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C. Bulk Approvals BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Purchase Service Order with URS for Airport Noise Coordinator for the Key West International Airport. ITEM BACKGROUND: These services are associated with the ongoing Noise Insulation Program for the Key West Airport. Services will be funded 95% by the Federal Aviation Administration, and 5% Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Acceptance of Federal Aviation Administration Grant, August 8, 2007. CONTRACT/AGREEMENT. CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $66,095.00 BUDGETED: Yes COST TO AIRPORT: None SOURCE OF FUNDS: FAA, PFC COST TO PFC: $3,304.75 COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AD 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONER ~~@~IJm[E I \ CONTRACT SUMMARY 2007 Contract # Contract with: URS By Effective Date: 10/1/0 Expiration Date: 9/30/08 Contract Purpose/Description: Airport Noise Program Coordinator, for the Key West International Airport Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department! Stop) for BOCC meeting on: 9/19/07 Agenda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: $66,095.00 Current Year Portion: FY 2008 - 100% Budgeted? Yes Account Codes: Pending FAA grant for NIP Ph 6 Grant: FAA, pending County Match: PFC Revenue ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . I (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director ~ /2.1 /01 ( ) (")C) ~2-l/ d1 Risk Man~ment LJJJo7 ( ) (.1 <2; /flJt)) h'" O~B.lPurcht~ing L/ Ji!...1D: ( ) V1 tJ nf/) County Attorney --! --!- ( ) ( ) L;~/~ Comments: PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 06/07-35 Re: PSA Agreement, Dated: 1-1-02 Resolution Project Name: Kev West Intemational- Noise Coordinator Description of Services: (SEE ATTACHED SCOPE OF SERVICES) Service from 10/1/07 to 9/30108 Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 395 Fee this Service Order $ 66,095.00 Payment for Services shall be in their entirety as per PSO. Prepared by: ~~ /~ Milford A. Reisert Date: 1/s/ c// Date: 8-l()-O1 Accepted by: Approved by: '.--"'1 ./1 /,;/ C' ) 'I(L~ /1 ! (>/ . . /! (?;:!;Z:- / -;? e"-- Carlos Garcia , ~J II Date: 8'.,' d',' r:/?- Date: I 1 URS EXHIBIT A SCOPE OF SERVICES EXTENSION OF STAFF: AIRPORT NOISE PROGRAM COORDINATOR KEY WEST INTERNATIONAL AIRPORT This Scope of Services will describe tasks necessary for URS to assist the airport with duties previously performed by the Airport Noise Program Coordinator, including certain homeowner liaison tasks as described below. The PSO associated with this Scope of Services will cover services for Fiscal Year 2008 (October 1, 2007 through September 30, 2008). URS will provide staff on an as-needed basis to answer inquiries from and provide information to the public, the media, the County, and the NIP Consultant Team, as appropriate. URS will act as the liaison between the Homeowners and the County, and will attend the bi-monthly meeting of the airport's Ad-Hoc Committee on Noise. URS will assist with the preparation of the Agenda Package for the Ad-Hoc Committee meetings, in advance of these meetings. URS will also prepare minutes of these Ad-Hoc Committee meetings. URS will provide Homeowners with a telephone number, and monitor an answering machine connected to the local phone number. URS will maintain contact with Homeowners in all phases of the NIP to ensure homeowner satisfaction, answer questions, and assist in the resolution of any issues that arise during the NIP. URS will monitor the NIP Consultant Team during the Phase 6 design period. URS will attend some of the Measurement Visits, with the NIP Consultant Team and the Contractor. If necessary, URS will verify with the Homeowner the product selection styles, colors and finishes, the window grille configuration (if applicable), and the location of the air condensing unit (if applicable). URS will follow up with Homeowners to assist in collecting this information as needed. URS will make frequent visits during construction to observe progress, ensure compliance with contract requirements, and monitor Homeowner satisfaction. URS will verify Homeowner satisfaction and document that the Homeowner has received their warranty manuals. The manuals will list the length of workmanship and product warranties, and the names and telephone numbers of whom to call should warranty service be required. URS will attend some of the post-modification noise measurements, and review the final report that documents acoustical improvements. D:IKey WestlScopes and CoslslExlension of Staff FY08.doc June 2007 Created by wp_dwm - 10 <n o -a.Elil iii 'sE;,o :z (3. .3 (I) () r- III en Gl <n -() . ~1Il a> Gl c:: r;J c:: ~ ...o(ljGl CZ(l)~ UJ CO ... <n III o. o \0 () 10 ~ (lj~lil ~ o -.!!! 0 M 10 ~Slu~ VI r:: 0 .- :r: "C '- - co o ell O'l:: tD > 0 v, Ii) o :P-<ci0...: U co l6 L{) () fFT bt)ttT E .~ 'iij xL: III ~ .- en "- CO E <t: Q; g '- "C ro :r: C) <t: a: o - . 0 '- 10 a. glil '""" '0 0 Q) ...:vRu;;; II) 0 c EA- -- .c C l{) ot:: ;'.!l1~Ul '<I' Z 0 "o..~\.,; '""" a. Q);' ... 0 - t:: '- ;3 :x: CO 0'- u.. ... 0.<: g "' o '-- o'lij r- X .- cu ~ 0 '<1'- . I- <: <:: "~*o ;;; 1ii I I 0 .2 c EA- ..... :;:; ~ ~ .. 0 (f) '1\ tt:: - - ~ Ul L{) "'" ctl '" (I) 0.. x.. '""" -0 ..... r:: Q; ;, CO ~ '- roO c E ~ ~ 0:'" .Q Or:: 0 (J) .- 0 .... co C ..... - '<I: Ul tD_ Q) It't r::::: ~ ... co 0 en ..... VI 0 II) - ell '<I' U C\l x W .- CI> g ~;;; ~ w 11):> '0 ~ 0 .- ... <::> ".C. 0 u; (/j CI> "- " <0 ~ N '" o ~ it 1J 0'1 I > f'\ >< ~ a:x > ~ w _ ~ Q) ~ .- o BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Purchase Service Order with URS for Part 150 Noise Exposure Maps Update for the Key West International Airport. ITEM BACKGROUND: This update is associated with the ongoing Noise Insulation Program for the Key West Airport. Services will be funded 95% by the Federal Aviation Administration, and 5% Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Acceptance of Federal Aviation Administration Grant, August 8, 2007. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $99,701.00 BUDGETED: Yes COST TO AIRPORT: None SOURCE OF FUNDS: FAA. PFC COST TO PFC: $4985.05 COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AD 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONER J ~~ A~G [';2 ~ ~O; ~ CONTRACT SUMMARY By Contract # Contract with: URS Effective Date: Execution Expiration Date: 180 days Contract Purpose/Description: Part 150 - Noise Exposure Maps Update, for the Key West International Airport I Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department! Stop) for BOCC meeting on: 9/19/07 Agenda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: $99,701.00 Current Year Portion: - $2,500.00 Budgeted? Yes Account Codes: Pending FAA grant 037-033 Grant: FAA, pending County Match: PFC Revenue ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No D1\'~ Airports Director ,5L/2.J Ill} ( ) (14- ~1.\/.01 Risk Man~em?\t Y..Jh/ OJ ( ) (-I ~~/Q] o.Us.lPUrCh~ing _L-IJ~l-' ~ ( ) (v(" fO~ ulliriT County Attorney / / ' ( ) ( ) 1;~ ~4Jt.CA';" tf / L!....J "1 --- County Attorney Comments: PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 06/07-37 Re: PSA Agreement, Dated: 1-1-02 Resolution Project Name: Key West International- Part 150/Noise Exposure Maps Up-date Description of Services: (SEE ATTACHED SCOPE OF SERVICES) Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 180 Fee this Service Order $ 99,701.00 Payment for Services shall be in their entirety as per PSO. Prepared by: ~~ Milford A. Reisert Date: ~/:?/c/7 Date: s-( O-OL Accepted by: Approved by: .~ " ~ ,/. . /1/' ':. , / ,': - I ( . ,.~[ , \. , /L: /. ..(;;z- /: ~/z~- Carlos Garcia, ,/ ,.,'.: 1/ (/ ... j \..i....,,'-/ Date: ~.. d- . () T Date: 1 UIAAA-RE CEPTION I S T\PSO'06.07\PSO-06-0 7 -3 7. DOC SCOPE OF SERVICES Key West Int'I Airport - NEM Update KEY WEST INTERNATIONAL AIRPORT NOISE EXPOSURE MAPS UPDATE SCOPE OF SERVICES TASK 1 PROJECT MANAGEMENT Throughout the duration of the project the Project Manager will be coordinating, as necessary, with KWIA staff and others, to ensure that the project and schedule are progressing as planned. This on-going coordination will provide KWIA staff with a consistent, single point-of-contact throughout the duration of the project. Included under this task will be any coordination meetings required outside the scope of the meetings with the Ad-Hoc Committee, and all project review meetings. TASK 2 UPDA TE LAND USE MAPPING The Geographic Information System (GIS) will be updated to delineate current land use, population, housing, airport related easements, and airport facilities/property. Field review will be accomplished in order to verify current land uses within the noise contours and around the airport property. The GIS will be used to estimate noise exposure within the noise contours developed for this study, T AS K 3 COLLECT AIRCRAFT OPERATIONS DATA Data will be collected on existing aircraft operations for the 12-month period January 1, 2006 through December 31, 2006, to update the Year 1998 Noise Exposure Map contained in the Part 150 Study. Data will be obtained from Flight Aware andfor Flight Explorer, which identify all IFR Flight Plan departures and arrivals into KWIA Runway utilization and location of flight tracks will be validated or updated through consultation with personnel at the Key West Airport Traffic Control Tower, The airport will provide copies of Airline Landing Fee Reports and logs of nighttime aircraft activity. URS will continue to pursue obtaining radar data from Key West NAS. Data to be collected and analyzed will include the following: . Fleet mix . Number and type of operations . Flight tracks and usage . Day/night usage . Ground run-up and maintenance activities . Airspace and air traffic considerations and operational constraints . Runway end utilization May 29, 2007 Page 1 of 6 SCOPE OF SERVICES Key West Int'I Airport - NEM Update Aviation related data will be obtained from various sources including: . KWIA Airport Traffic Control Tower . Key West Naval Air Station . Airline Landing Fee Reports . Nighttime Aircraft Activity Logs . FAA Air Traffic Activity Data System (A TAOS) . FAA Termina/ Area Forecast (TAF) . Airline Schedules . Flight Explorer . Flight Aware The FAA TAF will be the basis for determining the number of operations for the future condition. However, it should be noted that the TAF historical data is for fiscal years, rather than calendar years. The number of operations for calendar year 2006 identified in the ATADS (87,049) does not match the number of operations for fiscal year 2006 identified in the T AF (83,633). The forecast of future operations will be submitted to FAA for approval for use in the NEM Update. TASK 4 EXISTING NOISE CONTOURS Task 4.1 Develop Existing Noise Contours Airport and aircraft operations data, including aircraft engine run-up operations, prepared in Task 3, will be compiled and analyzed to determine the operational characteristics for the average annual day. This information will be formatted for input into the most current version of FAA's Integrated Noise Model (INM) available at the start of modeling. INM standard database aircraft, departure, and approach profiles will be used to model existing aircraft operations at KWIA. Beginning with INM Version 6.2, released in May 2006, was the capability to turn off lateral attenuation for helicopters and propeller aircraft in order to simulate propagation over acoustically hard surfaces such as water or rocks. This capability will be utilized to take into account the effect of the water surrounding the airport. Noise contours representing the combination of flight operations and engine run-up operations will be generated at DNL 65, 70, and 75 dB. The I Nfvi standard grid analysis feature will be used to calculate DNL values at up to 20 noise-sensitive sites. Task 4.2 Evaluate Impacts of the Existing Condition Noise Contours The DNL 65, 70, and 75 dB noise contours which were developed in Task 4.1 will be incorporated into the GIS database in order to more accurately quantify noise exposure in terms of population, households, and land use. Tables will be May 29, 2007 Page 2 of 6 SCOPE OF SERVICES Key West Int'I Airport - NEM Update developed from the GIS to describe (he noise exposure estimates for the Existing Condition. Graphics will be provided to illustrate the noise contours superimposed over the base mapping and land use. Noise compatibility will be determined by comparing the anticipated DNL noise levels with existing land use and the FAA Land Use Compatibility Guidelines provided in Table 1 of Appendix A of CFR Part 150. TASK 5 FUTURE NOISE CONTOURS Task 5.1 Develop Future Condition Noise Contours The future aircraft and airport operations, developed in Task 3, will be compiled and analyzed to determine the operational characteristics for the average annual day for the forecast period. This information will be formatted for input into the most current version of FAA's Integrated Noise Model (INM) available at the start of modeling INM standard database aircraft, departure, and approach profiles will be used to model existing aircraft operations at KWIA Beginning with INM Version 6.2, released in May 2006, was the capability to turn off lateral attenuation for helicopters and propeller aircraft in order to simulate propagation over acoustically hard surfaces such as water or rocks. This capability will be utilized to take into account the effect of the water surrounding the airport. Noise contours representing both flight operations and engine run-up operations will be generated at DNL 65, 70, and 75 dB. The INM standard grid analysis feature will be used to calculate DNL values at up to 20 noise-sensitive sites. Task 5.2 Evaluate Impacts of the Future Condition Noise Contours The DNL 65, 70, and 75 dB noise contours for the future conditions which were developed in Task 5.1 will be incorporated into the GIS database in order to more accurately quantify noise exposure in terms of population, households, and land use. Tables will be developed from the GIS to describe the noise exposure estimates for each of the future conditions. Graphics will be provided to illustrate the noise contours superimposed over the base mapping and land use. Noise compatibility will be determined by comparing the anticipated DNL noise levels with existing land use and the FAA land use compatibility guidelines provided in Table 1 of Appendix A of CFR Part 150. TASK 6 NEM CONSULTATION AND PUBLIC INVOLVEMENT The project will include sufficient consultation and public involvement to meet the requirements of the Part 150 process. The airport operator must afford interested persons adequate opportunity to submit their views, data, and comments concerning the correctness and adequacy of the draft Noise Exposure Map and forecast aircraft operations. May 29, 2007 Page 3 of 6 SCOPE OF SERVICES Key West Int'\ Airport - NEM Update Task 6.1 Identify and Notify S 150.21 (b) "Consulted Parties" CFR Part 150, Airport Noise Compatibility Planning, S 150.21 (b) requires that each Noise Exposure Map and related documentation must be developed and prepared in consultation with states. and public agencies and planning agencies whose area, or any portion of whose area, of jurisdiction is within the DNL 65 dB contour depicted on the map, FAA regional officials, and other Federal officials having local responsibility for land uses depicted on the map. This consultation must include regular aeronautical users of the airport. URS Corporation, in coordination with KWIA staff, will identify and notify by letter the parties, including but not limited to: Federal Aviation Administration, City of Key West, Monroe County, Florida Department of Transportation, American Eagle, Continental Airlines, Delta Airlines, USAirways, FedEx, DHL, Island City Flying Service, and the Airport Traffic Control Tower. Task 6.2 Present Information at Ad-Hoc Committee Meetings URS Corporation will present information on the progress of the study at the regular Ad-Hoc Committee meetings that are scheduled during the duration of the study. The Ad-Hoc Committee meets the first Tuesday of every other month, KWIA staff is responsible for placing ads in the local newspaper announcing the date, time, and location of the Ad-Hoc Committee meetings. KWIA staff should request "proof of publication" from the newspaper to document that meetings were appropriately advertised. URS will prepare hand-out materials summarizing key elements of the study for distribution with the Ad-Hoc Committee agenda package. Additional copies of the hand-out materials will be provided for distribution to members of the public who attend the meetings. Copies of the newspapers ads announcing the meetings, agenda, meeting minutes, and hand-out materials will be included in an appendix to the NEM document. Task 6.3 Present Information to the Board of County Commissioners URS Corporation will attend one Monroe County Board of County Commissioners (BOCe) meeting in order to present the results of the study. A handout package will be prepared for distribution to the BOCC. URS will prepare the hand-out and provide an electronic (PDF format) copy of the handout to KWIA staff for incluSion in the BOCC Agenda Package. Copies of the agenda, meeting minutes, and hand-out materials will be included in an appendix to the NEM document May 29, 2007 Page 4 of 6 SCOPE OF SERVICES Key West Int'I Airport - NEM Update TASK 7 NEM REPORT PREPARATION Work conducted in Tasks 2 through 6 will be compiled and formatted to create the Noise Exposure Maps and Supporting Documentation, which will be submitted to FAA for their consideration under 14 CFR Part 150. Four versions of the NEM document will be prepared over the course of the study. Quantities of each version are estimates of KWIA's needs. The cost estimate is based on the quantities indicated below. If additional copies are determined to be necessary, they will be printed and charged to KWIA on a per copy basis In addition to the hard-copies, electronic copies (PDF format) of Versions 2, 3, and 4 will be provided to KWIA staff on a CD. Task 7.1 Prepare NEM Version 1 Version 1 of the Noise Exposure Maps and Supporting Documentation will be submitted to KWIA staff and the Ad-Hoc Committee for review and comment Task 7.2 Prepare NEM Version 2 Version 2 of the Noise Exposure Maps and Supporting Documentation will incorporate comments from KWIA staff and the Ad-Hoc Committee, and will be the version presented to the SOCC. Version 2 will be provided on CDs for distribution to the BOCC. Task 7.3 Prepare NEM Version 3 Version 3 of the Noise Exposure Maps and Supporting Documentation will incorporate comments from the SOCC, and will be the version submitted to the FAA for their review and acceptance. FAA requires 5 hard copies and one CD. Task 7.4 Prepare NEM Version 4 Version 4 of the Noise Exposure Maps and Supporting Documentation will incorporate the FAA's notice of acceptance, and will ~e the final NEM document for the project. Version 4 wil! be provided on CDs for distribution by KWIA, as they deem appropriate. KWIA Consultant FAA # Hardcopies/CDs # Hardcopies/CDs # Hardcopies/CDs NEM Version 1 15/0 2/0 0/0 NEM Version 2 2/15 2/1 0/0 NEM Version 3 2/1 2/1 5/1 NEM Version 4 5/10 2/5 1/1 May 29, 2007 Page5of6 SCOPE OF SERVICES Key West Int'l Airport - NEM Update TASK 8 PROCEDURAL REQUIREMENTS TO LIMIT RECOVERY OF DAMAGES After FAA acceptance of the Noise Exposure Maps and Supporting Documentation, URS Corporation will follow all procedural requirements outlined in Section 107 of the AViation Safety and Noise Abatement Act of 1979 (PL 96-193, 49 USC 2101) which provides a process whereby a person acquiring property in an area surrounding an airport for which a Noise Exposure Map has been submitted shall be limited in the recovery of damages with respect to noise attributable to the airport. The Act outlines the requirements and exceptions to this limitation, URS Corporation will ensure that these requirements are met so as to further protect the airport URS Corporation will prepare a camera-ready public notice for publication in the Key West Citizen. URS will arrange for publication of the legal ads at a size of approximately 3 columns by 6 inches. The legal ads will be published once a week for three consecutive weeks. URS will obtain proof of publication from the Key West Citizen for each publication of the legal ads. KWIA may choose to publish the public notice in additional area newspapers at their expense. May 29, 2007 Page6of6 ~ ~ ~ ~ ~ : ~ G Q ~ N ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ m N ~ ~; ~ ~ ~ ~ ~ ~ ~ ~ : o 0 ,..0 o 0 0 0 Q . 000 Q 0 .11:", 0 <:I 0 0 C ~= ~ ~ ~ ~ ~ c.. c - "" .. . 9 c. 'S uJ o o ~ ~ ~ ~ ~ ~ ~ " 0 ID III ~ '<f 0 ~ N n ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ M ~ "" N o ~ ~ ~ ~ ~ n ~ c -t-...u .... .......... ~ .!! ~ ~ ~ u ~ '<t '<f aD 0;:1 ..,. 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'l;' ~ ~ I.n.. t~ O.l; ...~ ~ ...., 0 M N,;,.; N R I,/') ;1'01 ]" gzto." .. loOt ... -~~~:a ~f;;":1A 0 .". ([) ([) (0 0 ~ ~ ~.,.! -2X. N ~ ~ ~ 00 ~ ", ~~ .... ..',. ,i t; I- ~1i ~ ,,> ~>--~ ~~,-~ :r,a ,-~ ~~ ~ .~ 15 n;;;<l ~ i fi,:;; c... W Of" ~ ,. c:: .... Q. 'C :C r! 00 lIl:l c::{ "- - 0 .," :;;: 0 ~~ " ..t .", , " ...J a. ",' ,:" ill if c::{ ~ 6 ~ zen ~ >- ~ o a. 0: ill CJ ~ ~ ~ ~ ~ e c(~ ~ t: is ffi z w ~ ~ ~ ~ ~ ~ ~ ~ C ~ w:J...J :2;;( ~"....I ~ 00 ~ ~ ~ ~ ~ ~ z ~ g ~ 0 00 a ~ g ~ ~ ~ ~ ~ I- ~ 0 z ~ ~ ~ g ~ ~ ~ 00 x ~ ~ ~ ~ ~ 8 5 g fu ~ W W 0 ~ ~ ~ ~ w U ~ ~ ~ c:: Q: Z ~ 1L VI W ~ CI.. :> 1,1 U 0 ~ 0 () !!2 ...J .... ~ >LIool ~ (I) i= - ~ z 0 '::l ~ a:: en W 0{ ~ cr:: ~ z ~ ~ ::> >- W ~ ~ ~ ~ ~ ~ 8 ~ ~ UJ 0 UJ ~ m z ~ '" ~ ~ ~ Q ~ 2 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ N M ", '" ~;:;" '" BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of supplemental lease agreement with the Federal Aviation Administration for office space at the Key West International Airport. ITEM BACKGROUND: Lease is for the term of 10/1/06 through 9/30/07, with one year options to 9/30/11. PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement dated August 21, 2001. CONTRACT/AGREEMENT CHANGES: Extends term to 9/30/11, and adjusts rent to current Rates & Charges. STAFF RECOMMENDATION: Approval TOTAL COST: None BUDGETED: n/a COST TO AIRPORT: None SOURCE OF FUNDS: n/a COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: Yes AMOUNT PER YEAR: $8,112.72 - 10/06-9/07 $10,845.45 - commencing 10/07 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Federal Aviation Administration Effective Date: 10/1/06 Expiration Date: 9/30/11 Contract PurposelDescription: Supplemental agreement for office space at the Key West International Airport Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext. ) (Department! Stop) for BOCC meeting on: 9/19/07 Agenda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: Revenue producing Current Year Portion: n/a Budgeted? n/a Account Codes: n/a Grant: n/a County Match: n/a ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No ~ Airports Director -3-~1Q2 ( ) ~ Lt3QjsD Risk Man~!ement L1MJiJ ( ) (..j ~rHo~ 1s-Wi.LD . ~.JU ~ ~ ~~ ~cEJfL O. .B.lP~c~Sing ~ ~ ~ /...1l...-:Jr ( ) ( ) orO B County Attorney _/--!- ( ) ( ) 1>0. d !\.oCt I'1IbJl,CA J, ~ ~7/fl County Attorney Comments: DEPARTMENT OF TRANSPORTATION FEDERAL A VIA TION ADMINISTRATION SOUTHERN REGION, ASO-53 Supplemental Agreement No. I Lease No.: DTFA06-02-L-00365 Facility: AFSSC Office Space Location: Key West, FL THIS SUPPLEMENTAL AGREEMENT, entered into this day of ,2007, between BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA. hereinafter called the Lessor, and the United States of America, acting by and through the DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Southern Region, P.O. Box 20636, Atlanta, Georgia 30320, hereinafter called the Government; WHEREAS, it is the desire of the parties to amend said Lease Number DTF A06-02-L-00365 dated August 21 , 200], whereby the Lessor leases to the Government Approximately 231 square feet of net usable space located on the second floor of the Tenninal Building, Key West International Airport, Key West, Monroe County, Florida. NOW THEREFORE, the parties hereto covenant and agree that said lease contract is hereby amended as follows without change in the tenns and conditions specified therein, unless herein provided effective as of the date first written above. Article 3 is deleted in its entirety, and the following is substituted therefore: 3. RENEW AL This lease may, at the option of the Government, be renewed from year to year and otherwise upon the tenns and conditions herein specified The Government's option shall be deemed exercised and the lease renewed each year for one (I) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal expires; provided, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September, 2011; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. Article 4 is amended as follows: 4. CONSIDERA TlON Rent in the amount of $8,1 ]2.72 for the rental tenn of 10/01106 through 09/30/07 at the rate of 35.12 square feet shall be payable to the Lessor in arrears. Rent in the amount of $1 0,845.45 per year, or $903.78 per month shall be payable to the LESSOR at the end of each month in the amount of $676.06 per month, without the submission of invoices or vouchers. Subject to available appropriations. The applicable annual rental rates beginning October I, 2007, to the premises covered by this lease are $46.95 per square foot for space. Rent shall be considered paid on the date a check is dated or an electronic funds transfer is made. Checks will be made payable to: Board of Commissioners of Monroe County, Florida c/o Director of Airports, Key West International Airport 349] South Roosevelt Boulevard, Key West, Florida 33040 "t..:..._",/ ':-". ...,... l' -:. ~. DEPARTMENT OF TRANSPORTATION FEDERAL A VIA nON ADMINISTRA nON SOUTHERN REGION, ASO-53 Supplemental Agreement No. I Lease No.: DTF A06-02-L-00365 Facility: AFSSC Office Space Location: Key West, FL All other terms and conditions of the lease remain unchanged. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. LESSOR: UNITED STATES OF AMERICA Board of County Commissioners Department of Transportation of Monroe County, Florida Federal Aviation Administration By: By: Signature Signature Real Estate Contracting Officer Title Title .~. -> ....,; , . CLERK'S ORIGINAL FEDERAL AVIATION ADMINISTRATION LAND LEASE US. Department , of Transportation Lease No. DTFA06-02-L-00365 Facility: AFSSC Location: Key West, Florida LEASE Between BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA and THE UNITED STATES OF AMERICA THIS LEASE made and entered into this ~ day of ,2001 by and between the Board of Commissioners of Monroe CC'unty, lorida whose ad ess is Board of Commissioners of Monroe County, Florida c/o Director of Airports, Key West International Airport, 3491 South Roosevelt Blvd., Key West Florida 33040 for itself or its, successors, and assigns, hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Government the following described property, hereinafte.r referred to as the premises, viz: Approximately 231 net usable square feet of office space located on the second floor of the terminal building, Key West International Airport, Key West, Monroe County, Florida. The space is identified as Room No. 202. 2. TERM To have and to hold said premises with their appurtenances for the term beginning October 1, 2001 through September 30, 2002, subject to termination and renewal rights as may be hereinafter set forth. 3. RENEWAL This lease may, at the option of the Government, be renewed from year to year upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 2006. 4. CONSIDERATION The Government shall pay the Lessor rental for the premises in the amount of $6,179.25 per year. Payments shall be made in arrears at the end of each month without the submission of invoices or vouchers, subject to available appropriations. Rent for a lesser period shall be prorated.. Payment shall be considered paid on the day a check is dated or an electronic funds transfer is made. Checks will be made payable to: , Board of Commissioners of Monroe County, Florida c/o Director of Airports Key West Intemational Airport 3491 South Roosevelt Blvd. Key West Florida 33040 5. TERMINATION . The Govemment may terminate this lease, in whole or in part, at any time by giving at least 30 days notice in writing. Said notice shall be sent by certified or registered mail. 6. RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Govemment shall have no obligation to restore and/or rehabilitate, either wholly or partial/y, the space, which is the subject matter of this lease. It is further agreed that the Govemment may abandon in place any or all improvements made to the space by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Govemment to the Lessor in writing. Notwithstanding the foregoing, the Government shall take reasonable care of the premises and shall, in the event it damages, destroys or fails to reasonably maintain the same, compensate the Lessor for Lessor's additional costs resulting therefrom. 7. AL TERA TIONS. The Govemment shall have the right during the existence of this lease to make non-structural alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the prope~y of the Govemment and may be removed or otherwise disposed of by the Govemment. Notwithstanding the foregoing, no alteration, attachment or erection shall occur without the prior written approval of the Lessor's Airport Director, which approval shall not be unreasonably withheld or delayed; and, in addition, upon any removal of any of such alteration, fixtures or signs, if the removal damages or mars the premises in any manner, the same shall be restored by the Govemment at its cost prior to the end of the lease term. 8. SERVICES AND FACILITIES The Lessor shall fumish to the Govemment, as part of the rental consideration, the following: (a) HEATING, AIR CONDITIONING AND VENTILATION (HVAC): The Lessor shall fumish heating , air conditioning and ventilation systems that provide for the comfortable occupancy of the leased premises. Temperatures shall be thermostatically controlled to maintain temperature not lower than 70 degrees Fahrenheit during the heating season and not higher than 78 degrees Fahrenheit during the cooling season. These temperatures must be maintained throughout the leased premises and service areas, regardless of outside temperatures, during the Government's hours of operation. (b) HVAC MAINTENANCE: The Lessor shall provide all preventive and periodic maintenance and repair of Lessor's HVAC equipment. C ELECTRICITY: The Lessor shall pay for electrical power serving the leased premises, including without limitation, electrical power for the operation of lights, communication, equipment and office machines. DTFA~2-L-00365 Page 2 or 7 (d) LIGHTING: The Lessor shall provide operational lighting fixtures including ballasts for any fluorescent units, light bulbs and tubes within the leased premises. (e) DRINKING FOUNTAINS: The Lessor shall fumish all equipment for a system to supply chilled potable clear drinking water within reasonable proximity of the leased premises, (f) TOILET FACILITIES: The Lessor shall provide operational toilet facilities for women and operational toilet facilities for men within reasonable proximity of the leased premises, (g) DISPOSAL SERVICE: The Lessor shall provide solid waste disposal services for the leased premises, (h) PEST CONTROL: The Lessor shall provide extermination and pest control services to the leased premises. (i) SECURITY: The Lessor shall provide security to prevent illegal entry, loitering or unauthorized entry to the leased premises. . (j) PAINTING: The Lessor shall accomplish interior repainting and redecoration of the leased premises not less than once every five yeaffi of Govemment occupancy under this lease. (k) WINDOW COVERINGS: The Lessor shall provide standard window coverings, Le. blinds or draperies, for all exterior windows within the lease premises including repair and replacement of such as may be required. Q) PARKING: The Lessor shall provide, at no additional cost to the Govemment, a minimum of one parking space for official Govemment vehicles. FAA employee and visitor parking shall be at or within close proximity of the Terminal Building, Key West IntemationaJ Airport. Key West, Florida. 9. SECURITY CHECKS FOR CONTRACTORS IN LEASED SPACE In accordance with FAA security order 1600.69, Facility Security Management Program, the Lessor shali provide a level of security that reasonably deters unauthorized entry to the leased premises during non- duty hOUffi, and deters loitering or disruptive acts in and around said leased premises during duty hours. In addition, consistent with Appendices 9 and 10 of FAA order 1600.1 D, Personnel Security Program, personnel information shall be submitted to the Government for each employee of the Lessor, as well as employees of the Lessor's contractors or subcontractors who perform work on the leased premises under the following situations: (a) If the cumulative work activities for any employee (i.e. janitorial, construction contractors, etc.) is expected to exceed 180 calendar days during a 1-year period, the lessor shall forward to the Government: (1) a quarterly report listing by full name in alphabetical order with the date of birth and social security number of all contractor personnel who had access to FAA facilities, resources and sensitive information anytime during the report period. (2) two (2) completed fingerprint cards (FD-256). All fingerprint cards shall be printed in black ink or typewritten with all answerable question blocks completed, and shall be signed and dated. (3) completed Questionnaire for Public Trust Position (SF-8SP). The SF-8SP shall be completed (all questions answered) in accordance with the instruction sheet. (4) and completed identification card application (DOT F1681) with appropriate pictures. (b) If the cumulative work activities for construction-type work with a cumulative duration of less than 160 calendar days over a 1-year period, the Government shall be provided only the completed employee DTFA~2-L-00365 Page 3 of 7 fact sheet (Records Check Request form) outlined in paragraph a(2) above. If local facility security measures require employees to display Govemment-issued picture identification badges, then the Lessor shall fumish to the Government completed identification card application (DOT F1681) outlined in , paragraph a (1). The Lessor ;s required to provide to the Govemment the required personnel information for existing employees within 10 calendar days after acceptance of this clause. Upon receipt of the information from the Lessor, the Govemment will conduct personnel security checks of those contractor employees outlined in paragraph a (1). The Govemment shall advise the Lessor, in writing, if a contractor employee is found to be unsuitable for access to FAA leased premises. Upon receipt of the written determination, the "unsuitable" employee will be immediately removed from the Government leased premises. Further. the Lessor will provide the FAA the required personnel security information for any new contractor employee hired after the date of acceptance of this clause within 10 calendar days. 10. ERECTION OF SIGNS. The Govemment shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearty identify the Govemment's facility so long as prior thereto written approval from the Lessor's Airport Director is obtained, which approval shall not be unreasonably withheld or delayed. Said signs so erected will remain the property of the Government and shall be removed from the premises upon termination of the Lease. 11. MAINTENANCE OF PREMISES. The Lessor shall maintain the demised premises. including the building and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease in good repair and tenantable condition, except in case of damage arising from the act or the negligence of the Govemment's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Government representative in charge, enter and inspect the same and make any necessary repairs thereto. As provided in Paragraph 5 above, the Government shall take reasonable care of the premises to not unduly damage or cause wear therein, and shall, in the event of a lack of care causin,9 undue damage or wear, reimburse the Lessor's additional costs resulting therefrom upon being invoiced therefor. 12. DAMAGE BY FIRE OR OTHER CASUALTY. If the premises are totally destroyed by fire or other casualty or are destroyed to such an extent as to render them unusable, then this Lease shall terminate effective as of such casualty and the Govemment shall vacate the premises as soon as reasonably possible. So long as the Government promptly vacates the premises following the casualty, no rentals shall accrue after the casualty. In case of partial destruction or damage to the premises by fire or other casualty so as to presently render the premises untenantable, as determined by the Govemment, the Govemment may terminate this Lease effective fifteen (15) days following the Government's provision of written notice thereof to the Lessor; and, if so terminated, no rentals will accrue to the Lessor after such partial destruction or damage, so long as the Govemment vacates the premises at the end of such fifteen (15) day period. If the Govemment does not elect to terminate this Lease as a resun of partial damage, the rental payable hereunder shall be reduced proportionately to the extent of the reduced tenantability, as evidenced by a supplemental agreement to be signed by the parties hereto. and effective from the date of such partial destruction. 13. APPLICABLE CODES AND ORDINANCES. The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at Lessor's own expense, to obtain all necessary permits and related items. DTFA06-02.L-00365 Page 4 of 7 14. INSPECTION OF PREMISES. At all times after receipt of offers. prior to or after acceptance of any offers, or during any construction, remodeling, or renovation work, the premises and the building or any parts thereof, upon reasonable and proper notice, must be accessible for inspection by the Contracting Officer, or by architects, engineers. or other technicians representing him, to detennine whether the essential requirements of the solicitation or the lease requirements are met. Additionally, the Government reserves the right, upon reasonable notice, to inspect and perform bulk sampling and analysis of suspected asbestos containing materials and to monitor the air for asbestos fibers in the space offered or under lease as well as other areas of the building deemed necessary by the Contracting Officer. Also, the Government shall have the right to inspect the premises for any leaks, spills, or other potentially hazardous conditions, which may involve tenant exposure to Polychlorinated Biphenyls (PCBs). 15. NOTIFICATION OF PCB HAZARDOUS CONDITION. The Lessor shall promptly notify the Contracting Officer and the tenant agency official of any leaks, spills, or other hazardous conditions, which involve PCBs in any area of the building. 16. TERMINATION-ERRONEOUS REPRESENTATION CONCERNING POLYCHLORINATED BIPHENYLS (PCBs). If it is detennined that the presence of PCBs has been misrepresented, the Govemment reserves the right to require the Lessor, at no cost to the Government, to remove or retrofit any PCB equipment present in the building, in accordance with EPA regulations, or altemately the Govemment may terminate the lease. This is in addition to other remedies available to the Govemment. 17. WARRANTY OF SPACE. (a) Notwithstanding inspection and acceptance by the Govemment or any provision conceming the conclusiveness thereof, the Lessor warrants that all space leased to the Government under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service t~e leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the tenn of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. (b) If either ACMs or PCBs are found to be in the leased space the Govemment reserves the right to require the Lessor, at no cost to the Government, to take whatever corrective action as might be required by the Toxic Substance Control Act. (c) If the Lessor falls, after receipt of notice, to make correction within the specified period of time, the Government shall have the right to make correction and charge to the Lessor the costs occasioned to the Govemment or tenninate the lease agreement at no cost to the Govemment. (d) The rights and remedies of the Govemment in this clause are in addition to any other rights and remedies provided by the law and under this contrad. (e) Definitions. (1) "Acceptance", as used in this clause means the ad of an authorized representative of the Govemment by which the Govemment assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Govemment, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the Govemment's required post- asbestos-abatement air monitoring program. on With regard to non.friable asbestos materials in good condition, n means the establishment and execution of a special operations and maintenance program and an DTFA06-02-L-00365 Page 5 of 7 abatement plan, approved by the Govemment, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofrtting, in accordance with EPA regulations, of any PCB equipment present in the building. , 18. CLAUSES INCORPORATED BY REFERENCE. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. 52.203-3 GRATUITIES. 52.203-5 COVENANT AGAINST CONTINGENT FEES. 52.203-7 ANTI-KICKBACK PROCEDURES. 52.233-1 DISPUTES. 19. DEFINITIONS. (a) The terms "contract" and "Contractor" shall mean "lease" and "Lessor", respectively. (b) If the lease is a sul>lease, the term "Lessor" means the sub-lessor. (c) The term "Lessor shall provide" means the Lessor shall furnish and install. (d) The term "Contracting Officer" shall mean any person who, either by virtue of his/her position or by appointment in accordance with prescribed regulations, is vested with the authority to enter into and administer contracts and make determinations and findings with respect thereto, or with any part of such authority. (e) The term "Contracting Officer Representative" shall mean the designated person to act as the authorized representative of the Contracting Officer, and whose scope and limitation of authority must be in writing. (f) The term "beneficial occupancy date" (BOD) shall be the date as stated in Article 2, or some other date mutually agreed upon between the Lessor and the Government. The parties hereto shall enter into a supplemental agreement effectuating the actual BOD if other than stated in Article 2. 20. FAILURE IN PERFORMANCE. The covenant to pay rent and to provide any service, utility, maintenance, or repair required under this lease are dependent. If the Lessor, upon notice from the Government, and within a reasonable time, fails to provide any of these items, the Govemment may by contract or otherwise perform the service. maintenance, utility, or repair, and charge to the Lessor any cost incurred by the Govemment that is related to the performance of such service. maintenance, etc., including any administrative costs, and deduct such cost from any rental payments. Altemately, the Government may reduce rental payments by the corresponding value of the contract requirement not performed, as determined by the Contracting Officer. These remedies are not exclusive and are in addition to any other remedies, which may be available under this contract or in the law. Any determination by the Contracting Officer must be reasonable. In the event the Government fails to perform its obligations hereunder, the Lessor may terminate this Lease thirty (30) days after having provided written notice to the Government of such failure, without cure occuning within such period. The Lessor shall have all rights and remedies provided by the law to a landlord with a defaulting tenant, as against the Govemment, if ij is in default. 21. LESSOR'S SUCCESSORS. The terms and provisions of this lease and the condijions herein bind the Government and the Lessor and the Lessor's successors, and assigns. DTF A06-02.l..oo365 Page 6 of 7 22. NOTICES. All notices shall be in writing and sent by United States Certified or Registered mail, return receipt requested, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice to the other: TO LESSOR: Board of Commissioners of Monroe County, Florida C/o Director of Airports Key West International Airport 3491 South Roosevelt Blvd. Key West, Florida 33040 TO GOVERNMENT: FEDERAL A VIA TION ADMINISTRATION SOUTHERN REGION, ASO-55M P.O. Box 20636 Atlanta, Georgia 30320-0631 Tel: 404.305-5770 Facsimile: 404-305-5774 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. Ch.,".,W14V1 . al title) ~:.ITED sz: AM~I~~ REAL ESTATE CONTRACTING OFFICER / . (Signa~) -7 (Official title) DTF A06-02-L.OO365 Page 7 of 7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of supplemental lease agreement with the Federal Aviation Administration for storage space at the Key West International Airport. ITEM BACKGROUND: Lease is for the term of 10/1/07 through 9/30/08, with one year options to 9/30/12. PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement dated October 1, 2002. CONTRACT/AGREEMENT CHANGES: Extends term to 9/30/12, and adjusts rent to current rates. STAFF RECOMMENDATION: Approval TOTAL COST: None BUDGETED: n/a COST TO AIRPORT: None SOURCE OF FUNDS: n/a COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: Yes AMOUNT PER YEAR: $11.397.36 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Federal Aviation Administration Effective Date: 10/1/07 Expiration Date: 9/30/12 Contract Purpose/Description: Supplemental agreement for storage space at the Key West International Airport Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext. ) (Department! Stop) for BOCC meeting on: 9/19/07 Agenda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: Revenue producing Current Year Portion: n/a Budgeted? n/a Account Codes: n/a Grant: n/a County Match: n/a ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial. salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No ~]ftt Airports Director ..1J !p/Ot ( ) ~ 1J~/o7 Risk Management XfJ,.~ /Ji) ( ) cl ZlJ8IQ] O~B.lPU~h\~1,9 !LJ.J3J Jf3. ( ) ( ) ~C~~ ~t28 / D3- County Attorney -1-!_ ( ) ( ) ~ or~B rP- ~7 /.fl e.tLAA ~ J II County Attorney Comments: ~tt ./ tf w.z::"li- I~'i DEPARTMENT OF TRANSPORTATION FEDERAL A VIA TION ADMINISTRATION SOUTHERN REGION, ASO-53 ~G1Nj\L Supplemental Agreement No. I ORl Lease No.: DTFA06-03-L-05229 Facility: ATCT Storage Location: Key West, FL THIS SUPPLEMENTAL AGREEMENT, entered into this day of , 2007, between BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA. hereinafter called the Lessor, and the United States of America, acting by and through the DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Southern Region, P.O. Box 20636, Atlanta, Georgia 30320, hereinafter calIed the Government; WHEREAS, it is the desire of the parties to amend said Lease Number DTF A06-03-L-05229 dated October I, 2002, whereby the Lessor leases to the Government Approximately 454.44 square feet of net usable space located on the second floor of the Tenninal Building for Air Traffic Control Tower (A TCT) storage, Key West International, Monroe County, Florida. NOW THEREFORE, the parties hereto covenant and agree that said lease contract is hereby amended as follows without change in the tenns and conditions specified therein, unless herein provided effective as of the date first written above. Article 4 is deleted in its entirety, and the following is substituted theref>re: 4. RENEW AL This lease may, at the option of the Government, be renewed from year to year and otherwise upon the tenns and conditions herein specified The Government's option shall be deemed exercised and the lease renewed each year for one (I) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal expires: provided, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September, 2012; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. Article 6 is amended as folIows: 6. RENTAL Rent in the amount of $1] ,397.36 per year, or $949.78 per month shalI be payable to the Lessor in arrears and will be due on the first workday of each month, without the submission of invoices or vouchers. Subject to available appropriations. The applicable annual rental rates to the premises covered by this lease are $25.08 per square foot for space. Rent shalI be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shalI be prorated. Checks will be made payable to: Board of Commissioners of Monroe County, Florida c/o Director of Airports, 3491 South Roosevelt Boulevard, Key West, Florida 33040 All other terms and conditions of the lease remain unchanged. ~., ~'r IN WITNESS WHEREOF, the parties hereto have hereunto subsa-ibed their names as of the date above written. LESSOR: UNITED STATES OF AMERICA Board of County Commissioners Department of Transportation of Monroe County, Florida Federal Aviation Administration By: By: Signature Signature Real Estate Contracting Officer Title Title AS Date -. _._""'r.'~'-'" ~'-"0IiI ~.~ FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY LEASE NUMBER DTFA06~3-L~5229 Date of Lease: 10/1/02 1. THIS LEASE, entered into by and between Board ot Commissioners ot Monroe County, Florida whose interest in the property hereinafter described is that ot owner, hereby reterred to as lESSOR. and the United States ot America. hereinafter reterred to as the Government: WITNESSETH: The Parties hereto. and tor the consideration hereinafter mentioned. covenant and agree as tollows (10/96): 2. DESCRIPTION - The Lessor hereby leases to the Government the tollowing described premises: _Approximately 454.44 square teet ot net- usable space located on the second floor ot the Terminal Building and 300 square teet ot land located behind Hangar No.1, Key West International Airport, Monroe County, Florida. The 'ease premises ;s used tor Airway Facilities System Support Center (SSC) and Air Traffic Control Tower (ATCT) storage. The lease premises is identified as tollows: Room Name Sauare Feet Location Equipment 253.82 @ $14.29 pst Second Floor Maintenance Shop 200.62 @ $14.29 pst Second Floor land tor FAA Storage Bldg. 300.00 @$ .71 pst Hangar No.1 - .<l. I.. -'"'3 e."" ~II' 754.44 Total 7'lfjJ 004 M4 3. TERM - To have and to hold said premises with their appurtenances tor the term beginning October 1. 2002 through September 30 2003, subject to termination and renewal rights as may be hereinafter set forth. 4. RENEWAL - This lease may, at the option of the government, be renewed trom year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year tor one (1) year unless the Government gives the lessor thirty (30) days written notie that it will not exercise its option betore this lease or any renewal expires: provided, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30'" day of September, 2007; AND PROVIDED FURTHER, that adequate appropriations are available trom year to year for the payment of rentals. 5. TERMINATION - The Government may terminate this lease. in whole or in part. at any time by giving at least thirty (30) days notice in writing to the lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 6. RENTAL Rent in the amount ot $558.91 per month shall be payable to the lessor in arrears and will be due on the first workday at each month. without the submission of invoices or vouchers. Subject to available appropriations. The applicable annual rental rates to the premises covered by this lease are $ 14.29 per square toot tor space and $.71 per square foot tor land on which the Government's storage unit rests. Rent shall be considered paid on the date a check is dated or an electronic tunds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to: Board of Commissioners of Monroe County, Florida, clo Director of Airports. 3491 South Roosevelt Boulevard, Key West, Florida 33040. 7. STANDARD CONDITIONS AND REQUIREMENTS The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the GOVERNMENT) (10/96): Space offered shall have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the offeror shall complete and provide a certified copy at .FAA Safety & Environmental Checklist. form, in lieu of an occupancy permit, at the contracting officer's discretion. The leased premise. all accesses to the leased premises, building operations, equipment, services, or utilities furnished by the lessor, and activities of other occupants, shall be free of safety. health, and fire hazards. When such hazards are detected, they must be promptly corrected the lessor's expense. The Building and the leased space shall be accessible to the handicapped in accordance with the Uniform Federal Accessibility Standards (41 CFR 101-19.6, App. A) and all applicable state and local accessibility laws and regulations. The leased space shall be free of all asbestos-containing material, PCB's, Radon. and other environmentally hazardous substances. If environmentally hazardous substances or conditions are found, the lessor shall immediately correct such conditions, at no cost to the Government. Services. utilities. and maintenance will be provided daily, extending from 7:00 a.m, to 5:00 p.m. except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment shall be supplied 24 hrs. a day, seven days a week.. The Govemment shall have access to the leased space at all times, including the use of electrical services, toilets, lights, elevators, and Government office machines without additional payment. 8. SERVICES AND UTILITIES (To be provided by Lessor as part of rent. Services .hall be Building Standard. unles. level ol.eMce is prescribed elsewhere in the le.so.) (10196) 0 HEAT ONLY. DEG TRASH REMOVAL GROUNDS MAl NT INITIAL & REPLACEMENT XX OTHER - LAMPS, TUBES & BALLASTS ELECTRICITY ~ c:hilled drinking water SNOW REMOVAL (SpeCify below) 0 SPECIAL POWER . NOTED HVAC .6>70 DEG, F heating WINDOW WASHING BELOW) and 76-80 DEG, F cooling. Frequency PAINTING FREQUENCY Parkina as for airport emplovees. ~ DAIL V TOILET SUPPLiES & CARPET CLEANING DAIL V JANITORIAL SERVo & ~ WATER (Hot & Cold) CLEANING SUPPLiES OTHER REQUIREMENTS .. See Attachment "A" FEDERAL AVIATION ADMINISTRATION 10196 1 of 2 Pages FAA LEASE FOR REAL PROPERTY 9. GENERAL CLAUSES A, INSPECTION - The Government reserves the right. at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. The FAA shall have the right to perform sampling of suspected hazardous conditions. B. DAMAGE BY FIRE OR OTHER CASUALTY- If the building is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased space is untenantable as determined by the Government, the Government may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. (10/96) C. MAINTENANCE OF THE PREMISES - The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition, (10/96) D. FAILURE IN PERFORMANCE -In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs. from the rental payments. No deduction of rent pUl'$uant to this clause shall constitute a default by the Government on this lease. (10196) E. DEFAULT BY LESSOR - (1) Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the Government with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement. or any extension of the specified time. (b) Failure to maintain. repair. operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Contracting Officer, following Lessor's receipt of notice thereof from the Contracting Officer. (c) Repeated failure by the Lessor to comply with one or more requirements ofthis lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. (2) If a default occurs, the Government may, by written notice to the Lessor, terminate the lease in whole or in part. (10/96) F. ALTERATIONS - The Govemment shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. It is mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the Govemment shall have the option of abandoning alterations in place, when terminating the lease, at no additional cost. (10/96) G. OFFICIALS NOT TO BENEFIT - No member of or delegate to Congress. or resident commissioner. shall be admitted to any share or part of this contract. or to any benefit ariSing from it. However. this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. (1 0/96) H. COVENANT AGAINST CONTINGENT FEES - The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion. to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (10/96) I. ANTI-KICKBACK - The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contrae;! price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (10/96) J. PROTEST AND DISPUTES - All contract disputes arising under or related to this contract or protests concerning awards of contrae;!s shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or off8fOl-hiii'iiXf1;Nsted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the am~.ot-Di$pute'Res~lution within 5 calendar days of the date that the protester was aware. or should reasonably have been aware, of the agency action or inactiollwhictt..fllrms .tf\4, basis of the protest. Unless otherwise stated in this contract, a contract dispute by the contractor against the government shall be SUbmitted ICrlhe Contracting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by'the ContJat;ling Officer, upon request. (10/96) , "." .:' K. EXAMIN"';T10N OF RECORDS - The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 ve.ars after final payment under thiS contract have access to and the fight to examine any of the Contractor's di~fJl,l~fl)ir~b<tj~ffAml1 ~O/' O! otrer records lnvolviryg transactions related to this contract. (10/96) , ~ cr~ ~'ORM ! -. - . .--' ~'". -~ PART III - AWARD (To be completed by Government) A EAT N. WOLFE IN WITNESS WHEREOF, the arties hereto have si ned and sealed their resents: CHI 551 NTle Y ATTORNEY 8a. NAME AND TITI..E OF OWNER (Type or Print) eb 2;Z;ZOWm COUNTY COMMISSIONERS OF MONROE COUNTY, FL. Dixie M. Spehar, Mayor 07/15/2003 (10/96) THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 9a. NAME OF CONTRACTING OFFICEIl (Type or Prin/) 'K'"''"'''' COM"' 9c. DATE Ronnie Johnson \ 1S' I ~ /6 -o~ (10/96) FEDERAL AVIATION ADMINISTRATION 10/96 2 of 2 Pages ATTACHMENT CIA" TO LEASE NO. DTFA06- 03-L- 05229 1. INSTALLATION OF ANTENNAS CABLES AND OTHER APPURTENANCES. The Government shall have the right to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government, provided such il}stallations will not be located in such an area or in such a manner as to adversely effect the development, improvement or operation of the Key West International Airport. It is also specifically understood and agreed that in locating antenna wires or other appurtenances on top of the Administration Building, or other portions of the Administration Building, the Government will perform the work, or cause the same to be performed, in such a manner as to hold the County of Monroe harmless from any and all damages that may be sustained through the cancellation of the roofing bond. The Government shall also have the right and privilege to install, operate and maintain such underground power and control cables as will be necessary between the Air Traffic Communications Station and the emergency standby power plant for proper operation of the facility or facilities during periods of commercial power failure. 2. SECURITY. The Lessor shall provide sufficient security for the premises to prevent illegal or unauthorized entry and loitering. (10/96) 3. NO WAIVER. No failure by the Government to insist upon performance of any provision of this lease or failure to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. (10/96) 4. INTEGRA TED AGREEMENT. This lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this lease. (10/96) 5. COMPLIANCE WITH APPLICABLE LAWS. The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner, or both, of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This lease shall be governed by Federal law. (10/96) 6. NON-RESTORATION. The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the Government may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the Governemnt during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. (10/96) Attachment A 1 7. HOLDOVER. If, after expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a day-to-day basis not to exceed 90 days. Rent shall be paid monthly in arrears on a prorated basis at the rate paid during the lease term. (10/96) 8. NOTICES. All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other). (10/96) TO LESSOR: Board of County Commissioners of Monroe County, Florida c/o Director of Airports 3491 South Roosevelt Boulevard Key West, Florida 33040 TO GOVERNMENT: Federal Aviation Administration P. O. Box 20636 Atlanta, Georgia 30320 General correspondence may be forwarded to the above address via first class mail. 9. HOLD HARMLESS. The LESSEE shall save harmless the LESSOR for and against all claims for compensatory damages for injury or loss of property or personal injury or death by the negligent or wrongful act or omission of any employee of the LESSEE while acting within the scope of his office or employment under circumstances where the LESSEE, if a private person, would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not extend to claims based upon acts or omissions of the LESSEE's employees for which the LESSEE would not be liable under the Federal Tort Claims Act of 1945 (28 USC 2671 et seq.) as now or hereinafter amended. The LESSOR shall furnish the LESSEE with reasonable notice of any claims made against the LESSEE. A ttachment A 2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Purchase Service Order with URS for Disadvantaged Business Enterprise Implementation for the Key West and Marathon Airports. ITEM BACKGROUND: Services will be funded 95% by the Federal Aviation Administration. PREVIOUS RELEVANT BOCC ACTION: Acceptance of FAA grants funding this program, August 8, 2007 and August 15, 20007. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $168,465.00 BUDGETED: Yes COST TO AIRPORT: $8,423.25 SOURCE OF FUNDS: FAA/Airports Operating COST TO PFC: None COST TO COLlNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: Ibev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: 10/1/07 Expiration Date: 9/30/08 Contract Purpose/Description: DBE Implementation for the Key West and Marathon Airports Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department! Stop) for BOCC meeting on: 9/19/07 Agenda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: 168,465.00 Current Year Portion: None FY 2007 Budgeted? Yes Account Codes: pending FAA grant 037-032 Grant: Yes - FAA County Match: Airports ADDITIONAL COSTS Estimated Ongoing Costs: For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No rtJ-t+ Airports Director ~J2.Jm ( ) ~ !OJJQJfl Risk Man~ement l_Jk1J JD ()(v? 1] .~rton RJ~D7 "\1\-,\ ~~nt ~.B./P rc~asing D 0.:=1 /.Ji1 ( ) ( ) Lil1J1l7 County Attorney --!--!- ( ) ( ) ~ fO~ .~_-'''Hj oj Q,~ .e1l.Ot J " County Attorney Comments: PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 06/07-36 Re: PSA Agreement, Dated: 1-1-02 Resolution Project Name: EYW / MTH - DBE Implementation Services Description of Services: (SEE AITACHED SCOPE OF SERVICE) Services are from 10/1/07 to 9/30108 Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 395 Fee this Service Order $ 168.465.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Recommended by: _/"/ ~ /?;J:::Y/.~~ r " r Milford A. Reisert Date: ?;;;~A~7 Date: ~~ 2..l-07 ,/ ' Accepted by: . ''I Approved by: / (J iL&( / ..-./ ".- \(2'. "-.- Carlos Garcia 1<'! / ,- / Date: '5( /1 k~ Date: i I COUNT~TTNY o ED AS 0 F~ / / {,vvU PEDRO J. MERCACH; ,'. ASSISTANT C,9UNTY ATTORNEY ~ lr Date U.IAAA-RECEPTIONIST\PSO\06-07\PSO-06-07 - 36, DOC Scope of Services DBE Support Services for DBE Implementation Plan Kev West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1,2007 - September 30,2008 Overview The Key West International and Florida Keys Marathon Airports' Disadvantaged Business Enterprise Program was established in 2000 III accordance with the requirements of the U. S. Department of Transportation's guidelines 49 CFR Part 26. The objectives of the Airports' DBE Program were and still are: 1. That Disadvantaged Business Enterprises shall be assured, to the fullest extent possible, the opportunity to participate in the performance of contracts assisted in whole or in part with Federal funds, and 2. That no person, subject to the activities of the Monroe County Board of County Commissioners shall, on the basis of race, color, national origin, or sex, be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of any contract assisted in whole or in part with Federal funds. 3. To create a level playing field on which DBEs can compete fairly for DOT- assisted contracts; and ensure that the DBE Program is narrowly tailored in accordance with 49 CFR Part 26. 4. To ensure that only firms which full y meet the Department of Transportation's Eligibility standards are permitted to participate as DBE's. 5. To help remove barriers to the participation of DBE's in DOT - assisted Contracts. - In 2004, the Key West International & Florida Keys Marathon Airports (Airports) became certifying members of the Unified Certification Program (UCP) within the State of Florida. As certifying agencies, the Airports have the responsibility of adhering to and upholding all UCP and DOT rules and regulations regarding the DBE program. The Airports will need to stay abreast of UCP issues and modify/update their own DBE programs to incorporate UCP procedures, reporting, and forms. The Key West International Airport is currently developing a new terminal building. The estimated cost of this project is around $30 million. With partial FAA funding anticipated for this project, the airport will need to establish and regulate DBE goals for this major effort. Compliance and monitoring for this project are crucial to adhere to FAA and DOT regulations. A new terminal building may also mean the opportunities for DBE concessionaires and a need for the development of a DBE concession plan. The Florida Keys Marathon Airport began air carrier services in February of 2007. Additionally, Florida Keys Marathon Airport received a grant for repairs due to hurricane damage. 1 Prepared by: Monrgomery Consulting Group, Inc. Updated on: 25 July 2007 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October I, 2007 - September 30, 2008 Due to the afore mentioned issues, it is important that Key West International & Florida Keys Marathon Airports continue the implementation and development of their DBE Program and DBE Support Services. This scope of services identifies the elements and tasks the Montgomery Consulting Group (MCG) will undertake to provide support services for the Disadvantaged Business Enterprise (DBE) Plan Implementation envisioned by airport staff for Key West International Airport and Florida Keys Marathon Airport. The time period for this scope of services is estimated from October I, 2007 through September 30,2008. MCG's main coordination for this project will be with the airport's Disadvantaged Business Enterprise Liaison Officer (DBELO), Peter Horton, and other key airport staff such as Jerome Fain Jr., and URS project directors, Mil Reisert and Andres Gutierrez. However, MCG may coordinate directly with other airport staff as required to accomplish the scope of services. URS is to be copied on all correspondence to Monroe County Airports. 2 Prepared by: Montgomery Consulting Group, Inc. Updated on: 25 July 2007 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2007 - September 30, 2008 Specific Elementsffasks Element 1. DBE Certification Support Services 1. Accept, maintain & review applications for DBE certification under 49 CFR Parts 23 & 26. This task includes identification of request of needed additional information from applicants and completion of on-site visit report for applicants that are located in Monroe County. Coordination will be made with the applicant and appropriate agencies for applicants located outside of Monroe County. The UCP has currently identified 15 firms that the Key West International and Florida Keys Marathon Airports have the responsibility to manage as a responsibility of UCP participation. Labor hours and out of pocket expenses for certifying up to 5 additional applicants has been included in this scope, along with development, delivery and review of No Change Affidavits which each certified firm is required to complete on their yearly certification anniversary date (additional applications would require an increase in budget); 2. Make written recommendations to the Airport DBELO as to whether applicant firms should be considered for certification by the Airport(s)/UCP and prepare (as appropriate) a draft certification letter and certificates. For firms ineligible for certification, a letter stating the reason why the firm cannot be certified will be prepared for the DBELO; 3. Attend UCP meetings for the Airport(s) (up to 2 have been included) to keep abreast of the current UCP and future changes to the UCP and coordinate UCP issues to the DBELO. Any changes or updates that need to be made in accordance with UCP rules and regulations will be discussed with the DBELO via transmittal letter, e-mail or formal consultation; 4. Maintain a Directory of DBEs certified by the Monroe County Airports. The directory will be documented in accordance with UCP regulations and contain all required UCP fields/categories. This DBE Directory will be updated each time a new firm is certified. The DBE Directory will be kept on hand at the Airports as well as posted to the FDOT UCP DBE Online DBE Directory; 5. Prepare a monthly report for the DBELO on the status of DBE applications and DBE activities. The monthly status report will include the status of DBE applicants, certified DBEs and the date/status of their Annual No Change Affidavit, DBE Inquiries (firms which have shown interest in the DBE program, but have not formally submitted an application for DBE certification, Closed Applicant Files (applicants that submitted an application, but then never submitted all required documentation) and Denied Applicants (including comments on the reason that the firm could not be certified). The report will also include any and all support services performed in that specific period for the DBE program. 3 Prepared by: Montgomery Consulting Group, Inc. Updated on: 25 July 2007 Scope of Services DBE Support Services for DBE Implementation Plan Kev West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2007 - September 30,2008 Element 2. DBE Outreach Support Services 1. Contact DBE firms in regards to potential DBE contracting opportunities at the airport(s); 2. Identify potential DBE contracting opportunities at the Airport including DBE conceSSlOnmres; 3. Attend pre-proposal conferences to address the goals of the DBE program and provide a listing of the certified DBE finns. Attendance at 3 pre-proposal conferences has been budgeted; 4. Provide DBE Support Services Seminars for DBE firms including, but not limited to explanation of Bid proposals & RFQs, upcoming opportunities for DBEs, DBE Compliance issues & compliance/monitoring forms and completion of Annual No change Affidavits. Training sessions will be held once a quarter. 4 training sessions/seminars have been budgeted and provide DBE services for the Business to Business mentoring program to assist DBE firms with networking and provide matchmaking between DBE Firms and Non-DBE Firms; 5. Update & maintain the Key West International & Florida Keys Marathon Airports DBE website to include information regarding the DBE program for the purpose of increasing awareness of the DBE program and inclusion of the DBE Directory. DBE Opportunities, the DBE Newsletter and the DBE Directory will also be updated on the website as needed; 6. Development and distribution of an airport (s) DBE Newsletter to highlight DBE firms and current DBE opportunities at the airport(s). An updated distribution list for the newsletter will be created for each newsletter issued to incorporate newly certified DBEs, along with any other new contacts or interested firms. 4 newsletters have been budgeted. 4 Prepared by: Montgomery Consulting Group, Inc. Updated on: 25 July 2007 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2007 - September 30, 2008 Element 3. DBE Pro2ram Monitorine: and Compliance 1. Make recommendations regarding monitoring and reporting recommendations related to DBE goals/good faith effort, DBE program, compliance, and language in requests for proposal, contract documents; and develop a systematic approach for reporting DBE Compliance information to the Airport; and summarize the DBE Program performance on a quarterly basis. 2. Be available to the DBELO for consultation on DBE issues; and 3. Conduct "Good Faith Efforts" audits and contract compliance monitoring for each AIP Project and Make project site visits to investigate actual DBE project partici pation; 4. Coordinate with the airport's general consultant/engineer on DBE goals/good faith effort, DBE program compliance and language in requests for proposal and contract documents. 5. Prepare the DBE Goal and Methodology including any required updates in accordance with FAA guidelines for next fiscal year for Key West International Airport and Florida Keys Marathon Airport and update the DBE Plan to incorporate changes by the UCP; 6. Update ACDBE Concession plan for Key West International Airport and Florida Keys Marathon Airport to address Concessionaire development, regulation, compliance and monitoring; 7. Prepare a draft of the FAA reporting forms for DBE compliance as required by the airport and DBELO. Including, but not limited to annual DBE Concessionaire A wards & Commitments Reports and annual DBE Goal Methodology Updates; 8. Provide assistance to the DBELO in identifying grievance issues and assistance in handling any DBE appeals. 5 Prepared by: Montgomery Consulting Group, Inc. Updated on: 25 July 2007 ',- ~ ~ s: o is " .~ ~ 88888 888888 8888 8888 ~88 8888818 8 - . . . .. ...... .... .... 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"<l:a.~~ .::lim8(.)a.~~a.< wO ~~~ @...,~ ~ g> a. po N CO) ,a. w ~ oC( - .- a: c N~~Ltl'E_N",....Ltl<OC C\l"'~ ~m~~; Ii. i;1~I-~~~~ lD '5 '-(,)'- ~-"-"-"-"-"~-"""""""-"""~-"-"-""" -"'-"'-"-'" I Q t,jen;;tcr<oolii :i 8 m .,"'...."'..u...."''''....u..IIl.... "'...... ~ Ul~(.)~~cr ~ 0 Q w~~~~~w~~~~~~w~~~~ ~~~~ 0 ~~g~<~~ ~ ~ " 8 .g> ~ ~ 11 2! ~ Q; IKE [:\DEPE:\'DE~T KOST ESTI:\IXfES P. O. Box ...6681 (727) 367-291' St. Pete Beach Florida 33741 August 9, 2007 Ms. Bevette Moore Airport Operations 3491 S. Roosevelt Boulevard Key West, Florida 33040 Subject: Key West International Airport Consultant Fee Assessment Dear Ms. Moore: Attached is my assessment of the consultant fees for the proposed DBE Support Services for DBE Implementation Plan for Key West International Airport and Florida Keys Marathon Airport. This estimate covers all tasks which are included in the scope of services for this project. The estimated consultant fee for the proposed project is $1 56,530. I am also attaching an invoice for $550 for my services. Please do not hesitate to call should you have any questions regarding my assessment. Thank you for giving me the opportunity to prepare this estimate. If I can be of any service in the future, please let me know. Sincerely, ~ A.C~ Ikars (lke) A. Cakarnis Airport Engineer Attachments August 9, 2007 KEY WEST INTERNATIONAL AIRPORT AND FLORIDA KEYS MARA THAN AIRPORT DBE SUPPORT SERVICE FOR DBE IMPLEMENTATION PLAN INDEPENDENT COST ESTIMATE SUMMARY OF CONSULTANT FEE ESTIMATE 1. DBE Certification Support Services $ 37,300 2. DBE Outreach Support Services $ 42,130 3. DBE Program Monitoring and Compliance $ 36,230 4. Direct Costs $ 26,640 Sub- Total $ 142,300 URS Handling Fee (10%) * $ 14,230 TOTAL $156,530 1. OBE Certification Support Services .tl.o.l.u:s Bare .CQs1 Project Manager 76 $ 129 $ 9,804 DBE Outreach 248 83 20,584 DBE Coordinator 80 50 4,000 Admin. Assistant 54 54 2,916 TOTAL S 37,300 * Technical Assistance and Administrative Costs. 2. OBE Outreach Support Services ~ ~ Q;m Project Manager 116 $ 129 $ 14,964 DBE Outreach 160 83 13,280 DBE Coordinator 200 50 10,000 Admin. Assistant 72 54 3,888 TOTAL $ 42.130 3. OBE Program Monitoring and Compliance Project Manager 84 $ 129 S 10,836 DBE Outreach 236 83 19,588 DBE Coordinator 60 50 3,000 Admin. Assistant 52 54 2,808 TOTAL $ 36.230 4. Direct Costs A Airline Tickets Orlando - Key West '2 x $ 400 $ 4,800 B. Lodging 8 nights x $' 40/night $ 1,120 C. Per Diem 8 days )( $40/day $ 320 D. Local Telephone - 12 months x $1 OO/month $ 1,200 E. Newsletter copying & distribution 4 newsletters x $500/newsletter $ 2,000 F. Miscellaneous - , 2 months x $SOO/month $ 6,000 G. Internet Website Updating & Hosting $ 26,640 1) Website updating 40 hrs x $1 25/hr x 2 =$10,000 2) Hosting 12 months x SlOO/month = 1.200 Total $ , 1,200 TOTAL DIRECT COSTS $ 26,640 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Purchase Service Order with URS for Runway Safety Area (RSA) design plans and specifications for the Key West International Airport. ITEM BACKGROUND: Services will be funded 95% by the Federal Aviation Administration. PREVIOUS RELEVANT BOCC ACTION: Acceptance of FAA grant funding this project, August 8,2007. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: E-Mass Supplier - $137,500.00 BUDGETED: Yes URS - $164,810.00 COST TO AIRPORT: SOURCE OF FUNDS: FAA & PFC's COST TO PFC: $15,115.50 COST TO COLlNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 365 days Contract Purpose/Description: Runway Safety Area (RSA) Design Plans and Specifications Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department! Stop) for BOCC meeting on: 9/19/07 Agenda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: Supplier - 137,500.00 Budgeted? Yes URS - 164,810.00 Grant: Yes - FAA & FDOT County Match: PFC's ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director ~.!O/O'l ( ) ('A .EJ30/o, Risk Man~ement 'l /?}Jj 07 ( ) ('1 ~/J( /-.J!) ~ ~'\ ~ ~/ d.. =1/ i3:. ( ) (/' ~/IS3' O. .B.lPurctiasing County Attorney _/--!- ( ) ( ) tt..o.eL-CA ~ ~rPI/ ooj Comments: ~ ~f?! (AcCJ.~ ~ · County Attorney - ~ 11 (; IlAAlT 1'Q;.uclIN~ - 1> AIL . .A I P lvoV...s 6'1 ~ 0 e c @ / ~_ /0"/ __ - __ __ _______n____ --------------- ---------- ----..----------- ---- PURCHASE I SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 06/07-24 Re: PSA Agreement, Dated: 1-1-02 Resolution Project Name: Key West International-Runway Safety Area (RSA) Design Plans and Specifications Description of Services: (See Attached Scope of Services) Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 365 Fee this Service Order E-Mass Supplier $ 137,500.00 URS $ 164.810.00 Payment for Services shall be in their entirety as per PSO. Prepared by: .~ ~~~- ~ r / Milford A. Re1sert Date: (2-/9- c/) Date: ~-t. 2....oct Accepted by: Approved by: Date: Date: MO~tOUNTY n,g;r ' R ED A l' M f C1< . ~t\.--C-tL PEDRO J. ERCADO '! ASSISTANT C UNTY ATTORNEY\, t 7 (j 7 Date u, IAAA-RE CE PTIONI STIPSO\D6-07\PSO-D6-07 -24. DOC ," ~e of Services Provide design plans and specification for the design of the runway safety area (RSA) for runway 9 and runway 27 at Key West International Airport. Runway 27 design includes the incorporation of the E- mas supplier's design of the concrete E-mas blocks. The runway 9 design includes the filling in of apportion of the pond in the runway 9 approach to create land for the RSA (400'x600'). The plans and specifications also include the mitigation required as a result of the environmental assessment (EA) recently completed. :5 8 :5 :5 8 8 8 8!8 88:5 :5 :5 :5 :5 8 8 8 8 _ ooooo~.oooo~o80000 800 -:::; s: 'C\J '" ,.... ,..... ~ T""" 1.0 0) 0 C") I.l).q T- T"" 0 T'"" .~~ mO~~T""" T"""~~~ ~OO~T"""~ mOM ~~ cti..-~Lri~c-.i<"fMCJ:)k,....-ttiMa~dJklL)-"':cO ~C'rN <( I C\I N M (N (\J yo- ~ ~ ~~~WWW~~"',WWW~~WW~ ~M" 8 8 8 ~o; 'II'I"I"'~~"~ 08 I" 0" r..: ... '" ",I",,,, ",1",1",,,,; ",..:... 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Box 46681 (727) 367.2910 St. Pete Beach Florida 33741 February 20,2007 Ms. Bevette Moore Business Coordinator Airports Business Office 3491 S. Roosevelt Boulevard Key West, Florida 33040 Subject: Key West International Airport Consultant Fee Assessment Dear Ms. Moore: Per our agreement, attached is my assessment of the consultant fees for the proposed AlP Project (Runway 9-27 Safety Area - Design Phase) at Key West International Airport. This estimate covers all tasks which are included in the scope of services for this project. The estimated consultant fee for the proposed project is $1 51,960. I am also attaching an invoice for $700 for my services. Please do not hesitate to call should you have any questions regarding my assessment. Thank you for giving me the opportunity to prepare this estimate. If I can be of any service in the future, please let me know. Sincerely, ~~ fJ. CCMc.~ Ikars (Ike) A. Cakarnis Airport Engineer Attachments February 20, 2007 KEY WEST INTERNATIONAL AIRPORT RUNWAY 9-27 SAFETY AREA - DESIGN PHASE INDEPENDENT COST ESTIMATE SUMMARY OF CONSULTANT FEE ES1"IMA TE 1. Design Phase $ 126,310 2. Field Survey $ 17,050 3. Geotechnical Investigations $ 3,800 4. Direct Costs (URS) $ 4,800 TOTAL $ 151,960* 1. Design Phase ~ Bate Q)s1 Project Manager 120 $ 135 $ 16,200 Senior Engineer 274 115 31,510 Engineer 444 100 44,400 CADD Technician 420 75 3 1 ,500 Clerical 60 45 2,700 TOTAL $ 126,310 * The cost of EMAS is not included. .. 2. Field Survey ~ Rate .CQs1 Three Man Crew 100 $ 110 $ 11,000 Prof. Surveyor 12 95 1,140 Technician 48 65 3,120 Direct Costs 240 Sub-Total $ 15,500 URS Handling Fee (10%) 1,550 TOTAL $17,050 3. Geotechnical Investigations Geotechnical Investigations $ 3,460 URS Handling Fee (10%) 340 TOTAL $ 3,800 4. Direct Costs (URS) A Trave I Miami to Key West 8 tickets x $400lticket $ 3,200 B. Printing, mailing and phone $ 1,600 TOTAL DIRECT COSTS $ 4,800 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Fiscal Year 2008 Rates & Charges for the Key West International Airport, to become effective October 1,2007. ITEM BACKGROUND: Newton & Associates has updated the Rates & Charges for the Key West International Airport as an integral part of the Airport budget process, as required by the Bond Resolution in connection with issuance of the Series 2006 Variable Rate Revenue Bonds. PREVIOUS RELEVANT BOCC ACTION: Approval of bond resolution authorizing issuance of Monroe County, Florida, Airport Variable Rate Revenue Bonds, series 2006, June 21,2006. CONTRACT/AGREEMENT CHANGES: New Rates & Charges STAFF RECOMMENDATION: Approval TOTAL COST: n/a BUDGETED: n/a COST TO AIRPORT: n/a SOURCE OF FUNDS: n/a COST TO PFC: nla COST TO COUNTY: n/a REVENUE PRODUCING: adjusts Key West Airport rates AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney n/a OMB/Purchasing nla Risk Management n/a DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 Newton & Associates, Inc. AVIATION INDUSTRY CONSULTANTS August 28, 2007 ~. VIA EXPRESS DELNERY A~YG~8vOLgOfJ Ms. Beverte Moore J{.vPI / /(.1 Airport Operations Key West International Airport 3491 S. Roosevelt Boulevard Key West, Florida 33040 Re: FY 2008 Airline Rates and Charges Key West International Airport Dear Ms. Moore: Enclosed is a copy of the Fiscal Year 2008 Airline Rates and Charges ("FY 2008 Rates & Charges") for the Key West International Airport ("Airport") proposed to be effective October 1, 2007. The FY 2008 Rates & Charges have been calculated based on the Airport's budget for Fiscal Year 2008 and in consideration of the covenants of the Bond Resolution adopted by Monroe County ("County") in connection with its issuance of the Series 2006 Variable Rate Revenue Bonds. The FY 2008 Rates & Charges were presented to the airlines serving the Airport on July 26, 2007. At that time, the budget FY 2008 average terminal rental rate for the existing terminal building was estimated to increase from $56.34 to $71.11 and the landing fee rate was estimated to increase from $2.25 to $2.41. These increases are primarily attributable to the expiration of security grants received by the County from the Florida Department of Transportation in Fiscal Year 2007. Subsequent to the airline meeting, we were provided with a revised Position Line Item Budget Report grouped by Business Center from the Monroe County Office of Management and Budget on August 14, 2007. The revised personal services budget reflected the addition of one position and revised salary and benefit detail for Airport employees. The enclosed FY 2008 Rates & Charges reflects these changes. As depicted in the enclosed FY 2008 Rates & Charges, the average terminal rental rate for the existing terminal building will be increased to $71.56 per square foot and the airline landing fee rate is budgeted to increase to $2.47. Please note that these rates do not include an assumption of the County receiving the Law Enforcement Office Reimbursement Grant from the TSA, which we understand could be approximately $300,000 per year. J 806 ROCKY RIVER ROAD · CHARLOTTE, NORTH CAROLINA 28213 · (704) 597-4384 . FAX (704) 597,4385 ------- --..-.----- Ms. Bevette Moore August 28, 2007 Page 2 Based on the calculation of the FY 2008 Rates and Charges, the average airline cost per enplaned passenger will increase from $5.91 in Budget Fiscal Year 2007 to $7.37 in Fiscal Year 2008, and approximately a dollar higher when operations transition to the new terminal building. We believe that this airline cost per enplaned passenger remains within industry averages for airports of similar size. As for the budget FY 2008 terminal rental rate for the new terminal building, this rate has been estimated based on terminal schematics provided by URS. However, based on information presented at the tenant meeting on July 26,2007, we understand that new terminal square footage estimates need to be revised. We have provided Bruce Harkness (Morganti) with the draft URS schematics and other information necessary to update the rates and charges for the new terminal building. Weare planning to present the revised rates and charges for the new terminal building to the airlines at a tenant meeting scheduled for September 14,2007. Please don't hesitate to call if you have any questions. We sincerely appreciate the opportunity to assist you. Sincerely, 1fVl~O.4'd0' Michael D. Hill, Jr. Senior Consultant Enclosure cc: Peter Horton - Key West International Airport Mil Reisert - URS Corporation Frank C. Newton III - Newton & Associates, Inc. KEY WEST INTERNATIONAL AIRPORT FY 2008 AIRLINE RATES & CHARGES EFFECTIVE 10/01/07 NEW FY 2008 RATES Existing KEY WEST INTERNATIONAL AIRPORT Terminal TERMINAL RENT Airlines Publicly Exposed Space $71.56 Nonpublic Office and Operations Space $71.56 Covered Areas & Storage $71.56 Concessions (All Space) Car Rental $71.56 Gift Shop $71.56 Restaurant $71.56 UTILITIES - Electric, Water, Sewer, Trash Removal (Included in the rental rate) LANDING FEE Rate per Thousand Pounds of Gross Landing Weight $2.47 EYW SECURITY CHECKPOINT REIMBURSEMENT CHARGES Per Enplaned Passenger $1.01 Cost: $277,960 Enpl. Pax: 275,000 OTHER TSA MANDATED SECURITY CHARGES Per Enplaned Passenger n/a Cost: undetermined Enpl.Pax: 275,000 RON CHARGES For each aircraft in excess of 3 parked overnight at the Passenger Terminal Ramp For aircraft with more than 13 seats $26.50 For aircraft with 13 or less seats $13.25 FUEL FLOW FEES (per Gallon Delivered) $0.06 LAND RENTAL RATES Aviation Use Property $0.77 Non-Aviation Use Property By Appraisal County Leased Property $1.38 Adam Arnold Annex/Customs Rental Rate $57.75 Newton & Associates,lnc. 8/14/07 c:\New Term 08 Rates & Charges v7.xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE A: Airport Operating & Maintenance Expenses (Page 1) - Budget Comparison I FY 07 T FY 08 1 Percent 1 Budget Budget Change PelSonal Services 510120 Administrative $304,316 $303,268 -0.3% Custodial 0 0 0.0% Maintenance 223,581 237,797 6.4% Engineering 0 0 0.0% Security 0 0 0.0% ARFF 656,265 747,167 13.9% Other 26,073 28,050 7.6% 510140 Overtime 0 0 0.0% Adjustment 0 0 0.0% Total PelSonal Services $1,210,235 $1,316,282 8.8% Contractual Sarvices (Non-5ecurlty) 530310 Professional SelVices $5.000 $5.000 0.0% 530316 Medical Services 2,475 2,475 0.0% 530340 Other Contractual SelVices 441,872 423,536 -4.1% 530410 Phone & Postage/Freight 25.018 25,018 0.0% 530440 Utility SelVices 297,800 297,800 0.0% 530440 Rentals & Leases 7,821 7,821 0.0% 530450 Insurance 38,200 38,200 0.0% 530451 Risk Management Charges 42,659 42,659 0.0% 530498 Advertising 1.000 1,000 0.0% Total Contractual Services $861.845 $843.509 -2.1% Supplies & Materials 530510 Office Supplies $7,006 $7,006 0.0% 530520 Operating Supplies 79,305 79,305 0.0% 530521 Gasoline 300 300 0.0% 530523 Diesel Fuel 500 500 0.0% 530528 Internal Fuel 1.860 3.360 80.6% 530540 Books, Pubs, Subs, Educ, Mem 8.929 8.929 0.0% Total Supplies & Materials $97,900 $99.400 1.5% General 590910 County Overhead Allocation $170,000 $190.000 11.8% 530400 Travel & Per Diem 25,847 25,847 0.0% 530409 Vehicle Maintenance Charges 13,879 13,879 0.0% 530460 Repairs and Maintenance 122.161 122,161 0.0% 530470 Printing and Binding 1,000 1,000 0.0% 530490 Miscellaneous Expenses 500 500 0.0% Total General $333,387 $353,387 6.0% Minor Capital Outlays Vehicles $20,900 $0 -100.0% Equipment (Contingency) 184.674 184.674 0.0% Subtotal Minor Capital Outlays & Contingency $205,574 $184,674 -10.2% TOTAL BASIC O&M EXPENSE $2,708.941 $2,797.252 3.3% Contractual Services - Security Security Services $1,748.980 $1.400,000 -20.0% Less FDOT Security Grants (839,490) 0 -100.0% Less TSA Security Grants 0 0 nla Total Contractual Services $909,490 $1,400,000 53.9% ADJ. TOTAL O&M AND SECURITY EXPENSE $3,618,431 $4,197,262 16.0% Number of Enplaned Passengers 291,764 275,000 -5.7% Total O&M Cost Per Enplaned Passenger $9.28 $10.17 9.6% Total Security Cost Per Enplaned Passenger $3.12 $5.09 63.3% Newton & Assoclates,lnc. 8114107 c:\New Term 08 Rates & Ch"'lles .7.xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES Worksheet - Airport Security Requirements Airport Security Cost Requirement: I Budget FY 2007 I I Budget FY 2008 I FDOT County FDOT TSA County Requirement Portion Portion Requirement Portion Portion Portion October $0 $0 November 0 0 December 0 0 Subtotal 1 st Q $437,245 $218,622 $218,622 $350,000 $0 $0 $350,000 January $0 $0 February 0 0 March 0 0 Subtotal 2nd Q $437,245 $218,622 $218,622 $350,000 $0 $0 $350,000 April $0 $0 May 0 0 June 0 0 Subtotal 3rd Q $437,245 $218,622 $218,622 $350,000 $0 $0 $350,000 July $0 $0 August 0 0 September 0 0 Subtotal 4th Q $437,245 $183,622 $253,622 $350,000 $0 $0 $350,000 Total FY $1,748,980 $839,490 $909,490 $1,400,000 $0 $0 $1,400,000 Checkpoint Security per Enplanement Charge: Budget Budget FY 2007 FY 2008 Total County Security Requirement $909,490 $1,400,000 Amount Allocated Directly to Airlines Checkpoint Security $268,820 $277,960 Airside Security 0 0 Other TSA Airline Security - Airline Portion 0 0 Total Amound Allocated Directly to Airlines $268,820 $277,960 Enplaned Passengers 291,764 275,000 Per Passenger Reimbursement $0.92 $1.01 Net Security Allocated to Cost Centers $640,670 $1,122,040 Newton & A5sooales,lnc. 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III III III 6 6 x 0 3tc( 0 ...J ijj a.. -, w (/) Z z KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE A: Airport Operating & Maintenance Expenses (Page 2) - Budget Allocations - Allocatlon- I FY08 I [ I [ General I Other 1 Budget Tennlnal Airfield Aviation Leased Personal Services Administrative $303,268 $151,634 $75,817 $30.327 $45.490 Maintenance 237,797 95,119 47,559 23,780 71,339 Engineering 0 0 0 0 0 ARFF 747,167 93,396 485,659 74,717 93,396 Other 28,050 3,927 14,586 5,610 3,927 Overtime 0 0 0 0 0 Adjustments 0 0 0 0 0 Total Personal Services $1,316,282 $344,076 $623,621 $134,433 $214,152 Contractual Services (Non..securtty) Professional Services $5,000 $3,000 $500 $750 $750 Medical Services 2,475 1,485 248 371 371 Other Contractual Services 423,536 153,818 87,462 1,710 180,546 Phone & Postage/Freight 25,018 15,011 2,502 3,753 3,753 Utility Services 297,800 172,724 29,780 8,934 86,362 Rentals & Leases 7,821 4,693 782 1,173 1,173 Insurance 38,200 22,920 3,820 0 11,460 Risk Management Charges 42,659 29,861 0 0 12,798 Advertising 1,000 600 100 150 150 Total Contractual Services $843.509 $404.112 $125.193 $16,841 $297.363 Supplies & Materials Office Supplies $7,006 $4,204 $701 $1,051 $1,051 Operating Supplies 79,305 47,583 7,931 11.896 11,896 Gasoline 300 180 30 45 45 Diesel Fuel 500 300 50 75 75 Internal Fuel 3,360 2,016 336 504 504 Books, Pubs, Subs, Educ, Mem 8,929 5,357 893 1,339 1,339 Total Supplies & Materials $99,400 $59,640 $9,940 $14,910 $14,910 General County Overtlead Allocation $190,000 $47,500 $47,500 $47,500 $47,500 Travel & Per Diem 25,847 6,462 6,462 6,462 6.462 Vehicle Maintenance Charges 13,879 3,470 3.470 3,470 3,470 Repairs and Maintenance 122,161 30,540 30,540 30,540 30,540 Printing and Binding 1,000 250 250 250 250 Miscellaneous Expenses 500 125 125 125 125 Total General $353,387 $88,347 $88,347 $88,347 $88,347 Minor Capital OutlaysJContingency $184,674 $46,169 $46,169 $46,169 $46,169 SUBTOTAL BASIC O&M $2,797,252 $942.343 $893,270 $300.700 $660,941 Contractual Services - Security Secu Iity Services $1.400,000 $1.050.000 $140.000 $70,000 $140,000 Less Operating Security Grants 0 0 0 0 0 Total Contractual Services $1,400,000 $1,050,000 $140,000 $70,000 $140,000 TOTAL O&M AND SECURITY EXPENSE $4,197,252 $1,992,343 $1,033,270 $370,700 $800,941 Checkpoint Security Direct Bill ($277.960) ($277.960) $0 $0 $0 O&M AND SECURITY EXPENSE-ALLOCATEl $3,919,293 $1,714,383 $1,033,270 $370,700 $800,941 Allocated Share of Total Expense 100.0% 44% 26% 9% 20% Newlon. AaocilltU,lnc. 6114107 c:\New Tenn 08 Rates & Charges v7..I. KEY WEST AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE A: Airport Operating & Maintenance Expenses (Page 3) - Budget Allocation Percentages . - - - Cost Center Allocation - . - - I ' I I General lather I Total I Tennlnal Airfield Aviation Leased Personal Services Administrative 50% 25% 10% 15% 100% Maintenance 40% 20% 10% 30% 100% Engineering 80% 10% 5% 5% 100% ARFF 12.5% 65% 10% 12.5% 100% Other 14% 52% 20% 14% 100% Overtime 27% 43% 13% 17% 100% Adjustment 25% 25% 25% 25% 100% Weighted Average 26% 47% 10% 16% 100% Contractual Services Professional SelVices 60% 10% 15% 15% 100% Medical Services 60% 10% 15% 15% 100% Other Contractual Services 36% 21% 0% 43% 100% Phone & Postage/Freight 60% 10% 15% 15% 100% Utility Services 58% 10% 3% 29% 100% Rentals & Leases 60% 10% 15% 15% 100% Insurance 60% 10% 0% 30% 100% Risk Management Charges 70% 0% 0% 30% 100% Advertising 60% 10% 15% 15% 100% Weighted Average 48% 15% 2% 35% 100% Supplies & Materials Office Supplies 60% 10% 15% 15% 100% Operating Supplies 60% 10% 15% 15% 100% Gasoline 60% 10% 15% 15% 100% Diesel Fuel 60% 10% 15% 15% 100% Internal Fuel 60% 10% 15% 15% 100% Books, PUbs, Subs, Educ, Mem 60% 10% 15% 15% 100% Weighted Average 60% 10% 15% 15% 100% General County Overhead Allocation 25% 25% 25% 25% 100% Travel & Per Diem 25% 25% 25% 25% 100% Vehicle Maintenance Charges 25% 25% 25% 25% 100% Repairs and Maintenance 25% 25% 25% 25% 100% Printing and Binding 25% 25% 25% 25% 100% Miscellaneous Expenses 25% 25% 25% 25% 100% Weighted Average 25% 25% 25% 25% 100% Minor Capital Outlays/Contingency 25% 25% 25% 25% 100% Basic O&M Weighted Average 34% 32% 11% 24% 100% Contractual Services - Security Security SelVices 75% 10% 5% 10% 100% Less Operating Security Grants 75% 10% 5% 10% 100% Total Contractual Services 75% 10% 5% 10% 100% TOTAL O&M AND SECURITY EXPENl 47% 25% 9% 19% 100% Less:Checkpoint Security Direct BI/I 100% 0% 0% 0% 100% Total O&M Weighted Average 44% 26% 9% 20% 100% Newton & Associates.lnc. 8/14107 c:\New Term 08 Rates & Charges v7.x1s KEY WEST INTERNA-nONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE A: Airport Operating & Maintenance Expenses (Page 4) - FY 08 Payroll by Function ----- Cost Center Allocation ------ Salaries, Taxes General Other Department / Position FTE and Benefits Terminal Airfield Aviation Leased Administration: Director of Airports 1.00 $128,319 $64,160 $32,080 $12,832 $19,248 Sr Administrator Airport Business 0.85 75,416 37,708 18,854 7,542 11,312 Administrative Assistant 0.50 37,080 18,540 9,270 3,708 5,562 Sr. Coord. Airport Grants/Finance 1.00 62,453 31,227 15,613 6,245 9,368 Projects Developoment Coord. 0.00 0 0 0 0 0 Subtotal 3.35 $303,268 $151,634 $75,817 $30,327 $45,490 Maintenance: Superintendent - Maintenance 1.00 $70,965 $28,386 $14,193 $7,097 $21,290 Sr. Technician - Maintenance 1.00 65,166 26,066 13,033 6,517 19,550 Maint. Worker - Facilities Maint. 1.00 47,033 18,813 9,407 4,703 14,110 Painter 1.00 54,633 21,853 10,927 5,463 16,390 Subtotal 4.00 $237,797 $95,119 $47,559 $23,780 $71,339 Engineering: Director Facilities Development 0.00 $0 $0 $0 $0 $0 Project Architect 0.00 0 0 0 0 0 Airport Project Develop Coord. 0.00 0 0 0 0 0 Subtotal 0.00 $0 $0 $0 $0 $0 ARFF: Firefighters - Chief Airport Rescue 1.00 $96,320 $12,040 $62,608 $9,632 $12,040 Shift Captain - ARFF 1.00 93,205 11 ,651 60,583 9,321 11,651 Shift Captain - ARFF 1.00 75,823 9,478 49,285 7,582 9,478 Shift Captain - ARFF 1.00 88,353 11 ,044 57,429 8,835 11 ,044 Airport Rescue Fire Fighter 1.00 67,694 8,462 44,001 6,769 8,462 Airport Rescue Fire Fighter 1.00 60,052 7,507 39,034 6,005 7,507 Airport Rescue Fire Fighter 1.00 75,823 9,478 49,285 7,582 9,478 Airport Rescue Fire Fighter 1.00 67,358 8,420 43,783 6,736 8,420 Airport Rescue Fire Fighter 1.00 62,487 7,811 40,617 6,249 7,811 Airport Rescue Fire Fighter 1.00 60,052 7,507 39,034 6,005 7,507 Subtotal 10.00 $747,167 $93,396 $485,659 $74,717 $93,396 Other Assistant County Attorney 0.25 $28,050 $3,927 $14,586 $5,610 $3,927 Total Employees 17.60 $1,316,282 $344,076 $623.621 $134,433 $214,152 Newton & Associates.lnc. 8/14/07 c:\New Term 08 Rates & Charges v7.xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE A: Airport Operating & Maintenance Expenses (Page 5) - Payroll Allocation Percentages ----- Cost Center Allocation ----- General Other Department I Position Terminal Airfield Aviation Leased Total Administration: Director of Airports 50% 25% 10% 15% 100% Sr Administrator Airport Business 50% 25% 10% 15% 100% Administrative Assistant 50% 25% 10% 15% 100% Sr. Coord. Airport Grants/Finance 50% 25% 10% 15% 100% Projects Developoment Coord. 50% 25% 10% 15% 100% Maintenance: Superintendent - Maintenance 40% 20% 10% 30% 100% Sr. Technician - Maintenance 40% 20% 10% 30% 100% Maint. Worker - Facilities Maint. 40% 20% 10% 30% 100% Painter 40% 20% 10% 30% 100% Engineering: Director Facilities Development 0% 0% 0% 0% 0% Project Architect 0% 0% 0% 0% 0% Airport Project Develop Coord. 0% 0% 0% 0% 0% ARFF: Firefighters - Chief Airport Rescue 13% 65% 10% 13% 100% Shift Captain - ARFF 13% 65% 10% 13% 100% Shift Captain - ARFF 13% 65% 10% 13% 100% Shift Captain - ARFF 13% 65% 10% 13% 100% Airport Rescue Fire Fighter 13% 65% 10% 13% 100% Airport Rescue Fire Fighter 13% 65% 10% 13% 100% Airport Rescue Fire Fighter 13% 65% 10% 13% 100% Airport Rescue Fire Fighter 13% 65% 10% 13% 100% Airport Rescue Fire Fighter 13% 65% 10% 13% 100% Airport Rescue Fire Fighter 13% 65% 10% 13% 100% Other Assistant County Attorney 14% 52% 20% 14% 100% Newton & Associates,lnc. 8/14107 c:\New Term 08 Rates & Charges v7.xls 0000000 0 000 0 0 ~~ "tII ~ ~ ~ ~ ~ ~ -- )( ... CD ~ ,.... CDCI) ,::> ~ ell W W o CD ~ I ~ ~ I m I ~ ; U I 0000000 0 000 0 0 ~ C"iC ~ ~ ~ ~ ~ ~ o ... 0 W -CD~ · ~C~ ~ UCD> W ~~~ 0 ~ 0000000 0 000 0 0 ~ CD "tII ~ ~ ~ ~ ~ ~ l- e a; ~ CD If: ~ o ._ -:-: ';j ~ 0 rnw 8 0000000 0 000 0 0 I ~ ~ ~ ~ ~~ C) I- I ell L- I C r- a::: 1._ 0::: <( E o .,.. CD a....... I- o:::U _ -.Ill _ 0000000 0 000 0 0 <( WIg I C tI} ~ ~ ~ ~ tI} ~ft l::::l ..J w ::k 0 <( w ~ E t- @ ~ ~ ~ 1 f 101010101010 C") 1010 - .- > <(t- W 15"t11 0000000 0 000 0 Z E CD ~ ~ ~ ~ ~ Z - ~ It) 0::: ..J 5i w a::: Q. ClO t-<( Jj ~ Z co -11 0000000 0 000 u. _ CDc ~ ~ tI} ~ C o ZelI - t-o _... 01 rnN ~~ ClO C w> 00 ~ .5 3: LL 0000000 0 000 u. lir . 11 ~ ~ ~ ~ - .Q W> L- gJ = C i "tII r- It) CD ell It) CD ~ LL ell ~o 5i .~ ~ ~ Q. 1:: U >C 0 ~ 0000000 0 000 w E C a. ~ ~ ~ ~ : ~ ~ s~ ~ CD 11 0 0 .- .Q U 1-0 Z 0 CD - ._ C/J II) e CD CD a. C/J C/J ell ell _ Cl ~ ..r::: :l I:: Ul U U 'Q. I:: 5 ~ ~ ell Q) .- II) a. a. o .. ..r::: I:: 1U Q) . 11 c, Q) .Q > !! ~ Q) ~ ~ ~ ~ .. ul:: UlO ,,, - - - In Q) Q) ~ "t:l.~ I:: I:: ~ Q) 13 Q) 11 11 i w '5"~(.)~~~Q) ~ E:.cE u u .! ~ ... (J'J ::l 0:: )( 0:: ::::l ...9-.. Q).9- .S!,.!, g :J a.>.~Ul~WCl a.-gs--g>s- e e :I c "i~~Ul_I::~ "iUlw~tw a. a. c w ...,>~Q) o"t:l ...,1:: to Ii5 :x: 'ago::gffi~'3s 'aQ)l!!oe-l!!iii iii ell a u ~~~~~~ooo ~i-E~-- - - i UJ 0 I- owu.~ u.~ ~ ~ ~ KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE C: Calculation of Landing Fee Budget Budget FY07 FY08 AIRFIELD O&M EXPENSE: Personal Services $560,925 $623,621 Contractual Services 121,942 125,193 Supplies & Materials 9,790 9,940 General 83,347 88,347 Minor Capital Outlays 51,394 46,169 Subtotal Airfield - Basic O&M Component 827,397 893,270 Security Component 90,949 140,000 Total Airfield O&M Expense $918,346 $1,033,270 AIRFIELD CAPITAL EXPENSE: Airfield Amortization $0 $0 Airfield Capital Expense 0 0 Total Airfield Capital Expense $0 $0 TOTAL AIRFIELD REQUIREMENT: $918,346 $1,033,270 less: Estimated General Aviation Revenue 140,076 150,000 Net Airfield Requirement $778,270 $883,270 LANDING FEE CALCULATION: Estimated Passenger Airline landed Weight (000 lb. Units 338,580 350,000 Estimated Cargo Airline Landed Weight (000 lb. Units) 8,046 7,500 Estimated Total Airline Landed Weight (000 lb. Units) 346,626 357,500 Airline landing Fee Rate $2.2453 $2.4707 (Net Airfield Requirement I Airline Landed Weightl Newton 41 Associates,lnc. 8/14/07 c:\New Term 08 Rates & Charges v7.xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDLlLE D-1: Calculation of Tenninal Rental Rates Existing Tenninal Building New Tenninal Building % Total % Productive Total SUMMARY TERMINAL SPACE: Rentable Sq.Ft. Rentable Sq. Ft. Sq.Ft Airline Space 51% 12.337 54% 38,061 38,061 Concession and Other Rentable Space 27% 6,444 15% 10,642 10,642 Public Space 12% 2,927 19% 13,643 13,643 Administrative, Support and TSA Space 9% 2,250 12% 0 8,665 Total Terminal Space 100% 23,958 100% 62,346 71,011 Budget I Budget I Budget I FY07 FY08 FY08 TERMINAL O&M EXPENSE: Personal Services $327,274 $344,076 $344,076 Contractual Services-Non Security 415,699 404,112 404,112 Supplies & Materials 58,740 59,640 59,640 General 83,347 88,347 88,347 Contingency 51,394 46,169 46,169 Terminal Project - Additional O&M Costs 0 0 436,047 Subtotal Terminal Basic O&M Exp $936,453 $942,343 $1,378,390 Contractual Services-Security $682,117 $1,050,000 $1,050,000 Less: Direct Billed Security Charge (268,820) (277,960) (277,960) Subtotal Security Component $413,297 $772,040 $772,040 Net Tenninal O&M Requirement $1,349,751 $1,714,383 $2,150,430 TERMINAL CAPITAL EXPENSE: Debt Service (Bonds/Notes) $0 $0 $0 Amortization 0 0 0 Depreciation 0 0 0 Total Tenninal Capital Requirement $0 $0 $0 TERMINAL REQUIREMENT: $1,349,751 $1,714,383 $2,150,430 TERMINAL RENT CALCULATION: Terminal Basic O&M Requirement $936,453 $942,343 $1,378,390 Total Terminal Space (Sq. Ft.) 23,958 23,958 71,011 Terminal Rental Rate - Basic O&M Component $39.09 $39.33 $19.41 Security Component - Terminal Requirement 413,297 772,040 772,040 Total Terminal Space (Sq. Ft.) 23,958 23,958 71,011 Tenninal Rental Rate. Security Component $17.25 $32.23 $10.87 Average Tenninal Rental Rate PSF $56.34 $71.56 $30.28 (Terminal Requi",menl!Tola' Terminal Space) AIRLINE SPACE RENTAL Airline Space (Sq. Ft.) 12,337 12,337 38,061 Airline Reqt (Avg Term Rent Rt x Airline SF) $695,050 $882,817 $1,152.618 Newton & Associates, Inc. 8114107 c:\New Tenn 08 Rates & Charges v7.xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE 0-2: SDace Reconciliation Summarv - Existina Terminal Available Space: I Ticketing Other Passenger Covered I Office Rentable Holdroom Bag Claim Area All Other Total Passenger Terminal Building: First Level 2,276 2,023 4,323 1.890 1,524 3,112 4,420 19,568 Second Level 0 0 2,234 0 0 0 2,156 4,390 Total Space 2,276 2,023 6,557 1,890 1,524 3,112 6,576 23,958 Space Breakdown by Use: I American Continental Delta US Common Total I Eagle Connection Connection Airways Use Airline Space: Ticket Counter 886 667 464 464 0 2,481 Office Space 532 482 455 509 0 1.978 Covered Space 196 868 558 1,209 0 2,831 Covered Space-CUA 0 0 0 0 325 325 Passenger Holdroom 0 0 0 0 3,226 3,226 Baggage Claim 0 0 0 0 1 ,496 1,496 Airline Totals 1,614 2,017 1,477 2,182 5,047 12,337 Concessions and Other Rentable Space: Car Rental 964 Gift Shop 361 Restaurant 2,998 Second Floor Rentable Space 2,121 6,444 Public Space 2,927 Support Space: Airport Offices 1,898 Other 352 2,250 Total Terminal Building Space 23,958 Newton & Associates,lnc. 8/14/07 c:\New Tenn 08 Rates & Charges v7.)(ls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE 0-3: Space Reconciliation Summarv . New Terminal Available Space: I Ticketing Ramp Airline Passenger Bag Claim & Other Total I Office Ops Security Holdroom Bag Make-Up Rentable All Other Passenger Terminal Building: First Level 0 0 864 0 7,831 8,893 4,233 6,465 28,286 Second Level 3.981 2,423 0 12,934 0 0 6,409 16,978 42,725 Total Space 3,981 2,423 864 12,934 7,831 8,893 10,642 23,443 71,011 Space Breakdown by Use: I American Continental Delta US Cape Avallable/ Common Total I Eagle Connection Connection Airways Air Unidentified Use Airline Space: First Floor: Ramp Operations 164 224 162 151 93 70 0 864 Baggage Make-Up 0 0 0 0 0 0 7.334 7,334 Passenger Holdroom 0 0 0 0 0 0 7,831 7,831 Baggage Claim 0 0 0 0 0 0 1,559 1,559 Subtotal First Floor 164 224 162 151 93 70 16,724 17.588 Second Floor: Airline Ticket Office 459 515 458 531 460 0 0 2,423 TIcket Counter & Queuing 937 1.027 685 1,027 305 0 0 3,981 Ramp Operations 0 0 0 0 0 0 1,135 1,135 Post TSA Conveyor Area 0 0 0 0 0 0 1,842 1,842 Passenger Screening Area 0 0 0 0 0 0 7.526 7,526 In-line EDS/Bag Screen 0 0 0 0 0 0 3,566 3,566 Subtotal Second Floor 1,396 1,542 1,143 1,558 765 0 14,069 20.473 Airline Totals 1,560 1,766 1,305 1.709 858 70 30,793 38.061 Concessions and Other Rentable Space: First Floor (Rental Cars & Restaurant) 4,233 Second Floor (Food, Beverage & Retail) 6,409 Subtotal Concessions and Other Rentable Space 10,642 Public Space First Floor 5,171 Second Floor 8,472 Subtotal Public Space 13,643 Leased to TSA TSA Offices - Second Floor 1,455 Administrative and Support Space: Support Space - First Floor 1,294 Support Space - Second Floor 4,018 Airport Administrative Space - Second Floor 1,898 Subtotal Support Space 7,210 Total Terminal Building Space 71,011 Newton & Associates.lnc. 8/14107 c:\New Tenn 08 Rates & Cherges v7,xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE D-4: Calculation of Airline Tenninal Rental Amounts - Existina Tenninal Airline Space: Ticket Office Covered Passenger Bag Total Space Classification Counter Space Area Holdroom Claim Space Rental Rates $71.56 $71.56 $71.56 $71.56 $71.56 Airline Tenninal Building: American Eagle 886 532 196 0 0 1,614 Continental Connection 667 482 868 0 0 2,017 Delta Connection 464 455 558 0 0 1,477 USAirways Express 464 509 1,209 0 0 2,182 Subtotal 2,481 1,978 2,831 0 0 7,290 Non-Exclusive Space: Passenger Holdroom 0 0 0 3,226 3,226 Baggage Claim Area 0 0 325 0 1 ,496 1,821 Total Airline Space 2,481 1,978 3,156 3,226 1,496 12,337 Rental Amount: I American Continental Delta USAirways Common Total 1 Eagle Connection Connection Express Use Amount Airline Space Ticket Counter $63,401 $47,729 $33,203 $33,203 0 $177,537 Office Space 38,069 34,491 32,559 36,423 0 141,543 Covered Space 14,025 62,113 39,930 86,514 0 202,582 Annual Rental $115,495 $144,333 $105,692 $156,141 $0 $521,661 Common Use Space 0 0 0 0 361,155 361,155 Total Annual Rental $115,495 $144,333 $105,692 $156,141 $361,155 $882,817 Est. Monthly Rental $9,625 $12,028 $8,808 $13,012 $30,096 $73,568 Newton & Associates.lnc. 8/14/07 c:\New Term 08 Rates & Charges v7.xls KEY WEST INTERNATIONAL AIRPORT DRAFT - FY 2008 AIRLINE RATES & CHARGES SCHEDULE 0-6: Calculation of Airline Terminal Rental Amounts. New Terminal Airline Space: I Ticket Office Ramp Passenger Bag Bag EDS Screen! Passenger Total I Space Classification Counter Space Ops Holdroom Claim Make-Up Conveyor Screening Space Rental Rates $30.28 $30.28 $30.28 $30.28 $30.28 $30.28 $30.28 $30.28 Airline Terminal Building: American Eagle 937 459 164 0 0 0 0 0 1,560 Continental Connection 1,027 515 224 0 0 0 0 0 1,766 Delta Connection 685 458 162 0 0 0 0 0 1,305 US Airways Express 1,027 531 151 0 0 0 0 0 1,709 Cape Air 305 460 93 0 0 0 0 0 858 Available 0 0 70 0 0 0 0 0 70 Subtotal 3,981 2,423 864 0 0 0 0 0 7,268 Non-Exclusive Space: Ramp Operations 0 0 1,135 0 0 0 0 0 1,135 Passenger Holdroom 0 0 0 7,831 0 0 0 0 7,831 Baggage Claim Area 0 0 0 0 1,559 0 0 0 1,559 Baggage Make-Up Area 0 0 0 0 0 7,334 0 0 7,334 EDS Screen/Conveyor Area 0 0 0 0 0 0 5,408 0 5,408 Passenger Screen Area 0 0 0 0 0 0 0 7,526 7,526 Subtotal 0 0 1,135 7,831 1,559 7,334 5,408 7,526 30,793 Total Airline Space 3,981 2,423 1,999 7,831 1,559 7,334 5,408 7,526 38,061 Rental Amount: I American Continental Delta USAirways Cape Common Total I Eagle Connection Connection Express Air Available Use Amount Airline Space Ticket Counter $28,375 $31,101 $20,744 $31,101 $9,236 $0 0 $120,557 Office Space 13,900 15,596 13,870 16,080 13,930 0 0 73,376 Ramp Operations 4,966 6,783 4,906 4,573 2,816 2,120 0 26,165 Annual Rental $47,242 $53,480 $39,519 $51,754 $25,983 $2,120 $0 $220,097 Common Use Space 0 0 0 0 0 0 932,521 932,521 Total Annual Rental $47,242 $53,480 $39,519 $51,754 $25,983 $2,120 $932,521 $1,152,618 Est Monthly Rental $3,937 $4,457 $3,293 $4,313 $2,165 $177 $77,710 $96,052 Newton & Associates,lnc. 8/14/07 c:\New Term 08 Rates & Charges v7.xls BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19.2007 Division: Employee Services Bulk Item: Yes -.X.-. No - Department: Employee Services/RiskManagement Staff Contact PersonlPhone#:Maria L. Slavik X3178 AGENDA ITEM WORDING: Approval to accept renewal with Interisk Corporation to provide Risk Management, Employee Benefits and Workers Compensation consulting services. ITEM BACKGROUND: Interisk Corporation is the County's "insurance" consultant, who assist in the preparation ofRFP's for all insurance policies and Third Party Administrators contractors for Worker's Compensation, Employee Benefits, and Property/Liability/Risk Management Programs. PREVIOUS REVELANT BOCC ACTION: On September 24,2004, the County entered into the existing consulting agreement which became effective October 1, 2004. The original agreement with this vendor began in 1998. CONTRACT/AGREEMENT CHANGES: Renewal dates of October 1, 2007 - September 30, 2008. This is the third renewal of the contract. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $120.00Ihour BUDGETED: Yes -X- No - COST TO COUNTY: $120.00Ihour SOURCE OF FUNDS: AD V ALORUM REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year o~rChaSing _ - APPROVED BY: County Atty _ Risk Management ~ DOCUMENTATION: Included ~ To Follow Not Required _ DISPOSITION: AGENDA ITEM # Revised 2/27/01 . , MONROE COUNTY BOARD OF COUNTY CO:MMISSIONERS CONTRACT SUMMARY Contract # Contract with: Interisk Corporation Effective Date: Upon Execution Expiration Date:One Year Contract Purpose/Description:Risk Management. Employee Benefits.. and Workers Compensation Consulting Services. including Insurance/Self-Insurance Programs. Contract Manager:Maria Slavik 3178 Risk Management (Name) (Ext.) (Department) for BOCC meeting on Seotember 19 2007 Agenda Deadline: Sentember 4 2007 CONTRACT COSTS Total Dollar Value of Contract: $1201hour Current Year Portion: $2.000 Budgeted? Yesf2J NoD Account Codes: 501-07501-530-310-_ Grant: $_ 502-08001-530-310-_ County Match: $_ 503-08501-530-310-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: - (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVlEW Changes Date Out Date In Needed ~~ L;ij-07 DIvision Director [ 2.'-/07 YesO NoGr cJ-2, . Risk Mana~en~ 7-d-{-o7 YesO NoQ yl) - .9t . 7'J. '-{-oJ (JJU ~ ~ ",J&7/o7 O.M.B./Purc I mg T..U,-D, YesD NoES - 2:>~ County Attorney ~ I/O? YesO No~ ~r-- vtZu..;J ~) Comments: - OMB Form Revised 9/11/95 MCP #2 EXTENSION OF INSURANCE CONSULTING AGREEMENT This renewal agreement is made on this _ day of October ,2007, by and between Monroe County, a political subdivision of the State of Florida, the County, and Interisk Corporation, the Consultant Whereas, on September 21,2005, the parties entered into an agreement whereby the Consultant was to provide various insurance related consulting services; and Whereas, the agreement had an initial one-year term with a provision for three additional one year extensions; and Whereas, the parties desire to extend the agreement for another one-year term; NOW, TIIEREFORE, in consideration of the mutual covenants contained in this extension, the parties agree: 1) The parties' September 21,2004 consulting agreement, a copy of which is attached and incorporated into this extension as Exhibit A, is hereby extended for another one-year term commencing September 30, 2007. 2) In all other respects, the parties' September 21,2004, consulting agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year last written below. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: WITNESS: INTERISK CORPORA nON By: President Date: MONROE COUNTY ATTO. ROVED AS TO F O,Yv~y ~o~~~E (~' r--.-- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 (305) 294-4641 Glenn Patton, District 5 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 - ,Fax TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: July 24, 2007 SUBJ: Extension of contract - Interisk consulting This item requests approval of an extension to the existing contract between the County and Interisk Corporation. The extension is to the existing Contract which covers the period of October 1, 2006 through September 30, 2008. This contract was originally approved by the BOCC in September, 2004. This is the third and final renewal of the contract. lnterisk provides consulting services on an as needed basis in the procedures and preparation of insurance specifications and coverages for property, casualty, employee benefits and workers compensation. The original agreement with this vendor began in 1998. It is the recommendation to approve the renewal and continue to do business with lnterisk Corporation for the remainder of the term. I CONTRACT 2 THIS CONTRACT, entered this ~y of ~2004, by and Between the 3 4 Board of County Commissioners of Monroe County (COUNTY). Florida, and Interisk Corporation 5 (CONTRACTOR). 6 7 WHEREAS, County has a fiscal responsibility to limit risk or liability to the County; and 8 9 WHEREAS, the County provides certain insurance benefits to employees; and 10 II WHEREAS, it has been determined that it is in the best interest of the County to contract with a 12 consultant to assist with such services, NOW THEREFORE 13 14 IN CONSIDERA TION OF the mutual promises contained herein, the parties agree as follows: 15 16 I. TERM OF AGREEMENT: 17 This agreement shall be for a twelve (12) month period beginning, If) / I ~ 2004 and 18 19 ending at 12:00 midnight on !1.lg 0 .2005. The term of this agreement shall be renewable 20 in accordance with Section IV. 21 22 II. PAYMENT: 23 24 The total compensation to be paid to the Contractor in consideration of its services under this 25 Agreement shall be $ J 11) <1 o--d per hour. The County shall pay the Contractor on a per 26 month in arrears basis. Billing shall be directed to the appropriate sections marked Risk 27 Management, Workers' Compensation or Group Insurance. The Contractor shall provide a monthly 28 invoice on or about the 1 st day of each month to the Division of Management Services, and payment 29 shall be made on or about the 1st day of the following month, after receipt of a proper invoice by 30 the County Finance Department, in compliance with the Florida Prompt Payment Act. In the event 31 that funds are partially reduced or cannot be obtained or continued at a level sufficient to allow for 32 the pw-chase of the services contemplated, then the contract may be terminated immediately at the 33 option of the County upon written notice of termination being delivered in person or by mail to the 34 Contractor. The County will not be obligated to pay for any services provided by the Contractor 35 after the Contractor has received written notice of immediate termination. 36 37 III. SCOPE OF SERVICES: 38 39 The Contractor shall provide consulting services on an as needed basis, which shall include 40 but not be limited to: 41 42 a. Review Risk ManagementlEmployee Benefits (Group Insurance and Workers 43 Compensation) procedures. 44 45 b. Review Pricing of insurance and other outside services. 1 1 2 c. Prepare insurance specifications for property, casualty, and employee benefits and 3 Workers' Compensation insurance coverages 4 S d. Review coverages under present insurance contracts and make recommendation for 6 coverage improvements. 7 8 e. Communicate with agents and brokers dwing the bidding process. 9 10 f. Analyze insurance proposals, II 12 g. Review present method of ftmclin8 insured and non-insured risks, 13 14 h. Analyze and evaluate Monroe County's performance with respect to its self-insured IS programs. 16 17 i. Assist in the development of insurance and other sections of vendor contracts to ensure the 18 interests of Monroe County are adequately protected. 19 20 j. Analyze and evaluate Monroe County's Risk Management and Employee Benefit 21 programs and make recommendations based on their performance and current industry 22 practices. 23 24 Ie. Perform other Risk Management and Employee Benefits matters as directed by the 2S County. 26 . 27 IV. RENEWAL: 28 29 The County shall have the option to renew this agreement after the first year, for three (3) additional 30 one-year periods. The contract amount ~ to herein may be adjusted aunually in accordance 31 with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for 32 the most recent 12 months available. 33 34 V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable 3S fees for any permits and licenses necessary to provide services under this agreement. By signature 36 hereon, the Contractor warrants that it is authorized by law to engage in the performance of the 37 activities herein described, subject to the terms and COnditiODS set forth in these contract documents. 38 Proof of such licenses and approvals sba11 be submitted to the County upon request The Contractor 39 has, and sha1I maintain throughout the term of this contract, appropriate licenses and approvals 40 required to conduct its business, and that it will at all times conduct its business activities in a 41 reputable manner. 42 43 VI. INDEPENDENT CONlRACTOR 44 2 I At all times and for all purposes, the Contractor, its agents and employees are strictly considered to 2 be independent contractors in their performance of the work contemplated hereunder. As such, the 3 Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges 4 of County employees. The provider shall at all times exercise independent, professional judgment 5 and shall assume professional responsibility for the services to be provided. 6 7 VII. STAFFING 8 9 Since this contract is a service agreement, staffing is of paramount importance, Contractor shall 10 provide at its own expense all necessary personnel to provide the services under this contract. The II personnel shall not be employees of or have any contractual relationship with the County. All 12 personnel engaged in performing services under this contract sbaII be fully qualified, and, if 13 required, to be authorized or pennitted under State and local law to perfonn such services. 14 IS VITI. HOLD HARMLESS/INSURANCE REQUIREMENTS: 16 17 The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of 18 County Commissioners and the County Court of Monroe County from any and all claims for bodily 19 injury (including death), personal injury, and property damage (including property owned by 20 Monroe County) and any other losses, damages, and expenses (including attorney's fees) which 21 arise out of, in connection with, or by reason of services provided by the Contractor or any of its 22 Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission 23 of the Contractor or its Subcontractors in any tier, their employees, or agents. 24 25 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements 26 contained wiflili? this agreement. 27 28 Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance 29 indicating the minimum coverage limitations as indicated below, each attached hereto and 30 incorporated as part of this contract document, and all other requirements found to be in the best 31 interest of Monroe County as may be imposed by the Monroe County Risk Management 32 Department. The Contractor sbaII obtain and throughout the entirety of the agreement maintain the 33 following insurance: 34 35 A. Workers' Compensation Insurance Requirements - Prior to the commencement of work 36 governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with 37 limits sufficient to respond to Florida Statute 440. 38 In addition, the Contractor shall obtain Employers Liability Insurance with limits of not less 39 than: 40 $100,000 Bodily Injury by accident 41 $500,000 Bodily itUury by Disease, policy limits 42 $100.000 Bodily Injury by Disease, each employee 43 44 Coverage shall be maintained throughout the entire tenn of the contract. 4S 3 1 2 Coverage shall be provided by a company or companies authorized to transact business in the 3 State of Florida. 4 5 If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- 6 insurer, the County shall recognize and honor the Contractor's status. The Contractor may be 7 required to submit a Letter of Authorization issued by the Department of Labor and a Certificate 8 ofInsurance, providing details on the Contractor's Excess Insurance Program. 9 10 If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. 11 In addition, the Contractor may be require to submit updated financial statements from the fund 12 upon request from the County. 13 14 B. Vehicle Liability Insurance Requirements - Recognizing that the work governed by this 15 contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall 16 obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the 17 contract and include, as a minimum, liability coverage for: 18 Owned, Non-Owned, and Hired Vehicles 19 20 The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) 21 22 If split limits are provided, the minimum limits acceptable shall be: 23 24 $ 50,000 per Person 25 $100,000 per occurrence 26 $ 25,000 Property Damage 27 , 28 The Monroe County Board of County Commissioners shall be named as Additional insured on 29 all policies issued to satisfy the above requirements. 30 31 C. Professional Liability Insurance Requirements - Recognizing that the work governed by this 32 contract involves the furnishing of advise or services of a professional nature, the Contractor 33 shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance 34 which will respond to damages resulting from any claim arising out of the perfonnance of 35 professional services or any error or omission of the Contractor arising out of work governed by 36 this contract. 37 38 The minimum limits of liability shall be: $250,000 per Occurrencel$500,000 Aggregate 39 40 D. General Liability Insurance Requirements - Prior to the commencement of work governed by 41 this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be 42 maintained throughout the life of the contract and include, as a minimum: 43 44 . Premises Operations 45 . Products and Completed Operations 4 1 . Blanket Contractual Liability 2 . Personal Injury Liability 3 . Expanded Defmition of Property Damage 4 5 The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) 6 7 If split limits are provided, the minimum limits acceptable shall be: 8 9 $100,000 per Person 10 $300,000 per Occurrence 11 $ 50,000 Property Damage 12 13 An Occurrence Fonn policY is preferred. If coverage is provided on a Claims Made policy, its 14 provisions should include coverage for claims filed on or after the effective date of this contract. 15 In addition, the period for which claims may be reported should extend for a minimum of twelve 16 (12) months following the acceptance of work by the County. 17 18 The Monroe County Board of County Commissioners shall be named as Additional Insured on 19 all policies issued to satisfy the above requirements. 20 21 IX. NON-DISCRIMINATION: 22 23 County and Contractor agree that there will be no discrimination against any person, and it is 24 expressly understood that upon a detennination by a court of competent jurisdiction that 25 discrimination has occurred, this Agreement automatically terminates without any further action on 26 the part of any party, effective the date of the court order. County or Contractor agree to comply 27 with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to 28 nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 29 (pL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX 30 of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which 31 prohibit discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as 32 amended (20 USC s. 794) which prohibits discrimination on the basis of handicaps; 4) The Age 33 Discrimination Act of 1975, as amended (42 USC ss. 6101 - 6107) which prohibits discrimination 34 on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as . 35 amended, relating to nondiscrimination on the basis of drug abuse: 6) The Comprehensive Alcohol 36 Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616), as 37 amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public 38 Health Service Act of 1912 ss, 523 and 527 (42 USC 58. 69Odd-3 and 290ee-3), as amended, 39 relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights 40 Act of 1968 (42 USC 8. et seq.) as amended, relating to nondiscrimination in the sale, rental or 41 financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as 42 may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) 43 Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, 44 religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, 5 1 familial status or age; and 11) any other nondiscrimination provisions in any Federal or state 2 statutes which may apply to the parties to, or the subject matter of this Agreement. 3 4 X. INSPECTION OF BOOKS AND F ACILITIES/ AUDIT/ACCOUNTING: 5 6 The Contractor shall maintain the financial records in accordance with generally accepted 7 accounting principles, and allow the County to inspect its books and records at any reasonable time. 8 Contractor shall retain all records pertaining to this agreement for a period of four years after term 9 expires. 10 11 XI. PUBLIC RECORDS 12 13 The Contractor shall comply with the Public Records laws of the State of Florida, subject to any 14 provisions providing exemption from disclosure. 15 16 XII. BREACH OF TERMS BY CONTRACTOR 17 18 The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by 19 the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of 20 this Contract, and specifications covering the services. County may immediately terminate the 21 Agreement due to any violations by Contractor of criminal statutes governing consulting services. 22 Any other Contractor breach of this agreement shall be governed by the article below on 23 termination for cause. 24 25 XIII. TERMINATION WITHOUT CAUSE: 26 27 The County mar. terminate this agreement without cause by providing the Contractor with written 28 notice of termination at least sixty (60) days prior to the effective date oftennination. 29 30 XIV. TERMINATION WITH CAUSE: 31 32 The County may terminate this agreement for cause if the Contractor shall default in the 33 perfonnance of any of its obligations under this agreement. 34 35 XV. ASSIGNMENT: 36 37 The Contractor shall not assign or subcontract its obligations under this agreement, except in 38 writing and with the prior written approval of the Board of County Commissioners of Monroe 39 County and Contractor, which approval shall be subject to such conditions and provisions as the 40 Board may deem necessary and pursuant to the recommendation of the County Court 41 Administrative Judge. This paragraph shall be incorporated by reference into any assignment or 42 subcontract and any assignee or subcontractor shall comply with all of the provisions of this 43 agreement. Unless expressly provided for therei~ such approval shall in no manner or event be 44 deemed to impose any additional obligation upon the board. 45 6 1 XXVI. COMPLIANCE WITH LAW 2 3 In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, 4 ordinances, rules and regulations pertaining to. or regulating the provisions of, such services, 5 including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, 6 rules and regulations shall constitute a material breach of this agreement and shall entitle the Board 7 to terminate this contract immediately upon delivery of written notice of termination to the 8 contractor. The contractor shall possess proper licenses to perform work in accordance with these 9 specifications throughout the term of this contract. 10 11 XVII. DISCLOSURE AND CONFLICT OF INTEREST 12 13 A. The Contractor represents that it, its directors, principles and employees, presently have no 14 interest and shall acquire no interest, either direct or indirect, which would conflict in any 15 manner with the performance of services required by this contract, as provided in Sect. 16 112.311, et, seq., Florida Statutes. 17 18 B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall 19 notify the County of any financial interest it may have in any and all programs in Monroe 20 County which the Contractor sponsors, endorses, recommends, supervises, or requires for 21 counseling, assistance, evaluation, or treatment, This provision shall apply whether or not 22 such program is required by statute, as a condition of probation, or is provided on a 23 voluntary basis, 24 25 XVIII. FINANCIAL RESPONSIBILITY 26 27 The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety 28 for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor 29 further warrants and represents that it has no obligation or indebtedness that would impair its 30 ability to fulfill the terms of this contract. 31 32 XIX. NOTICE REQUIREMENT 33 34 Any notice required or permitted under this agreement shall be in writing and hand delivered or .35 mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the 36 following: 37 FOR MONROE COUNTY: 38 39 County Administrator and County Attorney and Director Management Services 40 1100 Simonton Street PO Box 1026 1100 Simonton Street 41 Key West, Fl. 33040 Key West, Fl. 33041-1026 Key West, FL 33040 42 43 FOR CONTRACTOR: 44 45 7 1 XX. TAXES 2 3 The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall 4 not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for 5 materials used to fulfill its obligations under this contract, nor is the Contractor authorized to 6 use the County's Tax Exemption Number in securing such materials. The Contractor shall be 7 responsible for any and all taxes, or payments of withholding, related to services rendered under 8 this agreement. 9 10 XXI. GOVERNING LAWS 11 12 This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising 13 under this Agreement must be in Monroe County, Florida. In the event of any litigation, the 14 prevailing party is entitled to attorney's fees and costs. The parties waive their rights to trial by 15 jury. 16 17 XXII. PUBLIC ENTITY CRIME STATEMENT: 18 19 A person or affiliate who has been placed on the convicted vendor list following a conviction for 20 public entity crime may not submit a bid on a contract to provide goods or services to a public 21 entity, may not submit a bid on a contract with a public entity for construction or repair of a public 22 building or public work, may not submit bids on leases of real property to public entity, may not be 23 awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract 24 with any public entity, and may not transact business with any public entity in excess of the 2S threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 26 months from t4e date of being placed on the convicted vendor list. (CATEGORY TWO: 27 $25,000.00). 28 29 XXIII. AUTIIORIZED SIGNATORY: 30 31 The signatory for the Contractor, below, certifies and warrants that: 32 33 (a) The Contractor's name in this agreement is its full name as designated in its corporate 34 charter. "35 36 (b) He or she is empowered to act and contract for Contractor. 37 38 (c) This agreement has been approved by the Contractor's Board of Directors. 39 40 Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a 41 list of its Board of Directors. 42 43 XXIV. ENTIRE AGREEMENT: 44 8 1 This agreement constitutes the entire agreement between the COtUlty and the Contractor for the 2 services contemplated herein. Any amendments or revisions to this agreement must be in writing 3 and be executed in the same manner as this agreement. 4 5 P'{,:oWJTNESS WHEREOF the parties hereto have executed this Agreement on the day and 6 ~ filsi_Wd~'~ve in four (4) counterparts, e.ach of which shall, without proof or accounting for 7 the other ~terpGrts, be deemed an original contract. S 9 :',: (SEAL)\\.. BOARD OF COUNTY COMMISSIONERS 10 :, AtteSt: DANNY L. 'KOLHAGE, CLERK. OF MONROE COUNTY, FLORIDA 11 iJY::&~C.. ~~~W ~ 12 By: 13 -"."",' . Deputy Clerk MAYOR PKO-TEK 14 15 16 (SEAL) INTERISK CORPORA nON 17 Attest: 18 By: ~~~ 19 20 By: 21 Title: Title: f't~/~ t- 22 23 24 25 26 f"o:) ." % , . 27 C) c: r :z: - ~ f'T1 28 jconinterisk ::r..- 0 c:: -0 29 ,..: N ." C":_ CD 0 c.u_ . ::0 c- , ::a:.:~ -::. ~ ;:0 .... (""; :- :" ~-i:C . . :-:> ~ c; "'" G'l '.::> ,... ,." N 7-:) ~ UI .:J 9 NON-COLLUSION AFFIDAVIT I, LAwro,J ~ArJ, rrr of the city of according to law on my oath, and under penalty of petjury, depose and say that: 1. I am ~s,cI~f of the firm of 7;; fu-,'.rK... CoI'J r--~ 4~ . the bidder making the Pro~ al for e project described in the Notice for Calling for Bids for: TZi 4,q ~,:rjt.. 1- . 2. I executed the said proposal with full authority to do so. 3. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 4. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor. S. No attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 6. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said~ / ~'ItJ. A~u.f 'J-t 2DO <} (Signature of Bidder) (Date - STATE OF: 30("~ COUNTY OF:J)) 0 (\( D-e PERSONALL Y APPEARED BEFORE ME, the undersigned authority, ~ who, providing proof of identity, or (Jtjbeing personally known to me, and having been firsl sworn by me, affixed..hislher signature in the space provided above on this ~ day of ~ 20D~ ~cJ~ - NOTARY PUBLIC My Commission Expires: Marlo L Slavic .. .. ..... tl4y ]C, i. ,:~ t(,I;~;:t IIiRV II!ClV , All ",s"..>ltt INC. I SWORN STATEMENT UNDER ORDINANCE NO. lO-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE --- (? ~r) rt:i-~ ~rer"sK warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, tenninate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consid~tariort aid to the former County officer or employee. L (Signature) A..?,.f f- 2- 'f, )..-0 ~ ~.. (Date) STATE OF -.:EJD( i Aq COUNTY OF 111 {)(\r De PERSONALL Y APPEARED BEFORE ME, the undersigned authority, ~CU.L~ &::qvl:m: who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on ~ ~ ,20Q!L. NOTARY PUBLIC Mof1a L SbYi My commission expires: ~ MY cQMMlSSlON' 00121839 EXPIRES OMB - MCP FORM #4 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: --r;;:t~-t< l:.r ~ ~~~~?~N (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Infonns employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, an) violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or an) state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance 0] rehabilitation program if such is available in the employee's community, or any employee who is S( convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of thi section. d to sign the statement, I certify that this finn complies fully with the abov . 4'><\ /~~e 1-~ ~oy- Bidder's Signature INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agene:)' Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements, . ,. . ::z:;/Ie.-;st: ~"Pcl."i.rJ ~ ~'I Bidder I Signature.... . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Employee Services Bulk Item: Yes X No - Department: Employee Benefits Office Staff Contact Person: Maria Z. Fernandez-Gonzalez AGENDA ITEM WORDING: Approval to continue the current basic life policy with The Hartford Life Insurance for Group Life and Accidental Death & Dismemberment October 1, 2007 through September 30, 2008 after review of all proposals received from the June 2007 Group Life and Accidental Death & Dismemberment RFP. ITEM BACKGROUND: BOCC approved on November 15, 2006 the Group Life and Accidental Death & Dismemberment RFP that was distributed June 2007; 10 proposals were received and after review of all proposals staff is recommending to continue with The Hartford Life Insurance. PREVIOUS RELEVANT BOCC ACTION: Policy originally secured in 2000; RFP distributed July 2001 and The Hartford Life Insurance was selected and BOCC approyed; BOCC has since approved yearly policy renewals. CONTRACT/AGREEMENT CHANGES: Term only. Increase in Basic Life, Class 1, 2, 3, - Current premium from $.44 per $1000 of volume to $.52 per $1000 of volume; no increase in Basic AD&D premium - $0.02 per $1000. Rates guaranteed for three years. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $197.264.00 BUDGETED: Yes -X- No - COST TO COUNTY: $197.264.00 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes - NoL AMOUNT PER MONTH - Year - ~ Risk Management~ APPROVED BY: County Atty ~OMB/Purchasing _ DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/03 . . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: The Hartford Life Insurance Effective Date:October 1, 2007 Expiration Date:September 30,2008 Contract Purpose/Description:Approval to renew current Group Life and Accidental Death & Dismemberment policy from October 1, 2007 through September 30, 2008. Contract Manager: 4448 Employee Services Division Maria F emandez-Gonzalez (N ame) (Ext. ) (Department) for BOCC meeting on Sentember 19 2007 Agenda Deadline: Sentember 4 2007 CONTRACT COSTS Total Dollar Value of Contract: $197,264.00 Current Year Portion: $ - Budgeted? Yes[gJ NoO Account Codes: 502-08002-530450- - -- Grant: $_ - - - - ----- County Match: $_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: - (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~ R1}::Y ~(J7. Division Director ~~O'I YesO NO@. 11 Risk Ma'Nemell\ '(:;l ~{; ) YesO No[jJI J]\.SQ",,:Q g/ rJ L{.=O 7 fJk f!b# ~ --k. K'~D'3 :..- O.M.B./Purcliasing ~ ~2.'iS -D/YesO N .. ~ County Attorney r}l?/dY YesO No[2(' ::;; ~ ~7 Comments: - OMB Form Revised 9/11/95 MCP #2 I I (~'~ BOARD OF COUNTY COMMISSIONERS OK~~I.Y ~o2~,~E Mayor Mario Di Gennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia J. Murphy, District 5 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 ,__ ~...It;.. ~._ ?'" / ,~ ,:' ... (305) 292-4458 - Phone ~t~' (305) 292-4564 - Fax , ' ,'. ~ ;,,\ ~ " I '''1. I \ ' ~ .. ';1 -'. ~,I.:~'J ~- .:' :~ /o?:"'" '~.~~~x TO: Board of County Commissioners DATE: August 24, 2007 FROM: Teresa E. Aguiar, Employee Services Director SUBJ: Renewal of Group Life and Accidental Death & Dismemberment Policy This item requests approval to continue the current basic life and Accidental Death & Dismemberment Insurance policy with Hartford Life Insurance for the period of October l, 2007 to September 30, 2008. Hartford has been the insurer for the County since 2000 and has provided quality service. This renewal represents an increase of $.08 per $1000 volume from the current rate. The proposed policy includes the same terms and conditions of our current coverage. In the year 2005, it was the first time that the premium increased with this insurer. The rate went from $.39 to $.44 per $1,000 of volume with no increase in the AD&D premium. As you can see by the attached analysis performed by staff, 11 proposals were received and it is believed that The Hartford Life is the best choice. It is recommended that The Hartford Life Insurance Company continue to be the insurer for the County's Group Life and Accidental Death & Dismemberment policy for the period of October I, 2007 to September 30,2008 at the proposed annual premium of$197,264.00 per year. If you have any questions on this item, please do not hesitate to contact me at X4458. (~.~ ----- BOARD OF COUNTY COMMISSIONERS O~~T,Y ~~~~E Mayor Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia]. Murphy, District 5 Administrative Services Department Group Insurance Department 1100 Simonton Street, Room 2-268 .1il Key West, FL 33040 ~j~, Telephone (305) 292-4448 Facsimile (305) 292-4452 ~,;:~~4. August 22/ 2007 Teresa Aguiar Division Director Employee Services Re: Life Insurance proposals Teresa: As a result of our recent life insurance RFP for Basic Life/ VOluntary Employee Supplemental Life & voluntary Dependent Life 11 proposals were received. Below is a brief analysis of each of the proposals received. Several of the proposals did not comply with the specifications of the RFP. NY LIfe Ins. Co. - Only bid on Voluntary benefits. No minimum participation or payroll deductions required. Offers seminars to county at no cost to us. County only required to provide meeting place & communication to employee. Actively at work not required. Bid offers a number of services to employees. Aetna LIfe Ins. - Will only release list of government agencies or customer references if selected as finalist. Referred to website when answering litigation questions. Did not include any of the required county forms or insurance. No further review as done on this proposal due to non-compliance with RFP. Minnesota LIfe - Proposal was vague in answering litigation questions; requested waiver of insurance. Actively at work - Employee absent from work due to disability/ injury/ or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. Basic LIfe Rate per $1000 $0.510; AD&D $0.025. Basic LIfe OPtion 1 C1X annual salary> Rate per $1000 $0.510; AD&D $0.200. Rate guaranteed for 3 years. VOluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted. Reliance Standard - No history of firm submitted only broker history. Actively at work not referenced in RFP and requires employer to have a Smoke Free Workplace. BasIc Life & Basic Life Option 1 C1X annual salary> Rate per $1000 _ $0.490; AD&D $0.040. Rate guaranteed for 2 years. Voluntary Benefits require employees to be Actively at work to enroll and premiums must be payrOll deducted, participation requirement 10% of eligible employees. Prudential - No list of governmental agencies per privacy policy and customer references only released if selected as finalist. Actively at work - Employee absent from work due to disability, injury, or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. Basic Life Rate per $1000 $0.595; AD&D $0.025. BasIc Life Option 1 C1X annual salary) Rate per $1000 $0.445; AD&D $0.025. Rate guaranteed for 3 years. voluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 20% of eligible employees. The Standard - Customer references not released unless selected as finalist. Actively at work - Employee absent from work due to disability, injury, or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. BasIc Life Rate per $1000 $0.680; AD&D $0.020. BasIc Life OPtion 1 C1X annual salary) Rate per $1000 $0.380; AD&D $0.020. Rate guaranteed for 3 years. VOluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 25% of eligible employees. ING Employee Benefits - Proposal assumes County packages either Whole Life or Supplemental Life with lNG's Basic Life. Actively at work - Employee absent from work due to disability, injury, or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. Basic Life Rate per $1000 $0.59; AD&D $0.023. Rate guaranteed for 3 years. Voluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 20% of eligible employees and county responsible for enrollments as well. Met Life Ins. - Referred to website when answering litigation questions. *ONL Y U.S. RESIDENTS ELIGIBLE. Actively at work - Employee absent from work due to disability, injury, or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. BasIc Life Rate per $1000 $0.31; . Retiree rate per $1000 $1.09; AD&D $0.023. Rate guaranteed for 3 years. voluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 25% of eligible employees. Florida Combined Life - Actively at work - Employee absent from work due to disability, injury, or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. Rates do not include agent commission. Basic Life Rate per $1000 $0.59; AD&D $0.03. Rate guaranteed for 3 years. VOluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 25% of eligible employees. Ft. Dearborn - Licenses with proposal were outdated. Actively at work - Employee absent from work due to disability, injury, or accident and are eligible for extension of benefits under current coverage are the liability of the current carrier. Census will be needed to indicate anyone out of work for any reason. Basic Life Rate per $1000 $0.525; Retiree prior to 87 $.350; AD&D $0.03. Rates guaranteed for 2 years. VOluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 25% of eligible employees. I've left The Hartford for last as the incumbent carrier. As the current carrier we would not have to supply them with a census of employee statuses. Basic Life Rate per $1000 $0.520; AD&D $0.02. Basic Life Option 1 C1X annual salary> Rate per $1000 $0.400; AD&D $0.020. Guarantee issue up to $100,000 VOluntary Benefits require employees to be Actively at work to enroll and premiums must be payroll deducted, participation requirement 25% of eligible employees. At this time I would recommend we remain with The Hartford and entertain the Basic Life Option 1 (1X annual salary up to $100,OOOL I would also like to recommend the selection of NY Life to provide Voluntary Benefits. Should you wish to discuss any of the proposals further or have any questions, please let me know. Maria Z. Fernandez-Gonzalez Sr. Administrator, Benefits . . Basic Employee Life and AD&D Employee Plan Summary Feature Description Class Description Class I - All Active Full Time Employees Class 2 - Retired employee insured on October I, 1987 or later Class 3 - Retired employee insured prior to October I, 1987 Employee Benefit (Current) Class 1 &2 - Flat $20,000 Class 3 - lesser of 50% of the amount of insurance in force prior to October I, 1987 or $5,000 Employee Benefit (Option 1) Class I - 1 times Earnings rounded to Next higher $1,000 Class 2 - Flat $20,000 Class 3 - lesser of 50% of the amount of insurance in force prior to October I, 1987 or $5,000 Maximum Benefit (Current) $20,000 Maximum Benefit (Option 1) $100,000 Guaranteed Issue Amount (Current) $20,000 Guaranteed Issue Amount (Option 1) Class 1 - $100,000 Class 2&3 - $20,000 Benefit Reduction Schedule Class I - 33% @ 70, 50% @ 75.* Class 2 - 50% @ 70*. Class 3 - None Employee No Loss/No Gain Standard Life Disability Provision* Class 1 - Premium Waiver if Disabled Prior to 60 - Lifetime Waiver _ 6 month elimination period. Class 2&3 - None Living Benefit Option Class 1 - 12 months Life Expectancy, 80% of benefit to Max. $20,000 (Accelerated Benefit)* Option 1- Class 1 - 12 months Life Expectancy, 80% of benefit to Max. $100,000 Conversion* Included Accidental Death & Current: Class 1 - Flat $20,000 Dismemberment (AD&D) Option 1: 1 times Earnings rounded to Next higher $1,000 Employee Contribution Non-contributorv Enrollment Type No Enrollment Participation Reauirement 100% of Eli2ible Employees Number of Eligible Class I - 1358 Employees Class 2 - 294 Total - 1652 · Applies to Life only .* Reminder - Compliance with ADEA is the responsibility of the Employer. Please consult your legal counsel to determine if this cutback schedule complies with ADEA guidelines. 'I'm:. !t\RTFORD . Employee Rate Summary Monthly Premium Basic Life Class 1, 2, 3 - Current $0.52 per $1,000 $31,612,800 Volume $16,438.66 Basic AD&D $0.02 per $1,000 $26,927,800 Volume $538.56 Option 1 $0.40 per$I,OOO $67,796,000 Volume $27, 118.40 Basic AD&D $0.02 per $1,000 $63,106,000 Volume $1,262.12 Rate Guarantee: 3 Years TIfF: J HAlffFORD . , BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Sept 19, 2007 Division: Employee Services Bulk Item: Yes l No - Department: Risk Management Staff Contact PersonlPhone #: Maria Slavik X3178 AGENDA ITEM WORDING: Approval for the renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance at a premium of$41,429.47 to be paid in four quarterly payments. ITEM BACKGROUND: The policies provide insurance coverage for Emergency Vehicle and Portable Equipment damages and/or losses. PREVIOUS RELEVANT BOCC ACTION: This is the third renewal of the policy. CONTRACT/AGREEMENT CHANGES: This renewal represents a decrease of$8,61O or 17%. The deductible on the Portable Equipment Policy raised from $100 per occurrence to $250. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $41,429.47 yr BUDGETED: Yes -L No - COST TO COUNTY: $41,429.47 yr SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes - Nol AMOUNT PER MONTH - Year - APPROVED BY: County Atty~ OMB/Purchasing _ Risk Management _ DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 , MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: VFIS Contract # - Effective Date: 10/1/2007 Expiration Date: 9/30/08 Contract Purpose/Description: Portable Equipment and Emergency Apparatus Insurance coverage Contract Manager: Maria L. Slavik 3178 Employee Services #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 09-19-2007 Agenda Deadline: 9/4/2007 CONTRACT COSTS Total Dollar Value of Contract: $ 41,429.47 Current Year Portion: $ Budgeted? Yes[g] NoD Account Codes: 503-08502-530-450-_ Grant: $ - - - - ----- County Match: $ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Revi~wer DivisionDirectnr ~. YeSONO~~ ~ 7-0') Risk Management ?~ or) Y esD No~ O.M.B./Purchasing ~1 YesD No~' K ~ County Attorney ~ Y esO No~ ~ ;:t...:If- - Comments: OMB Form Revised 2/27/01 Mep #2 . . . (~ ,~ .--...- BOARD OF COUNTY COMMISSIONERS O,~~T.y ~o2~~~E Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia J. Murphy, District 5 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 ~t~\ (305) 292-4458 - Phone (305) 292-4564 - Fax 'I !I')::'l' ~"'!i) . ~_r. :t.. -.... ~;,,:;' .' , ~ ~,.~!:~~ TO: Board of County Commissioners FROM: Teresa E. Aguiar, ~ Employee Services Di " / DATE: August 20, 2007 SUBJ: Insurance Renewal - with VFIS (Volunteer Fire Insurance Service) Portable Equipment & Emergency Apparatus This item requests approval to accept renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance coverage at a premium of$41,429.47 to be paid in four quarterly payments. This insurance provides coverage for damages and/or loss to scheduled Emergency Vehicles and Portable Equipment. The Emergency Vehicle policy is designed to protect the County's Fire and Emergency vehicles. With some of the covered vehicles on the policy having values of $500,000 and more, it is believed that the amount is relatively low cost protection. The Portable Equipment policy is primarily designed to cover the mobile radios used by the fire departments. Formerly, the deductible on this policy was at $100.00 per occurrence. In review of the policy and our losses over the past few years, it is staff's recommendation to raise the deductible to $250.00 in order to save the County over $600 yr. It is understood that VFIS has indicated that the premiums for the 2007/2008 policy year will be as follows: Portable Equipment: $5,906.76 (Deductible $250) Emergency Vehicle: $35,522.71 (Deductible $500) The premiums have decreased approximately 17% and it is believed that VFIS is the only organization that offers this specialty coverage. It is therefore the recommendation that the Board approve the request to renew these policies as proposed. If you have any questions on this item, please do not hesitate to contact me at X4458. : f~ ~Els. rJilfgeIter 11~ ~ A Tradition of s,,~rvice. Founde,i on Tru-;t. July 23, 2007 The Monroe County Board of County Commissioners ,- \. PO Box 1026 I i Key West, FL 33041-1026 Re: Renewal Premiums To Whom It May Concern: Florida insurance regulations require that we advise you of your renewal premiums in advance of your renewal date. Based on the information in file at the present time, your policies are likely to renew with these approximate premiums: Policy Number Policy Term Premium VFISCM TBD 10/01/07 - 08 $36,541 VFISTR TBD 10/01/07 - 08 $7,673 These premiums are estimates only and are subject to change as additional information becomes available, including that on your renewal questionnaire. Thank you for your business. Very truly yours, Connie S. Lapham Underwriting Assistant Cc:VFIS OF Florida Cc: 183 Leader Heights Road. P.O. Box 2726 · York, Pennsylvania 17405 (717) 741-0911 · (800) 233-1957. Fax (717) 747-7022 · www.vfis.com I .. ' . Slavik-Maria From: Raymond N. Witkowski Sf.NFIS/GIG (RWltkowski@vflS.com] Sent: Wednesday, August 15, 2007 7:51 AM To: Slavik-Maria Cc: Joanne S. DedricklFL47531RD/GIG Subject: Renewal Premiums Maria, Pursuant to our meeting yesterday I am sending you the renewal premiums and fees for the 10/01/07 - 2008 policy period. Portable Equipment: $6,031 + $524.69 SC = $6,555.69 Auto (Physical Damage Only: $35,171 + $351.71 SC = $35,522.71 Total: $41,202 + $876.40 SC = $42,078.40 We will issue the policy after receiving your approval. Thank you for your past support of the VFIS program. Ray Witkowski Florida Sales Executive 941-924-1376 cell 941-914-3473 fax 941-924-1636 ----------------------------------------- Confidentiality Notice: The information contained in this communication, including all attachments, is legally protected information, confidential or proprietary information, or a trade secret intended solely for the use of the intended recipient. The information may also be subject to legal privilege. If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender by reply Fax or e-mail stating the communication was "received in error" and delete or destroy all copies of this communication, including all attachments. 1 . . I NTERISK CORPORA TION Consultants 1111 North Westshore Boulevard Suite 208 Risk Management Tampa, FL 33607-4711 Employee Benefits Phone (813) 287-1040 Facsimile (813) 287-1041 August 17, 2007 Ms. Maria Slavik Risk M:m;lgement Specialist Monroe County 1100 Simonton St Suite 268 Key West, Florida 33040 Subject: Renewal of VFIS Insurance Dear Maria: Mr. Raymond Witkowski's email of August 15,2007 has been received and reviewed. The email provided the renewal premiums for the insurance on the County's Fire Emergency Vehicles and the portable and communication equipment used in the County's fire, ambulance and rescue operations. Coverage is provided by the American Alternative Insurance Company through the VFIS of Florida Insurance Agency. American Alternative enjoys a favorable rating from the AM. Best & Company, the leading evaluator of insurance company operations. Two policies are actually purchased. The first provides Physical Damage (Comprehensive and Collision) Insurance on the County's fire trucks and associated equipment For the period of 10/1106 to 10/1107 the County paid a premium of $41,045 for this coverage. American Alternative has agreed to renew this policy (with comparable terms and conditions) for a premium of$35,523. This represents a reduction of$5,522 (13%). It is understood that part of the reduction is directly related to the County removing a number of vehicles from the policy that were destroyed by Hurricane Wilma. It is believed that Alternative Insurance Company's renewal premium remains extremely competitive and it is recommended that the County renew this policy for the 2007/08 policy period as submitted by VFIS of Florida . . , . . . The second policy provides coverage for damage or destruction of portable and communication equipment used in the County's fire, ambulance and rescue operations. This policy is unique in that it has no specified limit and will pay for the repair or replacement of damaged equipment, regardless of cost. The premium for the 10/1106 to 10/1/07 policy tenn was $8,995. American Alternative bas agreed to renew this policy for an annual premium of $6,556. This represents a reduction of $2,439 (27%). This is viewed as a favorable renewal proposal and it is recommended that the County renew this policy for the 2007/08 policy period as submitted by VFIS of Florida. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION (v~ \~ I ' .\ /J iv/ ...- /-J Sidney G. Webber CPCU, ARM CC: Teresa Aguiar . . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Employee Services Bulk Item: Yes ~ No - Department: Employee Benefits Office Staff Contact Person: Maria Z. Fernandez-Gonzalez X 44 tfr' AGENDA ITEM WORDING: Approval to purchase Specific Excess Workers' Compensation Insurance from Star Insurance of Brown & Brown Insurance for a proiected annual premium of $161,246.50 (unauditable). ITEM BACKGROUND: Monroe County is currently insured with Safety National of Brown & Brown Insurance with an annual premium of $155.000 (unauditable) PREVIOUS RELEV ANT BOCC ACTION: Services bid in 2003 - Midwest was the selected company: Services re-bid in 2006 at the direction of the BOCC and Safety National of Brown & Brown Insurance was selected. CONTRACT/AGREEMENT CHANGES: 4% increase in the annual premium to $161,246.50 (unauditable). Increase is due to the increase in WC claims for this fiscal year. STAFF RECOMMENDATIONS: Approval TOTAL COST: $ I 6 I .246.50 BUDGETED: Yes -X- No - COST TO COUNTY: $ l61.246.50 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH Year - - APPROVED BY: County Atty -SIr OMB/Purchasing_ Risk Management ~ DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # Revised 08/06 . , . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Star Insurance Effective Oate:October 1 , 2007 Expiration Date: September 30,2008 Contract Purpose/Description:Approval to purchase Specific Excess Workers' Compensation Insurance. Contract Manager: 4448 Employee Services Maria Z. Fernandez-Gonzalez (N ame) (Ext.) (Department) for BOCC meeting on Seotember 19 2007 Agenda Deadline: Seotember 4 2007 CONTRACT COSTS Total Dollar Value of Contract: $161,246.50 Current Year Portion: $_ Budgeted? YesrgJ No 0 Account Codes: 501-07502-530450-_-_ Grant: $_ _-_-_-_-_ County Match: $_ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: _ (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~'1f3 DIvision Director 2~i:fl Y080 No~r _. ~ _. __: _" = f)'~l{.(n Risk Man~ment" m '0 ly esD No~ i g cl~ -D 7 PJ"- 'I.~ ~ ,1",,,,, O.M.B./P hMing <2s' -2$ 67 YesD NoEi t ~-124- County Attorney r'ft?/o,/ Y 080 NoB'" ~ ~ ~ - tp 'fll? Comments:_ OMB Form Revised 9/ll/95 Mep #2 (-~ .--...- BOARD OF COUNTY COMMISSIONERS O~~,T.Y ~o~~~E Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia J. Murphy, District 5 Office of the Employee Services Division Director The Historic Gato Cigar Factory lloo Simonton Street, Suite 268 Key West, FL 33040 &,'" (305) 292-4458 - Phone <',. -. ~"i~) '\\ (305) 292-4564 - Fax ~'I "~I: i ;" , l,.;;! r i I ~. _.' '. ~.< ~" "~~--S ;"-:;'1 ~ ~~~\L~~ 1:.-~. TO: Board of County Commissioners DATE: August 24, 2007 FROM: Teresa E. Aguiar, ~ _ Employee Services Directo. . SUBJ: Excess Workers' Compensation Insurance This item requests approval to purchase Specific Excess Workers' Compensation Insurance from Star Insurance of Brown & Brown Insurance for the period of October 1, 2007 to September 30, 2008. The County is an authorized self-insurer for Workers' Compensation within the State of Florida. The structure of our current program requires the County to assume the first $1 million of each claim. This policy provides protection for any claim that exceeds this amount. The County's program provides coverage for the full statutory benefits as outlined in Florida Statute 440. The premium is based on actual payroll and claims history. This policy is unauditable which means that actual payroll numbers are not reviewed each time there is a renewal which benefits the County. The premium has increased 4% due to the increase in total claims paid last year. Two major claims involved a serious poisonwood exposure by a County employee which almost resulted in death and amounted to over $80,000 in hospital bills and a heart presumption claim which exceeded $100,000. It is the recommendation that the County renew its Excess Insurance Policy with Star National as the insurer as presented by Brown and Brown Insurance for the period of October 1, 2007 to September 30, 2008. The policy was last bid in 2006 and this is the first renewal of the policy. If you have any questions on this item, please do not hesitate to contact me at X4458. INSURANCE PROPOSAL PREPARED FOR: Monroe County Board of County Commissioners PRESENTED BY: Account Executive: Scott T. Hindman, CIC Add ress: Brown & Brown Insurance, Leesburg, FL Phone: 352-787 -2431 Fax: 352-787-9922 Date: 10-1-07 This presentation is designed to give you an overview of the insurance coverage's we recommend for your company, based upon information provided by you. It is meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on coverage's, conditions and exclusions. Specimen copies of all policies are available upon request prior to binding of coverage. If there are any other areas that need to be evaluated prior to binding of coverage, please bring this to our attention. Should any of your exposures change after coverage is bound, such as operations, hiring employees in new states, buying additional property etc. please let us know as proper coverage can be discussed. EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE Named Insured: Monroe County Board of County Commissioners Policy Term: 10/1/07 to 10/1/08 Coverage Written On: (X) Occurrence Form Limits Coverage Description $ 1,000,000 Each Occurrence - Bodily Injury and Property Damage $ 1,000,000 General Aggregate $ 1,000,000 Employee Benefits Self Insured Retention $1,000,000 I EXCESS WORKERS' COMPENSATION POLICY I Named Insured: Monroe County Board of County Commissioners Policy Term: 10/1/2007 to 10/1/2008 Limits Coverage Description $ 1,000,000 Employer's Liability - Each Accident $ 1,000,000 Employer's Liability - Disease- Policy Limit $ 1,000,000 Employer's Liability- Disease- Each Employee Self insured retention $1,000,000 NON AUDIT ABLE . I WORKERS' COMPENSATION COVERAGES I Bodily Injury By Accident Limit This is the most your insurer will pay under Coverage B, Employers Liability, for all claims arising out of anyone accident, regardless of the number of claims that may arise out of the accident. Bodily Injury By Disease - Each Employee This is the most your insurer will pay for damages due to bodily injury by disease to anyone employee. Bodily Injury By Disease - Policy Limits This is the aggregate limit that stipulates the most your insurer will pay for employee bodily injury by disease claims during the policy period regardless of the number of employees who make such claims. Statutory Workers' Compensation This coverage is used to comply with the Workers' Compensation Coverage required by your state law. Under this requirement, an employee can be compensated if they are injured while working for you, regardless of your negligence as an employer. , . PREMIUM SUMMARY Named Insured: Monroe County Board of County Commissioners Policy Term: 10/1/2007 to 10/1/2008 DESCRIPTION OF COVERAGE PREMIUM Property Not quoted at this time $ Commercial Inland Marine Not quoted at this time $ Commercial General Liability $ included Crime Not quoted at this time $ Commercial Automobile Not quoted at this time $ Boiler and Machinery Not quoted at this time $ Worker's Compensation $159,650.00 Umbrella Not quoted at this time $ 1 % Florida Surcharge $ 1,596.50 Total Estimated Premium $ 161,246.50 Best Rating: Star Insurance Co. A- Stable rating , , . SUMMARY OF PROPOSED PREMIUMS AND RELATED INFORMATION Premiums as Proposed: $161,246.50 Payment Plan: Annual This proposal is based upon the exposures to loss made known to the Agency. Any changes in these exposures (i.e., new operations, new products, additional states of hire, etc.) need to be promptly reported to us in order that proper coverage(s) may be put into place. Signed application. Compensation In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client-specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company-sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests. Should you have any questions, or require any additional information, please contact this office at 1-800-293-2431 or, if you prefer, submit your question or request online at http://www .bbinsu rance.com! customeri nQ uiry .sh tml. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Sept 19, 2007 Division: Employee Services Bulk Item: Yes l No - Department: Risk Management Staff Contact Person/Phone #: Maria Slavik X3178 AGENDA ITEM WORDING: Approval for the renewal with The Florida Municipal Insurance Trust Agreement to provide General and Vehicle Liability Insurance at a premium of$355,256.00 to be paid in four quarterly payments. ITEM BACKGROUND: The policy provides insurance coverage for sums which the County may become legally obligated to pay as a result of bodily injury, property damage, or personal injury arising out of its operations. The policy also provides for a reimbursement percentage of legal fees incurred in the defense of criminal, civil or ethics proceedings. PREVIOUS RELEVANT BOCC ACTION: This is the third renewal of the policy. The policy will be re-bid April or May, 2008. CONTRACT/AGREEMENT CHANGES: This renewal represents an increase of 10.2% over last year's premium. STAFF RECOMMENDATIONS: Approval to renew the current policy. TOTAL COST: $355,256 yr BUDGETED: Yes ~ No - COST TO COUNTY: $355,256 yr SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes - Nol AMOUNT PER MONTH - Year - APPROVED BY: County Arty ~MB/Purchasing _ Risk Management~ DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:FMIT #386 Effective Date: 10/1/2007 Expiration Date:9/30/2008 Contract PurposelDescription:General Liability Insurance Renewal. Contract Manager:Maria Slavik 3178 Risk Management (Name) (Ext.) (Department) for BOCC meeting on Seotember 19 2007 Agenda Deadline: Seotember 4 2007 CONTRACT COSTS Total Dollar Value of Contract: $355.256 Current Year Portion: $Q Budgeted? Y es~ NoD Account Codes: 503-08502-530-450-_ Grant: $_ - - - - ----- County Match: $_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: - (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~eviewer- ~ 'dd'O( Division Director 9,.(f;J:(j7 Y esD No~ ~ Risk Mana~te~ ~l YesD NoQ] '0\ ~ ~~J}-o7 ~ ~ Ei ~ 'i5~ O.M.B,iPurchasing_1- YesD No ~ . ~? County Attorney ct~jol) YesD Nog/ Comments: - OMB Form Revised 9/11/95 MCP #2 (- ~ ..-.....--- BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 O,~~T.y ~o~~~~E Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia J. Murphy, District 5 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 ~. .-:;ft... . .." ~._,.- (305) 292-4458 - Phone ",-,- '-I"~J '\ (305) 292-4564 - Fax .~ . Ii, l ~ ., i.r ....1,' 'J l~. ~".' r !..I~ '.... e~.._~/:. 'to - -.::: E;;r""'-., i ~. . ~~;t ~.!~~I-~~.r TO: Board of County Commissioners FROM: Teresa E. Aguiar, ~ Employee Services D' DATE: August 20, 2007 SUBJ: Insurance Renewal- with FMIT (Florida Municipal Insurance Trust) General and VehicIe Liability This item requests approval to accept renewal with FMIT to provide General and VehicIe Liability coverage at a premium of $355,256 to be paid in four quarterly payments. Excess General/Professional Liability: $ 234,347 premium (retention: $lOO,OOO per occurrence) Vehicle Liability and Physical Damage: $ 120,909 premium (deductible: $1,000 physical damage) The total premium has increased 10.2% from the 2006/07 policy year. This insurance provides coverage for which the County may become legally obligated to pay as a result of bodily injury, property damage, or personal injury arising out of its operations. In addition, the County will be reimbursed a percentage of legal fees incurred by a public officer in defending any criminal, civil, or ethics proceeding which is not otherwise covered by the policy. It is therefore the recommendation that the Board approve the request to renew this policy with an effective date of October 1, 2007 - September 30, 2008. If you have any questions on this item, please do not hesitate to contact me at X4458. .. FLORIDA LEAGUE OF CITIES, INC. Public Risk Services P. O. Box 530065 Orlando, PI 32853-0065 RENEWAL QUOTE FOR 2007-2008 Monroe County Board of County Commlasloners FMIT 0386 Coveraae Deductible .bi.m.!1.. Premium GeneraVProfessional Liability $100,000 Self Insured Retention $5,000,000 $234,347 Automobile Liability $100,000 Self Insured Retention $5,000,000 $115,102 Automobile Physical Damage Per Schedule $5,807 TOTAL PREMIUM $355,256 =1 P~_. ." .wtpltmiEtui:s;ti;:~'ARENOT RENEWED,~c>'niEJUNEPAICING WILL CHANGE OR CO\IERAGE OFFERINGS ON THE'AeMAINlNG'WE8COULO BE INITHORAWN ALTOGETHER, 81100007 I NTERISK CORPORA TION Consultants 1111 North Westshore Boulevard Suite 208 Risk Management Tampa, FL 33607-4711 Employee Benefrts Phone (813) 287-1040 Facsimile (813) 287-1041 August 10, 2007 Ms. Maria Slavik Risk Management Specialist Monroe County 1100 Simonton St Suite 268 Key West, Florida 33040 Subject: Renewal of Liability Insurance Dear Maria: I have received a copy of the Florida League's proposal for the renewal of the County's Excess Liability Insurance that expires on September 30, 2007. The following table compares the proposed premiums for the 2007/08 policy year to those the County paid for the 2006/07 policy. 2006/07 2007/08 Increase/CDecrease ) Percent GenerallProfessional $199,465 $234,347 $34,882 17.5% Liability Vehicle Liability and Physical 122,744 120,909 (1,835) (1.5%) Damage Total $322,209 $355,256 $33,047 10.2% While the increase is believed to be consistent with industry standards, it is higher than anticipated based on earlier conversations you and I had with the Florida League. When you and I requested justification from the League for the increase, we were advised that the majority of the increase was due to the League's "Excess" factors being raised. When the League develops a premium for any of its Members, they start by calculating a premium assuming the program does not contain a deductible or retention. For those Members (such as the County) that selects a program with a deductible or retention the initial premium that was developed is multiplied by the Excess factor to detennine what premium would be charged. The Excess factors are determined by an actuarial study based on the League's historical loss experience. According to the League, it has been a number of years since such a study has been performed. This has resulted in the premiums for Members that have a deductible or retention being artificially low. Despite the fact that the County's proJX>sed premiums for the 2007/08 JX>licy year are slightly higher then first anticipated, they are competitive based on premiums being charged other Interisk's clients, despite the 10.2% increase. It is therefore recommended that Monroe County renew its Excess Liability Insurance with the Florida League of Cities for the 2007/08 JX>licy year with the understanding that competitive proposals be received through an RFP process for the 2008/09 JX>licy year. Cordially, INTERISK CORPORATION J /j tv)~ Sidney G. Webber CPCU, ARM CC: Teresa Aguiar I NTERISK CORPORA TION Consultants 1111 North Westshore Boulevard Suite 208 Risk Management Tampa, FL 33607-4711 Employee Benefits Phone (813) 287-1040 Facsimile (813) 287-1041 July 6, 2007 Ms. Maria Slavik Risk Management Specialist Monroe County 1100 Simonton St. Suite 268 Key West, Florida 33040 Subject: Renewal of Liability Insurance Dear Maria: . . The County's Liability Insurance is currently placed through the Florida League of Cities and includes the following coverages: >> Excess Liability (General Liability) >> Vehicle Liability >> Public Officials Liability >> Employment Practices Liability >> Miscellaneous Other Coverages The policy expires on September 30, 2007. The last time the County received competitive proposals for this policy was in 2004. Typically the County obtains competitive proposals for its various insurance every 3 years to 4 years. This practice would suggest that an RFP be prepared and competitive proposals received either this year or at the latest, next year. The Liability market place is relatively stable right now and I have received preliminary indications from the League that they do not anticipate any significant increases in their rates for the 2007/08 policy year. With this in mind, it is recommended that the County consider deferring obtaining competitive proposals until the 2008/09 policy year. This recommendation is being primarily made because of the new Professional Liability insurance the County purchased this year providing protection for the nurses participating in the Medical Air Transport program, You and I spent considerable time and effort securing this coverage and was ultimately placed through the Florida League. According to recent newspaper articles there are unresolved issues associated with the Air Transport program and if the County were to select any other firm (other than the Florida League) to provide its Liability insurance, this would leave the Professional Liability as the only insurance placed through the League. Nonnally the League prefers not to provide ancillaty coverages without the support of its main coverages provided by the Florida Municipal Insurance Trust (FMIT). This could leave the County in an unfavorable position of having to locate and obtain ahemative insurance for its Medical Air Transport program on an expedited basis. By renewing its Liability insurance with the Florida League for the 2007/08 policy year, time will be provided for the County to resolve the outstanding issues associated with its Air Transport program and can be more easily transferred to a new agent and insurer if the League is not retained as the County's Liability insurer. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION j /j tJ~ Sidney G. Webber CPCU, ARM CC: Teresa Aguiar BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Sept 19,2007 Division: Employee Services Bulk Item: Yes ..JL No - Division: Employee Services Staff Contact PersonlPhone #: Teresa Aguiar X4458 AGENDA ITEM WORDING: Approval to enter into a Memorandum of Understanding between Monroe County and Teamsters Local Union No. 769 in order to make available the current Employee of the MonthlYear and the Years of Service A ward Programs to include those covered bargaining unit employees. ITEM BACKGROUND: On August 10, 2007, a meeting was held between Monroe County and Teamsters Local Union No. 769 to discuss the current Contract Agreement and the fact that the Employee Recognition Programs were not included. It was determined that due to the language in paragraph 34.3 in the Teamsters Agreement, the County may unilaterally make a change in the terms and conditions of said agreement and therefore legally entitled to provide these programs to these covered employees. PREVIOUS RELEVANT BOCC ACTION: The current Covered Bargaining Unit Agreement was approved by the BOCC on July 19,2006 and became effective August 1,2006. The contract expires September 30,2009. CONTRACT/AGREEMENT CHANGES: Addition of the Employee Recognition Programs to include the Employee of the MonthlYear and Years of Service A ward to the current contract. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $53,018.12 approx BUDGETED: Yes - No X (See memo) COST TO COUNTY: $53,018.12 approx SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes - No..JL AMOUNT PER MONTH_ Year - APPROVED BY: County Atty ~OMB/Purchasing _ Risk Management ~ DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract Teamsters Local Union 769 Contract # with: Effective Date: August 1,2006 Expiration September 30, Date: 2009 Contract Purpose/Description: To set forth terms and conditions of employment of the employees in the unit designated by the Florida Public Employees Relations Commission (PERC). Contract Manager: Teresa Aguiar 4458 Em lo ee Services/Sto # 1 (Name) (Ext. ) (Department/Stop #) for BOCC meetin on A enda Deadline: Se t 4,2007 CONTRACT COSTS Total Dollar Value of Contract: see attached Current Year Portion: $ 13,809.86 Budgeted? YesD NoX Account Codes: See attached Grant: $ NIA County Match: $ NIA ADDITIONAL COSTS Estimated Ongoing Costs: $ see attached For: NIA (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~ Division Director 'is d61<>"'" Y esD NoB'" .. . .. . RiSkM:i~~t ~1 YesDNog' , 1P O.M.B./Purch ing _,. YeSDNO~~ County Attorney S' P2J/O'\} YesD No[J/ Comments: OMB Form Revised 2/27/01 Mep #2 (-'~ <--. BOARD OF COUNTY COMMISSIONERS O,~~T.y ~o2~~~E Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305)294-4641 Sylvia J. Murphy, District 5 Office of the Employee Services Division Director The Historic Gato Cigar Factory BOO Simonton Street, Suite 268 Key West, FL 33040 ei'~ (305) 292-4458 - Phone ." ':\;-, "'\ , , ' -In'r:!J' , (305) 292-4564 - Fax ' " , ,".:) ~<. ~~' ; I~ll~:l '.. - '''::j' ~ _.- .":.~..~~oo;_:5- TO: Board of County Commissioners DATE: August 21, 2007 FROM: Teresa E. Aguiar, ~ Employee Services Dir SUBJ: Teamsters Contract Addition of Employee Recognition Program This item requests approval to enter into a Memorandum of Understanding with the Teamsters Local Union No. 769 'which will allow covered bargaining unit employees to receive the same employee recognition benefits as non-represented employees. The current contract does not allow these employees to benefit from the County's Employee of the MonthlYear and the Years of Service A ward Programs. The County is legally entitled to add this benefit in accordance with the language in paragraph 34.3 of the Teamsters Covered Bargaining Agreement. The County wishes to provide this benefit as a goodwill effort and it is understood that the change is being made without the need of having to bargain. The Employee of the MonthlYear Program recognizes employees who demonstrate superior performance which is above and beyond the call of duty. A recognized employee receives a $100 U.S. Savings Bond and appreciation plaque. The employee of the year receives a 4% salary increase and an appreciation plaque. The Years of Service Program recognizes employees who have been in the County Service five, ten, fifteen, twenty, twenty-five and thirty years. The approximate payout for the remainder of the Contract is as follows: 2007 - $13,809.86 2008 - $14,577.30 2009 - $24,630.96 It is the recommendation that the Board approve the request to enter into the MOU and allow these employees to benefit from these recognition programs. Although this money is not budgeted, it is expected to be offset with the excess funds due to our current practices of not filling vacant positions, holding period of 30 days to fill essential positions, attrition and normal turnover. If you have any questions on this item, please do not hesitate to contact me at X4458. Account Numbers 2007 504-23501-95% 504-23503-5% $L595.51 001-40501-120 $3,479.95 102-22500-120 $1,771.95 001-61525-120 $233.05 001-20501-120 $3,554.58 414-40000-120 $3,174.82 Total $13.809.86 2008 001-20501-120-50% 147-20503-120-50% $241.64 147-20503-120-75% 121-71040-120-T61M323X-120-25% $628.15 504-2350l-120 $1,130.91 147-20503-120 $616.31 001-20501-120 $9.416.80 102-22500-120 $1,896.36 001-61525-120 $647.13 Total $14.577.30 2009 147-20503-120 $1,396.60 414-40000-120 $745.73 001-20501-120 $6,698.84 147-20503-510120 $296.02 001-20501-510120 $300.36 101-20505-120 $7,075'cn 001-167003-120 $267.98 414-40000-120 $1 ,804.82 102-22500-120 $2,334.90 404-63001-120 $711.83 401-22502-120 $1,598.26 001-61525-120 $1,400.55 Total $24.630.96 Grand Total for 2007,2008 and 2009 is $53,018.12* *This is an approximate amount. If there is turnover within the time period (resignations, etc.) this amount will decrease. , . - ~ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made by and between Teamsters Local Union No. 769 and Monroe County (collectively, the "Parties") for the purpose of including covered bargaining unit employees in the County's Employee Recognition Programs. This MOU is to establish a written agreement of regarding benefits these employees will receive. WHEREAS, section 2.15 of the Monroe County Personnel Policies and Procedural Manual currently includes two Employee Recognition programs: Employee of the MonthlYear Program, and Years of Service Program; and WHEREAS, neither of these programs was included in the Contract Between Monroe County and Teamsters Local Union No. 769 with an effective date of November 15, 2006 ("Contract"); and WHEREAS, the Parties now wish to enter into a Memorandum of Understanding in order to make the elements of these two programs available to covered bargaining unit employees. NOW THEREFORE, the Parties agree as follows: 1. Section 2.15 of the Monroe County Personnel Policies and Procedural Manual provides as follows: A - EMPLOYEE OF THE MONTH/YEAR PROGRAM Monroe County has established an Employee of the Month/Year Program designed to recognize employees who demonstrate superior performance and dedication to their work which is above and beyond the call of duty. (See Monroe County Administrative Instruction Series 4000.) The employee ofthe month shall be awarded a $100 United States Savings Bond and an appreciation plaque. The employee of the year shall receive a 4% increase, and an appreciation plaque. B - YEARS OF SERVICE PROGRAM Monroe County has established a program to recognize County employees who have been in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five and Thirty years. Grant and part-time employees will be eligible for the years-of-service program. At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources office must cause a letter to be placed in the employee's personnel file noting the years of service and must deliver the following, in a lump sum payment, to the employee: a - For 5 years of service, a decorative pin and a 1% lump sum payment; b - For 10 years of service, a decorative pin and a 2% lump sum payment; c - For 15 years of service, a decorative pin and a 3% lump sum payment; d - For 20 years of service, a decorative pin and a 4% lump sum payment; e - For 25 years of service, a decorative pin and a 5% lump sum payment; f - For 30 years of service, a decorative pin and a 6% lump sum payment. 2. It is agreed that the County will provide an award program to recognize employees who have been employed by the County for five years or more, and this program shall be administered as provided in Section 2.15-B of the Personnel Policies and Procedures Manual, as amended from time to time. 3. The County also agrees to provide an award program to recognize employees with outstanding service as outlined in Section 2.15-A of the Personnel Policies and Procedures Manual, Administrative Instruction Series 4000, as amended from time to time. 4. In accordance with Article 34.3 of the Bargaining Unit Contract, the Parties agree that this change is being made without the need for having to bargain, that each party has the authority to enter into this Memorandum of Understanding on behalf of its constituents, and that this Memorandum of . .. . . .. Understanding is not valid or binding unless and until approved by the Board of County Commissioners of Monroe County, Florida. 5. The term of this Memorandum of Understanding shall be from November 15, 2006 through September 30, 2009. No other agreements between the parties shall be valid unless specified in writing, and in all other respects, the terms of the Contract remain in full force and effect. This Memorandum of Understanding has been executed this day of June, 2007: BOARD OF COUNTY COMMISSIONERS TEAMSTE~S1LOWONNO. 769 MONROE COUNTY, FLORIDA By: Itild By: # / / /7 ~ > Mayor Mario Di Gennaro President Date: Date: !fIlth? Witness: /4 By: By: County Administrator Business Representative Date: Date: R-/.f~oT Attest: Danny L. Kohlage, Clerk By: Date: BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~Y Meeting Date: Sept 19,2007 Division: Employee Services Bulk Item: Yes L No - Department: Benefits Office Staff Contact Person/Phone #: Teresa Aguiar X4458 AGENDA ITEM WORDING: Approval of agreement with Horizon Behavioral Services, Inc. to assume EAP services covered under the current contract due to the sale and purchase to Horizon by the current provider, The Allen Group. ITEM BACKGROUND: The Allen Group entered into a purchase and sale agreement on July 31, 2007 with Horizon Behavioral Services, Inc. Horizon will assume the responsibility and obligation for the performance of all the services to be performed under the current contract. PREVIOUS RELEVANT BOCC ACTION: On May 16,2007, the BOCC approved the contract with The Allen Group for EAP services for the period of June 1, 2007 - May 30, 2008. CONTRACT/AGREEMENT CHANGES: Transfer of contract from The Allen Group to Horizon Behavioral Services, Inc. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $40,667.40 yr BUDGETED: Yes -1L- No_ COST TO COUNTY: $40,667.40 yr SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes_fo LOUNTPERMONTII_ Year_ APPROVED BY: County Atty r 0 /purchasing _ Risk Management ~. DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 O,~~T.y ~o2~~E (-~ ---- BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 (305) 294-4641 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 Office of the Employee Services Division Director The Historic Gato Cigar F'actory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 . Fax TO: Board of County Commissioners DATE: August 28, 2007 FROM: Teresa E. Aguiar, #Y Employee Services Direc SUBJ: Assignment & Assumption Agreement of EAP Contract This item requests approval to consent to the assignment and assumption agreement of contracts by and between The Allen Group and Horizon Behavioral Services, Inc. On May 16,2007, the BOCC approved the contract with The Allen Group which became effective on June 1, 2007 for the purpose of providing professional services in the form of an Employee Assistance Program for the period of one year. Subsequently, on July 31, 2007 The Allen Group entered into a purchase and sale agreement with Horizon Behavioral Services, Inc. It is the recommendation that the County gives its consent to the Agreement between both parties and allow Horizon Behavioral Services, Inc. to assume the responsibilities and obligations set forth in the current contract with The Allen Group and to continue these services for the remainder of the contract period. If you have any questions on this item, please do not hesitate to contact me at X4458. - ASSIGNMENT AND ASSUMPTION AGRRRM'Ji'NT OF CONTRAc:J.' AND CONSENT OF MONROE COUNTY BOARD OF COUNTY COMMlSSJONER.~ TIllS ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRAcrs (this ';AgreementH) is made to be effective the 3IC! day of July, 2007, by and between The Allen Group, also known as The J.D. Allen Group ("Assignor"), and Horizon Behavioral Services, Inc.) a Delaware corporation qualified to do business in Horida (4Assignee"), WHEREAS, Assignor entered into a contract dated May 16, 2007, with the Monroe County Board of County COmmissioners, for provision of professional services in the form of an Employee Assistance Program (the "Contract"); and \"'HEREAS, subsequent to the date of the Contract, Assignor entered into an asset purchase and sale agreement with Assignee; and WHEREAS, Assignor desires to assign and transfer to Assignee all of its right, title and interest in and to the Contract, subject to the terms, conditions, representations, covenants and agreements set forth in this Agreement; and WHEREAS, Assignee desires to assume the responsibility and obligation for the performance of all the services and other matters to be performed under the Contract after the date hereof in accordance with the terms set forth herein; and WHEREAS, Assignee desires this Agreement to be made effective retroactive to July 31, 2007, to coincide with the date of the purchase and sale of Assignor to Assignee; and WHEREAS, the Monroe County Board of County Commissioners desires to give its consent to such Agreement. NOW, TIffiREFORE, in consideration of the mutual covenants and conditions set forth below, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, lIansfers and sets over to Assignee, its suc.cessors and assigns, all of its right, title and interest in, to and under the Contract, subject to the terms, <>:)Venants, agreemenls, representations and conditions thereof. 2. Acceptance. Assignee accepts the assignment of the Contract, agrees to be bound by all commitments and obligations required to be performed or complied and any liability directly caused by Assignee as a result of Assignee's defective performan<:e or compliance with such commitments and obligations, regardless of whether the work had been required to be performed by Assignor prior to the assignment; 3. Assi~ee' s Responsibiliti~. Within ten (10) days after execution of this Agreement by the County, tbe Assignee shall provide proof of the following in a form acceptable 1 to County, and said pr~entation shall be a precondition for any further obligations on part of County under this Agreement: a. Proof of insurance coverage as provided in Section 32 of the Contract, with Momoe County Board of County Commissioners, its employees and officials named as Additional Insured on aU policies except for Workers' Compensation; and b. Proof of an occupational license to do business in Monroe County, Florida. c. Proof of any professional licenses called for under the Contract. 4. Notice. Paragraph 8 of the Contract is amended to read as follows; Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaicl to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Employee Services Division Director 1100 Simonton Street, Suite 2-268 K.ey West, FL 33040 Tel. (305) 294-4641 Fax. (305)292-4564 To the CONTRACTOR: Horizon Behavioral Services, Inc. c/o The Allen Group 2965 W. State Road 434, Suite 200 Longwood, FL 32779 TeL 407-571-7600 or 800-272-7252 Fax. 407-862-1477 5. In all other respects, the Contract remains unchanged. (THE REMAINDRR OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 , IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed and effective as of the date above written. THE ALLEN GROUP ("ASSIGNOR") WITNESS FOR THEAUEN GROUP: ~" \\ t\~ (C)( D(l-) ~e(r By: -.J. 7~ "S " By; Print Name Print Name_ s~ ~ ":c-0\1'\~ @tii!ll~ nOJilL ~f.JOJIOI Signature Date HORIWN BERA VIORAL SERVICES, INC. WITNEsS FOR HORIZON BEHAVIORAL (H ASSIGNEE"') SERVICES. !Ne. Dy; AI t' By: -19J is h ~') \;, ()S;.JV) ""'" ,s'.t tIY''- Print Name I Print Name ..~ "-'''-- ~;~ ~; )~ll~ q/tfJcrr Signature Date 19nature CONSENT OF THE MONROE COUNTY BOARD OF COUNTy COMMISSIONF..R.~ TO ASSIGNMENT AND ASSUMPTIO~ The undersigned hereby consents to the fore~ Assignment and Assumption of the Contract, by and between Assignor and Assignee. Effective as of the 31ST day of July. 2001. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNI'Y. FLORIDA BY: Mario Di Gennaro, Mayor [SEAL] Date: ArrEST; DAANY L. KOHLAGE, CLERK By: Deputy Clerk 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/19/07 Division: Public Works Bulk Item: Yes -L No - Department: Solid Waste Management Staff Contact Penon/Pboae #: Carol A Cobb 305.292.4432 AGENDA ITEM WORDING: ReplattmeDt of Exhibit n of all for (4) existing franchise contracts to reflect Fiscal Year 2008 residential and commercial coUection rates. ITEM BACKGROUND: Compensation to all fnmcltitea for residential and commercial solid waste services will increase in Fiscal Year 2008 as a result of the rise in the Consnmer Price Index and/or unit COUIIt adjastmenti due them per existing contracts. PREVIOUS RELEVANT BOCC ACTION: Board approval of YISCaI Year 2008 Solid Waste M2n~t budget whidl includes resideatial coIIedioR compensation to fraachiseer, and Board approval of residential and commercial collection rates. CONTRACT/AGREEMENT CHANGES: The rate increase as lltated and the repIa(emeot of this exhibit only STAFF RECOMMENDATIONS: Approval TOTALCOST: N/A BUDGETED: Yes - No - Based on the approval of the Fiscal Year 2008 Budget COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes - NoX AMOUNT PER MONm_ Year - APPROVED BY: County Atty N/ A OMB/Pun:;basing N/ A Risk Management _ N/ A_ DOCUMENTATION: Included ~ Not Required_ DISPOSmON: AGENDA ITEM # Revised 11106 MEMORANDUM TO: Dent Pierce, Director Public Works t>Msion FROM: Carol A. Cobb, Sr. Administrator Solid Waste Management DATE: August 1, 2007 RE: RepIaecmcnt of Exhibit n in Franchise Agrccmenfs Endoscd is the agendG item for app'CMll of the rcpIcac:cment of Exhibit n in each of the four Franchise Agreements. ~ to all fNnchisees for rcsidcntio.l and commercial solid waste services win increase in Fiscal Year 2008 as Q result of the rise in the Consumer Price Index and/or unit count adjustmcn1s due fftem per existing eontrGcts. EXHIBIT II APPROVED RATE SCHEDULE Waste Management of Florida, Inc- FY 2007-2008 Approved Rates Residential Collection Rates (per unit) Services Curbside Service Solid Waste $12.07 (2x/wk) Recyeling $3.79 (lx/wk) Commercial Solid Waste, Commercial Re and Roll-Off Collection Rates Solid Waste Collection Rate $5.04 Rec elin Container Collection Rate $5.04 Com actor Collection Rate $15.19 ard Com actor Collection Rate eater than 12 cubic ards) $196.48 r ull Roll-Off Collection Rate $196.48 per pull MONTHL Y CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMP ACTING) SIZE (cubic yards) RATE w/out locking mechanism lYD $15.19 2YD $17.24 3YD $19.36 4YD $19.68 6YD $21.79 8YD $23.91 RECYCLING CONTAINERS 32 gal. $1.38 90 gal. $3.89 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. EXHIBIT II APPROVED RATE SCHEDULE Mid-Keys Waste, Inc. FY 2007-2008 Approved Rates Residential Collection Rates (oer unit) Services Curbside Service Solid Waste $11.31 (2x/wk) Recycling $ 3.66 (1x/wk) Commercial Solid Waste Commercial Rec c1in and Roll-Off Collection Rates Solid Waste Collection Rate $5.98 Rec clin Container Collection Rate $5.98 Co actor Collection Rate (12 cubic $18.01 Com actor Collection Rate eater than 12 cubic ards) $199.99 r ull Roll-Off Collection Rate $199.99 per pull MONTHL Y CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism lYD $15.46 2YD $17.56 3YD $19.91 4YD $20.02 6YD $22.18 8YD $24.34 RECYCLING CONTAINERS 32 gal. $1.41 90 gal. $3.96 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. EXHIBIT II APPROVED RATE SCHEDULE Keys Sanitary Service FY 2007-2008 Approved Rates Residential Collection Rates (per unit) Services Curbside Service Solid Waste $11.37 (2x1wk) Recycling $ 3.65 (1x1wk) Commercial Solid Waste, Commercial Rec c1in and Roll-Off Collection Rates Solid Waste Collection Rate $5.85 Rec clin Container Collection Rate $5.85 Co actor Collection Rate (12 cubic ards or less) $17.58 ard Com actor Collection Rate eater than 12 cubic ards $199.72 er ull RolI-Off Collection Rate $199.72 per pull MONTHL Y CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism lYD $15.44 2YD $17.53 3YD $19.68 4YD $19.99 6YD $22.15 8YD $24.30 RECYCLING CONTAINERS 32 gal. $1.41 90 gal. $3,96 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. EXHIBIT n APPROVED RATE SCHEDULE Ocean Reef Club, Ine. FY 2007-2008 Approved Rates Residential Collection Rates (ocr unit) Services Curbside Service Solid Waste $11.05 (2x/wk) Recycling $ 2.90 (lx/wk) Commercial Solid Waste, Commercial Re and Roll-Off Collection Rates Solid Waste Collection Rate $6.33 Rec clin Container Collection Rate $6.33 Com actor Collection Rate (12 cubic ards or less) $18.96 ard Com actor Collection Rate eater than 12 cubic ards $133.53 er ull Roll-Off Collection Rate $133.53 per pull MONTHL Y CONTAINER MAINTENANCE FEES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out lockin~ mechanism lYD $15.87 2YD $18.03 3YD $20.26 4YD $20.59 6YD $22.82 8YD $25.05 RECYCLING CONTAINERS 32 gal. $1.48 90 gal. $4.11 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation, BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/19/07 Division: Public Works Bulk Item: Yes ..x-. No - Department: Solid Waste Management Staff' Contact PersonIPhone #: Carol A. Cobb/ 305.292.4432 (x4432) AGENDA ITEM WORDING: Replacement o( Fee Schedules (or Consulting Agreement with SCS Engineers (or contract year 8/1/07 - 7/31/08 ITEM BACKGROUND: The language in the Consulting Agreement reads, "...might be adjusted annually...", rather than "...shall be adjusted annually...". Board approval is required (or all increases. PREVIOUS RELEVANT BOCC ACTION: Approval to advertise a Request (or Qualifications for General Consulting Engineer Services on 4/21/04; approval to negotiate a contract on 7/23/04; approval o( contract on 8/18/04; approval o( prior year increases on 4/18/07 CONTRACT/AGREEMENT CHANGES: Annual CPI increase only STAFF RECOMMENDATIONS: Approval TOTAL COST: undetermined; scope of work as needed BUDGETED: Yes X No - COST TO COUNTY: undetermined; scope of work as needed SOURCE OF FUNDS:414-40000- 530310 REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH_ Year - APPROVED BY: County Atty N/A OMBlPurchasing N/ A Risk Management _ N/ A DOCUMENTATION: Included X Not Required_ DISPOSmON: AGENDA ITEM # Revised 11106 MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Carol A. Cobb, Sr. Administrator t ae Solid Waste Management DATE: August 2, 2007 RE: SCS Fee Schedule Increase The fee schedule for SCS needs to be replaced to allow for the annual CPr increase; this year at 2.n. The language in the Consulting Agreement reads, .....might be adjusted annually..."; rather than .....shall be adjusted annually...". Board approval is required for all increases. SCS ENGINEERS STANDARD FEE SCHEDULE (Effective August 1, 2007 - July 31, 2008) i 1 Rate/Hour ($) I Project Director/Associate I 160 Senior Project Manager 138 Proiect ManaQer 127 Senior Project Professional 103 Senior Superintendent 97 Project Professional 90 I Designer 79 O&M Superintendent 74 Staff Professional 74 Senior Technician 69 Associate Staff Professional 61 Draftsperson 55 Technician 52 Office Services Manager 58 Secretarial/Clerical 46 The above chart represents an Increase of 2.7% per CPI.U for the most recent 12 months. Accepted: ~-Ie~ Date: P./~Jo7 , ( Raymond J. De er, PE, DEE, Vice President BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19,2007 Division: Public Works Bulk Item: Yes ~ No - Department: Facilities Maintenance Staff Contact Person:John W. King, 292-443 AGENDA ITEM WORDING: Approval to renew a contract with Evans Environmental & Geological Science & Management, LLC, (EE&G) for the beach cleaning, maintenance, & beautification of Higgs Beach. ITEM BACKGROUND: On October 1, 2007 the current contract with EE&G will expire. In accordance with Article 1.06(B) of the original contract dated September 21, 2005, and as renewed September 20, 2006, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the second option to renew. PREVIOUS RELEVANT BOCC ACTION: On September 21,2005, the BOCC approved award of Bid to EE&G for the beach cleaning, maintenance, and beautification of Higgs Beach. On September 20,2006, the BOCC approved the fIrst one-year renewal option. CONTRACT/AGREEMENT CHANGES: Renewal contract to commence October 1, 2007 and terminate September 30, 2008, with a CPI-U adjustment of 2.4% for a montWy increase of $182.70 bringing monthly payments from $7,612.31 to $7,795.01, the total annual amount from $91,347.75 to $93,540.12. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $93540.12 per year BUDGETED: Yes --L No - COST TO COUNTY: same SOURCE OF FUNDS: T.D.C. REVENUE PRODUCING: Yes - Noll AMOUNT PER MONTH Year APPROVED BY: County Atty & OMB/Purchasing Risk Managemen(fld:. DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 ME M 0 RAND UM DATE: August 20, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - September 19, 2007 BOCC Meeting Marathon Government Center/ Evans Environmental & Geological Science & Management, LLC On September 30, 2007, the current contract with EE&G will expire. In accordance with Article 1.06(B) ofthe original contract dated September 21,2005, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the second option to renew. On September 1, 2005, the BOCC approved award of Bid to EE&G for the beach cleaning, maintenance, and beautification of Higgs Beach, and on September 20, 2006, the contract was renewed for the first one-year renewal option. I hereby request approval to renew a contract with Evans Environmental & Geological Science & Management, LLC, (EE&G) for the beach cleaning, maintenance, & beautification of Higgs Beach. JWK/jbw Enclosures EE~G 14505 Commerce Way, Suite 400 Miarni Lakes, Florida 33016 Tel: (305) 374-8300 Evans Environmental & Geological Science & Management, LLC Fax: (305) 374-9004 August 22, 2007 Project No.: 2005-1641 Ms. Jo B. Walters, Contract Monitor Monroe County Public Works Division Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, Florida 33040 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Subject: Contract Renewal Professional Beach Cleaning and beautification at Higgs Beach Key West, Monroe County Dear Ms. Walters: Evans Environmental & Geological Science & Management, LLC (EE&G) has prepared this correspondence in response to your e-mail dated August 22, 2007. EE&G kindly appreciates the opportunity to continue this project. EE&G also wishes to increase the contract to include the consumer price index (CPI) for all urban users. The CPI was noted as 2.4 % in the most recent CPI release, dated August 15, 2007 (provided as an Attachment.) Based on this figure, the increase to the original contract of $91,347.75 will be $2,192.34. Therefore, this year's contract will be for a total of $93,540.09. The monthly amount of the contract effective October 1, 2007 will increase $182.70 from $7,612.31 to $7,795.01. The Staging Area across from Higgs Beach has been utilized during this project for the storage of beach cleaning equipment, which EE&G greatly appreciates and which has been a part to the success of this project. EE&G would kindly request continued usage of this Staging Area so that EE&G can to continue to provide its service to the county for the quoted price. Thank you once again for the opportunity to continue to provide you with our services. If you have any questions or comments, or require any additional information, please do not hesitate in contacting me. Timothy R. Gipe President EE&G TRG:trg Attachment - CPllnformation MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: EE&G Contract #_ Effective Date: 10/01/07 Expiration Date: 09/30108 Contract Puroose/Description: [Xercise secondoftwo one-year options to renew contract for professional beach cleaning, _maintenance and beautification at Higgs Beach, Key West, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $ 93,540.12 Current Year Portion: $ 0.00 Budgeted? Yes[gj NoD Account Codes: 77040-530460- T08Ml 02X- - -- Grant: $ NIA - - - - ----- County Match: $ NIA - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out ~n Nreded ~ - Division Director (, 0: YesD NoD. ,~ ~ ( 0 'I Risk Mantment g.Q(ro7 YesDNo0' . ?d567 6~ ~~~'I\ ~ ~~ .M.B./Purchasing <3' -1$ <Jt YesD No g' ~ County Attorney ~,. YesDNo~ ~~1-.M ~ '}.1/01- Comments: OMB Form Revised 2/27/0 I MCP #2 CONTRACT RENEWAL (Professional Beach Cleaning, Maintenance & Beautification, Higgs Beach Key West, Monroe County, Florida) THIS CONTRACT RENEWAL is made and entered into this day of , 2007, between the MONROE COUNTY (hereinafter called "Owner") and EVANS ENVIRONMENTAL & GEOLOGICAL SCIENCE & MANAGEMENT, LLC. (hereinafter called "Contractor"), in order to renew the agreement between the parties dated September 21, 2005, and renewed September 20, 2006 (copies of which are incorporated hereto by reference); as follows: I. In accordance with Article 1.06(B) of the original contract dated September 21,2005, Owner will (a) exercise the second of two renewal options, and (b) adjust the contract amount in accordance with the percentage change of 2.4% of the Consumer Price Index for all urban consumers (CPI-V) for the most recent twelve months available. The monthly amount of the contract effective October 1, 2007 will increase $182.70 from $7,612.31 to $7,795.01. 2. The renewed contract shall commence on October I, 2007, and will expire on September 30, 2008. 3. In all other respects, the original agreement dated September 21, 2005, and as renewed September 20,2006 remain in full force and effect. IN WIlNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor Mario Di Gennaro Date: Date: RONMENTAL & GEOLOGICAL (SEAL ) MANAGEMENT, LLC. Attest: ~~ By: Timothy Gipe, President/CEO Signature Print Name Date: 08 kG h&o7 Date: 08/22/2007 I t MONROE COUNTY ATTORNEY ~!f.~ NTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date B- d.1- - ()-=I- CONTRACT RENEWAL (Professional Beach Cleaning, Maintenance & Beautification, Higgs Beach Key West, Monroe County, Florida) ),)J)S CONTRACT RENEWAL is made and entered into this dO ~ day of J;;J;;..^- , 2006, between the MONROE COUNTY (hereinafter sometimes called "Owner") and EV ANS ENVIRONMENTAL & GEOLOGICAL SCIENCE & MANAGEMENT, LLC. (hereinafter called "Contractor"), in order to renew the agreement between the parties dated September 21, 2005, (a copy of which is incorporated hereto by reference); as follows: 1. Owner will exercise the first of two renewal options in accordance to Artic1e1.06 (B) of the original contract dated September 21,2005, and adjust the contract amount in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 2. The renewed contract shall commence on October 1, 2006, and will expire on September 30, 2007. 3. In all other respects, the original agreement dated September 21, 2005 remains in full force and effect. ...., fNES . .:t: ~ g -/1 IN WI' S WHEREOF, the partIes have hereunto set their hands and se~ da~ r i-r1 and year first written above. ~(")::: ~ .""'} '...- 1''\ ';-< -" c). r I 0 c.') <"') . \D :'~l c-=: ~ ::~~':: 7J :...: ~.J ,'"" :z=- -t c'\ ~= :x ,'-'I Attest: Danny L. Kolhage, Clerk BOARD OF C01Y COMMISSJONEi$';, n \D 0 .7 ~ I OF MONROE CO i/;ry, FLORIDA ~ f\ .. ;'''J 0 CI N a.~~ ..-........k p.c.. By: I , Mayor Charles Sonny" McCoy Witness: ~ MENTAL & GEOLOGICAL AGEMENT, LLC. t Of Witness: ~~atd) II Int) fI, r R.. c: ire- MONROE COUNTY ATTORNEY APPROVED AS T~RM: ~ /7 N TILEENE W. CAs;EL ASSISTANT COUNTY ATTORNEY Date '1- /-t!>; CONTRACT THIS AGREEMENT, made and entered into this 21 st day of September, 2005, A.D., by and between MONROE COUNTY, FLORIDA , (hereinafter sometimes call the "owner"), and Evans Environmental & Geological Science & Management. LLC (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1.01 THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents, as specified in paragraph 2. 1.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all permitting, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 1.03 SCOPE OF THE WORK The Contractor shall provide all necessary supplies and equipment required in the perfonnance of same, and perfonn all of the work described in the specifications, and as entitled: c 5i .. - .."I... 0 ::.dC;: (""') 0". --t n1 :7: - 1~ U1 And his bid dated June 28.2005, incorporated by reference as part of this contract document. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 1.04 THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said services on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for beach cleaning, maintenance, and beautification perfonned under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) must be invoiced s follows: $7.312.50 per month regular hours seven -days per week (including equipment costs & dumping) $ See bid per hour emergencies (ex. Post-hurricanes, including equipment costs & dumping fees) 1.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the site and has made investigations to fully satisfy himself that such site is correct and a suitable one for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be fmal and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 1.06 TERM OF CONTRACTIRENEW AL A. This contract shall be for a period of one (1) year, commencing October 1. 2005, and terminating September 30. 2006. B. The Owner shall have the option to renew this agreement with 30 days notice to contractor prior to the end of the term. This option may be exercised twice for one year terms. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 1.07 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The fIrst ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnifIcation provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. 1.08 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to fInd the contractor or any of hislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.09 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.10 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services/goods of the contractor. 1.11 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to tenninate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. The contractor shall comply with Monroe County Code Sections 13-61 through 13-67 concerning the Protection of Sea Turtles. 1.12 INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability - include as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $50,000 Property Damage. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of 48 months following tennination or expiration of the Contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability - include as a minimum: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. Workers Compensation -limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. D. Pollution Liability - The minimum limits ofIiability shall be: $1,000,000 per Occurrenct/$2,OOO,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) year will be required. 1.13 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or be mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 1.14 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 1.15 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY FOR CONTRACTOR Monroe County Facilities Maintenance E.E.&G. 3583 S. Roosevelt Blvd. 14505 Commerce Way, Suite 400 Key West, FL 33040 Miami Lakes, FL 33016 1.16 CANCELLATION A) In the event that the contractor shall be found to be negligent in any aspect of operation maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 1.17 GOVERNING LAWS Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretation of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 1.18 RECORDKEEPING Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 1.19 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 1.20 ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 1.21 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 1.22 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Corporate action, as required by law. 1.23 CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 1.24 ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 1.25 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 1.26 NONDISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 1.27 COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1.28 CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 1.29 NO SOLICITATION/PA YMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1.30 PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 1.31 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 1.32 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers agents or employees of any of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside the territorial limits of the County. 1.33 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by and participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 1.34 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the tenns, or any of them, of the Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 1.35 ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, An Ethics Statement, and a Drug-Free Workplace Statement. 1.36 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 1.37 EXECUTION ON COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument any of the parties hereto may execute this Agreement by signing any such counterpart. 1.38 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 1.39 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe county Board of County Commissioners. 1.40 SPECIFICATIONS The required services to be performed by the Contractor shall be to clean and maintain the entire length and width of the designated public beach areas from the waters edge to the curb line or nearest edge of the pavement of the public road nearest to and paralleling the beach area including the area between the White Street Pier and West Martello Towers, seven days per week, weather and/or environmental conditions permitting. See Exhibit "A" attached for a map detailing the beach cleaning area dimensions. Cleaning and maintaining includes daily seaweed and trash removal by the contractor. Proper disposal of seaweed shall be the contractor's responsibility. Cleaning and maintaining of the beach area is to be completed by 9:30 a.m. Higgs Beach must be cleaned using the Beach Tech 3000 machine or an equivalent (to be determined by the department head). The contractor shall maintain all work areas within and outside the project boundaries free from any environmental pollution which would be in violation of any federal, state, or local regulations. All debris, trash and seagrass removed from the beach shall be properly disposed of at an approved landfill and/or transfer station. The contractor shall provide copies of all dump tickets with the monthly invoice for the County's records. Work is likely to be influenced by the tides. The tides can have an effect on the timing and work schedule. No extra claims shall be made for the tides or for other natural weather conditions. The Contractor will coordinate the beach cleaning action with the FDEP, Office of Beaches & Coastal Systems, to ensure that the expertise and overall desires of the Department with respect to beaches and shores are included in the everyday cleaning operation, all in accordance with the requirements of Chapter 161, Florida Statues. The Contractor shall obtain and maintain all necessary permits and approvals and shall comply with all federal, state and local laws and regulations concerning the subject matter of the Contract Documents. Alert: The Monroe County Board of County Commissioners has beach cleaning regulations in the Monroe County Code, Chapter 13, Article IV, regarding protection of sea turtles (attached). The Contractor shall use its best efforts to observe and to immediately notify the Sr. Director of Lower Keys Operations of any sea turtle nesting, attempted nesting or crawl activity in the contracted areas. The Contractor shall also coordinate and cooperate with State Agencies and sea turtle conservation groups during turtle nesting season. No beach cleaning activities shall take place during April 15 through October 31 until Save-a- Turtle representatives and/or the Contractors Certified Turtle Inspector, have walked the beaches. Mechanized Equipment: Each vehicle utilized on the beaches shall have sufficient lights to illuminate its working area. Each vehicle utilized on the beach shall be identified by a registration number, which has been assigned by the State of Florida. All mechanized equipment that will be transporting debris, trash, litter, seaweed, sand, and refuse to a disposal site, or to and from the beach areas, shall be registered with the Florida Department of Highway Safety and Motor Vehicles, and shall be enclosed or completely covered to prevent discharge. All vehicles transporting debris or equipment shall travel along major arterial roads. Residential roads or streets may not be used, except where no other means of ingress and egress are available. The Contractor shall submit technical data of all beach cleaning equipment for review and approval by the Sr. Director of Lower Keys Operations. The cleaning process should not remove significant amounts of sand from the beach. Debris, Trash and Litter Removal: A. Debris, trash and litter removal, wood, plastic, glass, paper, tar, pine needles, palm fronds, coconuts, tree limbs, metal objects and other forms of debris, trash and litter deposited on the beach by the ocean or by bather usage, shall be raked up and removed to the disposal site on a daily basis. B. Trash Removal: Fixed or mobile trash containers of any nature; round, square, wood, or metal, provided by the County that are located anywhere on the sand and seaward of the curb or edge of the pavement of the nearest road paralleling the Beach area, shall be emptied and hauled to disposal site on a daily basis. C. Trash floating in the water behind seaweed shall also be removed. Seagrass: The Contractor shall rake up all seagrass including the tide level strand line whenever located on the beaches and haul it to the disposal site. The Contractor is responsible for disposing of seaweed in such a manner which would not be in violation of any federal, state, or local regulations. When seaweed rack is greater than 10" in depth, the contractor shall use an initial cleaning method to supplement the final Beach Tech cleaning. Emergency Services: The County Sr. Director of Lower Keys Operations shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notify the Sr. Director of Lower Keys Operations at 292-4431 immediately in the event of a facility emergency. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County. The Contractor shall invoice the County for after-hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract. Hazard Management: The Contractor agrees to provide such hazard management services as the Owner's representative may request. The Contractor agrees to be available for the performing of such services on an emergency basis and shall respond to the request for the correction of such hazardous conditions, within a 24 hour period, such services shall be at additional hourly costs as established by the Bid Proposal, and include, but are not limited to, the shoring of eroding and deteriorated walkways by moving fill into place around them, grading storm-cut escarpments and removing threatening debris. Foreign material in excess of one ton which must be lifted at once is excluded from the Contractor's responsibility. Protection of Air Quality The air pollution likely to occur due to construction operations shall be minimized by, requiring the use of properly operating combustion emission control devices on construction vehicles and equipment used by contractors, and by encouraging the shutdown of motorized equipment not actually in use. Trash burning will not be permitted on the constructions site. Erosion Control and Beach Repair: The Contractor shall possess equipment capable of providing certain beach repairs and erosion control measures. The beach is from time to time in need of certain measures for erosion control and repair and, accordingly, the Contractor agrees to provide the following services to the extent of reasonable capability: A. Backfilling of washouts, particularly at the foot of any stairs or entrance ways. B. Grading of excess sand deposits. C. Grading of deep sand furrows and escarpments to a more easily navigated slope. D. Adding sand to and grading around beach structures. E. Spreading sand provided by the County to replenish sand loss due to storms and/or erosion. F. Periodic placing and spreading sand on the beaches as directed by the Sr. Director of Lower Keys Operations. Erosion Control: The Contractor agrees to maintain the contour of the Beaches against further wave action, and to maximize the usable sandy portion of the beach for recreational enjoyment. Hurricane Conditions: In the event a hurricane, major storm, or act of God deposits unusual and excessive amounts of material on the beach, and the Owner's representative reasonably agrees that such deposits are indeed excessive, the Contractor shall respond to the owners request within twenty-four hours of notification Attorney's Fees: In the event suit is brought by either party relative to this Agreement, the prevailing party shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to reasonable attorney's fees. The venue for any dispute concerning this agreement shall be in Monroe County, Florida. Submittals: Submittals are required for the following: a. Beach Tech 3000 or equivalent (as approved by the Sr. Director)- data sheets b. Schedule c. Florida Department of Environmental Protection, Office of Beaches & Coastal Systems Beach Cleaning Permit d. Front End Loader with long pronged bucket e. Dump Truck f. Beach tilling contractor and equipment g. Seaweed disposal plan IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or acco~ the other counterparts, be deemed an original contract. ",<~~~': .:.:': ":~"/';:;"-'->1 r..);?:- ~'" {,sEAL}: r~:~'~.~\'~'~\ BOARD OF COUNTY COMMISSIONERS Attest:qANN:y~t,~OLHAGE, CLERK OF MONROE COUNTY, FLOIDA llx,cqj~i.@iJ~ By:~;a >n ~ ';>, .,' " 'Deputy Cler Mayor/Chairman Date: (}'1 - Ol 8 - 6..5 (SEAL) Attest~ By: WITNESS Tile: ~(K~ Title: ~"'k-hr')7 G-.rdtn-r-A-v. ./~.-. ~~ By: " WrrnESS Title: ~oltf;.t'A,,~ &at/-K MONROE COUNTY ATTORNEY APPRO 0 AS. TO FORM: , CONTRACT SPECIFICATIONS Beach cleaning, maintenance, and beautification included in these specifications is located at Higgs Beach, Monroe County, Key West, Florida. 1. Required Senrices: The required services to be performed by the Contractor shall be to clean and maintain the entire length and width of the designated public beach areas from the waters edge to the curb line or nearest edge of the pavement of the public road nearest to and paralleling the beach area including the area between the White Street Pier and West Martello Towers, seven days per week, weather and/or environmental conditions permitting. See Exhibit "A" attached for a map detailing the beach cleaning area dimensions. Cleaning and maintaining includes daily seaweed and trash removal by the contractor. Proper disposal of seaweed shall be the contractor's responsibility. Cleaning and maintaining of the beach area is to be completed by 9:30 a.m. Higgs Beach must be cleaned using the Beach Tech 3000 machine or an equivalent (to be detennined by the department head). The contractor shall maintain all work areas within and outside the project boundaries free from any environmental pollution which would be in violation of any federal, state, or local regulations. All debris, trash and seagrass removed from the beach shall be properly disposed of at an approved landfill and/or transfer station. The contractor shall provide copies of all dump tickets with the monthly invoice for the County's records. Work is likely to be influenced by the tides. The tides can have an effect on the timing and work schedule. No extra claims shall be made for the tides or for other natural weather conditions. The Contractor will coordinate the beach cleaning action with the FDEP, Office of Beaches & Coastal Systems, to ensure that the expertise and overall desires of the Department with respect to beaches and shores are included in the everyday cleaning operation, all in accordance with the requirements of Chapter 161, Florida Statues. The Contractor shall obtain and maintain all necessary permits and approvals and shall comply with all federal, state and local laws and regulations concerning the subject matter of the Contract Documents. 2. Alert: The Monroe County Board of County Commissioners has beach cleaning regulations in the Monroe County Code, Chapter 13, Article IV, regarding protection of sea turtles (attached). The Contractor shall use its best efforts to observe and to immediately notify the Sr. Director of Lower Keys Operations of any sea turtle nesting, attempted nesting or crawl activity in the contracted areas. The Contractor shall also coordinate and cooperate with State Agencies and sea turtle conservation groups during turtle nesting season. No beach cleaning activities shall take place during April 15 through October 31 until Save-a- Turtle representatives and/or the Contractors Certified Turtle Inspector, have walked the beaches. 3. Mechanized Equipment: Each vehicle utilized on the beaches shall have sufficient lights to illuminate its working area. Each vehicle utilized on the beach shall be identified by a registration nwnber, which has been assigned by the State of Florida. All mechanized equipment that will be transporting debris, trash, litter, seaweed, san~ and refuse to a disposal site, or to and from the beach areas, shall be registered with the Florida Department of Highway Safety and Motor Vehicles, and shall be enclosed or completely covered to prevent discharge. All vehicles transporting debris or equipment shall travel along major arterial roads. Residential roads or streets may not be used, except where no other means of ingress and egress are available. The Contractor shall submit technical data of all beach cleaning equipment for review and approval by the Sr. Director of Lower Keys Operations. The cleaning process should not remove significant amounts of sand from the beach. 4. Debris, Trash and Litter Removal: A. Debris, trash and litter removal, wood, plastic, glass, paper, tar, pine needles, palm fronds, coconuts, tree limbs, metal objects and other fonns of debris, trash and litter deposited on the beach by the ocean or by bather usage, shall be raked up and removed to the disposal site on a daily basis. B. Trash Removal: Fixed or mobile trash containers of any nature; round, square, wood, or metal, provided by the County that are located anywhere on the sand and seaward of the curb or edge of the pavement of the nearest road paralleling the Beach area, shall be emptied and hauled to disposal site on a daily basis. C. Trash floating in the water behind seaweed shall also be removed. 5. Seagrass: The Contractor shall rake up all seagrass including the tide level strand line whenever located on the beaches and haul it to the disposal site. The Contractor is responsible for disposing of seaweed in such a manner which would not be in violation of any federal, state, or local regulations. When seaweed rack is greater than 10" in depth, the contractor shall use an initial cleaning method to supplement the final Beach Tech cleaning. 6. Emergency Services: The County Sr. Director of Lower Keys Operations shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notifY the Sr. Director of Lower Keys Operations at 292-4431 immediately in the event of a facility emergency. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County. The Contractor shall invoice the County for after-hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract. 7. Hazard Management: The Contractor agrees to provide such hazard management services as the Owner's representative may request. The Contractor agrees to be available for the performing of such services on an emergency basis and shall respond to the request for the correction of such hazardous conditions, within a 24 hour period, such services shall be at additional hourly costs as established by the Bid Proposal, and include, but are not limited to, the shoring of eroding and deteriorated walkways by moving fill into place around them, grading storm-cut escarpments and removing threatening debris. Foreign material in excess of one ton which must be lifted at once is excluded from the Contractor's responsibility. 8. Protection of Air Quality The air pollution likely to occur due to construction operations shall be minimized by, requiring the use of properly operating combustion emission control devices on construction vehicles and equipment used by contractors, and by encouraging the shutdown of motorized equipment not actually in use. Trash burning will not be permitted on the constructions site. 9. Erosion Control and Beach Repair: The Contractor shall possess equipment capable of providing certain beach repairs and erosion control measures. The beach is from time to time in need of certain measures for erosion control and repair and, accordingly, the Contractor agrees to provide the following services to the extent of reasonable capability: A. Backfilling of washouts, particularly at the foot of any stairs or entrance ways. B. Grading of excess sand deposits. C. Grading of deep sand furrows and escarpments to a more easily navigated slope. D. Adding sand to and grading around beach structures. E. Spreading sand provided by the County to replenish sand loss due to storms and/or erosion. F. Periodic placing and spreading sand on the beaches as directed by the Sr. Director of Lower Keys Operations. 10. Erosion Control: The Contractor agrees to maintain the contour of the Beaches against further wave action, and to maximize the usable sandy portion of the beach for recreational enjoyment. 11. Hurricane Conditions: In the event a hurricane, major storm, or act of God deposits unusual and excessive amounts of material on the beach, and the Owner's representative reasonably agrees that such deposits are indeed excessive, the Contractor shall respond to the owners request within twenty-four hours of notification . 12. Attorney's Fees: In the event suit is brought by either party relative to this Agreement, the prevailing party shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to reasonable attorney's fees. The venue for any dispute concerning this agreement shall be in Monroe County, Florida. 13. Submittals: Submittals are required for the following: a. Beach Tech 3000 or equivalent (as approved by the Sr. Director)- data sheets b. Schedule c. Florida Department of Environmental Protection, Office of Beaches & Coastal Systems Beach Cleaning Permit d. Front End Loader with long pronged bucket e. Dump Truck f. Beach tilling contractor and equipment g. Seaweed disposal plan Sec. 13-61. Definitions. (a) Adjacent waters means waters abutting a nesting area and extending three hundred (300) feet to either side of it, and out to either three hundred (300) yards offshore or the limits of the property line, whichever is further. (b) Artificial light or artificial lighting means the light emanating from any man-made or man-controlled device. (c) Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of pennanent vegetation, usually the effective limit of stonn waves. (d) Beach berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and molluscs. The benn may include forested, coastal ridges and may be colonized by hammock vegetation. (e) Bug type bulb means any yellow colored incandescent light bulb, not to exceed twenty-five (25) watts, that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light. (f) Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach. (g) Daylight hours means the locally effective time period between sunrise and sunset (h) Hatchling means any species of marine turtle, within or outside of a nest, that bas recently hatched from an egg. (i) Indirectly illuminated means illuminated as a result of the glowing element( s), lamp( s), globe( s), or reflector(s) of an artificial light source, which source is not directly visible to an observer on the beach. (j) Jurisdictional boundaries, sea turtle protection, means the area on contiguous land within three hundred (300) feet of an identified or potential nesting area. (k) Mechanical beach cleaning means any mechanical means by which debris, including but not restricted to trash, litter, seaweed or seagrass wrack, is removed from the beach. (I) Nest means the area in and around a place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach. (m) Nesting area means both identified nesting areas and potential nesting areas. (n) Nesting area, identified means any area where sea turtles bave been or are currently nesting, and the adjacent beach or other intertidal areas used for access by the turtles. (0) Nesting area, potential means any area where sea turtle crawls have been observed. (p) Nesting season means the period from April 15 through October 31 of each year. (q) Permitted agent of the state means any qualified individual, group or organization possessing a pennit from the Department of Environmental Protection to conduct activities related to sea turtle protection and conservation. (r) Sea turtle(s) means any specimen belonging to the species Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), Dennochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle) or any other marine turtle using Monroe County beaches as a nesting habitat. (s) Tinted glass means any glass which: (a) bas been treated to achieve an industry-approved, inside-to- outside light transmittance value of forty-five (45) percent or less (such transmittance is measW'ed as the percentage of visible light that is transmitted through the glass); (b) has a minimum five (5) year warranty for the level of light transmittance specified in (a) above; and (c) has perfonnance claims which are supported by approved testing procedures and documentation. (Ord. No. 8-1994, ~ 1; Ord. No. 10-1998, ~ 1, 3-Il-98) Sec. 13-62. Prohibition of activities disruptive to sea turtles. (a) Prohibition of horseback riding, campfires, and vehicular traffic. Horseback riding and campfires shall be prohibited on nesting areas during the nesting season. Vehicular traffic shall also be prohibited on nesting areas during the nesting season except for emergency and law enforcement vehicles, vehicles pennitted on the beach for marine turtle conservation or research, or vehicles used for beach cleaning in compliance with section 13-65, Standards for mechanical beach cleaning. (b) Prohibiting storage or placement of any material in the nesting area. The storage or placement of any material such as but not limited to construction material, rip-rap, trash and debris, mulch or other organic material, landscaping material, fill, vehicles, or boats, that has potential to impede movement of hatchlings or adults between ocean and nesting areas, or that may cover existing nests or nesting sites is strictly prohibited. (c) Development. All development shall be set back a minimum of fifty (50) feet from any area which serves as an active or potential nesting area for marine turtles. The fifty (50) foot setback wilJ be measured from the landward toe of the most landward beach benn or from fifty (50) feet landward of mean high water (MHW), whichever results in the smaller total setback. The maximum total setback shall be one hundred (loa) feet from MHW. (Ord. No. 8- I 994, ~ 2; Old. No. 10- I 998, ~ 1, 3- I 1-98) Sec. 13-63. Standards for exterior artificial lighting. To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, the following measures shall be taken to reduce or eliminate the negative effects of new or existing artificial lighting: (a) Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed, positioned, modified, or removed so that: (1) The point source of light or any reflective surface of the light fixture is not directly visible from the beach. (2) The area within the jurisdictional boundaries is not directly, or indirectly illuminated. (3) The area within the jurisdictional boundaries is not cumulatively iJIuminated. (b) Measures such as but not limited to the following shaH be taken to reduce or eliminate the negative effects of new or existing artificial beachfront lighting through appropriate design: (1) Positioning of fixtures so that the point source of light or any reflective surface of the light fixture is eliminated or is no longer visible from the beach. (2) Replacement of fixtures having an exposed light source with fixtures containing recessed light sources or shields. (3) Replacement of traditional light bulbs with yellow bug type bulbs not exceeding twenty-five (25) watts or low-pressure sodium vapor lamps. (4) Replacement of non directional fixtures with completely shielded directional fixtures that point down and away from the beach. (5) Replacement offlxture having transparent of translucent coverings with fixtures having opaque shields covering an arc ofat least one hundred eighty (180) degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach. (6) Replacement of pole lamps with low-profile, low-level luminaries no higher than forty-eight (48) inches off the ground such as low-mounted wall fixtures, low boUards, and ground-level fixtures, so that the light source or any reflective surface of the light fixture is not visible from the beach. (7) Replacement of incandescent, fluorescent, and high-intensity lighting with the lowest wattage low- pressure sodium vapor lighting possible for the specific application. (8) Planting or improvement of landscape vegetation in compliance with the land development regulations (chapter 9.5-345 environmental design criteria) between the light source and the beach to screen light from the beach. (9) Construction of ground level barriers in compliance with the land development regulations (chapter 9.5-345 Environmental design criteria) to shield light sources from the beach. (10) Limitation of exterior lights used expressly for safety or security purposes. Any such lighting allowed must conform to the measures set forth in this section in order to reduce or eliminate negative effects on sea turtles. (II) Pennanent removal of aU floodlights, uplights, or spotlights used for decorative or accent purposes. (12) Pennanent removal or disabling of any fixture which C8nnot be brought into compliance with the provisions of these standards. (13) Shielding or modification of any existing lighted sign pursuant to the land development regulations (chapter 9.5-345 environmental design criteria) such that it is not directly visible from the beach. (Ord. No. 8-1994, ~ 3; Old. No. 10-1998, ~ 1,3-11-98) Sec. 13-64. Standards for interior artificial lighting. To prevent interior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season. measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new or existing interior light emanating from doors and windows: (a) Interior artificial lighting within direct line-of-sight of the beach shall be designed, positioned, modified, or removed so that: (1) The point source of light or any reflective surface of the light fixture is not directly visible from the beach. (2) The area within the jurisdictional boundaries is not directly or indirectly illuminated. (3) The area within the jurisdictional boundaries is not cumulatively illuminated. (b) Measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new or existing interior beachfront lighting through appropriate design: (1) Use of window treatments such as blackout draperies, shade-screens or blinds to shield interior lights from the beach. (2) Installation of new windows which meet the standards for tinted glass or, for existing windows, an application of window tint or film that meets the standards for tinted glass. (3) Turning off all unnecessary interior lights. (4) Arrangement of lamps and other moveable light fixtures away from windows. (5) Appropriate interior design to eliminate overhead lighting which could illuminate the nesting beach. (6) For new construction within line of sight of the beach, tinted glass shall be installed on all windows and glass doors of single-or multi-story structures. (Ord. No. 8-1994, ~ 4; Ord. No. 10-1998, ~ 1,3-11-98) Sec. 13-65. Standards for mechanical beach cleaning. All mechanical beach cleaning activities designed to remove debris from the beach or redistribute debris on the beach through the use of motorized vehicles or other mechanical means shall comply with the following standards: (a) Timing: Beach cleaning shall be confined to daylight hours during the nesting season. (b) Mode of operations: During the nesting season (April 15 through October 31): (1) Beach cleaning operations shall be limited to the area seaward of the strand line (previous high tide mark). (2) Light-weight motorized vehicles having wide, low-profile, low-pressure tires, or hand raking shall be used to conduct beach cleaning operations. (3) Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate beach substrate by more than two (2) inches. (4) Operators shall be educated to identity a sea turtle crawl (turtle tracks), recognize and avoid a sea turtle nest, report nests and/or crawls to a permitted agent of the state. (5) All excess raked material must be removed from the beach and disposed of properly or stored in an upland area as approved by the director of environmental resources. With special approval from the director of environmental resources and the state department of environmental protection, limited quantities of organic material may be incorporated into the substrate in order to enhance the beachlberm system. (c) Coordination of beach cleaning operations with state-sanctioned scientific studies. All beach cleaning operations shall be coordinated through the state to ensure that these operations do not interfere with state-sanctioned scientific studies or surveys of sea turtle nesting activities. (d) Authorization. Any person performing mechanical beach cleaning must have a current permit from the Florida Department of Environmental Protection for the area being cleaned. (Ord. No. 8-1994, ~ 5; Ord. No. 10-1998, ~ 1,3-11-98) Sec. 13-66. Protection from predation. (a) No predatory pets or pets likely to have a potential for being disruptive or damaging to nesting turtles, hatchlings, or nests shall be allowed to roam loose and unsupervised within the jurisdictional boundaries during the nesting season. Such pets include but are not limited to dogs, cats, snakes, lizards or iguanas, ferrets and pigs. (b) Feeding of raccoons, opossums and other wild animals within the jurisdictional boundaries is prohibited. (Ord. No. 8-1994, ~ 6; Ord. No. 10-1998, ~ 1,3-11-98) Sec. 13-67. Penalty. (a) Violations of this article may be prosecuted in the same manner as misdemeanors are prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or both such fine and imprisonment. Violations may also be prosecuted through proceedings before the Monroe County Code Enforcement Board, or pursuant to chapter 76-435, Laws of Florida [App. A, art. V, div. 3], or through any other lawfully available means including civil and injunctive relief. (b) The property owner and, where applicable, the designee, agent, tenant, lessee, or assignee, shall each be held responsible for adherence to Article IV, Protection of Sea Turtles. (Ord. No. 8-1994, ~ 7; Ord. No. 10-1998, ~ 1,3-11-98) Secs. 13-68--13-80. Reserved. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19,2007 Division: Public Works Bulk Item: Yes -L No - Department: Facilities Maintenance Staff Contact Person:John W. King, 292-4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with DeckTight Roofmg Services, Inc. to replace the roof at the May Hill Russell Library in Key West. ITEM BACKGROUND: A request for bids for replacement of the library roof was published for a July 2007 bid opening. On July 10, 2007, eight bids were received, including a bid by DeckTight Roofmg Services with a base price of $386,887.55, and a cost for possible additional materials (substrate) in the amount of$15.00 per board foot - Wood, and $500.00 per cubic foot - Concrete; and (8) National Roofing of South Florida - $263,000.00, $6.50 per board foot - Wood, and $60.00 per cubic foot - Concrete. Upon review by the Architect, mbilk2m, and staff, DeckTight Roofing Services is the recommended bidder. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $386,887.55 base price. BUDGETED: Yes -1L No - Additional materials: $15.00 per board foot - Wood; $500.00 per cubic foot - concrete Acct. 304-25000-560620-CC0602-530340 COST TO COUNTY: same SOURCE OF FUNDS: Infrastructure Sales Tax REVENUE PRODUCING: Yes - Noll AMOUNT PER MONTH_ Year APPROVED BY: County Ally ~ OMB/Purchasing _ Risk Managemeni\11 ~ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 ~ L .... .... VI C c( .~ Q CI .... '1J . ~ W ~] - I- ~ .- o <( 0) ~~ ...I 0:::: .j...I 0) L 0 U. I- 0).& 0) ~ 0) ~ 0) 0 x. .j...I 0) .j...I u .j...I L...j...I ~ VI L...:"' Ul 0) L.. ...... 0) ...... cO)...... U O)L.. A' ~ r- CO L.. U.....L.......O L.......C "'E ,It. -.. "0 U C 0 U 0 U "0 "0 U 0 0 "0 Uc ..0 ._ V6 ~ OC"OOOCO 0 OCO 0 ~.... 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U .j...I - U ro Ul>- Ul Ul L...- ~ >'- ~ L..I :J I- a. ....... ~ L.... - Z .5 0 .. Lu ..... en 0 .... 0 .....~ VI .. 0 .. U) ~ E 0 ~ ~ b ~ ..2 W 0. It: ti:: VI 0 0 ~ en tIl-g LO L.. ...I Ul :J -5 0 .~ U 0:::: 0 tE ~~....\.) 8 ... w 0:::: .-L.. 0 b~..t 0:::: 0 ~ ~ >- CI .... 0:::: 0:::: CI:.I ro ~ >+- "'CI .. ... >- 0 VI O).j...I 0 lU.... +=.t: >- co 0 "0 ~ g Ul .L: 0:::: ~'-'- ho co > 0) en....o "'- '1J en ;::> U C .!!! ro .- ro 'E 0 u.. ~ C C - E I- C ~ >-..... ~ ti:: ~ ro I"""l J: L.. .:::&. Q ~ ~ ~ 0 Q., o .- > ~ .0 0) U ~ \.)..0 L.. ~ 0 o 0) "0 O.L: 0) ro E ~b 0:::: 3: <( 0 co I- 0 Z J2~ L.... J2 co..::: HI/) co Page 1 of 1 Walters-Jo -,-~-----~,. '''>-'---~---~~-_'__~_'''__''___~~__'_~~____H_~_>.__._.__~_____h._____.___._"._>-_,,>-_~.>-~~_._ ^>,,_ ->~~_..._~_~ _.~.."."._.. m. __ _'_'__'->__~.m>-~~.~_______.~. _...m._m_....__.__ From: King-John Sent: Wednesday, July 18, 20074:50 PM To: 'smaloney@mbi-k2m.com' Cc: Leto-Beth; Pierce-Dent; Walters-Jo; Barnett-Jerry Subject: Key West Library Roof Project Agenda Item HiScott, I have completed my review of the Bid Packages for the K.W. Library Roof and agree that Deck Tight Roofing Services is the most qualified for this project. While they are not the lowest bidder; they do have a history of similar, successfully completed roof replacement projects and are below our budgeted ceiling. I will be recommending this contractor to my Division Director and Jerry Barnett, Facilities Development Director, for the project. I will have to have the Agenda Item prepared and submitted by July 31, 2007. Would you please send an E-mail to me; associated with your recommendation concerning the Key West Library Roof, to be attached to my Agenda Item for this project. After Baee final approval and routing of the contract documents, we can establish a pre-construction meeting. I want to include the Library Manager in this meeting; so they are aware of the project sequences, associated noise that will be generated, dumpsters, contractor vehicles and lift locations and material storage areas. Please respond when you have an opportunity. Thank you, Johnny King . 7/25/2007 mbi 1<2m 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33040 PHONE: 305.294.4011 FAX: 305.294.7412 ARC HIT E C T U RE, INC. PROF. REG. NO. AA26001059 July 13, 2007 Monroe County Public Works Department 1100 Simonton Street, Room 2-231 Key West, Florida 33040 Attn: Mr. Dent Pierce, Director Re: Key West Library - Roof Replacement - Bid Review Dear Dent, mbi I k2m Architecture has completed our review of the bid submissions received on July 10, 2007 by Monroe County. Based on our review, we offer the following comments on each bidder's submission: . Roofing By Ruff, Inc. - the unit pricing received seems accurate; submitted a complete package; has no concrete experience; highest price; has a very new untested business in the Keys, . Weiss Woolrich Southern Ent.lnc. - standard package submittal; unit pricing on wood is low and concrete is 3x high; no known tile experience. . Advanced Roofing, Inc. - unit pricing on wood is 2x high; nice presentable submission; has public experience; no concrete tile experience listed; litigates I disputes a lot of claims (almost 40 in past 5 years); purchases are tax exempt for County work contrary to his submission. . D & J Industries ETC, Inc. - submission is minimum requirement; no concrete tile experience; prone to high change orders; unit prices are too high. . Bob Hilson & Company, Inc. - nice submission; has completed tile projects; no concrete unit price listed; is registered in Key West. . ThermaSeal Roof Systems, Inc. - this is a large national company with a lot of subsidiaries that performs a lot of flat roof work; presentation was bare minimum. . Deck Tight Roofing Services - modest presentation submission; unit price on wood is 2x higher than norm; concrete is ax higher than norm; has tile experience; completed a lot of tile projects of equal character to the library project. . National Roofing of South Florida - has Keys experience; no listed tile experience; modest presentation submission; unit pricing is good; price is too low for the work and feels not enough time was spent on the bid. KEY WEST I SOUTHWEST FLORIDA I CLEVELAND I HOUSTON I CHARLOTTE mbi 1<2m 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33040 PHONE: 305.294.4011 FAX: 305.294.7412 ARC HIT E C T U R E, INC. PROF. REG. NO. AA26001059 Our basic concern is the majority of bidders for this project have no listed concrete tile experience. While the pricing is exactly as originally expected from the majority of bidders, the lacking listed experience is concerning. The scope of flat roof work on this project is maybe 10% of the overall project. We highly recommend contacting each bidder and have them submitted subsequent information regarding their concrete tile experience as it relates specifically to the type of work we have designed on this project. Due to the historic nature of the structure, the care that must be taken when removing the current tile roof and the fact that the building will be occupied is reason enough to warrant the additional request. Our order of ranking on a quality based / fee based submission is as follows: 1. Deck Tight Roofing Services 2. Bob Hilson & Company, Inc. 3. Advanced Roofing, Inc. 4. Weiss Woolrich Southern Ent. Inc. 5. ThermaSeal Roof Systems, Inc. 6. o & J Industries ETC, Inc 7. Roofing By Ruff, Inc. 8. National Roofing of South Florida If you would like our office to make follow-up clarification calls with the final top three bidders please do not hesitate to let us know. We are here to help the County select the most qualified bidder on the project that will perform to the level of satisfaction that you deserve. Cc: file John King, Monroe County - via email James Bruce, Monroe County - via email mbi I k2m - (MI, CP) KEY WEST I SOUTHWEST FLORIDA I CLEVElAN D I HOUSTON I CHARLOTTE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DeckTight Roofing Contract #_ Services, Inc. Effective Date: 9/19/07 Expiration Date: Contract Purpose/Description: Roof Replacement of May Hill Russell Library, Key West, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $386,887.55 Current Year Portion: $-0- Base Price PLUS additional materials at: $15/bd ft, $500/cu ft Budgeted? Yes[2;J NoD Account Codes: 304-25000-560620-CC0602-530340 Grant: $ NIA County Match: $ NIA ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out ,a;e!f Needed , Division Director q I & YesDNoD Risk M~ment '6(~::L{)1 YesO Nod ~ll- ~\ cfM.B.IP ch~ing cr;-2$-61 YesDNo~ ~ ~ ~ County Attorney ~~ YesDNo~ ~ t. fi.,.,U Comments: OMB Form Revised 2/27/01 Mep #2 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT AGREEMENT FOR MONROE COUNTY LIBRARY, KEY WEST, FLORIDA (MAY HILL RUSSELL LIBRARY) ROOF REPLACEMENT This Agreement is made and entered into this 21 day of ~, 2007, between MONROE COUNTY, FLORIDA ("COUNTY" or "0 er"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and DECKTIGHT ROOFING SERVICES, INe. ("CONTRACTOR"), a Florida corporation, whose address is 6880 NW 17th Avenue, Fort Lauderdale, Florida 33309. WHEREAS, COUNTY desires to replace the roof at the May Hill Russell Library, Key West, Monroe County, Florida, and WHEREAS, CONTRACTOR desires and is able to replace the roof at the May Hill Russell Library, Key West, Monroe County, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to replace the roof at the May Hill Russell Library, Key West, Monroe County, Florida, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and any exhibits, the Request for Bid, the Specifications, the Drawings, all Change Orders and any addenda, the CONTRACTOR's Bid documents, and other amendments hereto executed by the parties, together with the required County documents furnished as part of the Bid or required to be furnished by the Bid, and all required insurance documentation. 2. SCOPE OF THE WORK: Roof Replacement - May Hill Russell Library, 700 Fleming Street, Key West, Florida, as follows: The Work includes removal of existing concrete tile and membrane roofing system where shown on the contract Documents, minor roof substrate improvements required after removal, and installation of a new concrete tile and membrane roofing system as contained within the Agreement. 3. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. Agreement 1 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT B. CONTRACTOR shall submit invoices to COUNTY with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. C. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act, including the provisions for retainage. Invoices will be paid on a MONTHLY schedule in arrears. Payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. D. The Owner shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of the Contract per Section 01290 of the Specifications, the Contract sum of Three hundred eighty-six thousand eight hundred eighty-seven and 551100 Dollars ($386,887.55) ("Base Price"). The Base Price includes all labor and materials described in the Scope of Work with the exception of additional wood or concrete roof substrate materials necessary to replace existing substrate. In addition to the Base price, the Owner will pay the CONTRACTOR for replacement wood or concrete roof substrate materials at the rate of $15.00 per board foot for wood and $500.00 per cubic foot for concrete ("Additional Materials"), subject to prior written approval of the Senior Director, Facilities Maintenance for Monroe County. E. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be made by the Owner to the CONTRACTOR when the Contract has been fully performed by the CONTRACTOR. 4. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. This Agreement and the provision of the services at the location listed have been fully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency and suitability. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the COUNTY than against the CONTRACTOR. The passing, approval, and/or acceptance by the COUNTY of any of the services furnished by the CONTRACTOR shall not operate as a waiver by the COUNTY of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the CONTRACTOR, immediately after Notice to Correct shall entitle the COUNTY, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR, who shall in any event be jointly and severally liable to the COUNTY for all damage, loss, and expense caused to the COUNTY by reason of the CONTRACTOR's breach of this Contract and/or his failure to comply strictly and in all things with this Contact and with the specifications. The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed herein, subject to the terms and conditions set forth in these contract documents. CONTRACTOR shall at all times exercise independent judgment and shall assume responsibility for the services to be provided Agreement 2 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 5. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 6. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. PUBLIC CONSTRUCTION BOND .. ,~.,.. 7. "When the Contract Amount exceeds $150,000, the Owner shall require the CONTRACTOR to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes. The properly executed Public Construction Bond is to be provided to the Owner within ten (10) days after receipt of Notice of A ward and maintained throughout the life of the contract." 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR or any of its subcontractors in any tier occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, its employees, or agents or subcontractors in any tier. In the event that the service is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses or lost revenue resulting from such delay. The first Ten Dollars ($10.00) paid to the CONTRACTOR is for the indemnification referenced above. The extent of liability is in no way lessened by the provision of insurance. The provisions of this section shall survive the expiration of this agreement. Agreement 3 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates ofInsurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. Employers' Liability Insurance with limits of not less than $500,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits, $500,000 Bodily Injury by Disease, each employee. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company must maintain a minimum rating of A-VI, as assigned by the A. M. Best Company. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 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 $500.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Include as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded DefInition of Property Damage 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. Monroe County must be named as an additional insured on all policies except Worker's Compensation. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, Agreement 4 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. Theseinclude but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on. the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 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 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. Agreement 5 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all serviceslgoods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR and COUNTY both represent that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. CONTRACTOR warrants that it has not employed, retained, or otherwise had act on its behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance 10-1990. For the breach or violation of the provision, the COUNTY may terminate this Agreement without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the County officer or employee. 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. Agreement 6 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County DeckTight Roofing Services, Inc. Facilities Maintenance Department ATTN 3583 South Roosevelt Boulevard 6880 NW 17th Avenue Key West, FL 33040 Fort Lauderdale, FL 33309 and Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Notice shall be deemed received when hand. delivered, delivered by mail, or when deemed undeliverable by the U. S. Postal Service. - 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 A. The COUNTY may terminate this Agreement for cause with seven (7) days written notice to CONTRACTOR. Cause shall de defmed as a breach of the obligations of the party to perform the obligations enumerated under this Agreement. B. This contract may be terminated for convenience by COUNTY upon ten (10) days written notice to CONTRACTOR delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. CONTRACTOR shall cease work as directed. In such case, CONTRACTOR shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work which has not been performed. Agreement 7 September 2007 MAY HILL RUSSELL LIBRARY, KEY \/VEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Agreement 8 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or prOVISIOn of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Agreement 9 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Agreement 10 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date fIrst written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor Mario Di Gennaro Date: Date: Witnesses for CONTRACTOR: ~~ak6(~ Si ture 0 person authorized to Si ature I gally bind Corporation Date: fJ:r22-o7 y /02':;/07 I~;;;#~ /Ida/~. Date / ,/ ~rint Name / /'1 - /~ "~. Address: lDfI~O ~/W \1 Avt. (~ ~ Signature p\-. LJ'AAld. ~L 33~ g/.d .:L/o 7 Telephone Number (qC;~) Ql0. ~S~5 Date / ' MONROE COUNTY ATTORNEY ;r,~A?:~~M tYNTHIA L. H LL ASSISTANT COUNTY ATTORNEY Date ~- ~T- ;;t.OOr Agreement 11 September 2007 ( Bid Statement- Monroe County Public Library- Key West Branch - Roof Replacement Submitted By: DeckTight Roofing Services 6680 NW 17 Avenue Fort Lauderdale, FL 33309 954-970-8565-office 954-970-6881-fax Contact: Christopher Varca x127 christo p h er~decktigh t. co m 1 ( . General Information A.) DeckTight Roofing Services, Inc. B.) President Name: Richard Spreen General Superintendent: Hector Nicasio Project Manager: Kevin Chance Professional Engineer: Troy Chung Operations Manager: Lynn Lee C.) Date ofIncorporation: 11/22/89 (18 years) State License # CC-C050447 State of Incorporation: FL D.) 18 years in Business E.) 100% project completion rate F.) Customer References Suffolk Constuction - 515 N Flagler Dr. 5th floor WPB, FL 33401 Contact: Tim Sterlingl Jennifer Lundgren 561-832-1616 Weitz Company - 1720 Centrepark Dr .East WPB, FL 33401 Contact: Peter Jakobi 561-758-7481 Centex Construction- 790 I SW 6th Ct. Plantation, FL 33324 Contact: Tim Anderson/Ignacio Lizama 954-585-4000 G.) Credit References Bank Atlantic 4695 N. University Dr. Coral Springs, FI 33067 Phone: 954-344-2488x7012 Contact: John Rusnak 2 ~ECTJrON THREE: RESPONSE FORMS SUBMISSION RESPONSE FORM MONROE COUNTY PUBLIC LIBRARY - KEY WEST BRANCH - ROOF REPLACEMENT BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the Work, contract specifications, contract drawings, Bid and addenda thereto and other contract documents for the construction of: MONROE COUNTY PUBLIC LIBRARY - KEY WEST BRANCH - ROOF REPLACEMENT Key West, Monroe County, Florida and having carefully examined the site where the work is to be performed, having familiarized himself with material availability, Federal, State and local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said specifications and other contract documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that the understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition, which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection, and examination of the site. In the event of a conflict between the base bid in words and the base bid in numbers, the base bid in words will control. l' -s . T(wu5~1 -l+ #V~tJ / 5S $ '6 tJ 67 , ?-,8}__~ I Unit Prices: Repair of existing roof substrate Wood: $ 15 ,00 per board foot ---- Concrete: $___5' 00 .~ per cubic foot I acknowledge receipt of Addendum(a) No.(s) N/A J MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT I,have in,c1uded: 0 The Submission Response FormL ' 0 Lobbying and Conflict of Interest Clause Form L 0 Non-Collusion Affidavit I 0 Drug Free Workplace Form L . 0 Bidder's Insurance and Indemnification Statement ./ Insurance Agent's Statement 4 - 0 0 Bid Security (5% of Bid Price) _ In addition, I have included a current copy of the following professional and occupational licenses or explained how it will be obtained: (Check mark items above, as a reminder that they are included.) Mailing Address: bh~o N.W. 11 Ave Telephone: LqS~)q70.';?S-'~ r{, Lcw rt J PG 11;j D~ Fax: ~5'1) 17D. U-(P~g I Date~L Signed: Witness:~ ~ ~\C~ (Seal) ~e..f'i~ (Name) ""~'''~'''' LYNN [LiZABETH LEE . /~t~,:~,:>-c NolarV Public. Stale of Florida h€S~DErJl i ~. F',~~::) ~,). ~fVty'Camrn~Exp:resJan 13,20C6 ~ \;:~d1!~;;~J Commission # DD263423 (Title) i"!"':';';':'" Bonded By Najjanoi NoJary Assn. &~~. - . MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " ~\VWJ ')~~ " (Comp ny Officer/Partner/Individual) "... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County 0 . er or employee". Date: STATE OF: ffi~ COUNTY OF: ~~WL Subscribed and sworn to (or affirmed) before me on 7/;/0'1 (date) by ~ ~L... (name of affiant).@She i~personallY known to me or has produced as identification. (type of identification) ~. 1:"'~~~\;;N "IJZABETH LEE / / ~~ ~ "<.'.c 4/,"', '. )'~r',' D'I""I'C ., stale of Flortda -.. ", ' ~ I" t 1'---',.1 , .~ /...!, ~t ,.';: "Ii:'C:'iHnL~;;k:'nE:.:pre'ijon13,2008 NOT RY PUBLIC .~ ., '(~;mm!S$I',;n # DD263423 A 0 crJ ;1 '[l'!N;.Jti(~nal~~olaryAssn. My commission expires: /. '/J OK ~~"'~"'>:""':t~~V~~" ~'.~~-""A"'-~IlY""':-J'~">.~ / MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT NON-COLLUSION AFFIDAVIT I, I \ of the city of F+, l1VJdM d~ , PL according to law on oath, and under penalty of perjury, depose and sa/that: 1 . I am _p IJAAJUAA.t b wT' I I (L~\~ SuwlU~ of the firm of .Q{/. \ q\A:r making the Bid for the services/work/project described in the Request for Bids for' t ~ " I r -t- P b k L' D !(W WQ~ tA/jJJ.(; rL",~ ~1Q(t~T ~1Wi UW~ 'lJ I AJJ.J..M and that I executed the said id wi h full authority to do so: \ I 2. The prices in this bid/Bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 3. Unless otherwise required by law, the prices and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that onro1fcunty relies upon the truth ot the statements contained in this affidavit i law In contracts for the project/services/work. ~ -- 7 /9 ~~ f Idder) (Date) I STATE OF: J~ COUNTY OF: ~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~~ who, after first being sworn by me, (name of individual signing) affixed ~er signature in the space provided above on this C)'t:!: day of n 2001. ,.'. '_a-~ f>-"''''''' - t ~~~~ ,-~~............ LYNN ",;>pmH lfE ~ ' . !'1C].:1,'j Pub!:c . Sk,te 01 Florida NOT RY PUBLI ; ~~'0n;'.p'f8SJGn 13. 2008 , , ,~(}r;'lnij3S\()n # DD263423 My Commission Expires: ;/~)y 't. - f!\: ~'.~ct!_onGi Notorv .~~n. ''''-_W-''-'1'~''$~~''''--~'t...,....~~ MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT DRUG-FREE WORKPLACE FORM The undersigned Contractor/bidder/responder in. accordance with Florida Statute 287.087 hereby certifies that: ~ I CQJ~ 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign t e statement, I certify that this firm complies fully with the above requirements. I Bid Date er..$."'''''t"wL_iif'0~~.~g~~~~ ~. ~ NO-ARYP~ '1 ?l ;01\C - S10je at florjdo 'I/fi ~ 13.2C'fS L f,;O;':ffll",',n it )D26:3423 { 0J!of7 '0 "rediC"; 1\"1 '\ion<.'! N' :,k:IIY ,~~ My Commission Expires: i'''.''>$~~~~1:~'::''.;~:'~''''~;Y'''"''-~~'-'Jg~~~'l;,~ , <. / ' MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT Bidder's Insurance and Indemnification Statenlent Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $500,000/$500,000/$500,000 General Liability $1,000,000 Combined Single Limit or $100,000/$300,000/$50,000 Vehicle Liability $300,000 Combined Single Limit or $100,000/$300,000/$50,000 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or'other wrongful act or omiSSion of the Contractor, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. PECKilG#7 ~OJG.. Bidder ItJe. nature /<,ctlA?[) S~~ pjl~S ,[)EAJ-r INSURANCE AGENT'S 5T ATEMENT MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT tJ i.' tJ~l: LtJU ( ..LU..J":::' _t.....)'^f..J '" UUUU..1.. VL-'-....fr, I ..1..Ul It 1 ',LJUl ..1..1 '1'....... I HUL U...J/ U...J I have reviewed the above requirements with the responder named below_ The following deduclibles apply to the corresponding policy_ POLICY DEDUCTlBLES WC 870032940 no deductible applies & Employers Liability GL GLOOlOll04 $20,000. per occurrence --carrier pays fro first dollar and bills back insured after the claim is closed. -~ Vphirlp C1\04hl80065 no Elcductiblc :tpplicc Liability policies are ~Occurrence Claims Made FRANK H. FURMAN, INC. J~J~h Insurance Agency Signalure ' (l Print Name: Frank H. Furman, Jr. Date: July 6 , 2007 MONROE COUNTY LIBRARY KEY WEST BRANCH - ROOF REPLACEMENT 810 BOND KNOW ALL MEN BY THESE PRESENTS, that w~ DECKTIGHT ROOFING SERVICES INC. , 6680 NW 17 Ave, Ft Lauderdale,FL 33309 (Here inssrt name and address or legal title of Contractor) As Principal, hereinafter called the Principal, and WESTERN SURETY-COMPANY, P . O. Box 5077, Sioux Falls, SD 57117-5077 (Here insert full name and address Dr legal title of Surety) South Dakota A corporatiofl duly organized under the laws of the State of as Surety, hereinafter called the Suraty, are held and firmly bound Unto MONROE COUNTY BOARD OF COMMISSIONERS,5100 College Rd, Public Service Bldg,Wind 2 Stock I s 1 d - Key We s t (HNe Insert full nam!.>. and address Dr 199a.1 title of Owner) Florida 33040 Five percent of the bid amount (5 %) As Obligee, hel'E:inafter called Obligee, in the sum of Dollars ($),for tlie payment of whIch sum well ;?tJd tliJly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Re-Roof Key West Library 700 Fleming St. , Key West, F L (~~rg fhQe-rt~&IJ~~me, address and description of project) NOW. THEREFORE, If the Obligee shall accept the bid of the PrincIpal shall enter Into a contract with the Obligee !n accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract DocurrJQnts with good and sufflclent surety for the faithful performance of such Contra.ct and for the prompt payment of labor and material furnished in the prosecution thereof, or In the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in gDod faith contract with another party tD perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claImant under this bond must be In accordance whh the noUce and time litnitlltions provigions in Section 255.05(2), Florida Statutes. NG SERVICES, INC. ~ WESTERN SURETY COMPANY -.---.-- (Surety) G{d ;) I1rLv' ,1 (Title) Phyllis A. Arthur,Attorney-in-Fact and Florida Resident Agent Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Frank H Furman Jr., Dirk D De Jong, Phyllis Ann Arthur, Individually of Pompano Beach, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 24th day of October, 2006. ~ WESTERN SURETY COMPANY .t ....."0 r 1/'~4;';~' r2t'~m",v;~pre";"" "tel ~ ~J !W {Z ~1~('''''''1.~ ~~...",~ State of South Dakota } ss County of Minnenaha On this 24th day of October, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +~~~~~~~~~~~~~~~~~~~~~~~~+ r r ~ D. KRELL : ~ ~'Y Plli>t;, November 30,2012 ~~NOTARYPUBUC~: r SOUTH DAKOTA r r r +~"'........""..............~.."............................. + CERTlFlCA TE J, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and fUl1her certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixM the seal of the said corporation this (p day of (j'u.J 1 ' :::u!J OJ. A~ET)' WESTERN SURETY COMPANY ,~.....c'o I II!:! <l.90~-i;,\~ i:\~ ~j:j ~ ! -~~ ~(" "''''/.f! ~~Is~ecretary ~~---...o~q.~ Jff)1>.'I' Form F4280-09-06 I Relevant Experience ill RISE RESIDENTIAL Gables Club- Coral Gables Turner Construction Waverly Los Olas Fort Lauderdale Suffolk Construction Los Olas Grand - Fort Lauderdale Turner Construction NuRiver Village - Fort Lauderdale Suffolk Construction Nola Lofts - Fort Lauderdale Co scan Construction Ten Museum - Miami Bovis Lend Lease Brickel on the River Phase #1 and #2 Miami AMEC Construction Carillon # 1 - Miami Beach Bovis Lend Lease The Tao - Sunrise Moss and Associates, LLC. Jade Ocean - Sunny Isles Coscan Construction Palazzo Del Mare - Fisher Island ASR, LLC Bayview 7 - Fisher Island Turner Construction Oceanside V - Fisher Island Turner Construction Oceanside VI - Fisher Island Turner Construction The Gables Marquis - Miami Coscan Construction Turnberry Ocean Colony Phase I & II Sunny Isles Beach Turnberry Construction Inc. The Parc At Turnberry - A ventura Stiles Corp. Landmark at the Gardens West Palm Beach Suffolk Construction Quantum on the Bay - Miami Facchina McGaughan, LLC. Q Club - Fort Lauderdale Stiles Corp. W Hotel, Resort & Residences Miami Beach K M Plaza Construction Corp. Duo Condominium - Hallandale Pavarini Construction Co. Infinity At Brickell - Fort Lauderdale Hunt Construction Co. Sole on the Ocean - Sunny Isles Bovis Lend Lease, Inc. 900 Biscayne Bay Condominium - Miami Pavarini Construction Ocean Marine Yacht - Hallandale Beach Bovis Lend Lease Diplomat - Hollywood Suffolk Construction Latitude on the River - Miami Suffolk Construction Onyx - Miami MK Contractors Everglades on the Bay - Miami Yates Construction CENTERS / MUSEUMS Carnival Performing Arts Or - Miami Performing Arts Or Builders Haskell - Odebrecht Bank Atlantic Center - Sunrise Centex Construction Norton Art Gallery - West Palm Beach Weitz Construction Co. RET AIL CENTERS Bass Pro Shops - Dania Centex Construction Ikea Furniture - Sunrise Vratsinas Construction Co. / VCC Boca Shoppes - Boca Raton Itasca Construction HOTELS RESORTS Boca Raton Resort and Club - Boca Raton Moss Construction Hyatt Regency - Miami Hyatt Hotels Hyatt Coral Gables - Coral Gables Hyatt Hotels Hyatt Key West - Key West Hyatt Hotels ') .) COLLEGES / UNIVERSITIES University of Miami Clinical Research Miami Bovis Construction Amedic Research Facility - Miami Moss and Associates BCC 2121 Institute for Public Safety Centex Construction HOSPIT ALS South Florida State Hospital Pembroke Pines Department of Children and Family Services Miami Childrens Hospital - Miami Arellano Construction Co. Columbia Hospital- West Palm Beach Arellano Construction Westchester General Hospital - Miami Arellano Construction Westside Regional - Plantation Robins & Morton Group EXTENDED CARE FACILITY Classic Residence by Hyatt - Lantana Benchmark Roof Consultants Classic Residences by Hyatt - Boca Raton Benchmark Roof Consultants Westbrooke at Inverray - Fort Lauderdale Life Care Centers of America AIRPORTS Miami International Airport -Parsons Odebrecht Fort Lauderdale - Hollywood Airport -Skanska Palm Beach International - Afco Construction 4 Past Performance on Similar Projects Weitz Company - 1720 Centre park Dr .East WPB, FL 33401 Project: Norton Art Gallery and Musuem Sarnafil Single Ply 100% of work performed by DeckTight Contact: Peter Jakobi 561-758-7481 $219,508 Kraft Construction 3520 Kraft Rd. Naples, FL 34105 Project: Sarasota Bay Club Soprema Single Ply and Tile 100% of work performed by Decktight Contact: Austin Kennedy 941-330-8990 $501,238 Odebrecht Constuction 201 Alhambra CircIe#1400 Miami, FL 33134 Project: Performing Arts Center, Miami-Dade Fibertite Single Ply 100% work performed by DeckTight OS/2006 completed Contact: William 305.576.5595 $1,257,036 Suffolk Construction 515 N. Flagler Dr. 5th Floor WPB, FL 33401 Project: Waverly@ Las Olas Johns Manvill Single Ply, Standing Seam Metal Roofing 100% work performed by DeckTight 2005 completed Contact: Mark 954-763-3818 $505,000 (*See Attached Overview of Major Projects for more projects) 5 ROOFING SERVICES, INC. (954) 970-8565 v FAX 970-6881 . 1-800-825-ROOF (7663) A Company of Craftsmen OVERVIEW OF MAJOR PROJECTS Parc at Turnberry (Sarnafil Single Ply Over Lightweight) . $129,707.00 A. Owner. Cabi Aventura Condo.,LLC B. Architect. Behar, Font, and Partners, P A C. Contractor. Stiles Construction Company D. Completed (In Progress) E. Work Performed by Decktight. 100% Palm Beach International Airport (Sarnafil Single Ply) . $552,000.00 A. Owner .Board of County Commissioners B. Architect N/A C. Contractor N/A D. Completed (In Progress) E. Work Performed by Decktight . 100% Village At Coral Lakes (FiberTite Single Ply & Wood Mansard) - $2,940,000.00 A. Owner Village At Coral Lakes Condo Assoc. B. Architect. N/A C. Contractor. Decktight Roofing Services D. Completed. 1/30/05 E. Work Performed by Decktight - 100% Performing Arts Center of Miami (FiberTite Single Ply) . $1,257,036.00 A. Owner. Miami Dade County B. Architect. Cesar Pelli and Associates C. Contractor - PAC. Builders J.V. D. Completed. In Progress E. Work Performed by Decktight - 100% University of Miami Clinical Research (FiberTite Membrane over Lightweight Concrete) - $241,000.00 A. Owner - University of Miami B. Architect - Perkins and Will C. Contractor - Bovis Lend Lease D. Completed - In Progress E. Work Performed by Decktight - 100% Cypress Lakes @ Boca Rio Condominiums - Severn Drive& Thames Blvd (FiberTite Single Ply) A. Owner - B.H. Management Services B. Contract Amount - On going C Scope of Work - FiberTite Single Ply System D. Scheduled Completion - On Going F. Contractor - Decktight Roofing Services, Inc. Las Olas Grand GAF Modified and Tile - $577,000.00 A. Owner - Las Olas Grand L TD B. Architect - Robert M. Swedrow C Contractor - Turner Construction Company D. Completed - In Progress E. Work Performed by Decktight - 70% -~~--~"-~--~--,---------~~---~--"'-~,-_._--- ---- --~---~----~--~~.~-~~-~..~-~- 6680 N.W.17th Avenue, Fort LZluclerclale, FL 33309 www.c1ecktight.com ,. #CC-C050447 Akoya AKA White Diamond (Soprema Membrane) - $152,430.0 A. Owner - Merko Group at Akoya B. Architect - Brito Cohan, & Associates C. Contractor - Turner Construction Company D. Completed - 10/2004 E. Work Performed by Decktight 100% New River Village (Johns Manville SR 50 and Tile - $304,500.00 A. Owner - New River Village LLLP B. Architect - Dorsky,Hodgson, and Partners C. Contractor - Suffolk Construction Company D. Completed - In Progress E. Work Performed by Decktight - 100% La Rive Condominium (FiberTite Single Ply) - $117,506.00 A. Owner La Rive L TD B. Architect- C. Contractor - La Rive L TD D. Completed - 8/2004 E. Work Performed by Decktight - 100% Nola Lofts (FiberTite Single Ply) - $65,639.00 A. Owner - Downtown Lofts, LLC a Florida Limited Liability Co. B. Architect- C. Contractor - Coscan Construction, LLC. D. Completed - 7/2004 E. Work Performed by Decktight - 100% Oceanside VI (Zion Alhambra Tile and Soprema SinglePly with Copper) - $703,910.00 A. Owner - Fisher Island Holdings LLC B Architect- C. Contractor - Turner Construction Company D. Completed- 9/2002 E. Work Performed by Decktight. 100% Oceanside V (Zion Alhambra Tile and Soprema Single Ply with Copper) - $440,000.00 A. Owner - Fisher Island Holdings LLC B. Architect- C. Contractor - Turner Construction Company D. Completed - 7/2001 E. Work Performed by Decktight - 100% Ocean Tower I (Soprema and Tile) - $363,485.00 A. Owner - Key Biscayne Ocean Club Limited B. Architect. C Contractor - AMEC Construction Management Services D. Completed - 8/2002 E. Work Performed by Decktight - 100% Norton Art Gallery and Museum (Sarnafil Single Ply Tapered Roofing System) - $287,964.00 A. Owner - Norton Gallery and School of Art B. Architect - Center Brook Architects and Planners LLC C Contractor - The Weitz Company D. Completed - 10/2003 E. Work Performed by Decktight - 100% -~-~-~----~-------_.~_.~~~-~~~-~-~~~-~--- DECKTlGHT ROOFING SERVICES, INC. 66(30 I"-I.W. 17th Avenue, Fort Lauderdale, FL 33309 ' 1(54) 970-8565 . www.decktight.com Norton Art Gallery and Museum II (Sarnafil Single Ply) - $219,508.00 A. Owner - Norton Gallery and School of Art B. Architect -Center Brook Architects and Planners LLC C. Contractor - Suffolk Construction Company D. Completed - 2/2004 E. Work Performed by Decktight - 100% Waverly Las Olas (Johns Manville Single Ply /Standing Seam Metal Roofing) - $505,202.00 A. Owner - ZOM Fort Lauderdale, L TD B. Architect- C. Contractor - Suffolk Construction Company. D. Completed - 2003 E. Work Performed by Decktight - 100% Bass Pro Outdoor World (Standing Seam Metal) - $604,000.00 A. Owner - Sportsman Park Development Company B. Architect - Hellmuth, Obata, & Knasbaum, Inc. C. Contractor - Centex Rooney Construction Co. D Completed - 5/99 E. Work Performed by Decktight - 100% Republic Powdered Metals/Dade County Schools (RPW Warranty Repair Work) - $275,000.00+ A. Owner - Dade County School Board B. Architect - Hellmuth, Obata, & Knasbaum, Inc. C. Contractor - Decktight Roofing Services Inc. D Completed. 1/2003 E. Work Performed by Decktight - 100% Broward County Court House / North Tower (Roof Repairs and Coating) - $208,640.00 A. Owner - Broward County Judicial Center B. Architect C. Contractor Decktight Roofing Services D. Completed - 6/2002 E. Work Performed by Decktight - 100% Preferred Freezer Services, Inc. (DuroLast Single Ply) - $277,000.00 A. Owner - South Florida Freezer Partners LTD. B. Architect - Carlos Diaz Associates C. Contractor - Codina Construction Corp. D. Completed - 1/99 E. Work performed by Decktight - 100% Ports ide Yacht Club - 1 - 40 Johns Manville Single Ply PVC Ultra Guard, Standing Seam Metal roofing, and wood replacement on balconies. $873,120.00 A. Owner - Portside Yacht Club Condo Association B. Contractor - Decktight Roofing Services, Inc C. Completed - April 2003 D Work Performed by Decktight 100% Budqet Rent-a-Car (FiberTite Single Ply) - $526,388.00 A. Owner - Budget Rent a Car Corporation B. Architect - Donald Wayne Shuey and Assoc. P.A. C Contractor. Decktight Roofing Services, Inc. D. Completed - 7/98 E. Work performed by Decktight - 100% ~---~---~----- DECKTIGHT ROOFING SERVICES.. lNC. 6680 N.W. 17th i"venue, Fort Lauderdale, FL 33309 . (9541970-8565 ' wwwdecktighLcom Miami International Airport - North Terminal Expansion (HPG/Johns Manville Single Ply) - $345,72961+ A. Owner - Dade County Aviation Department B. Architect - Spillis, Candella, & Partners, Inc. C. Contractor - Odebrecht Contractors of Florida, Inc. D. Completed - 1/99 E. Work performed by Decktight 100% Mid Field Fire Station (Sarnafil Single Ply With Delcoa DSS Metal Panels) - $168,000.00 A. Owner - Dade County Aviation Department B. Architect- C. Contractor - Tarafa Construction, Inc. D. Completed - 10/2002 E. Work Performed by Decktight - 100% Alexan At Coral Gables (Soprema Multi Layer Mineral Roofing /Berrage T panel metal roofing) - $134,895.00 A. Owner - Douglas Coral Gables Limited Partnership B. Architect- C. Contractor - Turner Construction Company D Completed - 7/2003 E. Work Performed by Decktight - 100% Gulfstream Park Racetrack ( Numerous buildings, several roofing systems and repairs) $500,000.00+ A. Owner - Gulfstream Park Racing Association, Inc. B. Architect - N/A C. Contractor - Decktight Roofing Services, Inc. D. Completed -2003 E. Work performed by Decktight - 100% Shops @ Boca Retail Roofs (Fiber Tite Single Ply) $418,484.00 A. Owner - 485 Properties,LLC B. Contractor - Decktight Roofing Services, Inc. C. Scheduled Completion -4/2003 D. Work Performed by Decktight - 100% Parkside at Coral Springs - (Durolast Single Ply and Concrete Mansard Tile) - $899,586.00 A. Owner - Parkside at Coral Springs Homeowners Association B. Engineer - Swaysland Professional Engineering Consultants C. Contractor - Decktight Roofing Services, Inc. D. Completed - 1/99 E. Work performed by Decktight - 100% South Florida State Hospital (Johns Manville ASTM base sheet under lightweight concrete covered by FiberTite Membrane) -$132,00000 A. Owner - Florida Department of Children & Families B. Architect - William E. Tschumy Jr. C Contractor - Decktight Roofing Services, Inc. D. Completed - 2/00 E. Work performed by Decktight 100% Sub on electrical and HVAC only. Hyatt Regency Coral Gables (Tile reroof 2 phases) - $741,00000 A. Owner - Hyatt Corporation B. Architect - N/A (Benchmark Consultants) C. Contractor - Decktight Roofing Services, Inc. D. Completed - 8/00 E. Work performed by Decktight 100% ___~_____"m~~~___~,~~_ DECKTIGHT ROOFING SERVICES, INC. 6680 :"!.W 17th Avenue, Fort Lauderdale. FL 33309 . (954) 970-8565 ' wwwclecktightcom Port Everqlades Terminal 18 (Standing Seam Metal and GAF Modified) - $344,443.00 A. Owner - Broward County Board of County Commissioners B. Architect. Fredric R. Harris Inc. C. Contractor - AFCO Constructors - Aldo Ferrera D. Completed - 2/97 E. Work performed by Decktight 100% Home Depot - Sunrise (Tile Mansards / HPG Single Ply Roof) - $326,197.00 A. Owner - Home Depot U.S.A., Inc. B. Architect - N/A C. Contractor - Rockwell Construction Corporation D. Completed - 1/97 E. Work performed by Decktight - 90% Lowes of Davie (Firestone EPDM) - $355,900.00 A. Owner - Southeast Florida Land Investors, Inc. B. Architect- C. Contractor - Elkins Constructors, Inc. D. Completed - 3/00 E. Work performed by Decktight - 100% Sarasota Bay Club ( Soprema Single Ply and Tile) - $501,238.00 A. Owner - Sarasota Bay Club LLC/Roskamp Management Co. B. Architect - Donald M. Lawson. AlA, Inc. C. Contractor - Kraft Construction Company, Inc. D. Completed - 7/00 E. Work performed by Decktight 100% Park Summit Senior Living Facility (Tile Mansards / Built Up Roof Repairs) - $166,000.00 A. Owner - CCC Investments LLC B. Architect - Jack Mc Govern Armko Industries C. Contractor - Decktight Roofing Services, Inc. D. Completed - 12/00 E. Work performed by Decktight - 100% Oceanside 5 - (Single Ply Flat Roofs & Alhambra Barrel Tile) - $452,000.00 A. Owner - Fisher Island Holding, LLC B. Architect - Sandy and Babcock C Contractor - Turner Construction Company - Doug Powers D. Completed - 9/01 E. Work Performed by Decktight - 100% The Alhambra Plaza 2 Phases- (Tile Reroof) - $368,866.00 & $289,548.00 respectively) A. Owner - YCP Alhambra L. P. B. Contractor - Decktight Roofing Services C Completed -2/02 D Work Performed by Decktight - 100% E. Contact- Greenlakes Condo- (Mechanically Attached FiberTite Single Ply Membrane Reroofand Repairs) - $332,696.0021 Buildings Over 15 Years A. Owner - Greenlakes Condo Association/Indian Springs Maintenance Association B. Contractor - Decktight Roofing Services Inc. C Scheduled Completion - 2/2004 D. Work Performed by Decktight - 100% --~-'-'-~-------~-~--'----_._-~---~~.~~-~"----~_.~----- DECKTIGHT ROOfiNG SERVICES, INC. 6680 i'J\N 17thA,'jenue, Fort l.auderdale, Fl. 33309 . (954) 970-8565 . wwwdecktight.col1l JFK Medical/ Northridge Medical (Fiber Tile Reroofing and Roof Repairs) $35,000.00 A Owner - HCA Health Services of Florida B Contractor - Arellano Construction Company C. Scheduled Completion - 2/2001 D Work Performed by Decktight - 100% Westside Reqional Medical (Tremco ) $54,404.00 A. Owner - HCA Health Services of Florida B. Contractor - Arellano Construction Company C. Scheduled Completion - 11/2000 D. Work Performed by Decktight - 100% Lawnwood Medical Center (Firestone/Carlisle/Tamko/Johns Manville/Fibertite Single Ply) $151,550.53 A. Owner - Lawnwood Medical Center B. Contractor - Arellano Construction Company C Scheduled Completion - 10/2002 D. Work Performed by Decktight - 100% Columbia Medical Center (Metal Standing Seam Roof) $202,501.69 A. Owner - HCA Health Services of Florida B. Contractor - Arellano Construction Company C. Scheduled Completion - 2/2004 D. Work Performed by Decktight - 100% Port St. Lucie Medical Center(Fiber Tite /Metal T Panel) $366,058.76 A. Owner - HCA Health Services of Florida B. Contractor - Arellano Construction Company C Scheduled Completion -6/2003 D Work Performed by Oecktight - 100% Miami Children's Hospital (Wall Panels & Roof Flashing) $1,046,928.39 A. Owner - Miami Children's Hospital B Contractor - Arellano Construction Company C. Scheduled Completion -8/2004 D Work Performed by Decktight - 100% Sunrise Towne Preferred Condominiums - Reroof Multiple flat roof condos with Cooley Membrane- $365,000.00 A. Owner-Sunrise Towne Preferred Condominiums Association B. Contractor - Decktight Roofing Services C. Scheduled Completion - 12/01 D. Work Performed by Decktight 100% E. Contact - Gabe Hernandez - Phoenix Management Services - 954-977-3777 Bayview 7 - 5000 Fisher Island Road, Fisher Island, FL 33109 - Single Ply Flat Roof Sections & Alhambra Barrel Tile - $425,00000 A. Owner - Fisher Island Holding, LLC. B. Architect - Sandy and Babcock C General Contractor - Turner Construction Company D. Date of Completion - 09/01 E. Work Performed by Decktight 100% F Contact - Doug Powers - 305-538-0015 ~--~_._--~-~~.~-~-~~-~~--~- ._-~~--~~~~_._-~_. DfCKT1GHT ROOFING SERVICES, INC. 6680 N.W. 17th Avellue. Fort lauderdale, FL 33309 . (954) 970-8565 0 wwwdecktight.com Moors Pointe Condominiums-Villa Roll Tile with Modified Flat Roof Systems - Reroof and Repairs $1,106,131.00 A. Owner - Moors Pointe Condominium Association B. Contractor - Decktight Roofing Services C Scheduled Completion - Ongoing D. Contact - Doris Prado 305-821-9083 E. Work Performed by Decktight - 100% Sheraton Bal Harbour - 9701 Collins Avenue Sal Harbour, Florida 33154 - JP Stevens Roofing- $64,40300 A. Owner - Sheraton B. Contractor - Decktight Roofing Services, Inc. C. Date of Completion - September of 1998 D. Contact - Andre Thuijs - 305-868-2564 E. Work Performed by Decktight - 100% Budget Rent a Car -FiberTite Single Ply - &526,388.00 A. Owner - Budget Rent a Car Corporation B. Architect. Decktight Roofing Services, Inc. C. Date of Completion - December 2001 D. Contact. Howard Solomon of United Community Management -954-752-8119 E. Work Performed by Decktight - 100% Bridgepointe at Broken Sound Condos - 2506 - 2584 Coco Plum Boulevard, Boca Raton, FL 33496 - Tile Reroof - $861 ,644.00 A. Owner - Bridgepointe at Broken Sound Condo Association B. Contractor - Decktight Roofing Services, Inc. C Date of Completion - August 2001 D. Contact - Howard Solomon of United Community Management -954-752-8119 E. Work Performed by Decktight - 100% Tyco -FiberTite Single Ply $200,085.00 A. Owner - 485 Properties LLC B. Architech C Date of Completion - 5/2003 2 New Projects Starting in 2005 D. Contractor E. Work Performed by Decktight - 100% _______~.____u__.u___'_._n~___~~__ DECKTIGHT ROOFING SERVICES, INC. 6680 N.W 17th Avenue. Fort Lauderdale, FL 33309. (954) 970-8565 . www.cJecktight.com Liti2ation a. Has bidder ever failed to complete work or provide the goods for which it has contracted? No. b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the bidder, or its officers or general partners? No, c. Has the Bidder, within the last 5 years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the bid? No. d. Has the Bidder ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? No. e. Whether, within the last 5 years, an officer, general partner, controlling shareholder or major creditor or of the bidder was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids? No. 6 County Forms and Licenses 7 (1 --r Fr-'~ ~ 'AJ'E sT FLORIDA ~ 1 ~ i " )' )l . '\>/ ;; ; ;: .J...4 --"_ .J'.__ "" . 'A...J , jo'--".;-c. ati '01 T ~ 0Q~ qe .......' --" C:Le .......1 -'- ~ 'v .Li. '_ '. l-CV CcuP3t~_CD_31 Llcens:?:; ~ - " bUSlTiess 1::: '.3 }: _ HO~':::2f' mu S": m. e 2 '= 21l C1T~~'~ ZDI12--Dg and use DCO\TJ.Slons d Box -; '; 9. Ke}'" \~Iest_ Florida 3304.0 (305)t309~3955 A. '~.l.. t:;'JSi.DPS:; D 2 Il1-2 DECKTIGHT ROOF I l'JG SER\IICES.~ T I\.J ,--; + 0. ~') 1:."' 1 -: 1" =--.:~':a-::-:J.cn ~ Ij C J:~ S ':; B C Ni"! 17~H AVE :...J .:. "_ (I iJ ~~ ./ ~= I :3 S S " , 70 CO>JTRACTOR CERT ROOFING .~~s~:e j2te 2/?2'/O7 Expiratlon date 9_/30//07 L: .L C ?e F' 190.00 ~J2r:2.:..t-cI ,00 , ~ '- ~ ~ '? .00 ~11~s -,-~ce~lse IT; ,] S 7~ ::; 12 pr-omin,,::'r::t.iy 'jls~)laved_ t". -,- ~ ('\_',,:-\; ~:;.::r' ~i.lpe ~ ~JC ~}--'2:wef-'~ ~ JDt'r'. ,.t'J.riL.. :,_r:. '. 1,-. j Q ~ 'JEC:l<TIGl-i'T F>=' F' Il'.J,:~ .s E R I] ICE 5 ~ ]:N iJ c ,t~\: ;~i;:c':;ti ~~,~~~:D~ ~"'" !:;~~~ - ;"-:'c',' J ,.,..... P.. 'i/= "- - =-. T.~~ T~~ LJ ~ R D ;~'_ I-, E - - S P R-E E N_ ~ = ~R- !~ITli ~ D .2i~00B2'j C~2C~EC~Rbef. 2SSS8 $}S0~00 ['(an,: d~:re; 2/28/167 Tlf~i?~ 14;30;2f, i I ! -~~-------~~---~-~-~~-~----~~-~,,~-~---- ~ -- - -- -- -- - -- - rf\JM .JJ...I ................... ~ .. .~ .. CERTIFICATE OF INSURANCE ISSUED TO: COpy PROVIDED TO: Decktight Roofing Services Decktight Roofing 6680 NW 17th Avenue Services, Inc. Ft Lauderdale FL 33309 6680 N.W. 17th Avenue Ft. Lauderdale FL 33309 ATTN:To whom it may concern Date: 01/23/2007 Decktight Roofing Services, Inc. This is to certify that 6680 N.W. 17th Avenue Ft. Lauderdale FL 33309 being subject to the provisions of the Florida Workers' Compensation Act, has secured the payment of compensation by insuring their risk With the FLORIDA ROOFING, SHEET METAL & AIR CONDITIONING CONTRACTORS ASSOCIATION SELF INSURERS FUND_ COVERAGE NUMBER: 870-032940 !.JMlI.S Workers' Compensation Statutory - State of Florida EFFECTIVE DATE: 01/01/2007 Employers' Liability $100,000 - Each Accident EXPIRATION DATE: 01/01/2008 $100,000 - Disease, Each Employee $500,000 - Disease, Policy Limit REMARKS: Non-cancelable without 30 days prior written notice, except for non-payment of premium which will be a 10 day written notice. Employer's Liability Coverage 1S amended to: 1,000,000/1,000,000/1,000,000 For Informational Purposes Only This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be constructed as extending coverage not afforded by the policy(ies} shown above or as affording insurance to any Insured not named above. This provides coverage for Florida policyholders and Florida domicile employees only_ 6;Jf W B~&~~ Bret! Steige~ Administrator Debbie Kemmerer - Underwriting Manager FRSA-SIF FRSA-SIF ACOftDi.e f2ig.FI~I::1101Jl~It;:.~I""I.U~JPIg.;'IJ.p~~~m~''!S?~< 01/23/07 RUDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FRANK H. FURMAN , INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FRANK H. FURM.Zlli #A091425 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 1927 COMPANIES AFFORDING COVERAGE POMPANO BEACH, FL 33061 COMP ANY A CRUM & FORSTER SPECIALTY INS -~. ,SURED COMPANY DECKTIGHT ROOFING SERVICES INC B PROGRESSIVE EXPRESS INS CO COMPANY 6680 N W 17 AVE C STEADFAST INSURANCE CO FT LAUDERDALE FL 33309 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS _TR DATE (MWDDIYY) DATE (MMlDDIYY) , GENERAL LIABILITY GLOOI0II04 01/29/07 01/29/08 GENERAL AGGREGATE s2,OOO,OOO X COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG $2, 000, 000 CLAIMS MADE 00 OCCUR PERSONAL & ADV INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 X $5MLPerProjAgg FIRE DAMAGE (Anyone fire) $ 50,000 - EXCLUDED MED EXP (Anyone person) $ \ AUTOMOBILE LIABILITY CA046380065 5/20/06 5/20/07 1,000,000 COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNFO AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY I X NON.OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ " EXCESS LIABILITY AUC930379205 1/29/07 1/29/08 $5,000,000 EACH OCCURRENCE I X UMBRELLA FORM AGGREGATE $5,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE.EA EMPLOYEE $ OTHER DESCRIPTION OF OPERA TIONSIlOCATIONSNEHICLES/SPECIAL ITEMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE SAMPLE FOR BIDDING PURPOSES EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR~EPRESEW~ ~\ ~., >! -11 .............. I... ..... ........ .. . .. ~.' SHA Ac:Qf$~~$hi$S}.....'" :".iY?'. F~;~u~i';~!~;I!~~jPQai;>QMtlPN :j~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19,2007 Division: Public Works Bulk Item: Yes --2L No - Department: Facilities Maintenance ~,h Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval to modify the fee structure for the use of Government meeting rooms, and Channel 76 televising costs. ITEM BACKGROUND: Meeting room rates have been modified annually at the September BOCC meeting for each coming fiscal year. This year there is a 2.5% increase in facilities costs and a 3.8% increase in equipment costs. The maintenance technician rates remain the same, and there is a decrease in the TV technician rate based on the actual technician's. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved to modify the fee structure for the use of Government meeting rooms on July 26,2000, September 19,2001, and October 15, 2003. On May 19, 2004 the BOCC approved a revision for the Use of County Property and the use of Government meeting rooms to consolidate the policy to include the Airports, Libraries, meeting rooms, County facilities, and parks and beaches. On October 19, 2005 and September 20, 2006, the BOCC approved a modification to the fee structure. CONTRACT/AGREEMENT CHANGES: Increase facilities costs from $8.61 to $8.83, and equipment costs increase from $125 to $130. The maintenance technician rates remain the same, and there is a decrease from $30.52 to $21.66 in the TV technician rate. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes N/A No - COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes -X No - AMOUNT PER MONTH undetermined Year undetermined APPROVED BY: County Arty _ OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: August 23,2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Directo9~~ { 7 Lower Keys Operations L RE: Agenda Item - September 19,2007 BOCC Meeting Marathon Government Center/Marathon - Meeting Room Costs The BOCC approved to modify the fee structure for the use of Government meeting rooms on July 26,2000, September 19,2001, and October 15,2003. On May 19,2004 the BOCC approved a revision for the Use of County Property and the use of Government meeting rooms to consolidate the policy to include the Airports, Libraries, meeting rooms, County facilities, and parks and beaches. On October 19, 2005 and September 20, 2006, the BOCC approved a modification to the fee structure. This year there is a 2.5% increase in facilities costs and a 3.8% increase in equipment costs,. increasing facilities costs from $8.61 to $8.83, and equipment costs increase from $125 to $130. The maintenance technician rates remain the same, and there is a decrease in the TV technician rate based on the actual technician's from $30.52 to $21.66. I hereby request approval to modify the fee structure for the use of Government meeting rooms, and Channel 76 televising costs. JWK/jbw Enclosures I"'- 0 I 0 () ...... ~ ';:: .c ~ 1.0..... 0 .() ~>Q)<1>Q.. C"') ...- Q) ...- 'EQ..- -- xQ) x I- a.. CO ,~ CO CIl .-...... Co) ...O<:S ... Q) ::J <1> <1> . CO ... CO -0 o-"'t) Q.. ~ :;2 :;::JUJ:;)CIl~ OlCO ~'O -0 0 :s Co) l!! 3:: c c c: .... .-. co:;: Ci) c: 10.-'" ~ ......coo~2 ::J ::J ::J ::J ... c: co Co) o 0 OOQ) Co):;) J::. J::. J::.J::.ECi):.:::"'t) ... ... ...... <1> 0.. 0 Q) Q) Q)Q)COO:;)l;;. a.. a.. a.. a.. 0 Cl "'t) Q.. I"'-C"') 0> 0> 0 0> C"')CO ...- .;to .;t oeO en C\l0 C\l 1.0 1.0 C"') C"') <D ,.... ...- ...- e - 0 eno 0:::- WC) Zz 0- -z enz c en- co -C> en '0 en ::Ew 'c ::Em 0::: J::. 0::: 00::: :J ~ () (ij :J CIl (ij 0 Q) CIl ..... 0 c..... ..... ~L5 ~ 1-..... 0 .!:!! 8 0 J: Q) CIl I- J: I- 1->- W lU () 0 W CD .!:a 0 .s:::. cO ,.... c..... Z...J ::E 0 ::E J::. c :J<( j:: co CIl j:: Q; () Q) ~ c Q) Q) E 00 0::: JB:e 0::: c C 1-0.. oen w .u c= W lU . '::; u.i:L > .- () > ~o- lU co co .s:::. Ow 0 u. ~u. 0 0 I-UJ OJ: 0:::1- <(0::: CIl CIl ...!.. 00 ij: .!:a ..... mU. l;::: ..... Ci) Q) ... Q) .c 0 >-en c..... ij5>Q)<1>Q.. Q) () I-W .o~ 'EQ..- Zl- Q) .0 I- a.. co .~ 5~ ~o<:S CIl CIl .-...... Co) Q)Q)::JQ)Q)(Jj -0 ... -0 -0 O-"'t) Q........ O::E ::J Q) ::J ::J UJ :;) Ci) ~ - ..... () co 'O'O-oo:S Co) wo .S 3:: c c c.c: 00 t-"' ~ ... .-. .-. co";:: Ci) 5 0:::0::: ......coO~:;::; ::J ::J ::J ::J ::J ... c: co Co) ZC) o 0 0 00Q) Co):;) Oz J::. J::. J::. J::.J::.ECi):':::"t) ... ... ... ...... Q)o..o ::E- Q) Q) Q) Q)Q)coo:;)l;;. I- a.. a.. a.. a.. a.. 0 Cl "'t) Q.. W W coC"') ...- <DO <D ::E 1.0 co -.:J: <DO <D MeO N ~o ...- C"') .;t NC"') 1.0 ...- ...- C co '0 en 'c en 0::: J::. 0::: :J 1/1 () :J CIl Q) Q) CIl (ij c..... (ij 0 ~ 1-..... (5 0 .!:!! 8 ..... J: lU Q) CIl J: .!:a 0 0 () 0 I- CD I- 0::: .s:::. cO 0::: ,.... c..... ..... ~ 0 co CIl ~ J::. c ~I Q; () Q) ~ c Q) Q) E :J ~;E :J c 01 C 1-0.. C> .u c= C) lU . '::; CIl .- () W lU co co W .s:::. ~o- Q) 0::: u.. ~u.. 0::: 0 I-UJ ..... co ... I Ol ..... ~ CORRECTED BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Public Works Bulk Item: Yes X No - Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval of the purchase of two (2) A/C systems from Sub-Zero, Inc. in the total amount of $57,490.00 under the emergency procurement provisions of Monroe County Code Sec. 2-541(k)(I). [$37,589.00 for the Key West Library and $19,901.00 for the Lester Building]. ITEM BACKGROUND: The a/c systems at the Key West Library and the Lester Building (3rd Floor) have failed. Time is of the essence to replace these systems and provide the building occupants and visitors with healthy, safe and appropriate temperatures to work and conduct business. Written quotes were received in both instances and Sub-Zero, Inc. provided the lowest quotes in both cases. Board approval is needed to ratify the emergency purchases, and to further authorize the payment of vendor invoices totaling $57,790.00, in that the cumulative total paid to Sub-Zero, Inc. during the current fiscal year has exceeded $25,000.00. PREVIOUS RELEVANT BOCC ACTION: On August 15, 2007, the Board authorized payment to Sub-Zero, Inc. for previous vendor invoices totaling $30,926.28, for various purchase orders that were obtained in accordance with the County's purchasing policies and procedures, but the cumulative total of which exceeded $25,000.00 during the current fiscal year. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $57,490.00 BUDGETED: Yes X No - COST TO COUNTY: same SOURCE OF FUNDS: $37,589 from the infrastructure sales tax fund and $19,901 from ad valorem REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMB/Purchasing Risk Management ~ DOCUMENTA TION: Included x Not Required_ DISPOSITION: AGENDA ITEM # ~t ~""" - "'f-"''--~ PO#: 00020937 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PAGE NO. 1 +-------~------~------------,--+ I PUR C HAS E o R D E R ! +-----~-------~---~---------~-+ COUNTY SALES TAX EXEMPT NUMBER: 85-8013825294C-7 VENDOR: SHIP TO: 001505 MONROE COUNTY PUBLIC WORKS DEPT SUB ZERO AIR CONDITION & REFRID INC 1100 SIMON'rON 3T 2NDFL RM 2-231 6003 PENINSULAR AVE KEY WESTt FL 33040 KEY WEST FL 33040 ATTN: BE H LETO ATTN: JAMES BRUCE PATE: 08/20/07 BUYER:PWD/BETH LETO REQ. NO:00018390 RQ: TERMS:NET 30 DAYS FOB: DESC: . ITEM#: QNTY UOM DESCRIPTION UNIT PRICE EXTENSION 01 1. 00 EA E)fERGENCY RmpUCEMENT OF THE KEY' WE 36989.0000 36,989.00 LIBRARY CHILLER WITH NEW CARRIER MODEL 30RAN0020-500, PER QUOTE DATED 8/2/07 / PAGE 1 TOTAL: 3~(~8~.OO' PO TOTAL: 3,8 .00 ITEM~ ACCOUNT ~OUNT PROJ CD 01 2 000 560620 36,9 9.00'CC0301 /l .J iN 2Z;- INV # AUTHORITY: pk~&'d k ,p'). ..L.# -'~-.... ~~_._. ,-,~~,,- ,-,--~ <<-- ,-- ..-- .'- r-"--;' ~,~..: :;:;, PO# 00021n93 lylC)t\!ROE (~OUt'lTY BO...Z\.R[) ()E~ C()~J}>41{Y COMMISSIO~JEF~S PJ:;~GE NO. 1 +__________~__________________1 I PUR C HAS E o R D E R i +----------~------------------+ COUNTY SALES TAX EXEMPT ~IBER: 85-8013825294C-7 VENDOR: SHIP TO: 001505 Me PUBLIC WORKS CARPENTER SHOP SUB ZERO AIR CONDITION & REFRID INC 3583 S. ROOSEVELT BLVD 6003 PENINSULJtR AVE KEY WEST, FL 33040 KEY WEST FL 33040 ATTN: NANCY JOHNSON .ATTN: JAMES BRUCE DATE: 09/05/07 BUYER: PtvD j BET if 1,8TO REQ. NO:00018543 RQ: TE~1S:NET 30 DAYS FOB: DESC: ITEM# QNTY DOM DESCRIPTION UNIT PRICE EXTENSION 01 1. 00 EA ADDITIONl\.L COST TO EXPEDITE PROTEC 600.0000 600.00 COATING OF CHILLER COILS IN ORDER TO ACCELERATE DELIVERY OF EHERGERCY CHIl,LER FOR THE KW LIB~~Y PAGE 1 TOTAL: 600.00 II'EH# ACCOUNT PO TOT}\I,: 600.00 l\H.OUNT PROS CD 01 25000 560620 600.00 CC0301 ./?, /'/ .,' / '-~ ..... INV # AUTHORITY: Pt}Rt;HA~l~; JffJb<<~'c:..~._-- -~-,-~--------~ _________~~~~~.__~___~.>c~~^_~__ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS l:'Uff VUULU~t;f PAGE NO. 1 +---~--------~----------------+ ! PUR C HAS E ORDERl +------------~--------------~-+ COUNTY SALES TAX EXEMPT NUMBER: 85-8013825294C-7 VENDOR: SHIP TO: 001505 Me PUBLIC WORKS CARPENTER SHOP SUB ZERO ~IR CONDITION & REFRID INC 3583 S. ROOSEVELT BLVD 6003 PENINSULAR AVE KEY WE~ FL 33040 KEY WEST FL 33040 ATTN: CY JOHNSON ATTN: JAMES BRUCE DATE: 08/22/07 BUYER:PWD/BETH LETO REQ. NO:00018434 RQ: TERMS:NET 30 DAYS FOB: DESC: ITEM# QNTY UOM DESCRIPTION UNIT PRICE EXTENSION 01 1.00 EA EMERGENCY REPLACEMENT OF MC~UAY 19901. 0000 19,901. 00 UNIT ON 3RD FLOOR OF THE LETER BLDG. W/MODEL#ACZ20AC12 UNIT PER QUotE DATED 8/16/07. PAGE 1 TOTAL: 19,901 . 00 ITEM# PO TOTAL: 19,901.00 ACCOUNT AMOUNT PROJ CD 01.20501 560620 19,901.00 ~ ~ ;) vitJ", INV # AUTHORITY: " . '.''''j p. ." l7 AGBN'l' BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Public Works Bulk Item: Yes X No - Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval to amend contract with ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC. for the Division of Public Works uniform servIces. ITEM BACKGROUND: Monroe County put the uniform contract out to bid for a bid opening on June 21,2007. The contract was signed by ARAMARK and returned. At that time an ambiguity in item 4, Terms of Agreement, was found. This amendment will clarify the wording of the initial term duration, and it will also add service locations and an option for 100% cotton garments. PREVIOUS RELEVANT BOCC ACTION: On August 15, 2007, the BOCC approved award and enter into a contract with ARAMARK Uniform Services, not to exceed $25,000. CONTRACT/AGREEMENT CHANGES: (1) Amend and clarify initial term duration to be one (1) year; (2) add service locations; and (3) add option for 100% cotton garments. STAFF RECOMMENDATIONS: Approval TOTAL COST: none BUDGETED: Yes X No - COST TO COUNTY: none SOURCE OF FUNDS: Ad Valorem, Gas Tax REVENUE PRODUCING: Yes - NoX AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management ~ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 CORRECTED BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Public Works Bulk Item: Yes ~ No - Department: Facilities Maintenance Staff Contact Person:John W. KinS. 292-4431 AGENJ>A ITEM WORDING: Approval to amend contract with ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC. for the Division of Public Works uniform services. ITEM BACKGROUND: Board of County Commissioners approved a contract with ARAMARK on August 15,2007, to provide uniforms to County employees. This amendment (1) clarifies the wording of the initial term duration, (2) adds service locations, (3) adds option for 100% cotton garments, (4) allows County to use prior contractor until ARAMARK can provide the uniforms, and (5) increases the total contract amount from $25,000 to $35,000. PREVIOUS RELEVANT BOCC ACTION: On August 15,2007, the B9CC alroved award and enter into a contract with ARAMARK Uniform Services. '\. "', , .;. CONTRACT/AGREEMENT CHANGES: This amendment (1) clarifies the wording of the initial term duration; (2) adds service locations; (3) adds option for 100% cotton garments, allows County to use prior contractor until ARAMARK can provide the unifonns, and increases the total contract amount from $25,000 to $35,000. STAFF RECOMMENDATIONS: Approval TOTAl, COST: $35.000 (entire contract) BUDGETEJ>: Yes l.. No - COST TO COUNTY: none SOURCE OF FUNDS: Ad Valorem. Gas Tax REVENUE PRODUCING: Yes-; NO~OUNTPERMONTH_ Year APPROVED BY: County Atty tf" OM rchasing _ Risk Management _ DOCUMENTATION: Included Not Required_ DISPOSlTtON: AGENDA ITEM # c'cJl Revised 2/05 ME M 0 RAN D UM DATE: September 4, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - September 19,2007 BOCC Meeting Amend Contract with ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC. For the Division of Public Works Uniform Services Monroe County put the uniform contract out to bid for a bid opening on June 21, 2007. The contract was signed by ARAMARK and returned. At that time an ambiguity in item 4, Terms of Agreement, was found. This amendment (I) clarifies the wording of the initial term duration; (2) adds service locations; (3) adds option for 100% cotton garments, and (4) increases contract NTE amount fjcom $25,000 to $35,000. I hereby recommend approval to amend contract with ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC. for the Division of Public Works uniform services. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ~CT. CONTRACT SUMMARY Contract with: ARAMARK Uniform Contract # Services Effective Date: 08/27/07 Expiration Date: 08/26/08 Contract Purpose/Description: Amend ,;ontract for Uniform Services for the Public Works Division to (l) clarify the wording of the initial term duration, (2) add service locations, (3) add option for 100% cotton garments, (4) allow County to use prior contractor until ARAMARK can provide the uniforms, and (5) increase the total contract amount from $25,000 to $35,000. Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meetin on 09/19/07 A emla Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $ 35,000.00 Current Year Portion: $ Budgeted? Yesrgj NoD Account Codes: 001-20501-530-340-&10120505530340 Grant: $ N/A 147-20503-530-340-& 10222500530340 County Match: $ N/A 001-20502-530-340-& 414-40000-530 340 504-23501-530-340-_ ADDITIONAL COSTS Estimated Ongoing Costs: $---..!yr For: (Not included in dollar value above) (ee. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed q I rs01J Division Director ~'\ YesD NoGY Risk Management C("'-r){1JI YesDNoQl q -fg-O) ~u ~ O.M.B./PuI'chasing q -1'i3" -07 YesD No County Attorney I/lnIn- YesEJ No I Comments: I 7L'~ if d,hA,,,,.. !XA.(/If>>. - ~ ~jJ Jc...f l- I D~ Ii"~. ~ I I I JIJ a",c.<. ~........-t i ,,"-lw4ui {fla.;t::k:;rJu" ~O'--l~ P./ -- -1i' , OMB Form Revised 2/27/01 MCP #2 AMENDMENT OF AGREEMENT Uniform Services THIS Amendment is made and entered into this _day of . 2007 between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, and ARAMARK UNIFORM SERVICES, a division of ARAMARK Uniform & Career Apparel, LLC, a foreign corporation authorized to do business in Florida, in order to amend the agreement between the parties dated August 15, 2007 (a copy of which is incorporated hereto by reference), as follows: 1. Paragraph 2. SCOPE OF WORK, Item I. is amended to add additional locations and read as follows: "Item I. Service Locations are as follows: Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Department(s) IncIuded:Facilities Maintenance Department Road Department Higgs Beach Fleet Management Services Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department(s) IncIuded:Facilities Maintenance Department Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department(s) Included:Correction Facilities Marathon Public Works 10600 Aviation Blvd. Marathon,FL 33050 Department(s) Included:FaciIities Maintenance Department Road Department Parks & Beaches Correction Facilities Fleet Management Services Solid Waste: Cudjoe Key Transfer Station MM 21.5 Blimp Road Cudjoe, Key FL Long Key Transfer Station Mile Marker 68 on US 1, Bayside Long Key, FL 33001 1 I 180 SR 905 Key Largo, FL 33037 Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Department(s) Included:Facilities Maintenance Department Road Department Correction Facilities Parks & Beaches Plantation Key Garage Facility 87831 U.S Highway #1 1 Islamorada, FL 33036 Department(s) Included: Fleet Management Services Card Sound Toll Authority 58070 Card Sound Road Key Largo, FL 33037" 2. Paragraph 3. PAYMENTS TO CONTRACTOR, Items D and Item E, are amended to it their entirely as follows: "D. The total contract amount shall be Thirty-Five Thousand and no/100 Dollars ($35,000) and furthermore, to allow for the addition of locations added Paragraph 2. SCOPE OF WORK; this amount shall not be exceeded without amendment to the contract and approval of the Board of County Commissioners. E. PAYMENT AMOUNT Item #1 - Shirts: Long Sleeve 65 % Cotton 35 % Polyester Other (Please Specify) $ 3.19 per person per week Item #2 - Shirts: Short Sleeve 65 % Cotton 35 % Polyester _ % Other (Please Specify) $ 3.19 per person per week Item #3 - Shirts: Polo -0- % Cotton 100 % Polyester _ % Other (Please Specify) $ 3.65 per person per week Item #4 - Pants: Long 65 % Cotton 35 % Polyester _ % Other (Please Specify) $ 3.43 per person per week Item #5 - Pants: Short .65 % Cotton 35 % Polyester ._ % Other (Please Specify) $ 3.43 per person per week Item 6 - Shirts: Long Sleeve .l 00 % Cotton $ 3.25 per person per week 2 Item 7 - Shirts: Short Sleeve 100 % Cotton $ 3.25 per person per week Item #8 - Pants: Long 100 % Cotton $ 4.50 per person per week Monroe County reserves the right to choose style as indicated above. There shall be no additional charge for replacement or repair of damaged garments, any snch charge is included in the above prices." 3. Paragraph 4. TERM OF AGREEMENT, is amended to read as follows: "This Agreement shall commence on August 27, 2007, and ends upon August 26, 2008, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (I) vear. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. Initial delivery of uniforms shall be made on or before October I, 2007. ARAMARK agrees to allow COUNTY to purchase uniforms from another vendor until ARAMARK is able to make the initial delivery, in recognition of the time is takes to measure, make and deliver uniforms. " 4. In all other respects, the original agreement between the parties dated August 15, 2007, remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year fIrst written above. (Seal) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk ARAMARK UNIFORM SERVICES, Witness a division of Uniform & Career Appare By: Print Name !Jjl/!!ilt ~ fkw Vicop. PTPAid,..nt' Title Witness William Thomas Chiaro David Michaelson Print Name Print Name MONROE COUNTY ATTORNEY 3 ~~:~~E~no~M~ ATILEENE W. CASSEL ,,_.~SS'ST~T 99..UNT! ~TTORNEY UNIFORM SERVICES MONROE COUNTY, FLORIDA AGREEMENT FOR UNIFORM SERVICES This Agreement is made and entered into this day of ,2007, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ARAMARK UNIFORM SERVICES, a division of ARAMARK Uniform & Career Apparel, LLC ("CONTRACTOR"), a foreign corporaticn authorized to do business in Florida, whose address is 115 N. First Street, Burbank, California 91502. WHEREAS, COUNTY desires to provide uniform services for Momoe County Division of Public Works, and WHEREAS, CONTRACTOR desires and is able to provide uniform services to Momoe County Public Works; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide uniform services to, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THF. AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF 'rim. WORK: A. Upon award of contract, the Monroe County Division of Public Works shall furnish the Contractor with a list of employee's names, deparlments, and sizes of uniforms required. The Contractor sbalI supply no more than eleven (11) new clean shirts and eleven (11) new clean pairs of pants or shorts, or combination of both, for each employee on the list The amount of new uniforms to be distributed to COlmty employees will be determined upon award of the Contract The garments shall be in the sizes, color, style, and material type as referenced on the list provided to the Contractor. B. Each shirt sbalI have two (2) sewn on patches; one on the right side of the chest "Monroe County Public Works", and one on the left side of the chest indicating the employee's name. C. The Monroe County Division of Public Works designee (Contract Monitor) will inform the Contractor of any additions or deletions from the employee list as they occur. Area deparlment heads shall designate a person(s) who will be responsible to sign for all uniforms picked up and delivered within their respective deparlments, and notify All_I 1 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA the contract monitor of any and all changes covering contract services, Le., adding or deleting an employee, etc. D. Each week, the Contractor shall obtain soiled unifonns from the locations described in Paragraph I, below. Soiled unifonns shall be replaced with the exact amoWlt of clean garments. E. All the garments shall be, and at all times remain, the property of the Contractor. F. Worn out or damaged garments shall be replaced by the Contractor on an as needed basis as directed by the CoWlty at no additional cost to the County. There will be no fee or charge for unreturned items should any garment being returned to Contractor be deemed Wlusable by Contractor. G.. Prices shall include all instalIation, preparation, i.e. prep charges, swing suit, name tag, CoWlty emblems, and style/color, replacement ofwom out or damaged garments, and shall be on a "per employee" basis. Shirts shall be white, light brown. or light blue. Pants and/or shorts shall be light brown. dark brown. or dark blue. There will be no additional fee or charge for these services when uniforms are replaced for any reason and/or new employees are added. H. Upon delivery, an employee of the Contractor, in the presence of the County's Designated Representative, will COWlt the number and types of garments delivered, and shall provide the County with. a receipt stating the number and types of garments delivered, which receipt shall be acknowledged by the signature of the COWlty'S Designated Representative as to accuracy and receipt. At the same time, and the same locations, the Contractor shall collect and count, in the presence of the COWlty'S Designated Representative, all the garments previously supplied, which have become soiled, for laundering and subsequent re-delivery, and shall provide the County with a receipt both as to the numbers and types of garments collected, which receipt shall be acknowledged by the signature of the COWlty'S Designated Representative as to accuracy and receipt. These receipts must be signed by the County's designated representative or the invoice cannot be processed for payment. 1. Service Locations are as follows: Monroe CoWlty Garage Complex 3583 S. Roosevelt Blvd. Key West, PI. 33040 Department(s) Included:Faci1lties Maintenance Department Road Department Higgs Beach Monroe County Courthouse Annex 502 Whitehead Street Key West, PI. 33040 Department(s) Included:Facilities Maintenance Department Monroe COWlty Detention Facility 5501 College Road Stock Island, FL 33040 Department(s) Included:Correction Facilities Agreement 2 May 2007 I , ., UNIFORM SERVICES MONROE COUNTY, FLORIDA Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Department(s) Included:Facilities Maintenance Department Road Department Parks & Beaches Correction Facilities Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Department(s) Included:Facilities Maintenance Department Road Department Correction Facilities Parks & Beaches Card Sound Toll Authority 11180 C.R... 905 Key Largo, FL 33037 3. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. CONTRACTOR shall submit invoices to COUNTY with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, roles, and regulations as may govern the Clerk's disbursal offunds C. COUNTY sha11 pay in accordance with the Florida Local Government Prompt Payment Act Invoices will be paid on a MONTEL Y schedule in arrears. Payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. D. The total contract amount shall be Twenty-Five Thousand and no/lOO-Do11ars ($25,000.00) and, furthermore, this amount shall not be exceeded without amendment to the contract and approval by the Board of County Commissioners. E. PAYMENT AMOUNT Item #1 - Shirts: Long Sleeve ~ % Cotton ,u % Polyester Other (please SpecifY) $ 3.19 per person per week Agreement 3 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA Item #2 - Shirts: Short Sleeve M % Cotton ~ % Polyester _ % Other (please Specify) $ 3.19 per person per week Item 113 - Shirts: Polo -0- % Cotton 100 % Polyester _ % Other (please Specify) $ 3.65 per person per week Item #4 - Pants: Long ~ % Cotton 22 % Polyester _ % Other (please Specify) $ 3.43 per person per week Item #4 - Pants: Short M % Cotton 65 % Polyester _ % Other (please Specify) $ 3,43 per person per week Monroe County reServes the right to choose style as indicated above. There shall be no additional charge for replacement or repair of damaged garments, any such charge Is Included In the above prices. 4. TERMS OF AGREEMENT This Agreement shall commence on August 27, 2007, and ends upon August 26, 2008, unless tenninated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at tenns and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2) years. Agreement 4 May 2007 '. . UNIFORM SERVICES MONROE COUNTY, FLORIDA The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE OF CONDmONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout thetenn of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall m.intAi'l all books, records, and documents directly pertinent to perfonnance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the tenn of the Agreement and for four years following the tennination 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 pwposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shalI allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMT .EgS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold hannless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate tennination of this agreement. Agreement 5 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA Prior to execution of this agreement, CONlRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. 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 $1.000.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. DIDEPENDENTCONTRACTOR At all times and for all purposes under this agreement CONlRACTOR is an independent and not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe COUNTY. 11. NONDISCRIMINATION COUNTY and CONlRACTOR 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 Agreement 6 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (pL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval sha1l be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REOUlREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any Agreement 7 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE 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: --- --.- Monroe County ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC Facilities Maintenance Department 3583 South Roosevelt Boulevard 115 N. First Street Key West, FI. 33040 Burbank. CA 91502 Agreement 8 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to Use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION The COUNTY may terminate this Agreement with or without cause prior to the beginning of the manufacture of the furnishings. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. 19. GOVERNING LA W. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the. laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Ag....men! 9 May 2007 UNIFORM SERVICES MONROE COUNTY, FLORIDA 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR If no resolution can be agreed upon within 30 days after the frrst meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Agreement 10 May 2007 " UNIFORM SERVICES MONROE COUNTY, FLORIDA 28. PRIVILEGES AND IMMlJNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSffiILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NO~RELUNCEBYNON~ARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Agreement 11 May 2007 , UNIFORM SERVICES MONROE COUNTY, FLORIDA 33. EXECUTION IN COUNTERP ARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. SECTION HF..<\DINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNYL.KOLHAGE,CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Mario Di Gennaro Date: Date: Witnesses for CON1RACTOR: ~---- (1_~rhJ/J Signature of person authoriz~ Signature legally bind Corporation Date: August 1. 2007 August 1. 2007 DAvId MirhA...l_Rnn:.vP Print Name Address: 115 B. First Street 'Rn"r'h.a'ftJrj "'1. Q11;.0' Telephone Number 818-973-3720 MONROE COUNTY ATTORNEY PPROVED AS TO AM: ATILE:ENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date 7" 7" 0'7 ~nt 12 May 2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19.2007 Division: Public Works Bulk Item: Yes X No - Department: Correction Facilities Staff Contact Person: Robert Stone AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system. ITEM BACKGROUND: On May 31, 2007, our current contract with Siemens Building Technologies, Inc. expired with no additional options to renew. Bids were opened on August 15,2007, with Siemens Building Technologies submitting the only proposal. PREVIOUS RELEVANT BOCC ACTION: On May 16, 2007, the BOCC approved a month to month contract with Siemens Building Technologies, Inc. until bids could be received and a contract awarded. CONTRACT/AGREEMENT CHANGES: new contract STAFF RECOMMENDATIONS: Approval. TOTAL COST:$12t500.00 BUDGETED: Yes -L No - COST TO COUNTY: same SOURCE OF FUNDS: Fines and Forfeitures REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH_ Year - APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: lncIuded X Not Required_ DISPOSITION: AGENDA ITEM # (I) ..s:: +- +- ~ ~ () '0 ~ ~ I- -0 . (1)-0 Z ~ .~ () 00 0 ~~ u 00000 ..s::~ o "0'0 U 0- W 0 00.0. c: (I) - 00000 (1)(1) - 0 ~\OOVO (l)e () 0 .... ~ .".. ~ ..0 ._ ~ V"..'""' (I)+- ::E W .. \O......~N" >-0 (I) U ~ 'YH/H.A- ~ ~ .,g 5 o Z 1-...... ~~ Z CC z ~ ..8~ .. CC Z 5 0 Ol L... ~ (I) ~ .. W ~"'Ox Q) (I):E ..~ I- ::E:..... - L......... +- I- A. iti Z <:( I- ffi ~ ~ u ~ .!!! 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(I) ~ (,9 Q) S- -0 -0 ..s:: ()> W 0>- .e(l) 5-8 ~ (I) I- .....I ffi .~ ~ ~ 5 t? ~ (I) ~ 0 0.. ~ Z ~ ~ I - > w z .. 0.. +-::J :J ... :I: Ol L: +- 0 I/) S- ~ (I) 0 U C r~ 5 (I) "i:S 0 Z W ...., (t).- +- "'0 ~ <A-o u Mil 0 I- s- .::! (I) ._ ~ o..:J ~ ..s::+- > W (J) (,9 co +-u +-~ (I) Z C:.- +- > 0 ~ ~ ...... L... (I) ..0 0 c: L: 1-41 ~ 0 Q) (t)::J ..s::o 0 II. .....I 0.. ~~ +-u U ...... Ul ~ (I) .c -Sl 00 .. :::> Q) (I) ..s:: '-.~ >- W co U (I)+- ts- ~ ~ .- +- ...... (I) ..2 -0 I- (J) li:. ;t 0 u u.. (I) ...... Z e (I) >-'+- c: ...... ...... eS- ..00 (I) I- W 0 (I) (I) 0- ::E: C u~ s-~ 0 W :::> ~ (1)0 -0 ...... -0 ~ ..s:: +- ._ (J) oo~ ~I/) ~ CORRECTED BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19.2007 Division: Public Works Bulk Item: Yes ---"-- No - Department: Correction Facilities Staff Contact Person: Robert Slone/289-6077 AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Siemens Building TL'Chnologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; the Courthouse Annex's fire alann system; and the Marathon Government Center's buildinJ! automation system. ITEM BACKGROUND: On May 31, 2007, our current contmct with Siemens Building Technologil:s, Inc. expired with no additional options to renew. Bids were opened on August IS, 2007, with Siemens Building Technologies submitting the only proposal. PREVIOUS RELEVANT BOCC ACTION: On May 16,2007, the BOCe approved a month to month contract with Siemens Building Technologies, Inc. until bids could be received and a contmct awarded. CONTRA<:T/AGREEMENT CHANGES: new contract STAFF RECOMMENDATIONS: Approval. TOTAL COST: $121.500.00 BUDGETED: Yes ---"-- No - COST TO COUNTY: same SOURCE OF FUNDS: Fines and Forfeitures REVENUE: PRODUCING: Yes - No X AMOUNT PER MONTH_ Year - APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included X Not Required .._ ._ DlSI'OSITlON: AGENDA ITEM # C-22 Revised V05 ., ..c: .... .... ..I ., s::: 0 .~ It I- ~ . z .,] ~ '- 0 00 0 U.... ., .- V oooC!o ..c: U U ., W 0 ciciC!oC! ~ ~ :ill: 0 ooo~o 0 LrllOo ,0 0 0 ~"':Ll!.\O~ ..0 .5 Z Lrl .,.... 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I- ...... III ~] o ~ z (!) Gl ... >- 0 U W 0 .... ., 5~ E- (I) E ...J L. .~ s: ., 5 ::J I- 0 Gl ~~ Q. Z C. ::J Q. I Z Z ... ., It w , o .. .... ::J :! J: 01 - .... "U) S Cl U c a 5 ... .,0;, 0 Z W :.c I.J :! :;;;] +- CC 0 I- U '5 ... :> c.. (!) .. Q. ..c: +- W en III .... U .... U ., It w z 5 +- "> 0 0:: ...... L. ::c " s::: L: 101 Cl Gl i ::J ..c: 0 <3 u. ...J c.. Q. ....I.J ...... l/I 1: ~" .. ::> Gl '- ~ ~ W III u &l +- +- .- ..I 'C +- l'b li; 6 ~ I- en c.. :t: UlL .. 101 Z .... E ~ >-.... 5 I- w E ..0 0 "c: .. ., Q. ::E 0 ..0 0 ::> I.J ! li;+- w ~ ..c:~ ~ ...... en iii H\I) iii . ME M 0 RA N D U M DATE: September 13, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - September 19, 2007 BOCC Meeting Approval to A ward Bid and Execute Agreement - Siemens Building Technologies, Inc. On May 31, 2007, our current contract with Siemens Building Technologies, Inc. expired with no additional Qptions to renew. On May 16, 2007, the BOCC approved a month to month contract with Siemens Building Technologies, Inc. until bids could be received and a contract awarded. Bids were opened on August 15, 2007, with Siemens Building Technologies submitting the only proposal. I hereby recommend approval to award bid and enter into a contract with Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff s Administration Building's fIre alann system and building automation system; the Juvenile Justice Center's fIre alann system and building automation system;.the Courthouse Annex's fire alann system; and the Marathon Government Center's building automation system. JWK/jbw Enclosures , MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTSUNUdARY Contract with: Siemens Building Tech Contract #_ Effective Date: October 1,2007 Expiration Date: September 30, 2008 Contract Purpose!Description: Contract for the testin ,certification, and maintenance of the Detention Center's fIre alarm s stem, buildin automation s stem, and smoke control s stem; the Juvenile Justice Center's fire alarm s stem and buildin automation s stem; the Sheriff Administration Building's fIre alarm system and building automation system, the Courthouse Annex fire alarm s stem; and Marathon Government Center's buildin automation s stem. Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meetin on 9/19/07 A enda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: $ 121,500.00 Current Year Portion: $ -0- Budgeted? YeslZl No 0 Account Codes: 101-20505-530-340-_ Grant: $ N/A _-_-_-__ County Match: $ N/A _-_-_-_-_ - - - ----- ADDmONAL COSTS Estimated Ongoing Costs: $-"yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out !t"lln Noodod 0 ~'~,w~ I rII"J} DivisianDirector ~'7 YesDNaQ/. b ...~ ~I [)llu r Risk Management ~1 YesD NaB' 1D ~ I ~ [5-07 pjl(. ,...,t; ~~ /' O.M.B./Purchasing Q-I'6-01 YesD Nol:{j K. e::r" County Attorney "'/1'-I1~"'t YesD Noll9 ~ -/...!fJJ Comments: ,)() .rh\,<..s ...-J.u.;k.,.,..,"'Y>.*" 6~c..lu.<i +D (~-h"'-~C OMB Form Revised 2127/0t Mep #2 1 , FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING. CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA AGREEMENT FOR TESTING, CERTIFICATION, AND MAINTENANCE MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BffiLDING AUTOMATION SYSTEM (HV AC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HV AC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM 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 11 00 Simonton Street, Key West, Florida 33040, and SIEMENS BUILDING TECHNOLOGIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 10111 Business Drive, Miramar, FL 33025. WHEREAS, COUNTY desires to provide testing, certification, and maintenance services for various public facilities, and WHEREAS, CONTRACTOR desires and is able to provide testing, certification, and maintenance services to various public facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide testing, certification, and maintenance services to various public facilities, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: Agreement 1-1 September 2007 , , FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING. CERTIFICATION AND MAINTENANCE MONROE COUNTY. FLORIDA 1. THE AGREEMENT The Agreement consists of this document and Attachment 1 only. 2. SCOPE OF THE WORK: SPECIFICATIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE FOR VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS: BUILDING AUTOMATION SYSTEM DEVICES. IN CURRENT NUMBERS: BUILDING TYPE DESCRIPTION QUANTITY , (# UNIT~ MONROE COUNTY A V ARlABLE AIR VOLUME 01 A V) 26 DETENTION CENTER WITHOUT HEAT MONROE COUNTY B V A V WITH ELECTRIC HEAT 5 DETENTION CENTER MONROE COUNTY C VAV WITH FAN & ELECTRIC 9 DETENTION CENTER HEAT MONROE COUNTY D CONSTANT VOLUME WITH 14 DETENTION CENTER ELECTRIC HEAT MONROE COUNTY E FAN COIL UNITS 29 DETENTION CENTER SHERIFF'S ADMINISTRATION A VAV WITHOUT HEAT 28 BUILDING MONROE COUNTY JUVENILE C V A V WITH FAN & ELECTRIC 31 mSTICE BUILDING HEAT MONROE COUNTY C V A V WITH FAN & ELECTRIC 16 GOVERNMENT CENTER HEAT Agreement 1-2 September 2007 , FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA FIRE SYSTEM DEVICES PER BUILDING. IN CURRENT NUMBERS: MONROE COUNTY DETENTION CENTER-EST SYSTEM Smoke Detectors 297 Heat Detectors 38 Duct Detectors (Smoke & Heat) 212 Manual Pull Stations 29 Tamper Switches 29 Flow Switches 13 MONROE COUNTY SHERIFF'S ADMINISTRATION BUILDING-EST SYSTEM Smoke Detectors 23 Heat Detectors 7 Duct Detectors (Smoke) 3 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY COURTHOUSE ANNEX -EST SYSTEM IRC-3 Panel 1 Pull Stations 18 Ion Detectors 75 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 Control Modules (AHU Shutdown, Elevator Recall) 10 Main Controller I Remote Zone Module I Zone Addressable System Card 2 Remote Annunciators 10 Printer I MONROE COUNTY JUVENILE JUSTICE BUILDING -EST SYSTEM Photo Smoke Duct Detectors 12 Ion Smoke Detectors I Photo Smoke Detectors 96 Heat Detectors 17 Water Flow Switches 4 Pull Stations 15 Agreement 1-3 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA A. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish alllahor, material, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing of the Monroe County Detention Center's Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFP A 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition ofNFP A 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition ofNFP A 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's reconnendations and reviewed by the Owner. The Contractor shall maintain and test the "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the Owner's prior approval, the Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The Contractor shall provide cost estimates of such repairs or replacements for Owner's approval. Reimbursement shall be in accordance with this Agreement. Agreement 1-4 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 6) FIRE DOOR EGRESS SYSTEM (FEAR): The Contractor shall conduct tests as recommended by NFP A 101 on the Fire Door Egress System. The Contractor shall test to verify proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. B. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: APOGEE Building Automation System (HV AC) The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the maintenance and testing of the Momoe County Detention Center's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service ~quipment, to enable the Contractor to remotely log-on to this system via regular voice grade dial-up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (I) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy, b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (I) time per year. In the event of memory loss, the Contractor shaH reload the database from the current backup copy. Agreement 1-5 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA C) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all V A V s and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator( s) in identifying, verifying and resolving software problems found in executing system tasks. t) SOFTWARE UP-GRADES: The Contractor shall install the latest up-grades to existing system as they become available. 4) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) PNEUMA TIC/ELECTRlC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES Agreement 1-6 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VA Vs, FCUs, VFDs, dampers and controllers. d) CALIBRATION The Contractor shall provide evaluation and calibration of control loops to achieve peak building efficiency and occupant comfort. e) INSPECTION Verify proper operation of all V A V s and fan coil units. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on-site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. C. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: Smoke Control System Agreement 1-7 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the certification, maintenance, and testing for the Monroe County Detention Center's Smoke Control System, including but not limited to the following: I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: a) Smoke Control Svstem Activation Test: The CONTRACTOR shall test to verify proper function of the Smoke Control System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Smoke Control System override priorities and system reset. b) Smoke Control Svstem Activation Test: The CONTRACTOR shall: . Check Firefighter's Smoke Control Station for switch settings in auto position. . Deactivate stair tower pressurization system. . Run point log and verify that the system is in the normal state. . Perform manual smoke control system activation priority test. . After performing individual zone test, reset system. Document that system has been made ready. . Return stair tower pressurization system to active mode. . Reset smoke control system and verify that system is ready for smoke control. . Document fmdings. Test performed per requirements set forth in the HV AC prints for Monroe County Detention Center (Reference Sheet 10.37). c) Firefi2hter's Smoke Control Station (FSCS) Test: The CONTRACTOR shall test to verify operation of the FSCS by placing each FSCS switch into each of its active positions and observing the actual status or position of the corresponding smoke control equipment. Agreement 1-8 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA d) Smoke Control Svstem FSCS Cabinet Test: The CONTRACTOR shall perform the following: . Check diagnostic LED's, fuses and surge transient protection devices. . Check line cards and function cards. Check cabling and ensure that all wiring and terminations are secure. . Check incoming AC power and power supply. Check power supply voltages and adjust to +5 volts if necessary. . Check the time and reset if necessary. . Visually inspect FSCS cabinet and observe operating environment. e) Smoke Control Svstem Control Test Der Smoke Control Zone: The CONTRACTOR shall perform the following: . Check and/or set starters of supply and return fans to their auto settings. . Initiate the auto smoke strategy from fIre alarm system interface. Record all results on "Smoke Control Activation Test Record" form. . Verify, using PT group tables or wild carding, that each piece of smoke control equipment has been commanded per the schedule. . Verify operation. Record and document any problems. Reset smoke control system. f) Emergencv Power Test: The CONTRACTOR shall verify operation of smoke control system emergency power. Verify operation of each smoke control fan, damper and air-handling unit. Verify operation of FSCS under emergency power. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. Agreement 1-9 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA D. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFP A 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition ofNFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition ofNFP A 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. Agreement 1-10 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA E. LOCATION: Sheriff's Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Building Automation System (HV AC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Sheriff's Administration Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log-on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make reconnendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: Agreement 1-11 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all V A V sand TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator( s) in identifying, verifying and resolving software problems found in executing system tasks. 1) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRlC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make reco=endations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VA Vs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's reco=endations and reviewed by the Owner. Agreement 1-12 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on-site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by . systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, materials, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: Agreement 1-13 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFP A 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such reparrs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. 6) MANDATORY WORK HOURS In order to allow for a normal court schedule, Annual Certification and testing shall be performed between the hours of 5:00 D.m. and 7:00 a.m. Coordination with the 16th Iudicial Circuit is required prior to certification and testing of this system. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Florida 33040 SYSTEM: Fire Alarm System The Contractor shall furnish all labor, equipment and documentation to comply with the authority having jurisdiction for the certification, Agreement 1-14 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA maintenance, and testing for the Department of Juvenile Justice Building Fire Alarm System, including but not limited to the following: I) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFP A 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition ofNFP A 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition ofNFP A 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. H. LOCATION: Monroe County Juvenile Justice Bnilding 5503 College Road Stock Island, Key West, Fl. 33040 SYSTEM: Bnilding Automation System (HV AC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Juvenile Justice Building's Building Automation System, including but not limited to the following: Agreement 1-15 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA I) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log-on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPillCS BACKUP: The Contractor shall backup the Insight graphics database one (I) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (l) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (l) time per year, provide evaluation and toning of the critical control loops to maintain system control to peak: efficiency as building and mechanical system characteristics change. Verify operation and calibration of all V A V s and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: Agreement 1-16 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VA Vs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency Agreement 1-17 September 2007 FIRE AlARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on-site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway ~arathon,F1orida 33050 SYSTE~: Building Automation System (HV AC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Government Center Building Automation System, including but not limited to the following: I) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log-on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (I) time per year. In the event of hardware failure, the Contractor Agreement 1-18 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all V A V s and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC AND/OR ELECTRlC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: Agreement 1-19 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VA Vs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAlNTENANCE: The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on-site within 24 hours upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor Agreement 1-20 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. J. RESPONSE TIME - Monday through Sunday, 24 hours per day: The Contractor shall provide emergency service between scheduled preventative maintenance calls, Monday through Sunday, including holidays, 24 hours per day. Emergencies are to be determined by the Owner. K. ON-SITE RESPONSE The Contractor shall be on-site to provide emergency service within 24 hours upon the Owner's request. Non-emergency calls as determined by Owner will be incorporated into the next scheduled preventative maintenance visit. L. DOCUMENTATION OF ALL SERVICES PROVIDED The Contractor shall document each on -site service call and furnish the Owner with a copy showing time, date, and a brief description of activity. Work orders for on-site system preventative maintenance will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. All documentation shall be submitted to the Owner by the Contractor with the quarterly invoice for payment. M. QUALITY ASSURANCE PROGRAM The Contractor shall meet the Owner on a semi-annual basis to evaluate system performance and Owner's satisfaction with the quality of service that is being provided. Contractor is to schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. Contractor shall compile all maintenance criteria and procedures for all systems and equipment as recommended by the Manufacturer. The maintenance criteria and procedures shall be formatted under major headings of which is then to be incorporated into a bar/Gantt chart schedule utilizing Microsoft Scheduler or equal, showing the Contractor's scheduled site visits and the tasks to be accomplished in order to complete the contract's scope. N. STAFFING The Contractor shall provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems Agreement 1-21 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING. CERTIFICATION AND MAINTENANCE MONROE COUNTY. FLORIDA as required pursuant to this Agreement or by law. The Contractor shall utilize any and all other additional personnel that may be necessary for the maintenance of the systems during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the Owner. O. MATERIALS AND EQUIPMENT Such tools and equipment acquired by the Owner or by Contractor for the Owner with budgeted funds will remai1i a part of the facility upon termination of this Agreement. The Contractor shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the Owner informed in a timely manner of all steps taken to preserve and maintain such warranties. P. MAINTENANCE, REPAIR AND REPLACEMENT The Contractor shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFP A requirements and Fire Alarm System, Smoke Control System, and Building Automation System practices. The Contractor shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The Contractor shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The Contractor shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida for a period of twelve (12) months after the earlier of substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by Contractor carries only such warranty as given by the manufacturer thereof and which is hereby assigned to County. THE EXPRESS WARRANTIES SET FORTH HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES WHETHER STATUTORY. EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. The Owner shall have the right to request copies of maintenance records maintained by the Contractor during normal business hours. The Contractor shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow Agreement 1-22 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA any other party to act, so as to interfere with the effectiveness of such warranties. Q. FINES AND PENALTIES The Contractor shall be liable for the following: I) Any fines or civil penalties which may be imposed by any governmental or quasi-governmental agency or body; and 2) any judgments or liabilities arising from actions by non-government or quasi-governmental agencies or bodies for violations of applicable county, state, and federal laws and regulations to the extent directly arising out of, or resulting from, the performance of its duties and obligations under this Agreement, including, without limitation, acts and omissions of the Contractor, its employees, agents, officers and subcontractors. The Contractor shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of the Contractor pursuant to the terms hereof. R. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope of maintenance and testing and a markup rate for materials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Article XXVI of the Monroe County Code. All repair work necessary requiring reimbursement for funding by the Owner will require prior approval by the Owner unless it is deemed an emergency and the Owner's representative cannot be contacted. In such case, documentation will be required certifYing emergency requirement immediately after the fact. S. SPECIAL PROVISIONS TOOL CONTROL PLAN-The Monroe County Detention Center requires a Public Works Department staff member to inventory all visitor's and contractor's tools on the approved Visitor/Contractor Tool Inventory form prior to entering and departing the facility. Only those tools necessary for the project will be allowed inside the facility. Contractors shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall have in his/her possession a contractor tool inventory. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section 16 of the Monroe County Administrative Instruction #6606.1 and the Contractor Agreement 1-23 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY-The Monroe County Detention Center is a non- smoking facility. Employees and contractors are not permitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are brought into this facility, the act is considered to be an Introduction of Contraband which is punishable by law. The minimum action that a Contractor may expect from the Monroe County Sheriff s Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. T. SPECIFICATIONS The specifications contained herein are considered to be the minimum standards required. The maintenance of the systems shall comply with all applicable Federal, State, and Local codes and ordinances. 3, PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on quarterly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the 1" day of the following month in three (3) month periods. The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTOR's proposal as follows: Monroe County Detention Center $64,500.00 per year Agreement 1-24 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA Sheriff's Administration Building $17,600.00 per year Key West Courthouse Annex $5,500.00 per year Monroe County Juvenile Justice Building $26,400.00 per year Monroe County Gove=ent Center $7,500.00 per year E. COUNTY shall compensate the CONTRACTOR for Additional Services performed under this Agreement, as follows: 1. The actual cost of parts and materials purchased from manufacturer as described in Attachment 1. A Manufacturer's Invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. If the CONTRACTOR and the Manufacturer are the same entity, CONTRACTOR shall confirm and provide the COUNTY with best customer pricing status. ii. The cost of labor and equipment used by the CONTRACTOR to compensate the CONTRACTOR for Additional Services will be calculated using the unit prices set forth in the CONTRACTOR's bid as follows: 1. Labor - normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays See Attachment 1 2. Labor - overtime rate, other than the normal working hours, including weekends and holidays See Attachment 1 iii. Total Compensation to CONTRACTOR for additional services under this Agreement shall not exceed TWENTY-FIVE THOUSAND AND NO/lOO DOLLARS ($25,000.00) unless pre-approved emergency work requiring additional funds is implemented. 4. TERM OF AGREEMENT This Agreement shall commence on October 1, 2007 and ends upon September 30, 2008, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one year. Agreement 1-25 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-V) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) but only to the extent caused by the services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents in performing the services. 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 Agreement 1-26 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $500,000 bodily injury by accident, $500,000 bodily injury by disease, policy limits, and $500,000 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEIDCLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100,000 per person, $300,000 per occurrence, and $50,000 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits ofliability of not less than $1.000.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY within fifteen (15) days of the award of Bid 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. Monroe County shall be named as an additional insured on the Vehicle Liability and Commercial General Liability insurance. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteerS. 9. NO~W~ROF~Y Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Agreement 1-27 September 2007 . . FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING. CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to fmd CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title vn of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC 99 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC 9 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC 99 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, 99523 and 527 (42 USC 99 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VITI of the Civil Rights Act of 1968 (42 USC 99 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC 99 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply Agreement 1-28 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 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 laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14, DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Momoe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Agreement 1-29 September 2007 \ FIRE; ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 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: FOR CONTRACTOR: Monroe County Siemens Building Technologies Inc. Facilities Maintenance Department 10111 Business Drive 3583 South Roosevelt Boulevard Miramar, FL 33025 Key West, Fl. 33040 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 A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. The COUNTY may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR Agreement 1-30 September 2007 , FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Agreement 1-31 September 2007 . , FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSffiILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by 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 Agreement 1-32 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. FORCE MAJEURE Contractor shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control. including but not restricted to acts or omissions by County or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, Agreement 1-33 September 2007 , FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workers. riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles. fuel, labor or materials. 36. CONSEOUENTIAL DAMAGES AND LILMITATIONS OF LIABILITY Anything herein notwithstanding, in no event shall either County or Contractor be liable to the other party for special, indirect, incidental or consequential damages, including comrtlercialloss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages and, in any event, Contractor's aggregate liability for any and all claims, losses or e){penses arising out of the Agreement, or out of any goods or services furnished under the Agreement, whether based in contract, negligence, strict liability, agency, warranty, trespass, indemnity or any other theory of liability shall be limited to the lesser of$I,OOO,OOO or the total compensation received by Contractor from County under the Agreement. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date fust written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY 1. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor Mario Di Gennaro Date: Date: SIEMENS DING TrHNOLOGIES, Witnesses for CONTRACTOR: INC. ~ ..;./~Noe G. Bermudez By: -::7 . Assistant Secretary Sign e of person authorized to Signature legally bin!i.T.o~ration Date: <-t. ( 0'1 1';)70 ( orge 1: Burck, Jr. TEl- if7 Director, ACMl1nting Date , Print Name Governance & Compliance GMt/ill f7tj~1 Address: Signature . f /p!1t PAM MISSlY Telephone Number I) (!7 CONrRACT COOROINATOR Date MONROE COUNTY ATTORNEY "* ~ROVI;:D AS T,Q FQF,lM: ~ -F-.. f+,.....U' APPROVED BY LEGAL CYNTHIA L. HALL ~~.m~. ,..., 1-34 A5515TAIH CO~~NEY ~ . r@.' ' Date '1- .'r- 0+ Dou . Doly -1""" ~lq~:"'4 f~cJ f:r;a- -- Lf- O"L.'~ .>>JT.J.J ~ fo -te.. h'1> -S+.uw~ i- ~ n J 1~' _~~-f.'chme~t 1 IEMENS South Florida -LABOR and MATERIAL RATES EFFEalVE January 1, 2007 HVAC Mechanic- Pioefltter cialistITechnician $135.00Ihr or l;lectricallnstaller $98.00Ihr $ 1 60.001hr Prolect ManaCler $160.00lhr ':eage charge included for metropolitan areas. Mileage charges will be added beyond 60 miles. rtime Rates are defined as follows: , NDAY - FRIDAY (Outside of Normal Business Hours.) 1.5 x APPROPRIATE RATE - )URDA Y'S _ 1.S x APPROPRIATE RATE NDAY'S& HOUDAY'5 _ 2.0 x APPROPRIATE RATE "ORMAL BUSINESS HOURS 8:00 AM - S:oo PM, MONDAY THRU FRIDAY " . ..A $loo.00Iday TRAVEL PER DIEM WILL BE ADDED TO OVER NIGHT STAY AS REQUIRED. INIMUM SERVICE TIME 'itHOUR MINIMUM CHARG.E, dispatch or via Siemens On-Une Service , .' ~n:CHNICAL SUPPORT PROGRAM CUSTOMERS(TSP): RECEIVE A 50% DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published in the Powers Controls PneumatidElectronic & Apogee Automation PRIONG GUIDE. RECEIVE "Trade Net- PRICING FROM SIEMENS FIRE SAFETY COMPONENTS as ptJblished in the FIRE SAFETY PRICE LIST. All OUTSIDE MATERiAl INCLUDING MATERIAL FROM OTHER SIEMENS DIV1SIONS WILL BE SOLD PER THE OUTSIDE PURCHASE MARK.UP SCHEDULE. RECENE A 20% OtSCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPUc. ENGINEER, SPECIAlISTrrECHNlCIAN) -(,:,.-,. RECEIVE A 10% DISCOUNT ON MECHANICAUELECTRICAL LABOR (HVAC MECHANIC, PlPEFmER, ELECTRICAl INSTALLER) ;", Mark-Up for Outside Purchased Material :;; For use when calculating pricing of non-standard products for Labor & Material and Non.lnstalled product lines. r:.: SIEMENS COST MULTIPLIER $ 0.01 thru $ 150.00 = X 2.00 $ 151.00 lhru $ 500.00 = X 1.75 $ 501.00 thru $ 5,000.00 = X 1.65 $ 5,001.00 and up = X 1.55 '~iemens Building Technologies. Inc .tOl 11 Business Drive tiramar, FL 33025 ~S4) 364-6600 . . . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Public Works Bulk Item: Yes ---.L. No - Department: Facilities Maintenance Staff Contact Person:John W. King, 292-4431 AGENDA ITEM WORDING: Approval to pay outstanding SubZero, Inc. invoices required for emergency air conditioning repair and maintenance in the amounts of$I,052.00, $209.00 and $461.50. ITEM BACKGROUND: Two emergencies arose (Key West Library chiller and Lester Building 3rd floor) and proposals were requested from three companies. Prior to installing new equipment for the above two emergencies, SubZero was called to keep the current equipment running. Board approval is needed to authorize the payment of these three vendor invoices in the amounts of $1,052.00, $209.00 and $461.50 because the vendor has received payments in excess of $25,000 during the current fiscal year. PREVIOUS RELEVANT BOCC ACTION: On September 17,2003, the BOCC awarded the bid and contract to Sub Zero, Inc. for the Lower Keys A1C Maintenance and Repair; on August 18, 2004, the BOCC approved the fIrst of two one-year renewal options; and on July 20, 2005, the BOCC approved the second and [malone-year renewal option which expired on October 19, 2006. On October 18,2006, the BOCC approved a month-to-month contract extension but on May 16,2007, the month-to-month contract was rescinded as SubZero elected not to continue on that basis. On August 15, 2007, the BOCC approved payment of outstanding SubZero, Inc. invoices required for emergency air-conditioning repair and maintenance totaling $30,926.28. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $1,722.50 BUDGETED: Yes ~ No - COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes - NoX AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBlPurchasing Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Engineering Bulk Item: Yes -1L No - Department: Facilities Development Staff Contact Person/Phone #: Jerrv Barnett X4416 AGENDA ITEM WORDING: Approval of a First Amendment to Contract with MBI/K2M Architecture, Inc. for the design and construction administration of a new Public Works Facility. ITEM BACKGROUND: MBI/K2M Architecture Inc. completed the drawings for the Public Works Facility which were approved and accepted by staff Value Engineering to reduce construction cost estimates was performed to revise the scope of work, thereby reducing costs by approximately $1.1 million. In accordance to Article 3.5, of the original Contract with MBI/K2M Architecture, Inc., Contingent Additional Services, the Architect is entitled to payment for additional services due to revisions in drawings, specifications when such revisions are inconsistent with approvals or instruction previously given by the County including revisions made necessary by adjustments in the County's program or Project budget. PREVIOUS RELEVANT BOCC ACTION: On September 20,2006, the BOCC granted approval to rescind the contract for Professional Services with MBI/K2M approved on August 16, 2006, and approved a revised contract which included the names of personnel and their function. CONTRACT/AGREEMENT CHANGES: Scope of work amended through value engineering to reduce costs. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $25.640.00 BUDGETED: Yes -1L No - COST TO COUNTY: $25.640.00 SOURCE OF FUNDS: One-Cent Infrastructure REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH_ Year - APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSmON: AGENDA ITEM # Revised 11/06 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer ~ FROM: Ann Riger, Contracts Administrat Facilities Development DATE: August 21,2007 RE: Agenda Item - First Amendment to Contract AGENDA ITEM WORDING: Approval of a First Amendment to Contract with MBJ/K2M Architecture, Inc. for the design and constroction administration of a new Public Works Facility. ITEM BACKGROUND: MBIIK2M completed drawings based on the original scope of work proposing a project estimate of$4,813,316.00. Staff, after accepting and approving the design, was directed to reduce costs through Value Engineering. The Scope of Work was revised reducing costs associated with the stroctural design, electrical, fire protection, plumbing, and mechanical design, for a savings of nearly $1.1 million. The First Amendment provides a list of the revised items. Article 3.5 of the original contract dated September 20, 2006, Contingent Additional Services, allows the Architect/Engineer additional payment when services are due to revisions that are inconsistent with approvals or instroction previously given by the County including revisions made necessary by adjustments in the County's program or Project budget. PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006, the BOCC granted approval to rescind the contract for Professional Services with MBI/K2M that was approved on August 16, 2006, and approved a revised contract which included the names of personnel and their function. CONTRACT/AGREEMENT CHANGES: Changes in the scope of work as defined in Exhibit HA ". STAFF RECOMMENDATIONS: Approval as stated above. 1bank you. If you have any questions please call me at ext. 4439. AR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MBI/K2M Architecture Contract #_ Effective Date: 09/19/07 Expiration Date: Contract PurposelDescription: Amend contract for Professional Services for the design and construction administration of the Public Works Facilitv. Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $ 25,640.00 Current Year Portion: $ 25,640.00 v Budgeted? Yesl2$] NoD Account Codes: 304-24000-560620-CG0501-530310 Grant: $ N/A - - - - ----- County Match: $ N/A - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed 1/J1,tJ1 Division Director tii!l:J)!) YesD NoQ/" RiskMaTent %J..'-\til YesDNe"1 ) PJu. ~ t;, d O.M.B./Purch ing <3-2.3 -67 YesD N County Attorney ~(1-;/o? YesD NoCY Comments: -J '0 ~:ts. ~@- ~~" p-tL~. ......p.1~ ~4..~ - Rk OMB Form Revised 2/27/01 MCP #2 /J1K- ~{Y1&A FIRST AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCH1T.I!:CT/ENGINEER TIllS FIRST AMENDMENT (hereinafter "AMENDMENT") made and entered into on the 19th day of September, 2007, to the CONTRACT BETWEEN OWNER AND ARClITfECTIENGINEER ("CONTRACT') for the Public Works Facility, entered into between MONROE COUNTY ("COUNTY") and MBIIK2M ARCHITECTURE, INe., ("ARCHITECTIENGINEER") is made in order to amend the CONTRACT, as follows: WITNESSEm WHEREAS, on the 20th day of September, 2006, the parties entered into a CONTRACT for the design and construction administration of a new Public Works Facility to be located on Rockland Key, Monroe County Florida; and WHEREAS, the original scope of work should be revised pursuant to value engineering; and WHEREAS, the ARClllTECTIENGINEER will re-design the Public Works Facility utilizing the revised scope of work; and WHEREAS, there will be an additional cost for the redesign in the amount of $25,640.00 over the original contract amount; and now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. ARTICLE II, Scope of ARCIllTECT/ENGINEER'S Basic Service shall be amended to add section 2.6.6 below, which shall read as follows: "2.6.6 The scope of work is amended to reflect the following changes as agreed between the parties as a result of value engineering: a. Architectural, Civil, and Structural: - Reduce paving to include only the entrance and handicap parking area. - Eliminate mansard roof, go to flat or pitched roof - Eliminate Sheriff s living quarters area and drop the roof in this area. - Reduce landscaping to minimum code requirement. - Lower fence from 8' to 6' high. - Change interior walls to metal studs with dry wall where possible. - Use hollow core interior doors. - Interior sign package to be done by User (not in contract). - Change drainage system and use gravel parking area per approval from County Engineer. - Eliminate fenced and covered outside storage area. b. Electrical: - Use aluminum feeders for lOOA and above. 1 - Delete power and lighting for the sheriff's substation. - Electrical modifications to support plumbing and mechanical V.E. items. c. Fire Protection: - Delete fire protection for the sheriff's substation. d. Plumbing: - Delete plumbing piping, fixtures, water heater, provisions for washer/dryer for the sheriff's substations. - Consider combination roof drain/overflow to reduce the number of roof penetrations. - Delete the floor drains in the maintenance area and delete the oil/water separator and associated piping. - Base bid is floor drains. Alternate is to delete them. - CPVC domestic water above grade in the office areas. - PVC storm and sanitary piping above grade. - Roof scuppers in lieu of overflow drains and piping. - Delete (2) hose reels and have (1) hose reel serve (4) bays. - State water heaters in lieu of A.D. Smith water heaters. e. Mechanical: - Delete Big Ass FansO (Manufacturer Name) and replace with ceiling fans/mist system or just ventilate with roof mounted exhaust fan EF -1. - Base bid is without The alternate is to install them. - Combine EF-I and EF-2 in to (I) fan. - Delete the mechanical equipment, exhaust fans, ductwork etc for sheriff's substation. - Combine exhaust fans EF-6/EF-7 in to (1) fan. Additional ductwork would be required. - Combine exhaust fans EF-4/8/9/10/11112 into (1) fan. Additional ductwork would need to be provided. - Combine 1 st and 2nd floor toilet exhaust fans into (1) fan. Minimal additional ductwork would be required. f Fiberboard ductwork for the supply and return duct in the office areas. 2. Paragraph 8.1.1 shall be amended to add the following: "(E) An additional Twenty Five Thousand, Six Hundred and Forty Dollars ($25,640.00) shall be added to compensate the ARCHITECT/ENGINEER for the changes in the scope of work under the Construction Documents Phase as set out above; as approved by the COUNfY and the ARCHITECT/ENGINEER. Nothing in this paragraph shall change the percentage formula for compensation as set out in 8. 1. 1 (A) of the CONTRACT. 3. This AMENDMENT is done under the authority of the CONTRACT at Paragraph 3.5 Contingent Additional Services. 2 4. The remaining terms of the CONTRACT, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this AMENDMENT to be executed on the date first above written by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman DATE: (SEAL) Attest: Or Witness: By: Signature Print Name Date: Witness: Signature Print Name Date: Date 3 - -- " '",:-..::, '-"-'- - ~ - -.... -', ::_- ...-_,...., ,~.. -'- ''''';'' u - " - ... - ..;., ~ - '- - , -~- ;--, Simonton Street Key West FL 33040, (the County") and MBI/K2M ARCHITECTURE. If'-/C 604 Whi+oho""d Stroot l-(ov ltije<::t I:"L '4.".{040 i"!lr.....hitoc+/i::nginoo(') on tho ~ riay \I .,' . 1.- t'-...... ......._, I...."; '.- ~..." vV.. \ J UVt '- v,,-- I l......._, l....... -If;\. ~t, 2006. 20 - Th I~ t -: ~ ~ . . d b th' r . t .. d d' 'h P . , . e pro.eSSlona ser!lces reqUire y .IS ,-,ontrac are to be ren ere ror t.e ubllc Works Facility, identified as the Project described as follows: Design and Construction Administration of a new Public Works Facility to be located on Rockland Key, Monroe County, Florida. The new facility is described as a 15,000 square foot government center to include an 11,000 square foot garage and work shop building. The new facility will include a vehicle and heavy equipment maintenance and repair shop with all associated repair equipment, welding shop, paint shop, overhead trolley, and lifts. Also included are a carpenter shop, sign shop, equipment and material storage. ,~\dmjnjstrative offices for Fleet Management and Facilities Maintenance include a meeting room, restrooms, showers, and iocker room. The site will also have a 24 hour, 7 day a week fueling station for County Vehicles. A County controlled environment document storage area may be included. NOW, THEREFORE, in con s ideration of the mutual promises, covenants and :~.'Jr-~?~~~~t"? ~t2t80 her"3!r ,'Jrd f!")~ cth,A;i n"Jor.:' S'nrl ',~~::'dU8fi~s r:-:r-)rJsfd0:tihcr; :h0 '~~ ,tfficf~nc,:/ - ',! i -; ~ ,.1 ; '-" ,c;~'i- D(t~j t~t F-\n- 'l',j~~_ .'~ .--~ '" .;:, ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, the Architect/Engineer makes the following express representations and warranties to the County. 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for the Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project. 1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect/Engineer for the Project until the Architect/Engineer's duties there under have been fully satisfied. 1.1.3 The Architect/Engineer has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated. 1.1.4 The Architect/Engineer shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The standard of care for all professional services performed or furnished by Architect under this Agreement will be the skill and care used by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Architect makes no warranties, express or implied, under this Agreement or otherwise, in connection with Architect's services. 1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect/Engineer shall submit, to the County, a schedule for the performance of the Architect/Engineer's services which may be adjusted as the Project proceeds if approved by the County, and shall include allowances for periods of time required for the County's and Construction Management's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule shall not, except for reasonable cause, be exceeded by the Architect/Engineer, or County. ARTICLE II SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The DeSign for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Page 2 of 24 August 1, 2006 Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The Architect/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the County to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the County. 2.2.2 The Architect/Engineer shall review with the County and Construction Manager: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the County and Construction Manager alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the County, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals mutually agreeable to the County, Construction Manager and Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of Schematic Design for the County's review and the Construction Manager's information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with the design development phase: 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the County's approval and the Construction Manager's information. 2.2.7 The Schematic Design must be approved in writing, by the County prior to Architect/Engineer continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the County. Perspective renderings and models, if required by the County, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the County's written approval. The Architect/Engineer shall perform the following design phase tasks: a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design Page 3 of 24 August 1 . 2006 solutions in written form for: a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions in written form for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. c. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions in written form for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the County in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Manager's review and the County's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the County, Construction Manager and Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the County's review and the Construction Manager's information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the County's approval and the Construction Manager's information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the County prior to Architect/Engineer continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. Page 4 of 24 August 1, 2006 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed b. Structural grid or system c. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Floor, slab, and level elevations g. Typical door types h. Typical partition types i. Built-in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by County") j. Larger scale (e.g., W'). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full-height facades including roof structures b. All fenestration c. Overall vertical building and floor heights d. Indicate cross-reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal/glasscurtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., :X"). Dominate full- height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction c. Back-up structure, abutting floor systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1-1/2",3") as required. Indicate key conditions, examples are as follows: a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section Page 5 of 24 August 1, 2006 b. Hollow metal (typical only; keyed to plans and schedules) c. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross- referenced to, floor and reflected ceiling plans. Indicate: a. Breaks b. Level changes c. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings c. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames c. Preliminary hardware d. Windows/glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural/engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions c. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Nontypical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule Page 6 of 24 August 1 ,2006 g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the Architect/Engineer) I. Details indicating accommodation with mechanical/electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set a. Typical floor plans. Systems representation In diagrammatic (nondetailed) style, major items of equipment indicated, their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam c. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. d. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer) e. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan--building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. c. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points e. Indicate areaways, vaults, access to sub grade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, beams, terraces, etc. i. Plant materials (indication and preliminary schedule) J. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others k. Design development specifications I. Any necessary adjustments to the preliminary estate of construction cost. Page 7 of 24 August 1, 2006 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project of in the construction budget, the Architect/Engineer shall prepare, for approval by the County and Construction Manager, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the County's and the Construction Manager's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the County's and Construction Manager's approval. Once approved the Architect/Engineer shall provide the County eight (8) complete signed and sealed sets of construction drawings and five (5) completed Project Manuals with technical specifications, saved electronically in Adobe Acrobat file (.pdf) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the County and Construction Manager in the preparation of the necessary bidding information. 2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Architect/Engineer, following the County's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Construction Manager in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The Architect/Engineer shall assist the Construction Manager in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. Page 8 of 24 August 1, 2006 2.7.3 The Architect/Engineer shall, provide to the County, all necessary documents required to secure building permit. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRA TION OF THE CONSTRUCTION CONTRACT 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the County of the final Project Certificate for Payment including the submission of all project close out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the County/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the County. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the County throughout construction of the Project. Instructions, directions, and other appropriate communications from the County to the Contractor shall be given to the Contractor by the Architect/Engineer or Construction Manager. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the County or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the County from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the County directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the County. 2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shal', at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Architect/Engineer shall protect the County from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the Architect/Engineer shall submit a written report of such inspection, together with any appropriate comments or recommendations to the County. Page 9 of 24 August 1, 2006 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the County Approvals of Payment in such amounts. By issuing an Approval of Payment to the County, the Architect/Engineer reliably informs the County that the Architect/Engineer has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the County is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the County to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The Architect/Engineer shall have authority, after notification to the Construction Manager, to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the County, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to County when requested. Page 10 of 24 August 1, 2006 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the County's approval and execution in accordance with the Contract Documents. Architect/Engineer to take appropriate action within 7 calendar days. 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract prrce. 2.8.12 The Architect/Engineer shall require inspection or reinspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect/Engineer, assisted by the Construction Manager, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the County a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical and electrical engineering portions of the work. The Architect/Engineer shall forward to the Construction Manager warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 I nterpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between County and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the County and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the County (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the County's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the County and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The Architect/Engineer shall transmit to the County all manuals, operating instructions, as-built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. Page 11 of 24 August 1, 2006 . 2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the County, and the Architect/Engineer shall make available to the County any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the County, the Architect/Engineer will do this under an expert witness with compensation at a rate of $150.00 per hour. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to the County that same are in conformity with construction as completed. 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. ARTICLE '" 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the County as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the County before commencement. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5 is required, the Architect/Engineer shall provide one or more project representatives to assist in carrying out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing detailed quantity surveys or inventories of material and equipment. 3.4.2 Providing analyses of owning and operating costs. 3.4.3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. Page 12 of 24 August 1, 2006 3.4.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.5 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.4.7 Providing service relative to future facilities, systems and equipment. 3.4.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Architect/Engineer's final estimate described in paragraph 5.1). 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.10 Providing services of consultants for other than architectural/engineering, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice. 3.4.12 Providing assistance with public agencies requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.4.13 Providing representation before public bodies in conjunction with approval of project, upon approval by County. 3.5 CONTINGENT ADDITIONAL SERVICES 3.5.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the County, including revisions made necessary by adjustments in the County's program or Project budget; b. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or c. Due to changes required as a result of the County's failure to render decisions in a timely manner. 3.5.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the County's schedule, or the method of bidding or negotiating and contracting for construction. Page 13 of 24 August 1, 2006 3.5.3 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.5.4 Providing services in connection with public hearings. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The County shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect/Engineer, which shall include the Construction Cost, the County's other costs and reasonable contingencies related to all of these costs. 4.2 The County shall designate the Construction Manager to act on the County's behalf with respects to the Project. The County or Construction Manager shall render decisions in a timely manner pertaining to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer's services. 4.3 The County shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The County shall furnish the geotechnical tests when requested by the Architect/Engineer. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The County shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the County may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the County. 4.6 The services, information, surveys and reports shall be furnished at the County's expense, and the Architect/Engineer shall be entitled to rely upon the accuracy and completeness thereof. 4.7 Prompt written notice shall be given by the County and Construction Manager to the Architect/Engineer if they become aware of any fault or defect in the Project or non- conformance with the Contract Documents. 4.8 The proposed language of certificate or certificates requested of the Architect/Engineer or Architect/Engineer's consultants shall be submitted to the County for review and approval at least 14 days prior to execution. The County shall not request Page 14 of 24 August 1, 2006 certifications that would require knowledge or services beyond the scope of this Agreement. 4.9 The County shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer's services and work of the contractors. 4.10 The County shall furnish the Architect/Engineer copies of written communications. 4.11 The County's review of any documents prepared by the Architect/Engineer or its consultants shall solely for the purpose of determining whether such documents are generally consistent with the County's criteria, as and if, modified. No review of such documents shall relieve the Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.12 The County shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design of Construction, the Architect/Engineer shall submit to the County in writing its final estimate of the contractor's anticipated price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Architect/Engineer to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the County of all elements of the project designed or specified by the Architect/Engineer. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the County and equipment designed, specified, selected or specially provided for by the Architect/Engineer, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the Architect/Engineer and the Architect/Engineer's consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the County, until the bids are within the stated limits. ARTICLE VI 6.1 INDEMNIFICATION AND HOLD HARMLESS 6.1.1 The Architect/Engineer covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including Page 15 of 24 August 1, 2006 property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with. or by reason of services provided by the Architect/Engineer in any tier, occasioned by the negligence, errors. or other wrongful act or omission of the ArchitectlEngineer in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the ArchitectlEngineer is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the ArchitectJEngineer, the ArchitectlEngineer agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. ARTICLE VII 7.1 PERSONNEL 7.1.1 The ArchltectlEngineer shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this contract, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Michael Inqram - Principal, Architect, I A~thony S~~qo - Draftsman I I Scott Maloney - Principal, Architect I TanyaOldja- Dra~II J. Shannon Smith - prolect Manager Dee McKenzie - Adminl ~ Craig Pennington - Dra taman I Pam Giesler - AdminiCle - So long as the IndMduals named above remain actively employed or retained by the ~fJ ArchitectlEngineer, they shall perform the functions indicated next to their names. If ~ there are substitutions to the IndMduals named above, the ArchitecllEngi~ .y 'I'! promptly notify the County. P1 ARTICLE VIII 8.1 PAYMENTS 8.1.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the ArchitectlEngineer shall be paid monthly, In accordance with the following schedule: (A) The ArchitecfuraVEngineering fee shall be based on the following criteria: 1. Schematic Design 15 percent 2. Design Development Phase 30 percent 3. Construction Documents Phase 35 percent 4. Bidding or Negotiation Phase: 5 percent 5. Construction Phase 15 percent An estimated construction cost of $3.6 million ($3.600,000.) and a fee percentage of 8% shall be used to calculate the architectural/engineering fee. The fee will be adjusted when the actual construction cost is known, with a percentage of 8% used to calculate the fee. If the project is suspended for a period of at least six months, an adjustment will be determined by mutual agreement and as approved by the Monroe County BOCC. Page 16 of 24 August 1. 2006 A final adjustment will be made when construction is complete. (B) For the performance of the optional additional services and contingent additional services described in Article "' of this contract, provided same are first authorized in writing by the County, the Architect/Engineer shall be paid hourly at the rates identified in Exhibit A, or as negotiated. (C) If the Architect/Engineer's duties, obligations and responsibilities are materially changed through no fault of the Architect/Engineer after execution of this contract, compensation due to the Architect/Engineer shall be equitably adjusted, either upward or downward; (D) As a condition precedent for any payment due under this contract, the Architect/Engineer shall submit monthly, unless otherwise agreed in writing by the County, an invoice to the County requesting payment for services properly rendered and reimbursable expenses due hereunder. The Architect/Engineer's invoice shall describe with reasonable particularity the service rendered. The Architect/Engineer's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the County may require. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable expenses include expenses incurred by the Architect/Engineer in the interest of the project: a. Expense of transportation submitted by Architect/Engineer, in writing, and living expenses in connection with out-of-county travel authorized by the County, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the project; c. Reproductions as requested only by the County (beyond 8 signed and sealed full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set, and one re-writable CD); d. Postage of Drawings and Specifications, except for those charges for postage between the Architects/Engineers branch offices and between the Architect/Engineer and his consultants. e. Renderings and Models requested by the County. ARTICLE IX 9.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 9.1 The Drawings, Specifications and other documents prepared by the Architect/Engineer for this project are instruments of the Architect/Engineer's service for use solely with respect to this project. The Architect/Engineer shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights. Architect/Engineer's Drawings, Specifications and other documents shall not be used by the County or others on other projects, except by agreement in writing. The Architect/Engineer's drawings and specifications, and other documents, may be used for completion of this project by others. . Page 17 of 24 August 1, 2006 9.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect/Engineer's reserved rights. 9.1.3 The As-Built drawings and specifications will be furnished by the contractor to the County in electronic format in addition to the original As-Built documents. 9.1.4 The County may utilize the construction documents, As-Built documents, etc. as required for reference on any necessary future work on the site. ARTICLE X 10.1 SUCCESSORS AND ASSIGNS 10.1.1 The Architect/Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the County which shall not be unreasonably withheld. ARTICLE XI 11.1 NO THIRD PARTY BENEFICIARIES 11.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XII 12.1 INSURANCE 12.1.1 The Architect/Engineer shall obtain insurance as described in 13.1.2 and maintain the required insurance at all times this contract is in effect. Errors and Omissions Insurance shall also be maintained for a period of two years after final completion of the project. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer's failure to purchase or maintain the required insurance, the Architect/Engineer shall indemnify the County from any and all increased expenses resulting from such delay. 12.1.2. The Architect/Engineer shall furnish the County certificates of insurance indicating the following coverages or in excess thereof: Worker's Compensation in the amount of Statutory Limits; Employer's Liability $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease, policy limits, $1,000,000 Bodily Injury by Disease, each employee; General Liability (Premises operations, products and completed operations, Blanket Contractual Liability, Personal Injury Liability, Expanded Definition of Property Damage) $1,000,000 combined single limit, Vehicle Liability should extend a liability for owned, non-owned, and hired vehicles with coverage of $1,000,000 combined single limit; Architects Errors & Omissions with $3,000,000 per occurrence/$3,000,000 aggregate. All sub consultants must have the same coverage. Monroe County shall be named as an additional insured on the General Liability and Vehicle Liability policies. 12.1.3 The coverage provided herein shall contain an endorsement providing sixty (60) days notice to the County prior to any cancellation of said coverage. Said coverage shall Page 18 of 24 August 1, 2006 be written by an insurer acceptable to the County and shall be in a form acceptable to the County. ARTICLE XIII TERMINA TION 13.1 Either party hereto may terminate this contract upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. Termination expenses shall include all usual expenses until date of termination and any additional services required in order to stop performance of services, subject to County audit for verification. Architect/Engineer shall not include additional expenses not directly related to termination after notice is given. 13.1.1 The County may terminate this agreement without cause by giving the other party thirty (30) days written notice. 13.1.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE XIV ENTIRE AGREEMENT 14.1 This contract constitutes of the form of agreement (Articles I-XV), the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the ArchitecUEngineer will control. 14.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE XV Added Requirements 15.1 The following items are part of this contract: a) Architect/Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with 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 Architect/Engineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, the ArchitecUEngineer shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to County. Page 19 of 24 August 1 2006 b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Architect/Engineer agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. c) Severability. If any term, covenant, condition or provIsion of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Architect/Engineer agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect/Engineer 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, as an award against the non-prevailing party, and shall include attorney's fees and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect/Engineer and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid. Architect/Engineer and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Architect/Engineer agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Page 20 of 24 August 1, 2006 i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Architect/Engineer agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect/Engineer specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrim ination. Architect/Engineer and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Architect/Engineer or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect/Engineer and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The Architect/Engineer and County warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Page21of24 August 1, 2006 Architect/Engineer agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect/Engineer and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect/Engineer and County in conjunction with this Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. 0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the Architect/Engineer and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity 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 Architect/Engineer and the County agree that neither the Architect/Engineer nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Architect/Engineer agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Page 22 of 24 August 1. 2006 Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. v) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed on the date first above written by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONR(j)E COUNTY, FLORIDA BY:~~'~~ By: \" 'J '- Deputy Cler Mayoi-'JChairman (Seal) ARCHITECT/ENGINEER Attest: MBI/I Ar~hit.ct~:'nc. . Or By: /~~ ~./C1.._ ~~i~ Name') Witness: .J-i /C/J.:fJ-GL ...d ' / AJ~9,..tAJv! Print Name .0 Print Name Witness: --1ku-g, .Y7. _Jlu~ hl'(6:Cj-O/~ . - ('C~114 Y), ~u~ AI ;i'-L/~U ;: Title Print Name / ,U__ dj/ /0 ~ ji/()/iOE COUNTY ATTORNEY APPROVED AS TO FORM: __J~ 1 (\\ ~. ,-- /1 yy L ~f R,r. ~,. :;:,. j ......'V~\..r:I >" _.' J . L<S SU$/. N M. GRIM EY ASS/STAN' COUNTY ATTORNEY W1/6fi Page 23 of 24 August 1 . 2006 . SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE mbi I k2m Architecture. Inc warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee' v olation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in i dis retion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agree nt r purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or considerati n p d to the form County officer or employee" . Date: STATE OF: Florida COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~ t!. ~ who, after first being sworn by me, affixed hislher signature (name 0 individual gning) in the space provided above on this .Jl q day of ~.,A../ ,20.f!L. i i i A--~J hJ >>;~ ~ ; t i i ! NOTARY PUBLIC ! I DENISE M. McKENZIE I NOTARY PUBLIC, STATE OF OHIO My commission expires: Recorded in Cuyahoga County I My Commission Expires Jan. 15, 2007 , OMB - MCP FORM #4 I I I " If _I'~' ACQflJ)_ CERTIFICATE OF LIABILITY INSURANCE MB~~~".ls~ 0A~~7;D;;;;;, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Selvaggio, Teske & Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3401 Enterprise Pkwy. Ste. 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Beachwood OH 44122 Phone: 216-839-2800 Fax: 216-839-2815 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Hudson Insurance Company 25054'~ INSURER B rnbi -k2m Architecture Inc. INSURER C 1'40 2530 S . AS' . t 302 n'~e Cv'mf'" ,_ uperl.or ve. Ul. e INSURER 0 "'-'i"i/"" , Cleveland OH 44114 '.' ',1S .~"., 'rl~rl"!t)"t INSURER E i COVERAGES THE POLICIES OF INSURANCE LISTED BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8ifn\iiJ'iUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOl'f(6~,sti6H.._, -'1 ""_ POLICIES. AGGREGATE L1MI rs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ?EI"'EI\'EOW:. ____._.: L TR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS I GENERAL LIABILITY $ I F'"i""^' G"'''' '"'''"' .., , ", '}''':':.i.:'' , I 'CLAIMS MADE 0 OCCUR - A~,_~ ; "Ii' . ,$ J - 1J.i'R ";:/ i l PERSONAL & ADV INJURY I $ I I GENERAL AGGREGATE 1$ ;C;;'L AGGREGATE LIMIT APPLIES PER _:i:'-ii:~ .J :; : l"'t/l' -. ....- : PRODUCTS. COMP/OP AGG I $ '_____ ~ r--; PRO. ,'E<:::~'l::f)'r. ~.... . /:!., .. ._.'___' I POLICY I JECT LOC AUTOMOBilE LIABiliTY i ! I COMBINED SINGLE LIMIT , $ ANY AUTO I I (Ea accident) I ALL OWNED AUTOS " I BODtL Y INJURY I ' , $ SCHEDULED AUTOS . . \ I / (per person) I \ ".' . I HIRED AUTOS .j /,' .'.' /....., ! BODILY INJURY $ _ , NON.OWNED AUTOS t, \ ; (per acCident) I \ /.J J PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITY AUTO ONLY _ EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESs/UMBRELLA liABILITY EACH OCCURRENCE I $ OCCUR 0 CLAIMS MADE AGGREGATE I $--- 1$ DEDUCTIBLE . $ RETENTION $ ! $ I WORKERS COMPENSATION AND I I rCJRY LIMITS ; 'ER 'I EMPLOYERS' LIABiliTY r.:--~ , .1-=-+_____ I ANY PROPRIETOR/PARTNER/EXECUTIVE 0':!::~CCIDEN~____2_________ I OFFICER/MEMBER EXCLUDED? I E L DISEASE _ EA EMPLOYEEI $ II ye.. d"scrlue under f. __ _ _ SPECIAL PROVISIONS below E L DISEASE _ POLICY LIMIT ' $ OTHER I I I Professional Liab. AEE7204500 04/13/07 04/13/08 Ea. Claim $3,000,000 I ClaimS-Made A re ate $3 000,000 :RIPTION OF OPERATIONS /lOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS rtificate Holder: Monroe County / Facilities Development Dept. o Day Cancellation applies, except for 10-Day Notice for non-payment of iUnium TlFICATE HOLDER CANCELLATION MONR - 05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe Coun ty DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAil 30 DAYS WRITTEN Facili ties Development Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHAll Ann M. Rigger-Contractor Admin . 1100 Simonton St., Room 2-216 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Key West FL 33040 REPRESENTATIVES. AUTHOR EPR ENTA TlVE D 25 (2001/08) ., ACORDN CERTIFICATE OF LIABILITY INSURANCE OP 10 l~ DATE (MMlDDIYYYY) K2MDESl OB/16/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlDr ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Talbot Insurance Partners HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9930 Johnnycake Ridge Road ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW Mentor OH 44060 Phone: 440-942-2152 Fax: 440-942-2204 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: State Auto Mutual Ins. Co. 25135 INSURER B mbi ( k2m Architecture, Inc. INSURER c: Scot C. Maloney, ~.A. 2530 Su~rior Ave 302 INSURER D: Cleveland OH 44114 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TR' IN'SR POLICY NUMBER DATErMMIDDIYY 'POLl LIMITS TYPE OF INSURANCE DATE MMlDoiYY\ I GENERAL LIABILITY EACH OCCURRENCE $ 1000000 I f-- PREMISES (Ea occurence) COM MERCIAL GENERAL LIABILITY BOP2202233 $ 300000 - :=J CLAIMS MADE D OCCUR MED EXP (Anyone person) $ 5000 - "---"-- "-'-~._- A X Business Owners OB/08/07 08/08/0B PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $2000000 GEN'L AGGRnE LIMIT APPLIES PER: PRODUCTS. COM PlOP AGG $2000000 I POLICY FJIl& n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 f-- A ANY AUTO BOP2202233 OB/OB/07 OB/08/08 (Ea accident) -- ALL OWNED AUTOS BODILY INJURY -- $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY (Per accident) $ ..!.. NON-OWNED AUTOS "- - PROPERTY DAMAGE $ , (Per accident) I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ i r1 ANY AUTO i OTHER THAN EA ACC $ I r-i AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND IT~c;,tf~~;1; I IO~' -- I EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE BOP2202233 08/0B/07 08/08/08 EL. EACH ACCIDENT $ 1000000 -- OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1000000 ~~~I~~~~V~~~s beklw EL. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is named as Additional Insured. CERTlFICA TE HOLDER CANCELLA TlON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Monroe County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Attn: Ann M. Riger IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR The Historic Gato Cigar Factor 1100 Simonton st., Suite 2-216 REPRESENTATIVES. Key West FL 33040 AUTHORIZED REPRESENTATIVE Yvonne M. Kinnev ACORD 25 (2001/08) @ ACORD CORPORATION 1 ACORD. CERTIFICA TE OF LIABILITY INSURANCE OPID 9 DATE (MMlDDNYYY) MBIK2-1 08/16/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE selvaggio, Teske & Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 3401 Enterprise Pkwy. Ste. 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Beachwood OH 44122 Phone: 216-839-2800 Fax:216-839-2815 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A Hudson Insurance Company 25054 INSURER B mbi-k2m Architecture, Inc. INSURER C 2530 superior Ave. suite 302 INSURER D Cleveland OH 44114 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS NSRt POLICY NUMBER I POLICY LIMITS LTR lYPE OF INSURANCE DATE (MMlDDIYY) DATE (MM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ - =:J CLAIMS MADE 0 OCCUR MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP M:,G $ I POLICY n ~"2T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODIL Y INJURY I--- $ SCHEDULED AUTOS (Per persoo) I--- HIRED AUTOS BODIL Y INJURY I--- $ NON-OWNED AUTOS (Per accldenl) I--- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILl1Y AUTO ONL Y - EA ACCIDENT $ I ==1 ANY AUTO OTHER THi'N EA ACC $ I AUTO ONL Y AGG $ i EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I =:J OCCUR o CLAIMS MADE AGGREGATE $ I $ ==1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ITORY LIMITS I IU~~ EMPLOYERS' LIABILl1Y ANY PROPRIETORIPARTNERIEXECUTIVE E L, EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ I ~~21:s~~eV~~~S below E L, DISEASE - POLICY LIMIT $ OTHER A professional Liab. AEE7204500 04/13/07 04/13/08 Ea. Claim $3,000,000 Claims-Made Aggregate $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS certificate Holder: Monroe County / Historic Gato Cigar Factory *30 Day Cancellation applies, except for 10-Day Notice for non-payment of premium CERTIFICATE HOLDER CANCELLATION MONR-06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 30 DAYS WRnTEN Historic Gato Cigar Factory - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Ann M. Rigger-Contractor Admin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 1100 Simonton st., #2-216 Key West FL 33040 ACORD 25 (2001/08) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Engineering Bulk Item: Yes ~ No - Department: Facilities Development Staff Contact PersonlPhone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Receipt of montWy report on Change Orders reviewed by the County Administrator's Office. ITEM BACKGROUND: There were eight change orders considered and approved by the County Administrator for the period beginning August 1, 2007 and ending August 31, 2007, for a total of $49,363.72, PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non-cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a montWy report of all change orders considered by the County Administrator. CONTRAC~AGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes N/A No - COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year - APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSmON: AGENDA ITEM # Revised 11106 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administrator Facilities Development DATE: September 4,2007 RE: Agenda Item - Change Order Report -- AGENDA ITEM WORDING: Receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. ITEM BACKGROUND: There were eight change orders considered and approved by the County Administrator totaling $49,363.72. They are as follows: 1. Monroe County Sheriff's Office Roof Replacement - Change Order No. 3 for a no cost time extension of 75 days to September 20, 2007. 2. Tavernier Fire Station - Change Order No. 9 for a no cost time extension by 34 days, from July 28, 2007, to August 31, 2007. 3. Tavernier Fire Station - Change Order No. 10 for an increase of$8,422.44 as follows: To cap off the water supply to construction area while keeping water to the equipment bays $645.75; provide support detail to the tie beam in the exercise room $615.69; and to remove loose floor tile prior to the new floor installation $7,161.00. The floor was originally to be installed on top of the oldfloor tiles. 4. Tavernier Fire Station - Change Order No. 11 for an increase of$2,835.00 to purchase and install telephone cables that are usually installed by our Technical Services department. Technical Services is unable to install the cables in the time required. 5. Tavernier Fire Station - Change Order No. 12 for an increase of $7,186.20 requested by the fire department that certain masonry walls be finished with concealed electric conduits, outlets, and switches because they are in public areas of the station. 6. Big Pine Key Park - Change Order No.1 for an increase of $9,500.00 to furnish and install 4 additional ADA sinks and 4 additional ADA mirrors as required by Building Code during permitting, and after the plans were drawn and posted for bid. 7. Card Sound Road Bridges Rehabilitation Project - Change Order No. 1 for a decrease of$606.52 due to less quantities of steel and timber required than was anticipated. 8. Freeman Justice Center - Change Order No. 37 Revisedfor an increase of$22,026.60 for the following: Modification of the wall systems to resolve fire-rating discrepancies at two pass-through windows $2,756.25; time and material for framing changes and repairs made throughout the building to accommodate mechanical issues $14,275.80; furnish and install 120V lighting circuits, including connections and controls for three building directories $1,464.35; furnish and install an aluminum safety extension to the roof access ladder per OSHA requirements $471.90; relocate copper lines in the ;rut floor bathroom to accommodate fire damper additions in the ductwork $649.21; and to furnish and install a cashier type pass-through window in room $3061 in lieu of a sliding window, funded by the 1 r!' Judicial Circuit $2,409.09. PREVIOUS RELEVANT BOCC ACTION: On September 9,1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non- cumulative change orders for constroction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A Thank you. lfyou have any questions please call me at ext. 4439. AR '0 -g ~il -::;IV.... ~ 8- c: ai :-g5-~IV>-~.p8.c?:lq:: t:;- IU '0.8 U ~ c: BE IU 3l",fi 15'Oil g.aJi~ ~ ~ -IV ..... ~1='Eo5~....~-gu~:g6~ Ci ::J- c: ~ ~~ IV "'.l!i.8~P.o.E""lJcEIUUIU ~ E E Ec: o\38fIV~~o~omu 0 [6 ::J ~ u IVIVE q:: '0 "iii lJlV ?! ~ ulV a IV ~E B~-c:'5i >-c:.85'6fi .~ :u ~ 8 -~ [~~~ [m~~B~~.E Qj ~ IV~ U ..... 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LO ~ 0 2: - - as N ,,~ (J\~ N "-' N .... c:t - - - - - - (I) Z 0 U :tI: 0 .... N oc 0 f"l (J\ .... .... .... .... .... " U f"l ,'" ~tl '- lI:: c: c: c: c: ~ Eo< -c: 0 0 0 0 ~ 'O~ U IV P P P P IV .c: til .B til til IU ;!fie u =; Ul Ul a.. '0 a.. IV t:;-IV~ ~ ~ ~ >- ~5 u i c:ulI: II: II: II: ~ ~19 tl 615 .... .... .... '- IV ::J ..... j:l.; U ~ IV IV IV c: c:= C C C c:: c: c: ::J'- IU IV .... '- .... '- ~fij e IV ?! IV ?! 01 E > > in .t:: ~ c: {! {! {! {! 'E?l. 0 ~ a e AlA Document G70f' - 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 003 OWNER: [gj Monroe County, FL - Sheriffs Office DATE: July II, 2007 ARCHITECT' [gj Roof Replacement. Marathon. FL . Marathon. Florida CONTRACTOR: &81 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: MK"()6065 FIELD: 0 D & J Industries, etc. Inc. CONTRACT DATE: May 08. 2007 PO Box 430674 CONTRACT FOR: General Construction OTHER: 0 Big Pine Key. FL 33043 THE CONTRACT IS CHANGED AS FOUOWS: (Ine/ude. where applicable, OJI)' undispll1ed all/oum allribll1able to previously executed Constnu:lion Change Directives) To ensure there is time to receive the warranty from Fibcrtite and final invoicing. we are hereby extending your contract time by 75 days. Please note that the contract amount has not changed. il. rmite damage, and after the Contractor has perfonned the initial 300 uare . " :;;gr anticipated that no more than 800 ., acement. The unit price for wood replacement n . . . e negotiated price for this work is not exceed $ I 2.000.00. Z7-e The original Contract Sum was $ 125,000.00 The net change by previously authorized Change Orders $ 24,600J)0 The Contract Sum prior to this Change Order was $ 149,600.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 149.600.00 The Contract Time will be increased by Seventy Five ( 75 ) days. The date of Substantial Completion as of the date of this Change Order therefore is September 20. ZOO7 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. D & J Industries, etc. IDC. Monroe County, FL CONTRACTOR (Firm name) OWNER (Fiml name) ::::{fj B;. P;", "'Y, FL 33043 ii:,lStm.., "',,) . "'y W""" FL . ~ --'~ff~.~ BY (Signatllre) ~ BY (Signall/re) ScoU C Malone David W. Schlapper Robert A. Stone (Typed name) (Typed name) _ (Typed name) 7/11107 -}"- :1 b:rJ '7 / ' '1' ( 0 7 DATE DATE DATE (I ' , fJ~ ~ fill"? ~:Uctl,Ct: Jf2J()'7 AlA [)OCt.meIlt G70118 _ 2001. Copyright @ 1979, 1987. 2000 and 2001 by The Amelican Instlt1Jte of An:hitects. An rights reserved, WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA<~ Document, or any 1 portion of ii, may result In severe civil and crimlnat penalties, and will be prosecuted to the maximum extent possible under the law. 1lIis ctocument was pl'OOOCed by AlAsottware at 15:14:20 on 0711112007 under 0n:Ier No.1 000267063_1 which expires on 1112f2OO7, and is not for resale. User Notes: (1845530586) MONROE COUNfY / ENGINEERING /FACllJTIES DEVELOPMENT CONI'RACf CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 9 Tavernier Fire Station INITIATION DATE: 06/22/07 CONTRACT DATE: August 16, 2006 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 187lhTerrace Miami, FL 33157 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ...... ... ... ...... ...... ................ $984,458.00 Net change by previously authorized Change Orders ... ... ... ............... ...... ...... ... ......... $141.538.96 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was '" ... ... $1.125,996.96 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanaed) by this Change Order ... ... ... '" ...... $0.00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1,125,996.96 The Contract Time will be (increased) (decreased) (unchanged} by ...... ... ......... ... ... ... ... 34 Days The date of Substantial Completion as of the date of this Change Order is ... ... ... ... ...... .. August 31, 2007 Detailed description of change order and justification: A no cost time extension for substantial comDletlon bv U davs. from Julv 28. 2007": ::ust 31. 2007. Delavs Drimarllv due to the addltJon of ADA comollance to the SCODe of the j, This Chanae Order Is O.OO%fthe orlolnal contract amount ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 . Change Order was not induded in the original contract specifications. Yes I2l No 0 If Yes, explanation: A 34 day time extension due to the time required for the addition of ADA compliance to the scope of the project . Change Order was induded in the original specifications. Yes 0 No I2l If Yes, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No I2l If Yes, explanation as to why it is not subject for a calling for bids: . Project architect approves the change order. Yes I2l No 0 If no, explanation of why: . Change Order is correcting an error or omission in design document. Yes DNo I2l Should a claim under the applicable professional liability policy be made? Yes 0 No I2l Explain: 'rEI.,lT lIIEI."T CGC 058205 CGC 057740 CONSTRUCTION CORPORATION RESIDENTIAL CONSTRUCTION INC. w Main Office -10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-96n FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 I Change Request I To: Wilson, Kevin Number: 15 Monroe Cnty Constr Oept Dat.: 6122107 1100 Simonton Street Job: 2006-1010 Tavernier Fire Station #22 Room 2-216 Phone: Key West. FL 33040 Fax: 305-295-4321 o..cr1ption: Extension of Completion Trme to 8/31/07 We are pleased to offer the following specifications and pricing to make the following changes: Overholt is requesting an Extension or time for the completion of the T avemler Fire Station #22. The extended time request is to August 31, 2007. We ask that the substantial completion date be extended due to: 1. Approval of ADA changes Description Price Subtotal: $0.00 Total: $0.00 Submitted by: Pries, Teresa Approved by: Overholt Construction Corp. Date: MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: August 2, 2007 RE: Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #9 for Overholt Construction Corporation is for a no cost time extension of 34 days). This changes the completion date from 07/28/07 to 08/31/07. The time extension is due to the addition of ADA compliance to the scope of the project. According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Friday, August 3, 2007. (i~ ri;rc!:; Debbie Frederick Deputy County Administrator DLF: ode t'age 1 or 1 Campo-Abra >.'~~>__~M____,"~~~ _~~ _~_>_ >_ __'__>__~_~_~____~~__^_~__"~_._~_ _L~~__~_,,~___~_,,^ _______->~__ __< __ ~" _________".~~__~__~_w. _ __~ __. ~___""___ ______~__._________N___.__________ _ _ _ _,,~~__ _ _ . .._ _ _____~~_.. ____~_~ _ _.~ From: Campo-Abra Sent: Thursday, August 02, 2007 11 :58 AM To: County Commissioners and Aides Subject: Tavernier Fire Station Attachments: Change Order #9-0verholt Construction Corp.pdf; Change Order #1 O-Overholt Construction Corp.pdf Please review the attached change orders for the Tavernier Fire Station. Abra Campo Sr. Administrative Assistant OffICe of County Administrator 1100 Simonton St Suite 205 Key Wes-t;. FL 33040 (305)292-4445 8/2/2007 MONROE COUNfY / ENGINEERING /FACll.ITIES DEVELOPMENf CONfRACI' CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 10 Tavernier Fire Station INITIATION DATE: 07/09/07 CONTRACT DATE: August 16, 2006 TO CONTRACTOR: Overflolt Construction Corporation 10460 SW 1SfhTerrace Miami, Fl 33157 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ... ............... ...... ...... ...... .... $984,458.00 Net change by previousty authorized Change Orners ...... ...... ......... ... ... '" ... '" ...... ...... $141,538.96 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Orner was ......... $1,125,996.96 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ... ...... ... ...... $8,422.44 The new (Contract Sum) (Guaranteed Maximum Price) Including this Change Order is ... $1,134,419.40 The Contract Time will be (increased) (decreased) (unchanaed) by .............................. N/A The date of Substantial Completion as of the date of this Change Orner is .................... August 31, 2007 Detailed description of change order and justification: CaD off water suDDlv to constructJon area while keeolna water to the eaulDment bavs $:::: 76 Provide SUDDOIt detail to the tie beam In the exercise room _ 69 ~::;:ve loose ftoor tile DrlOt'to new floor Installatlon ~:;::: This Chanae Order Is .866%( the orIalnal contract amount ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 . Change Order was not included in the original contract specifications. Yes ~ No D If Yes, explanation: Cap an additional connection from the domestic water line in the equipment bay into the renovated section of the building. This was discovered after demolition and the fire station needed to have a water supply in the bay. TIe Beam suppolt detail was not Included In the design package and teSulted from the filed conditions that wen! not foreseen until after demollflon. Removal of existing tile flOOfS that went, or became too loose, to setve as a base for the new tfoorlng. . Change Order was included in the original specifications. Yes D No ~ If Yes, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contrad price (whichever is greater). Yes D No ~ If Yes, explanation as to why it is not subject for a calling for bids: . Project architect approves the change order. Yes l2i:I No D If no, explanation of why: . Change Order is correcting an error or omission in design document Yes DNo l2i:I Should a cfaim under the applicable professional liability policy be made? Yes D No l2i:I Explain: I"B.,tT I'EB.,iT CGC 058205 CGC osn40 CONSTRUCTION CORPORATION RESIDENTIAL CONSTRUCTION INC. Main OffIce - 10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-9677 FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 I Change Request I To: WIlson, Kevin Number: 9 Monroe Cnty Constr Dept 0..:519107 1100 Simonton street Job: 2006-1010 Tavernier Fire Station #22 Room 2-216 Phone: Key West. FL 33040 Fax: 305-295-4321 Desc:riptJon: Seaway Charge to Chip WaR and Cap Une Reason; Field Condition We are pleased to offer the following specifications and pricing to make the following changes: Cap off water supply to area of new construction whle keeping water to equipment bays. Plumber could not do per plan as exisitng conditions would not allow. Description Price Plumbing $615.00 Subtotal: $615.00 Contractors Allowed OH & P 5% $30.75 Total: $145.75 Submitted by: Pries, Teresa Approved by: 0veth0It Construction Corp. Date: 85/87/2887 15:32 385-234-6535 OVERI-O.. T co.IS'TRl.K:TIO PAGE 82 3053813331 81001/001 Seaway PlumbinglJ Inc. Change Order Bus: 30s..367-3225 /-.=, 1~~.1 Fax: 305-367-3331 ...... To: _To ~-- r .lJ:dM ...., PIIuIMla. JaG. Mn: T.... ! a....flol.l.- ~ w.... Co. Ph...... 22 K4''tMJo. PI. 3J416 . . . 11m ~, TabIJ afAN02 0ImIl& II as.. GOt ~... "'Ilo- n 1- 8fddl a.,. 0rnI0t. '".............. *'.... .....to.... .....(1): '~ ~ . Qdp...II........ _1IIIJ/4" ....... fbr.. tJ.dIdIIIs. . , '. -...;-;; ~I il~ ; . ~' I'-~ . ~ t~~ I I e.: I . ;--'f f I )~~,r _ '~l ! """" ' I t!i I j =: ~.... c.::: I . ',.., c. :~! · 11---:' I c:~.' ~ f - ! ._~l ~ C. . ---- . __ II. , ,- I"r:r' :~". ~ ' --~ ....~.: ....---..-; .' > : .. .....,.. , ':':;;' ~ ~ ~ ~.. ___I)'IItIl......."........... ..,.,. Mk"""A l"'S. ....fIlS 'IIL'" ~ ..I...,W..-....... C. N.-.. ...... 611 a.p 0IdIr Ie...... "".... ,.... (_ ___... c.o. ..... ,- . CI \t5.!:9- MIUlIlllUfll__IfMII l""~'~'''''llt I ...~ - wn.....1r Al~ ,.....~. --... ......-.....,. I ill..,...., o...c~-. WI! . L ..I,.... JI!!M: . - .,.~.),.......--...... .. -III: ... <-) n."___~ot""""-....... n- DIll: ItIOdIfNd _-.. ""............ ..... ..... lalllll By. ............,.., ~..WIIt..,....... ~ M I. ..",_.a.w...... TIde:: TIIIa NIt PrIiIt w...: J. ANoItoo 10 Owt.r wm be t-..I tt., ........JlIdd wfdda (1) __ fit.. MoIoe Me _... ~ dIqe wm be..... Ie '1M.. ... 2... ......c *- die.......... JlIIId....... dIN.......... .................. _ __. .... ............., tJJC.., ---.... AalIln......... J.MI - ,-!OINt''' ~ .... _fIIlldpa:Ioe ~00Uft _1IId. ~ U 1..11....... to .. ibed)y"1IOUIt. Culleaaa- ,..... .... 1M...,,"' bt.... .. . CClaft (Jff OOlD> 11..aI~ .AI -:.141 J. ." .......1IIIIfar ........ ... .. JIOClMCIIlI 1", ib..4.)'OlI__........,.....,.....,.... '**- ... -'c'" _..... ... ~ ...,.....,. , .. . . . -.-- -. . . - - lrElI.,fT ",II.,'T CGC 058205 CGC 057740 CONSTRUCTION CORPORATION RESIDENTIAL CONSTRUCTION INC. penence In ut Main Office -10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-96n FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 I Change Request I To: Wilson, Kevin Number: 11 Monroe Cnty Canstr Oept Date: 5115107 1100 Simonton Street Job: 2006-1010 Tavernier Fire Station #22 Room 2-216 Phone: Key West, FL 33040 Fax: 305-295-4321 Description: Tie Beam Support Detail We are pleased to offer the following specifications and pricing to make the following changes: The tie beam In the Exercise Room has no support Detail. RFI #18 was sent requesting deta" and Detail was sent MCF charge to fabricate amended detail. See attached RFI #18 and Change Order form MCF Desaiption Price Reinfordng Steel $586.37 Subtotal: $586.37 Contractors Allowed OH & P @ 5% $588.37 5.00% $29.32 Total: $815.81 Submitted by: Pries, Teresa Approved by: Overf1olt ConslnJction Corp. Date: 05/11/200i 10:07 ~tr 13054515339 ~CF FRAlfI:'iG laJOO5/006' i I f--- I REOUESTFOR I CHANGE ORDER , I I CONTRAcroR_ FIELD OWNER_x_ PROJECT; CHANGE ORDER NO. Overholt ConstnJction DATE: 5/1012007 10460 $. W. 187 Terrace CltANGE ORDER: I/. Milllli. fL 33m CONRACT DA Tfl CONTRACT FOR: Fire Station tl22 . Tavernier. YL SUBCONTRACTOR: MCF Framing & Trim, Jnc POBox 2388 Key Largo, FL 33037 Addition Chauge Order- DdiIIkd Dtscrll1fJM ofCltMft 0rdJtr CIIStmn Fdrit:tue W' $k!dflllly wdUd wlun NcUt IfteMJ /few Stnlf::butd 1 Bum, refer 10 and $UtdI drtIWmg. MCF Fraaiq & Trim, IIle. willllupPIy labor & material for tbe I'oflowing: Material: o..e /1' cutOIll fabricated W'Steel J Beam Support Plate Two '21 tllroup Bolts. oats -' wube.... Total Materials; 386. 72 Labor: Tbree /3/ Hours t 99.65 TOTALCHANGEORDERNO: $ !l6.37 NOT V ALID UNllL SIGNED BY THE OWNER. ARCHITECT OR CONTRACT. The original contract sum was Net cha0&e5 by previously authorized change orders The Contract Sum prior to this chance order was The Contnlct Swn will be increased by this Change Order in the amount of The new Contract Sum including this change order will be The Contract Time will be increased by unknown The Date of Substantial Completion as of the date ofthe Change Order is plus unknown Overholt Construction MCF FRAMiNG & TRlM. INC. 10460 SW 187'" Terrace POBOX 2388 Miami, FL 33 , 57 KEY LARGO, Fl 33037 BY: BY; Owner DATE; DATE' 07-5423P Overholt-Fire SWion 1t22 Ch3ltJe Order. 5.10-1007 OrEBH"T '''EBHIIT CGC 000164 CGC 022801 CONSmUCTION CORPORATION RESIDENTIAL CONSTRUCTION INC.CGC 057740 r Experience in South Florida. Since 1948 lain Office - 10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-96n FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 .1 ! RFI I To: Matthew Fowler, Architect RFltI: 18 21 Ships Way Date: 3/22/2007 Big Pine Key, FL 33043 Job: 2006-1010 Monroe Co. Fire Station #22 Ph: 305-872-4828 Fax: 305-872-1170 Phone: . CC: Wilson, Kevin (Monroe Cnty Constr Dept), Cormier, Can (Monroe Cnty Constr Dept), Ingraham, Cheryl (Monroe Cnty Constr Dept) Subject; Tie Beam in Exercise Room Drawing: A111-21-2oo3; S311-21-2oo3 Spec Section: Cost Impact; yes Schedule Impact: yes Request: Date Required: 3/2712007 TIe Beam in Exercise Room holding up roof has no support detail. Please provide connection detail as demo is in progress. beam is being supported by post shores - drawing attached "..quested by: Pries, Teresa Overholt Construction Corp: Response: See attached Detail SK4, 4-2-07 Answered by: Matthew Fowler, Architect Answered date: April 02, 2007 U~/~./~UVI L~.a~ r AA J.oJVOJ....LOJ.J". .. '_ ~. .~t' 1'JtA&.lm:i 08% . . "'. .... ....~~.I.~~I ',' ~." , v........~...: (:.:. : :;",..""_ . ..' . ..~'..<2;f.i:.}~~,~;;ift,...~~t,~ I I I I. I I I I I I fir I I I I lr'~!c,;1rrYI1I?i r . I t I I I I I .11 J L I.. t l;1 t I ('f:;{.1gff)ii, d L t I I I II J III I I~ t I 1 1 I tlty::t,rH t J. l: 1" \" r \ r 'J. J.J~ LL \' I \\ 1 fl, .:[ifit! ,~ I II I II I I ~~~~l'f' I I 'It;~,~t~.tt"~3J.tr I I I III I I t I I. I fl. I I I J If:!l!i.r;~:', J I II I 1 III '111111 1. III ,I .fJA I I I I J I II I I. I I I krilL :l:.J,~t " I I III I i I I II I I r I I I. tir.4.0;.r0ili: . I 1lil.1 . t: .. 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IL. ~ ~ ww~ ~i~ > ~~ IP PLATE TO MATCH i~~ BEAM FLANSE (TYP J LESEND ~~~ ~~ CD STEEl.. SEAM (SEE PLAN) @ SIMPSoN MSTA (OR EG) STRAP TO ~ ~ ~ @ CONTIMJOUS 2X TOP PLATE EXI5TINlS 2>0 RAFTER CONTRACTOR CUSTOM ORDER PER FASTEN TO STEEL.. aM. W POH:>ER FIEl..D~.W AC 11JA TED FASTENERS PER MFR.. SPEC. ENl5R., AS REGD. FOR FASTENERS TO 0 (SPACE FAS1'ENERS. 12" O.C (ST~) RAf=1"E:R AND BOTTOM PL.A TE @ CONTll'IJOlJS 2X BOTTOM PLATE G) EXISTINiS 2>0 RAFTER FASTEN TO STEEl.. aM. W POYVER AC11JATED FASTENERS PER MFR.. SPEC. (SPACE FAS1'ENERS. 12" O.C (STAGeEReD) @ EXISTING TRIPLE 2X10 6EAM @ SIMPSON (OR EG) li'F' TOP FL.ANiSE HAN6AA @) EXISTING SHEATHING ABOVE (To REMAIN) l- ii U CONTRACTOR CUSTOM ORDER PER I!:!u FIELD MEASlREMENTS (SEE P [;)2 IN ~: SIMPSON c,-200i CATAL.06Ue) :J:-l ..J.,j @ SIMPSON MSTA (OR EGJ STRAP OYER U-l LL EXISTINlS TRiPLe 2XI0 6EAM ~~ CON"fR.AG.TOR CUSTOM ~ PER -<(Z FIELD~.W ~' Ii ~ ENlSR AS ~. FOR FAS~ TO BEAM AND BOTTOM PLATE t~ i~jf ()I!lr~~; lL z ~~ ~ :rWN UJUl ~ :J:Z 1=2: -<(2: ~ 2l- ri SHEET Q;) DETAIL. NEW S-reEL 6EAM TO EXISTlN6 6EAM IN ExERciSE ROOM ..J f SK4 SCALE. N.T.5. ~ " 'fElI.',T 'fElI.',' CGC 058205 CGC 057740 CONSTRUCTION CORPORATION RESIDENTIAL CONSTRUCTION INC. penence m fit Main Office -10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-00n FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 I Change Request I To: Wilson, Kevin Number. 12 Monroe Cnty Constr Dept Date: 6121/07 1100 Simonton Street Job: 2006-1010 Tavernier Fire Station #22 Room 2-216 Phone: Key West, FL 33040 Fax: 305-295-4321 Descrtptlon: Chip Up Loose Roor Tile We are pleased to offer the fonowing specifications and pricing to make the following changes: Areas of existing floor tile, originally to remain in place, has been discovered to be loose. Overholt has been instructed to remove said tile in order to prepare floor for new flooring. MCF to remove on a T & M basis as it is unknown how much actual tile is loose Dumpster Charge DescriptIon Price Demolition (A.t ~ . , Dumpsters ( :3l1.l~ $136.13 Subtota!:tV.aoAX> 17,952.71 Contractor NIowed OH & P @ 5% $7,052.79 5.00% J'If..<<J, Total: 'J /b '.-0 ' Submitted by: Pries, Teresa Approved by: Overholt Construction Corp, Date: MCF FRAMING & TRIM. INC. INVOICE PO BOX 2388 INVOICE NO. 102900 OVERSEAS HWY. #3 DATE KEY lARGO, R. 33037 6/15/2007 07-5199 305-4S1~ FAX 305-451-5339 8W. TO SHIP TO <Mmot ConlIIruction Job ~ PIn: s.loA'22 10160 &Ii 187th TerTaC2 151 MIrinc AVQU.IC MIimf, R. 33157 T.YOrIria'. FL - Are station #22 TaYemIer TERMS DUE DATE 6115/2Wl DESCRIPTION QTY RATE a.ASS AMOUNT Job Sb: Are S1:atJon #'22 . 151 Mame Avenue - Tav8nilr, Fl ~~AGRE!MENT . tI 15.00 /l .'.___.00 - 1 rJlH t"'.... -.J'j....J - Man 8 Hrs. 45.00 360.00 3J)(lIX)7 . LABOR 1 Man 8 I-h. 45.00 360.00 2/2007 -lABOR 1 ,.,. 5 HrI. 45.00 225.00 1/2tXf1- LASOR 1 Man 4 Hrs 45.00 180.00 - LABOR. 2 Men . 8 HIs. Each ..l6 45.00 720.00 - l.ABOR, 2 Men 0 8 HIs. Each -1"6 45.00 720.00 2007 - LABOR 2 Men . 8 HIs. each ~ 45.00 720.00 'I2W1- LA80R 2 Men . 8 Hrs. Each .-f6 45.00 720.00 - lA80R 2 Men 0 8 Hni. H 15.00 720.00 11/200'1- LABOR 1 Man . 2 Hri 45.00 90.00 Rental EqUpment "j 541.25 S41.2S $(jJ TotBf $5,716.25 \ jC.. ~,( () 7 ,-J, b .. CoIlbaca. Fee 10/1mb 0/.1- 5,716.25 C.OI&.J 1,200.11 ORIGlNAL INVOJCE r.,0'7.b ~ 0.00 fA., ~ - 'i1 0.00 Nc8: Labar Ti ~/>~ ..... T ota' .~ ~~ Phone . Fax' &0g3. gf} ~""'9M .1OS-45l-'339 " REOUESTFOR CHANGE ORDER CONTRACTOR_ FIELD OWNER_I_ PROJECT: CHANGE ORDER NO. Overholt Construction DATE: 5/1712007 10460 S.W. 187 Terrace CHANGE ORDER: # Miam~ FL 33157 CONRAcr DATE: CONTRACT FOR: Fire Station #22 Tavernier, FL SUBCONTRACTOR: MCF Framing & Trim, IDe POBox 2388 Key Largo, FL 33037 Addition Change Order- I),fn1wd DescritJtltm of a.",",~ Order Ovu/wlt C01lStnlctJon, Inc. Is requesting from MCF Frlllllblg & Trim, lne. for lIS to chip up loose Floor Tih throughout tile brterlor of tile Fire Stillion. I ful tills Mould be dOlle Oil II TIme & MtBerlal BIl$/s. MCF Framing &: Trim, lae. wiD supply: Labor at the followiog rate: @$45.00/.... hour Plus 10/10% EqaipJDeJlt Reatal for Cldppi.C- andetermfned Materials - undetermined Disposal to be made iato owner supplied dumpster TOTALCHANGEORDERNO:____ $ T&M r .Plus 10/1 oelt. J NOT V AUn UNTIL SIGNED BY THE OWNER. ARCHITECT OR CONTRACT. The original contract sum was Net changes by previously authorized change orders The Contract Sum prior to this change onier was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this change order will be The Contract Time will be increased by unknown The Date of Substantial Completion as of the date of the Change Order is plus unknown Overholt Construction MCF FRAMING & TRIM, INC. 10460 SW 187th Terrace POBOX 2388 Miam~ FL 33157 KEY LARGO, FL 33037 BY: BY: ~~~V Owner Con or ~ DATE: DATE: 07-S423P Ovemoll-Firc Station 1122 Cblnp: Order Interior TiIe- 5-17-2007 If.~...~ci~:..~i - . I .' '. : . . ':fA ,. ~~ .w'" . . , , REQUEST lOa CHANGE CHANGE ORDER ~.~.~ '.. - . ~ IIII.D. . ~.. .,.. H.' y;Z }I . . DATe: NAMI: LOCATIO I Dl!SCRIPrIONofWORK.~'~ . '. ~ .,,-i) ~.~~. ~~~.v . . J """"""l .. JlAn:D'I'lI- USED - , " ") ( ,./ .' . 306-481 ~884 FAX' 305 461..u39 ' " POBOX 2388, KEY LARGO, FL 33037 I ~ lfCB...FMM;IIiTQ~-&-1~ . ~ - -... , ., t... .... ~ .' .. :: ,- ., . , ......\ ..;.". >. . - . . REQUEST FOR CHANGE 1 : CHANGE ORDER ~ 4....4ppnmd: '.. '. . ~ :d7ou --ft ~;a;"- . . DATE: NAN I: LOCATION: ~2.-:- . DESauP.&ON 01 WORK PIItPORiu!D: . ~ QuwauMl /~ I 47~ HaIUII -ee~r(~ r ~~ ... II:;. ~ NA . ~.... .A. . utIIil!D - - I I 306-4&1-4884 FAX 306 461-&3as I I POBOX 2388, KEY l.ARQo, FL 33037 f I I , H-~",'~~~~_~ . ~ ~ . .. .' "'. . t. ...... '.c.:" . . . , .' REQUEST FOR cilANGE CHANGE ORDER ~.....~ ... - . ~- IBI.D_ #.. OftftAK-;......'z_ . ' ..... . DATE: - NAME: I..OCAnON: ~ : 'Y.p'~ . , O-CIUPnoN or WORK ~ (~~~/ '~~d)0 ~ = . ~.. - ~ . atJIIII',...... -'... - I" /( '. ~.... -, . .!ir . ---......, - .- ~ .. '. - - / ~ . .fr= 308-411-4884 fAX'30s 411_ POBOX 2188, kEY 1MGo~ PI. 33037 . , ,~",.... ~~""""'6 ." .. . . '. . '. ..' . . . 0 . . 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J I- IdWR.H, OL1 ~C'!'IO!l i i.......... -.. 1 i 35 OCUN, - REEF DR. lridl 786-in~lfJV . ISUITE: 1'43 laY. J...AR.G.:'. it. 331B7 _ I IA~ MARTY!ilAlR . t ..... 1-. I s' ~. L f .. I : .. , I .. . ~F~ .... T<<ms Oue<Oafe DRIVER I 395-.234~S35f3f1~l~9 I J. NfI:.ro os~nolJ7 -. . f1EM t . ~PTlON . PRlCE.~, .~ !CO f &:&a:gut:llJ y.mi ~ ~~~.., I ~ "PS.66 4'5.00'1' I IN IIDRO~'OFF,A'l'JOBmz., -. '2 -~~.. ,~" . . I . - t i ; i ...; I, , ..... , ....." .,", OVDDU". 'T'CO, " ... \..; . t. , r .I:.II:lIJlJ.LI IUKEIIOlrrOFJOIJsm:? d '2- ~.. JOBNIlMBEIl.. _ ',-. I '- COSTCODE ~.,. , _ I I ___ i1'5N I / GLACCT~ /! ,. ~'. _' .' I /-'-, iI. / APPROVID AMT. t= ~,l ' 1/. ,'" ( ;' - .. j" ( ; APPROVED BY, '".- -- . I jSIGN X ,y;.:~ :, '...., / _' . Al'PROVALDATE .- l' AU1H~GNATI1Ri L .. I M'llr!Ie C""'\" bdli;e ra , "_ -. .. I 1 a, mJ% I <9,56 i' -. I ../1 J ,/ ,j.:..t)t:J h . (J! I 1 f JC) P- ! --'] I ,-- , f I , Curl', i-#" / -<.jd-.oS I, i -, i -. ' ])srvt pSJet = ! /3(0. / 13 I , ! i - t5#..51j i I . . , )~d 7::tiJ d.:.e;: ':lo:i:mdl;: iJ.~dC1U~. ~ ~lim::~ ,}r ~age/!fi:tiadal oJ"!l:7 Jne-...p"!?!Ialti~ tn~;;ill he ;me~d. p 'p''''' ""'" ,,,.. "",on,'" fur '!>iIlag. if c._..." ,.-at " L'>r.iny oj""",,,, done " p~,,"-,,< 7- ~ ac:~ting j!iliv~ [;f i:l1l?:()~er, ':'Jstcml?f ~ tlt~ '!':ropiui ;nsh :s not". ~"1io!!S;'bi€ fur 3lIy' ii>migH!{l ci::r.t~~;.. i\ }en ~~m.lawr..:rfr~ ju"ll~~?l2Ies..lm.iilfu!~o.~ ~~~z. r~%13i pro?~~ iJ! ~~me!1t...~sulti:;g ~J:: tilf. . _ JJ lJ ""''''''"''''"'''''''' ",...,r.; "lOt ,.....'" _.,.roil '" """'- '-"-"''' ''''!>.'''''''e :or "'7 ""'~ ~ "...." "<"..Ii. " r;s /1 tomm job~. C:kwm~!' aere-!ly <l~ !b.r;tif Paym"!l!tiz z:iltmade b!?!1Jn ':,,~~ ;,i.-~ im ii:;t;> .~!':t;:"'....".;i!~.c =j,;~~_, ~l' ~I l.., MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: August 2, 2007 RE: Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #10 for Overholt Construction Corporation is for $8,422.44. This is to cap off water supply to construction area while keeping water to the equipment bays, provide support detail to the tie beam in the exercise room and remove loose floor tile prior to new floor installation.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Friday, August 3,2007. C~./ . ,'..- 1./ J}rr;.i.~. Debbie Frederick Deputy County Administrator DLF: ade page 1 or 1 Campo-Abra --~<_.._>-~-------_._-~__~__________~_~__,.~~_~o_~________~___~._~~.______~_~______.__,~____"~~___._______~~_.__ .. ~~~ ^..__~.~~_.._,..,.___..~__ From: Campo-Abra Sent: Thursday, August 02,200711 :58 AM To: County Commissioners and Aides Subject: Tavernier Fire Station Attachments: Change Order #9-0verholt Construction Corp.pdt; Change Order #10-0verholt Construction Corp. pdt Please review the attached change orders for the Tavernier Fire Station. Abra Campo Sr. Administrative Assistant OffICe of County Administrator 1100 Simonton St Suite 205 Key Wes~ FL 33040 (305)292-4445 8/2/2007 MONROE COUNTY / ENGINEERING /FAClLlTIES DEVEWPMENf CONTRACf CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 11 Tavemier Fire Station INITIATION DATE: August 10, 2007 CONTRACT DATE: August 16, 2006 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 18fhTerrace Miami, FL 33157 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ......... ...... '" ............ ... ....... $984,458.00 Net change by previously authorized Change Orders ... ... '.. ...... ......... ... ... ...... ... ... ...... $149,961.40 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $1,134,419.40 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ... ... ... ... ...... $2,835.00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is... $1,137,254.40 The Contract Time will be (increased) (decreased) (unchanoed) by... ......... .................. N/A The date of Substantial Completion as of the date of this Change Order is .... _. ... . _. ... ..... August 31, 2007 Detailed description of change order and justification: Purchase and Install teJeohone cables that wetV not included In the contract SDecfflcations. This Chanae Order Is .29%1 the oriainal contract Bmount r and Contractor ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: Date COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 . Change Order was not induded in the original contract specifications. Yes ~ No D If Yes, explanation: The Installation of cabling for telephones lines are usually installed by Monroe County Technical S8I'Vices and are therefore not part of the COI.bfn:tots specif1Cl1t1ons. Technical Services however is unable to Install the cables at the Tavernier Fire Station In the time requIred for project completion. . Change Order was included in the original specifications. Ves D No ~ If Ves, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contract price (whiChever is greater). Yes D No f2] If Yas, expfanation as to why it is not subject for a calling for bids: . Project architect approves the change order. Ves 121 No D If no, expfanation of why: . Change Order is correcting an error or omission in design document Yes DNo 121 Should a claim under the applicable professional liability policy be made? Ves D No ~ Explain: Ovemolt Construction Group 10460 sw 1871h Terrace Miami, FL 33157 Ph : (305)234-96n [ Change Request ) To: Wilson. Kevin NUmber: 22 Monroe Cnty Constr Dept Date: 8110107 1100 Simonton Street Job: 2006-1010 Tavernier Fire Station #22 Room 2-216 Phone: Key West, Fl 33040 Fax: 305-295-4321 Deacrtption: Telephone Wire We are pleased to offer the following specifications and pricing to make the following changes: Miller to Install 18 Voice Cables Desaiption Price Med VoIlage Distrfbutlon $2,700.00 Subtotal: $2, 700.00 ~~S~OH&P@5% $2,700.00 5.00% $135.00 Total; $2.135.00 The schedule is not affected by this change. If you have any questions, please contact me at 305-367-1069. Submitted by: Pries, Teresa Approved by: Overholt Construction Corp. Date: Cc: R~: Fire & Rescue No. 22 Tavernier Page 2 of3 1881 State Road 84 Ft. Lauderdale, Fl33315 954- 761-211 ()..()ffice 954-761-2109-fax 305~ 796-691 O-ceIl www.mecojax.com From: Shawn Mills Scot: Mon 8/6120077:29 AM To: tpreis@overholtcc.com Cc: Brian Dreher Subject: Fire & Rescue No. 22 Tavernier Good morning Teresa. I am going to provide \ separate quotes. Hope this helps you. I. Miller will instaIl18 Voice only cables. Total: $2,700.00 2. Miller wiD instaU 18 Data only cables. Total: $2,700.00 3. Miller will add 01" deduct $150.00 per cable as requested. 4. Miller will install speaker wire - roughly $850.00 Regards, Shawn Mills Superintendant MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: August 27, 2007 RE: Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #11 for Overholt Construction Corporation is for $2,835.00. This is to purchase and install telephone cables that were not included in the contract specifications.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. , ,j Uec- ' The Deputy Administrator intends to approve this change order on<Xuesday, August 21" 2007. (I (,,;:1;1; cLI~ /:- Debbie Frederick Deputy County Administrator DLF:adc page 1 or 1 Campo-Abra From: Campo-Abra Sent: Tuesday, August 28,20079:29 AM To: County Commissioners and Aides Subject: Tavernier Fire Station Attachments: Change Order#12-0verholt Construction Corp.pdt; Change Order#11-0verholt Construction Corp. pdt Please review attached change order #11 and #12 tor the Tavemier Fire Station. Abra Campo Sr. Administrative Assistant Office of County Administrator 1100 Simonton St. Suite 205 Key West FL 33040 (305}292-4445 8/28/2007 MONROE COUNfY / ENGINEERING /FACILITIES DEVELOPMENr CONTRAcr CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 12 Tavemier Fire Station INITIATION DATE: August 9, 2007 CONTRACT DATE: August 16, 2006 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 1Stt' Terrace Miami, FL 33157 The Contract is changed as follows: 'ill The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $984,458.00 ,(y Net change by previously authorized Change Orders ... ... ... ...... ......... '" ...... ... ... '" '" ... $152,796.40 11 S The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $1,137,254-.:40_ The (Contract Sum) (Guaranteed Maximum Price) will be (jncreaseq) (decreased) (unchanged) by this Change Order ... '" ... '" ...... $7,185.20 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1, I /'1'1 i/ I,I(J ~t) The Contract Time will be (increased) (decreased) (unchanoed> by... ...... ... ...... ...... ... ... NJA I / The date of Substantial Completion as of the date of this Change Order is "'_" ...... ........ August 31,2007 Detailed description of change order and justification: Double fur out walls. Installation of drvwaIl. faDe " ~ = In room #100. 10::, 102. " 131. These rooms wet8 InltJallv deslaned to be finished In Ii concrete mason units. r and Contractor I ARCHITECT: .f 21 (J) Date CONTRACTOR: .f Date DIRECTOR, FACILITIES DEVELOPMENT: ~'~?'C" Date COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 . Change Order was not included in the original contract specifications. Yes ~ No 0 If Yes, explanation: The fire deparlment requests that the masonry walls in rooms 100, 101, 102, and 131 be finished WIllis with concealed electric conduits, outlets, and switches because these are "public" areas on the station. . Change Order was included in the original specifications. Yes 0 No 1:21 If Yes, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No 1:21 If Yes, explanation as to why it is not subject for a calling for bids: . Project architect approves the change order. Yes t8J No 0 If no, explanation of why: . Change Order Is correcting an error or omission In design document Yes DNo r&'I Should a claim under the applicable professional liability policy be made? Yes D No r&'I Explain: Overholt Construction Group 10460 SW 187th Terrace Miami, FL 33157 Ph : (305)234-96n I Change Request J To: Wilson. Kevin Number. 21 Monroe Cnty Constr Oept Date: 8/9107 1100 Simonton Street Job: 2006-1010 Tavernier Fire Station #22 Room 2-216 Phone: Key West, FL 33040 Fax: 305-295-4321 Description: 0tyWalI Block Walls We are pleased to offer the following ~ and pricing to make the following changes: Double Furr out walls, Install Drywall. Tape & Bed walls in rooms #100, 101, 102. & 131 Oesaiption Price Gypsum Board $6.844.00 Subtotal: $6.844.00 Contractor-s AIIow8d OH & P @ 5% $6,844.00 5.00% $342.20 Total: $7,181.20 The schedule Is not affected by this change. If you have any questions. please contact me at 305-367-1069. Submitted by: Pries, Teresa Appl'OVed by: Overhott Construction Corp. Date: Cc: 08/07/2007 17:04 ~{I 1J054515339 lICF FRAJ(ING @OOl ~ ~ MCF FRAMING & TRIM, INC. ~ GENeRAl. CONTRACTOR STATE CfRnI:teo · CGC062399 .. C8C055266 PROPOSAL/CONTlUJCT 7/10/2007 (REVISED OB/06/07) Overholt Construction Job: :It 07-5460P 10460 S.W. 187th Terrace . Miami, FL 33157 Attn: Craig Overholt Re: DRYWALl- Watch Room #101 Multi-pUrpose Room #131 Site: FIRE STATION #22 [Dlv.2 thru 9J Phone: [OR} 30S~ 367-1059 151 Marine Avenue Phone: [Miami] 305-23+9677 Tavernier, Fl Fax: [OR] 305-367-4069 Fax: [Miami] 305-234-6535 SCOPE OF WORK roc;:::~~~~: J~~m. :tne. -ill SUDDIv labor and materia' for room~ 1) Double Pur out walls 2) Purchase It Install DrywaH 3} Tape. Bed - ready for P4tint. TOTAL PROPOSAL $6,844.00 Dumpster supplied by Owner &vment: Sch.edule of Valu~ 50% DtIposit 25% Dl1Iw #1. (I 50% complete ..:.~~ 20% Dntw #2 (J 75% complete ~'-~~~ ......- - 5% . Completion "---~ NO RETAINAGE ~ J .' ..-..-....,..~-- Exclusionfi '..... . --~. - - ~ -..... ... '.. .. ~ No Engineering or Drawing --~~---~~._~ No Permits KEYS 305/4S1~4984 . FAX 306/461-6339 . BEEPER 800/613-1998 P.O. AOY ~-'.. . IfCV I.AD~.... et ..^.., MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: August 27, 2007 RE: Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #12 for Overholt Construction Corporation is for $7,186.20. This is to finish the masonry walls in rooms, 100, 101, 102 and 131 with concealed electric conduits, outlets and switches due to these being public areas on the station.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. L~ ee) . The Deputy Administrator intends to approve this change order on...:ruesday, August 2~1 2007. (--, :J/ . ,,,-&~~'~e Chyc/:: Debbie Frederick Deputy County Administrator DLF:adc rage 1 or 1 Campo-Abra From: Campo-Abra Sent: Tuesday, August 28,20079:29 AM To: County Commissioners and Aides Subject: Tavernier Fire Station Attachments: Change Order#12-0verholt Construction Corp.pdf; Change Order#11-0verholt Construction Corp.pdf Please review attached change order #11 and #12 for the Tavernier Fire Station. Abra Campo Sr. Administrative Assistant OffICe of County Administrator 1100 Simonton St. Suite 205 Key Wes'~ FL 33040 (305)292-4445 8/28/2007 MOl'~OE COUNfY / ENGINEERING /FACIIJTIES DEVELOPMENT CONTRACf CHANGE OWER PROJECT TITLE: CHANGE ORDER NO: 1 .~ PIne ":zy P1ri MM 31 and the intersection of iNITIATION DATE: June 28.2007 Sands Road and Atlantis Drive Big Pine Key, Florida CONTRACT DATE: February 21,2007 TO CONTRACTOR: Pedro Falcen Electrical Contractors. IflC, 31100 Avenue C Big Pine Key, Fl 33043 The Contract is changed as follows: The onginal (COntract Suml (Guaranteed Maximum Pnce) d.,... ,"'..... .......... .., ,... $4.528.001100 Net change by prevlousty authorized Change Orders . .. . .. . . ... ... ... .. . ..... ....... . .., '........ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to ttlis Change Order was.. ...... $4,528,000.00 The rContrad $ijml (Guaranteed Maximum Price) witt be (increased) (decreased) (unChanged) by this Change Order,.. '" .., . . , $9.500,00 The new (ContrJl~ ~!J1) (Guaranteed Maximum Price) induding this Change Order is " $4,537500,QO The Contract Time will be (increased) (dOCl'eased) (unChanged) by ,." ,......., .",. " NJA The date of SubStantial Completion as of the date of this Change Order is ... ." ". ..,........ February 13, 2008 Detailed desaiption of change order and justification: Fuml$h .md IMtaII " iIdcJItiorutII ADA sinks WId" iIdditioMI1'" x J,.. ADA mInots .. reauJred lw tbt Bulld/lJo Code~ Thl$ CMmIe 6rctw is . f1%f Me on'gln.' t;ontract amount. lL/J- CONTRACTOR: DIRECTOR, FACIliTiES DEVELOPMENT. COUNTY ENGINEER Cate COUNTY ADMINISTRATOR . /iY!)V) I Date Change Order Attachment per Ordinance No. 004-1999 . Change Order was not induded in the original contrac:t specifications. Yes r8J No 0 If Yes. explanation: The Building CodfI required th. ADA sinks and mirrors during permitting. after the oriOfna/ plans www dntwn and posted ft:K bid. . Change Order was included in the original specifications. Yes 0 No ~ If Yes, explanation of increase in prtce: . Change Order exceeds $25.000 or 5% of contract pf1ce (whichever Is greater). Yes 0 No!:83 If Yes, explanation as to why it is not subject tor a caling for bids: . Project arctlitect approves the change order. Yes ~ No 0 If no. explanation of why: . Change Order is correcting an error or omission in design document. Yes ONo ~ Shoukl a daim under the appficable professional liabiIfty poley be made? Yes 0 No ~ Exptain: ~_' . _ .::1 -J : ~ _' '_' _' ..:.; i..J >;:,' ':i " ...::. _ .;L :! .- -:-:. :...' "'J~' >--- _. .- . """ :- L <:r~. L:) 1.. --. -- Estimate Affanflc Plumbing, Inc. _ "", 5585 Second AVl-"'Oue ~1 o ate Estimat." I Key West FL 33040 __'lcel2944042 (ceU) '147-4139 .t/lO/2[l(n 87 I (fax)2 94-404 7 " VON~ C;;1A";ty . "1-:: IL'~('95 Se'--e~(H"\' ~. . II l"""'''~ I Nam!t! AO~$S _ iJL (L Ju i . Pt>dro F:ll::on - I ' '.01, --- f1i:. / JII64} Avenue C ! ~'[CU"='D~"('" nig PllK Key. !-'t }3.t03 ProJect OMcription Total -~ --- ~. ,--'~' Big PiI'lC Key Parle l.atxn' and m3!erial~ to !ldd .. new Af)A Il\vl!toril.'$. rlWcct!l.. t:rap ::OVa'S. :;:tnps rd supplies. 6,100.00 75% S.k:t Tax 0,00 - --... .,,~-.-- -'--.--.- ,_._,~-,- -.- ~-~--- -. - Post-tr' Fl!X NoM 76r OJ'tlO .~.. f /; .4..~ K: " 'I:' '" I.r Ca_,~ - CO. I ~' Il'b' 21 ~ _ '132./ F~U - L, 1 __ I Total - ~6.IOO0n ~-~ --'---~-~-" Cl1storr:~( Signature '_'_'o~___ ~ ___ ^_____ -----~,?,...-- 1 Falcon Pedro Electrical Contractors, Inc. Jfl60 :b-t'l'fut' C, Big Pint' Kt'.y, FL J304J-4S16-(.i05!871-2100-Fa.x. r.{OS).',71-2219 IlJJ7 sw niSi. ,-t~..nut', Jflam;, PL JJ/86-(305)971-;!(JIl-Fa.r IJ05j97/.10/J He tHWJ491 CGCHJ134 , ~I'\onroo COUnty "nCi'lt!6s Ge'ifj)Qprr(..ll 28 June. ::007 JUL ') '''0' 'u l' '- L f Clark Briggs .,Mf i~ Project \fanager >!ECEIVEO 5Y' Monroe County Florida 1100 Simonton Street Room 2-216 Key \\!est. Florida 33040 Re: Big Pine Park Redevelopment COR ~o, IP(,O if 3 AD:\ Requirements per Building Department Dear Mr. Briggs. Per your request, we are forwarding Change Order Request No, 1 that aJJres~s the addition of ADA sinks. mirrors, etc. required by the DuiIdi;::3: department If you have any questions please feel free to give me a call. Sinccr~ ,.,. 2 en Bygter Project Manager Pc<fro Falcon Electrical Contractors, Inc. I Indu$trial . Comm~Tdal . Institutional · litility Page 1 nf 4 Riger-Ann ~'-~..-........--------......._._~_..~, --~-, - ",",' --~ _"A __ _, < ~- ~ , _~_-,_..._ '."c~ _,_,. ~,.__,__ _ ------__~.. --0-..,. _ . ,.__'_,,~'_ ,"'.-. -0" _...,,____~_ From; Ken 6ygler [Kenbygler@beUsouth.netl Sent: Tuesday, August 14. 2007 2:09 PM To: Riger.Ann Cc; Bliggs-Clatk; 'Ken Bygfer' SUbject: FW. BPK Park Change Orders Attachments: ADA Mirror Costs.tit Ann, Thts is what I sent to 'Iou tOf the breakdown. If this is acceptable I 'Nill put It on a Change Order Request Form (that I W111 have to invent) and submit to you, Pfease let me know. Thanks, Ken 6ygter Project Manager Pedro Fafcon El&ctrical Contractors 31160 Ave .C" Big Pine Key. Fl. 33043 Tet 305-372-2200 Ert. 115 Fax: 305-872-2219 ,,-.><-- ~-.,,---~--------"""'-~-" -~..... FroM: Ken BygIer [maiItD:kenbygfer@beftsouth.net] Sent: Tuesday, Jut'( 17, 20072:30 PM To: 'RIger-Annt Cc:: 'Briggs<Jarl(; 'Barnett-Jerry'; 'Graziano-Maria'; 'ChriStian Brisson' Subject: Rf: BPI( Pari( Change Orders Ann, I have attached ADA Mirror cost from ABSuPPlY. The breakdown is as foIlow$: Atlantic Pfumbing,. ,.... ...,.... .... _. ., _. .... _ .,.." ,.. . . ",., $6,100 00 OH&P on Subcontractor.. ",...... _ .....' .-.... $61000 ADA Mirrors - Materials .., , , . ., .,.. ~ , . ", . . # ...".. .> ,.. "<"<'0. .$56500 ADA Mirrors - Labor.. .. ., ,8 Carpenter MHS @ $5000 per MH $400 .00 Estimated Shipptng _ . ." . S325.oo Slab Penetrations... ..' , .20 Carpenter MHS @ $5000 per MH... ,$1000.00 Layout & Coordination.. 5 Foreman MHS @ $100.00 per MH, $500.00 Tota' Change Order No. One.. .n.............. ..... ............ ...... ..... .... .......... .... ...$9,500.00 Hopefully this addresses your request. rf you have any questions pfease calf. 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''''_''-:l- "P'" , t<:;.".~'!.~>..,.. to ."--....i".. . :0 ',.....- ......... ... ~ ' ''"Ie. -....., ~....,;Jttrtd; ~,~'1't t:.>t~.;. -~ ~...--u~."'1.nIoJ . ,~ , _""~"'I 4 ._-n.:"""" ,;# .-~i...-..-~~.~_ <<1>-" ". i% ~:::::;;.- ..~ E '~:-.::.. · lu~_, .1 r'.....' ~.' r~-". %J. :::~.~~. ;'} },""..,....{ Y""$.~ l....l'~ ..~.7.'. M 'JotWKlJ1l f ~'''-'' ',. I ..... . <..""".... .' J' ~W..-..::... ;' ~~,.M,~~ -,' '~ " -~,~A.U-~I ;I ^"--~~ :I ,~' --..,,~i:$' 'i{-~~~. ~ > ,;;r~ {"V" I :"'1.:. .p'-o-..o.1 .:up ~.~;',4y_--\. f5::::.brt4"- , '-i~k'r !;"t.-r:d U('''_~l,ll "-iLl'h;~ Lt~' ~""ft -<<-~i' ~tlv ,-,..-"It ~'<Flfl . ':;;:pq, '.,--. 'If",rH !(;dr f($:,tp-rl""r., ~ -~''': ... .~ --.-'. ..- .,' ,""""'T .~.., ~,i 000 ! << ,""'--. "'- oJ .. ~.~ .- ."..... q _., . . c"..... ., ~_'._ _._ _ ~ "~" http:iabupp!v nct!det:til '\'>IY' 'fI)~6,9 ~ ! 7/::;007 MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: August 27, 2007 RE: Change Orders Attached is a proposed change order for Pedro Falcon Electrical Contractors, Inc. for Big Pine Key Park (Change Order #1 is for $9,500.00 to furnish and install 4 additional ADA sinks and mirrors as required by the building code.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. L &<!(:J ' The Deputy Administrator intends to approve this change order on.::rtJesday, August 2tf!2oo7. c:ct--i,( J7dG ,), Debbie Frederick Deputy County Administrator DLF: ode Page 1 01 1 Campo-Abra From: Campo-Abra Sent: Tuesday, August 28,20079:30 AM To: County Commissioners and Aides Subject: Big Pine Key Park Attachments: Change Order #1-Falcon Electrical Contractors Inc.pdf For your review see attached change order #1 for Big Pine Key Park. Abra Campo Sr. Administrative Assistant Office of County Administrator 1100 Simonton St Suite 205 Key Wes-t;. FL 33040 (305)292-4445 V28/2007 MONROE COUN1Y ENGINEERING DIVISION CONfRACT CHANGE ORDER PROJECT TITLE: Card Sound Road Bridqes Rehabilitation Proiect CHANGE ORDER NO: 1 Total Previous Change Orders $0.00 Current Change Order ($606.52) % of Original Contract Amount % of Contract after Prior C/O's Original Contract Amount $4.888.940.10 Revised Contract Amount $4.888.333.58 Change in contract time N/A Revised date of Substantial Completion N/A Detailed description of change order and justification: Item # Description Unit Quantity Total 16 Reinforced Steel $3.50/lb add 8371bs. $2929.50 25 Structural Steel $18/lb delete 333.391bs ($6001.02 27 Treated Timber $15,000/mb add 0.164333 $2465.00 Total ($606.52) t R /'''' J CONTRACTOR: .' . j I -( ~ Coastal Marine Construction, Date I CONSTRUCTION ENGINEER: r;;;jJ ~ . ~-Y>-o7 Ibert ~d?iy~ger Date (lz?-o1 COUNTY ENGINEER: Dav~p~PE Date COUNTY ADMINISTRATOR: ~ g/~1!~7 Thomas J. W' I Date CMDOO7-1l/03/97 Change Order Attachment per Ordinance No. 004-1999 . Change Order was not included in the original contract specifications. Yes ~ No 0 If Yes, explanation: Changes due to actual quantities in the field required to complete the project. . Change Order was included in the original specifications. Yes 0 No ~ If Yes, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes No X If Yes, explanation as to why it is not subject for a calling for bids: . Project architect approves the change order. Yes 0 No ~ If no, explanation of why: N/A . Change Order is correcting an error or omission in design document. Yes ONo X Should a claim under the applicable professional liability policy be made? Yes 0 No X Explain: MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: August 28, 2007 RE: Change Orders Attached is a proposed change order for the Card Sound Road Bridges Rehabilitation Project (Change Order #1 for Coastal Marine Construction is for a decrease of $606.52 due to actual quantities of steel and timber required to complete the project.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Wednesday, August 29, 2007. Debbie Frederick Deputy County Administrator DLF: ade t<l > MONROE COUNtY / ENGINEERING /FACILITIES DEVELOPMENf CONfRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 37 Revised Freeman Justice Center Jackson Square INITIATION DATE: Various Key West, FL CONTRACT DATE: TO CONTRACTOR: Change Order Request #96, #100, #104, #105 405 SW 148111 Avenue Suite One #106, and #110 Davie, FL 33325 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ... ...... ......... ... ......... ...... .... $13,804,000.00 Net change by previously authorized Change Orders ................................................ $2,106,873.73 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ...... ... $15,910,873.73 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ................. $ 22,026.60 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $15,932,900.33 The Contract Time will be (increased) (decreased) (unchanaecO by ............................. N1A The date of Substantial Completion as of the date of this Change Order is ..................... January 25, 2007 Detailed description of change order and justification: See attached itemized list. This chanae order Is .16~ of the orlalnal contract Drlce. Not valid until sianed bv Owner. Construction Manaaer and Contractor ARCHITECT: Date CONTRACTOR: &1~ll!2J DIRECTOR, FACILITIES DEVELOPMENT: Date COUNTY ENGINEER: fJ~Z1'o1 Date COUNTY ADMINISTRATOR ,> , , CHANGE ORDER NO 37 I' FREEMAN JUSTICE CENTER COR # Description Amount 96 Modification of the wall systems to resolve fire-rating $2,756.25 discrepancies at the two pass-through windows. 100 Time and material for framing changes and repairs made 14,275.80 throughout the building to accommodate mechanical issues. 104 Furnish and install 120V lighting circuits, including connections and 1,464.35 Controls, for three building directories. 105 Furnish and install an aluminum safety extension to the roof access 471.90 ladder - per OSHA requirements 106 Relocate copper lines in the 2nd floor bathroom to accommodate fire 649.21 Damper additions in the ductwork. 110 Furnish and install a cashier type pass-through window in room #3061 in 2,409.09 lieu of a sliding window. Will be funded by the 16th Judicial Circuit. GRAND TOTAL $22.026.60 Change Order Attachment per Ordinance No. 004-1999 . Change Order was not included in the original contract specifications. Yes [81 No 0 If Yes, explanation: Modifications to the wall systems is to maintain fire code requirements. Time and material charges for gypsum board and framing repsilS wele due to out of sequence ductwork installation. Specifications called for lighted building directories, but the electrical plans did not provide for any circuits. The roof access /adder added to the scope of work inadvertently excluded the OSHA required safety extension. Copper plumbing lines needed to be remove and relocated for the installation of added fire dam pelS. The 1 fth Judicial Court requested and will pay for a cashier type pass- through window in room #3061 in lieu of a sliding window. Change Order was included in the original specifications. Yes 0 No [81 If Yes, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No [81 If Yes, explanation as to why it is not subject for a calling for bids: . Project architect approves the change order. Yes 0 No [81 If no, explanation of why: The Architect was not under contract with us at the time. . Change Order is correcting an error or omission in design document. Yes ONo [81 Should a claim under the applicable professional liability policy be made? Yes 0 No [81 Explain: V;);":'f/":VVI i'f:'f'f r~A ~;)q J/V ;)'fVi L'IlhU h_'L.L~hh.KL"" ~U.Kr. l4I:J UU",/ UU:1 -( The 'rower Group, Inc. CHANGE ORDER REQUEST 4t}~ SW 148 Avenue No. 00096 Suite One Phone: (954) 476-3200 Davie, FL 33325 Fax: (954) 474-3111 TITLE: Fire-Rating at Pass- Thru Windows DATE: 5/24/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: Clark Briggs CONTRACT NO: 1 Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE: Ii--~ To: 'rLe-T~~ From: ("...~ Wd4 ~ Number: Tw~CQ I DESCRIPTION OF PROPOSAL The wall between Waiting Room #2060 and Reception Room #2061 is I-hour fire-rated with a nonfire-rated pass-through window, and the wall between Jury Assembly Room #2071 and Jury Clerk Room #2073 is 2-hour fire.rated with a nonfire-rated pass-through window. The answer to RFI #283 proposed fire shutters at these locations, which cost approximately $4,750.00 each to furnish and install (copy of A-N-R Door Propoosal #RS-04-039 attached for reference) and must be tested annually by the vendor, which would involve added operating costs, or be connected directly to the Fire Alarm System, which would involve added construction costs. As an alternative, ITG proposes the following modifications to the wall systems to remove fire-rating requirements for the walls with pass-through windows and maintain Fire Code requirements for the assembly and egress spaces (see attached partial plan drawings): At Room #2061, modify the walls bordering Room #2025 and Room #2062 to I-hour fire-rating. The added cost for this work is $875.00 (Re: Turner Wall SystemPCa #TWSOO1, copy attached) plus ITG mark-up. At Room #2073, upgrade the walls bordering the lobby to 2-hour fire-rating, replace Door #2175 with Door #2185, replace Door '/1185 with Door #2159, and replace Door #2159 with Door #2175 (The ducts passing through the Mechanical Room #2044 have fIre :tampers at the floor slabs above and below. Therefore, this room need not be a fire-rated chase, and the wall bordering Corridor ~2057 maybe downgraded to a I-hour rating). The added cost for this work is $1,750.00 (Re: Turner Wall System pca #1WSooI, :opy attached) plus ITO mark-up (There is no additional cost for the door adjustments as these doors are not yet installed). 'lease process a Change Order in the amount of $2, 756.25 for this additional work. rem Descnption Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 1001 Modifications for pass-through 1000 $875,00 0,00% $0,00 $875.00 window at Room 2061 i()02 Modifications for pass-through 1.000 $1,750,00 000% $0.00 SI,75O.oo window at Room 2073 Unit COSt: $2,625.00 Unit Tax: $0.00 Unit Total: $2,625.00 Subtotal: $2,625.00 Description Markup Percent ,Markup Amount Profit 5.000% $131.25 Total Cost: $2,756.25 Uj/~4/~UUI ~4:4~ tAA Ma~ diU a~Ul L'll~U ~~bl~~~nL~b ~unr. T-~4:J p0"Zn02 F~83r" -- -..... ..., ....." """, ............1 /M Peo #TwS 001 TUllNltR WAU SVSTEMS INC. 4602 261h Streot West, Bradentoo · Florida 34207 . 941.755.7534 . Fax 941.758.4964 . TWSSARAS01'A@AOL.COM , , . - Satmliol aw_ Arl"" !lllltllbllJH=_ May 16~ 2.007 8IHtaoI DIIll1lGtllltel BlIiWIf To: The Tower Group COII\ CoIIIaunkilI Re: Freedoqi Justfce Center DtNorpn 1Ioet. DeoIAy t.W Attn: John , Fail&). COJpoull,. ~I CUIRl Ctakacllal Turner Wall Sy~tems,.fs..pl~ to ann~1II1ce the CiIlfWIJ IuIdiat A.DtIip en, proposal for t~~ 10Uo"'" 'reSidence. ' ' Ciul&lGe KOIMI lI_ot~ Freedom J~ee Center J.lblCueoaU_ KIlH_ KImball RID ({~ t{/ f1ttillI Scope of Work: /(Jnp GAit..... . ~ rooms '~025 ~d 2061, per walk thl1l with l..~~1f-. Tm. 1.1_ HoJ. Total $ 87!.OO Ma"'IlII~"- , Fire ra~ Jury ,asseq1bly roOms 2071 imd2073, . fuCookCctallMt,.. ~r walk'thru"with TfD:i PturSb/ppl~I" rotal $1750.00 PIII-II_ L W WIIIao 0lattnutJea U, CuQllI CCINIt-w. bdtAeo.a~ . $at Itod&cn EIItr". S-ellallrpriM ~ y~~~,. msCollllr1llllloG TI.n4I. C-fMl!OlI Todd JoWIglllJolaa . U$ltOlllal ToddSprape Tunte' Wall Systems, Inc. .fAkrlOJ4 HOllIII Ibilrbll HOIlIa 'iad""re HolllCll lesld8llriaJ and Commercial CouStructioA . Drywall- MctiU Framina . Stlloco UunstNumberCBC 1250335 ~ VV"T, VVv \.;r \...un.r. Ie. ~\;r L~Dle.nL~ L~llle.U _ ,. 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I[g] ~~ :i* , 34: I { / / " / ~ / " "" I / 2 / 0 W~ >- I :::Ell) CD I Zrm O~ CD -t.() t::o 3= 0 <(N -J J~I ~ '-' 0 0 -J , ~rnJ 0:::1/) I u O~ H! u -- !r , , ~~ :r:~ J ov I () vI I 1-0 , wig lb (/)N , ~ - - U;)/4'!/~UU{ l.Ii:Ii{ t' A.I. li;) 4 J (U ;) Ii U l. L~llhU h~~l~hhKl~b LUKr. 19j UUOI UU::I A-N-R . CORPORATE OmCE 0 TAMPA PROPOSAL 1020 Ocoee-Apopka Rd. (813) 413-8429 phone <pOOR SYSTEMS~ INC~ Suite 100 (813) 413-8428 fax Apopka, FL 32703 0 JACKSONVILLE RS - 04 - 039 Overhead Doors / Dock Equipment (407) 880-4664 phone (904) 854-9613 phone Preventative Maintenance (407) 880-4565 fax (904) 854-9614 fax To: The Tower Group Date: April 24, 2007 405 S.W. 148th Ave., Suite 1 Project: Freeman Justice Center Davie, Florida 33325 Key West, Florida Attention: John Chandler Phone: 305-296-2521 E-mail: Fax: 305-296-2587 'roposed Work: Furnish & install Alpine Fire Shut, 22 gauge flat slats, grey finish slats, slide bolts coil side, black finish guides, notor operated with Auto Reset, release device to tie into fire alarm, guide lock sensors, 2 hour rated. Quantity & Slze(s): (2) each 4'-6" wIde x 4'-2" high BID: $9,495.00 Add:$720.00 for powder coat finish of both doors. -**-**.. VISIT US ON THE INTERNET AT WWW.ANRDOOR.COM ***********...* . proposal, If not accepted within 30 dllY., may be wllhdrawn. ,'eelrlcal (Line and Low Volhlge) required I. by others. )alntlng, caulking and permits required is by olhers. Respectfully Submitted By: Russell L. Smith RussellS@anrdoor.com TERMS AND CONDITIONS OF SALE IlL AI prlces am Inslalled, sal.... tax Included ijnhtss olhefWlse noted, lnIln accordance wtth the specillcatJons above and are ba,ed on projectlJob baing completed In one phase. ~llon Of Work: Alllnstallatons and malerlaf sales are sijbjecllo tha approval of our cred~ departmenl IIV Of Salee: A-N-R Door Syslems, Ioc. .hal nol ba liable for fal/lJre to make deftveries for any cause beyond Its conlrol, under any dn:ums~ nor shall it assume respon,lblllIy y damsge grow.ng out of or oWIng to. any delay 0( any Idnd whatsoever. 1" 0. Cancallatlone: AN-R Door Systems. Inc, reservea the right 10 recover any cosllncurred atlhe tlma of a chenge to or cancellation 0( an order, Any anerellon or dev,atJon 'Ie spedtlcalons and descrlpUons above sha~ be exacuted only upon written orders and wiU become an extra over and above the est#11aled prJce as shown above. led Goods: Any goods returned for reflXld or exchange mijsl be accompanied by sn Invoicaand ba rewmad within a 30 day Uma period from dele of the original ,ale. All retums Ie In orignel and unused condldon. Only rll-stock able lIems am allowed 10 be retumed, but a 15% rllStoclOng lea will epply. Special order and Cijstom bu.l,lems wiN receive no lor refund. .!!.2!!> AI accounts IIf8 deJinqijent after 30 days 0( involc.. In Ihe evant co'ecdon. sui' or legl!! action becomes necessary, the underslgned agrees 10 pay all cost and expens" of on, SUIt or legal proceeding, Including all masOlJable legs! felt5 and. if n""essery, appeilate (~s, A-N-R Door Systems, Inc, msltfVlS the right to coCscl a 1.5% per month sentlce on past dije account. unIX the b&!anca Is paid In full, ~ One ye.. warranly on malerial and .nslsr.etOl'l defects from dale oflnstalt. 90 day wsrrsnty on replacemenl parts and a 30 day WlITllnly on service labor, A-N.R Door Systems, Vlol warranty any matarial damage due 10 Improper maintenance or sbt.Jse and strongly recommends a preventstiv. malntenanca program on a' prod\Jct we s9l1. Worl! or lance prOVided by any other company other Ihan A-N-R Door Systems, loc, vo:~ the warranly. Warranly work to be performed only dlJling normal bt.Jslfless l1Ours. TERMS ACCEPTANCE OF PROPOSAL I AUTHORIZATION TO PROCEED o :>1.115 C'Y' o c.o.O . Net 30 Ceyo o 50% OIlf'OJH SIgnature: C F~dtJ"'Q' <:redll approv. Print Name: ate: TItle: Uo.l;"-"t/':'UUI l~.~o r~A ~a~ ~/U a~UL L~11~U ~~bl~ttKl~b LUKY. tgj UUl1/ UUl1 c:u 405 SW 148 Avenu. Davl., FL 33325 Phone: (954) 478-3200 Fax: (954) 474-3111 ~>'~~ ,- v( ('; - .- -- . . TOWER d -;--" . - Jl_ _.. ..~-. GROUP rY-r\~ ' - ~ - . --- ~ '~- To: Currie, Sowards, Aguila Architects From: John Chandler Attn: Hank Goldman Tel/Fax: (954) 476-3200 I (954) 474-3111 Fax; 561-243-8184 Pagesl 8 MONROE COUNn- :~I\ClunES DMI()PM~N Phone: 561-276-4951 Date: May 24, 2007 ReI Freeman Justice Center (FJC) CCI TTG/MO (COR-96) 0417 - 02591 MCCMlC.8ri s J~~ t;:qs,.e.. P.....T~.II1b WlndDWf o Urgent o For Review o Please Comment o Please Reply CJ PI..se Recycle . Commentsl Dear Hank: Please find attached proposal to resolve fire-rating at the pass-through windows by modifying the fire- rated wall systems. Please confirm that tbese adjustments meet Code Requirements, and notifY Clark Briggs so he can process tbe Change Order as soon as possible. Sincerely, John. Chandler, Project Manager J~L The l'ower Group, Inc. CHANGE ORDER REQUEST 405 sw I ~g Av~nue No. 00100 S'lite One Phone: (954) 4-:"6-3200 Da\ie, FL 33325 Fax: (954) 4-:-4-3111 TITL E: Final Gyp. Bd. Framing Rep3irs OA TE: 5 J I 2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 ro: \ttn: Clark Briggs CO~TR\CT ~O: I \lonroe County Facilities DL'yelopll1.:.'1 t MONR0E COUNTY 11 no Simonton Street :ACltlTlES :!EVI;LOPME"1 Key \\,'est, FL 33040 Phone: (305) 295-4306 Fax: (305)295-4321 iI J~I f) S ;I:I:! , 1 ilME ! () ,eel', '(', '. / I RE: To: From: Number: , L DESCRIPTION OF PROPOSAL \\ Change Order Request (COR) #100 requests compensation for the last of the T &M invoices from VOl for additional gyPstITTi oard and framing repairs needed to accommodate out-of.sequence duct installations at the Freeman Justice Center. We request a Contract Price increase of $14,275.80 for this additional work. The Tower Group re5erves our right to a Contract Time ExtensIon and associ1ted compensahlp- costs should this e:..tra work be dete-Imined to have affected the nitkal p:ith to compldi!ln of this project. Item Description Stock# Quantity Units U nit Price Tax Rate Tax Amount Net Amount 00001 The last of the T&M invoices 1.000 $13,596,00 0,00% $0.00 $13,59600 for gypsum board and framing repairs by VOl to accommodate oUI-of-sequence duct installations (Re: peo #VDlOO I) Unit Cost: $13,596.00 Unit Tax: $0.00 ---------- Unit Total: S13,596.00 Subtotal: $13,596.00 ./ Description .Markup Percent Markup Amount 5% Profit 5.000% $679.80 Total Cost: $14,275.80 \TDI Dry,vall, Inc. PROPOSED CHANGE ORDER 153-+1 SW 15th Place No. VDIOOl Phone: 95-+-382-6032 Da\ ie, FL 33326 Fax: 95-+-382-91-+2 TITLE:Pbskr and Gypsum Board DATE:5J! 2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: .\rtJl: .:Ubl Cha:ldkr CO'\TR\CT ~~O: 0417-034 1 he To\\ er Group, Inc. 405 S W 148 A \"t~nue Suite One Davie, FL 33325 Phone: (954)476-3200 Fax: (954) 474-3111 RE: To: From: Number: DESCRIPTION OF PROPOSAL Hourly Invoice - Time & Material Below is the last of the T&M invoices accumulated from 2/19/07 - 3/17/07 for framing changes and repairs made throughout the building in order to accommodate mechanical issues. Item Description Stock# Quantity Units IJllit Prjn~ Tax Rate Tax Amount ~et AmOljn( 0(1001 2/19/07 - 2 men .L[ 9 hours ] 8.1'00 manhuur~ $1000 GOO".. $0.00 $72000./ ",(lOOl 2/'::0/(17 - 2 mel10 ') h(l~rs l!l.(V)O mJ."1h,)uIs $.WOO O(l()% $000 $720.00 ' <lOOt\) 2r 21 It>? - ) 111~n'f: 9 hours ! 8 IJOI) rn~nhG\ljS if 0 00 0)()~, :J;f) ,y,: i 170 00 J (I()or,~ ~?,1;2,'j)7, 2 men if;; 9 hOllfS ~ 3. aco tnanth,ur-; j:~(j,O" ;),jJv~f; ::;O.OG ~7::0'.)fL (jdf.:J5 2i)J/I; 1 - ~Z r"ter '~7, 9 ht:urs i (, [I()IJ ma,lh0ur, '-l()(I() (} I)()':~'i ;O('C S?2IJ.!)fi -' J)tH tOt, 2,'2 l t17 - 2 m~n ;~' lJ 11'Jllrs I !U\)O tndnhc.t1h S~O GC' I)OO~:, ;;O,(W 'j; 00 00 ~---, nOO')7 2126/1~' 7 2 m~n /,: ti hours 12.()()(i man/l0.m; $4<),00 fJ t)1)~,o ~n ('0 $'-18000./ (lOOOS ?/27/07 - 1 man q; 9 hours 9.000 lIIanhoUlS !40,OO l)OO% SO 00 $360,1)0..... f\OOO9 2/1 S/07 - 2 men Xi; 1/ hOllrs 18,000 manhours $fO,OO l).uO% $0,1)0 $ noon - ;JOOIII 3/' /07 - 5 m.:n .'ji Q ho'lIS 45.GOO O1anhouI~ :;40,00 O,OI)~fj, $0.00 $1 80001) - (jOilll 3,1,0' - I IH:Ll '[1' 9 IWl1Is 9 1.,00 :l1anhcurs $400') On!)% so 00 $360 00, 00012 3/3/07 - I man :[~ 9 hours 9 000 manhours $40 00 000% $0,00 $36000 nOO13 3/5/07 - 2 men 'u, 9 'lOUIS 18 000 manhonrs $40 00 0,00% $0.00 $720,00,. 00014 3/6/07 - I man 1! 9 hours 9,000 manhours $40.00 0,1)0% $O.OU $36000 _ 00015 J/G/07 - I man .!~) l) !WUIS 9.000 manhours $40.00 0.00% $0,00 $36000 / :)1)016 }: I 0,'1)7 - I Ill~n '.';;; 9 hours '} 000 IT'unhnur> $40 00 0,00% $000 $36000 ~ OOOI'! 3/12,'07 - I mall g 9 hours 9. 000 manhou{~ $40(1(; 0.00% SOOO !'V,O.OO- 00018 3/13/07 - I mang 9 hours 9,000 manhours $40.00 0,00% SO.OO $360,00 )0019 3/14/07 - I man 1lJ 9 hours 9,000 manhours $40 00 0,00% $0.00 $360 00 , :(102C 3/15'1)7 - I r:lan Zi <1 hours 'Joe a lIHlllh)lIfG $40 00 (1000/; $': 00 $36IFjO. )0021 316'07 -I n:an JI 0 hours c C 00 DlJl1hc'urs $400C 1)0(1% )000 $36(1)1) ,. '0022 J, 1 ::0; - I man i{ 9 hours 9 OOJ mall hours $40 00 O.OC'.", $0.00 $3(1)00/ Unit Cost: $12.360.00 Unit Tax: SO.OO enit Total: 512,360.00 Subtotal: 512,360.00 Description Markup Per~ent ~farkup Amount 1 O~O O/H & Profit 10.000% $1.236.00 Total Cost: ,n_~qhOn , V.D.I DRYWALL INC. r ------- ---------.--- -//);.7 C /CV Yik DATE:_ 2-~ /;:;7 I TO:. I Slll CO '" itA no R '. ___.u ... _;::. ;;:. tv.c'!::_._....AfP.r." y;/-A .. __~. I tRonCTNA\IE' fr€? :rnJo..'1 ;v:S /;" CC'17'i'-1 u - -- DESCRIPTIO:S OF WORK PERFORMED TODAY: tCe/~/'r . ~-( 4(7. 0C/ {-r h.-v/A"': ~ - , , , . --, ---. --- -- ---------.---.--..--..-----..--------------------,-----------.---- -----_._-_._-----------~--_._------------_...._--- - ~--------~-----_.._--" ~---- '.-..--.---....-------------. PROBLf'MS IDELA YS; .---------------- _._-, ..--. --.- ----.--- ---- ----.-------.---.--.--- --- - ~----,------ --~--- - ---..----------- --..-----.------------------ --------.--.- ------.-.---------- ------..- -----._-~--_.._------- -- REMARKS: (accidents, items of concern, etc.). -, ---- ----------- - ----- - ~-_._-~----~---_._- ------------------- -------..--------- NUMBER OF EMPLOYEES ON JOB: 2- HOeRS WORKED: 7 A.M. TO-S~_ P.M '1J~ ,--- ~ / '- "lJ..t;SUf:t'l\ ber S' , f . 'd ._:gr;:11D;"i:' 0 suprnnt::r. \:1:t ,~ \/~~" ~1 ~~ \ l- ~.1' \ ~0' fir V.D.I DRYWALL INC. I '1 '~ , I TO, _<-~n Ok-,,,;\ DATE' "~/o7 I I SL'BCO~TRACTOR:_____,!t,~_ _~/O ~_._________ I I PROHCT :-;A'IE, N.---c ""''"' /, ~[/.,.< C-;" ,,:'>cj . U - - DESCRIPTION OF \VORK PERFORMED TODA Y: ~A{/r- .47 de- )V-c L( 1A<:P ~ /( I.. V :; '1. ._-_._--~---~------- ---.. .--.---.---------- ..__._-~--- - ---- PROBLEMS IDE LA YS: -- -_.,~--------"._._------_. ----------- - --- _._-_.~-- .- - --- -- REMARKS: (accidents, items of concem,etc.). - - -------- - - - --- NUMBER OF El\.lPLOYEES O~ JOB: 2_ HOURS \\'ORKED:_7 A.M. IOS P.'I ~L___ C~ Y. D.l, Supt?rdsor SJ'OD:l t ore of s upe rin teIiJei: t '" J ,\,/ I '\ " .;1 to- ;' ~0 ,)'1-' ) \ I' t V.D.I DRY\VALL INC. -_._-------~ -- I TO:. _f;r~_ c?/:frCA' 2~/<~7 DArE: : ------- I SlBCO"TRACTOR:______~_.u-~~__ __..d-ro-~-___-_-_----- I Y I PRonCTKUIE,__ .f/c.e._/??':!l--d/~ -ice c;.(-; ;r;'~ J L-__ _ DESCRIPTIO~ OF WORK PERFORMED TODAY: /< At. (,'- ~ -(' .4. r::'. tr~c7" ~...-~ ,I.'. .. V , :: :" -'~--------~._;_._-_._--,._- .---..-- -,---- - ----- --'-."-- -------------.--------- --- - -~_...- ~- ---------.. --.-- ...---------.-- PROBU':MS fDI:J..AYS; -'------.-- - --_._--~-----_._--~-_._-_._~ - ~....._---- -.-----., - ..--.,-------..- ----------., - .-.------.-------..-------- ------- ----.------.----- --- ._--- ---- REMARKS: (accidents,itcms of cUl1cem,etc). -- -------. - --- -- ---.---. --_.- ----~ ------.----- .---.--.--- NUMBER OF EMFI OYEES 0;-'; JOB: 2- HOl II:{S WORKE[);.-2 A.M. TO -s.-_ P.M -&~---- ~./ ---- // ~---~ <->r:D. I, Supenbc:' Sj':1D8ture of sup2rint~r;dC'i:l C) \ ,IJ ~ :1 I \J U (;' , ,- (It/\.- ')r I 'I;: \,\/( V.D.I DRY\VALL INC. r~o, -7I""L(?Ic,,-{7/(-- -DATE' 2/'i?~Z I ! SLBCO:'\TRACrOR:__.______..& (-1..,-<",..... __-!i;:/.rf:/",~.__u ______ i t ~,' ~ ~ PRO~ECT I'.UIE'___ ---" ""'-7<<,., J v:r 7j~L.-L c.-; ;""",_ DESCRIPTION OF WORK PERFORMED TODAY: c!?~ c? l'r ,.-47' ..4"- e "1 l--- t:' tF L.-z-c:>y/f ~. . 'Z-'; " -- ---.-----.---- -------.- _._-~'---- ----'--~_.,-"--_.__.._------ --- ----- -------------------. I'ROBI..fMS IDELA YS: ._--~'------_. --.---~.~--.---.....--~-""_. _.w.__._...._______ "'___._ _.._ .__ --. -.- -----.---------.- ---._~---- -- ---------_._-----~--- ----._._~--'".._--- ------- REMARKS: (accidentj,items of cOfJ~em,etc.). - ----------- ..-- -.- -- .~---------_-.._-----_. ---- ------.-- .- NUMBER OF El\-lPLOYEES 01"; JOB: 2.- -- HOURS \\'ORKED:_2_ A.M. TO s:--. nl ~ . _______-- ~7 - ~------ // .- ,-' <::::.---~ (-v:15.J, Supenisor Sig 2terc cf~lJperir.'errJfr:t ) 1..\' .:\ . \ ~ ~. 1\ ) \kv'- ')/f' \ tI ~ ~. V.D.I DRYWALL INC. : TC~~---f; fi,7 ct.>ck ~~~~E: )~ 1~? ! ; SrI3CO\TRACTOR:_ --_.z;.C:f:::.-(L_ -d.r.L~~_._____.____ ! I PROHCT Nnl~:/):C< .~.", J ~ VCr c~ z':-y ~ DESCRIPTIO~ OF WORK PERFORMED TODAY: K-c ~ /r /1--(" 4(7. ~ ---c 7' ~r/(' r.. . (I ';', i ----.. . -~--.._-_. -----, -'---'-- ---------- -.-.--..--...- ----- ----- - PROBLEMS /DELAYS: ---....._--~_._-._---_._----------_.__._-- ,,,_. -'---~-"-_. -. '-----.------ --- --- .- ---------- IlliMARKS: (accidents, items of concern,etc.). --------- ------- ---------.__.._-~-- NUMBER OF EttYlPLOYEES ON .JOB:_-.?-_ HOURS \VORKEO: 7 A.M. TO ~ P.M ~;;---. c:./;-", ~ V.D. I, Surenbor .J ~ ,\v i)1 n eL \/;,-" j 't '> ld \~ V.D.I DRYWALL INC. i~o,=- t";n,7_~ Ck,.-~If~~u -DAlE' -2~ <-tA7 , I SLBCO:-.TRACTOR:________ ;i t~-=-_,_,_ -6 .1::" if-:--------- l: ~- PRO) ECl' r-,"A'IE: /":?<'c.. /~J'~ ;c..- ( _zin ~~-) 'k-:'J V DESCRIPTIO~ OF WORK PERFORMED TODAY: I ~ FcL i r / Y ~ ~ ~ c;..-" 'T' 'A- 0 .....-q- \ '.. " .~ ' -----------------. -.-.---. ------- PROBLEMS fDELA YS; - --.---.--.------.-------- -.---.-....---------- -- ----------.. ------- .-------.---- - ..- REMARKS: (accidents, items of concem,etc.). -------- NliMBER OF EM.PLOYEES ON JOB: 7_ HDl:RS WORKI:O'2_A.\I. TO S~_ r.M .__~ ~---=-2: __ L~ V.D.l, Supenisor S g.D;,!Dr.: cf superintend'enr ~ ~'" :\ ",\J \j) I t- ,\., ) C2,\?-/1)1 I '\ ~' V.D.I DRY\VALL INC. -.------------..---------- - -- -..------.------------ I 7f~;. ) 2;;;r~.f ~-~6.~ ! TO: DATE: I i :-:1 BCO:\n(\CTOR:________~~~.~":-_,___ -~-{~~~,d~~._ c..~~7 ___ l: ~r f. v PRO Y E CT N A M E :___:/~~.=-<"" .! r::;:y;. ~ '>1 ).:---..(. I' C-< ~ 71v i :J , --- -- I DESCRlPTIO~ OF WORK PERFORMED TODAY: v?~ f~Qr" 47'" .d~ bG/c7 t.-...-c.P".-.?( L. - -i'" - '( -- ---. ,-- . -----_._.._-~_._--~--------~. -_.,----~.----'-_._----- _.~_._._-------- '----------- ---'-~----------~--_. ~-- -- -..--------.-------- -----~_. .._._____6_.__ - ----.. -.- ._-----~--- ~------~~. 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TO: 71~ G"~rc"4 ----- -DATE: Z~ ;;~71 I Sl"BCO:\TR.\CTOR:____;Z, ...J::t...:::...~2::..: _.. ._~~~" ~:'.:___ ____ ____________ 'II V PROYECT N:nIE: Fc.<--( ~'':!:::1 /J c..--L~-L-C;~}7i>- =-J V -- DESCRIPTIO~ OF WORK PERFORMED TODAY: hi 1ft' ~~,/ ,4-/ 4 e. ~ c---c 7" ~c?/tf 'I 'r ~ -- - .-------,-.---,.-- -__...___w__.._ - -------- ----~----- PROBLEMS IDELA YS: ----..-~ --------..-----,.--.__.____.__4. _"__ _.____ ____..__ ~-----------_._--_._.- ---- ._____M_._ .---- ---- ~-- REMARKS: (accidents, items of concem,ek.). ---- --- ~----- ---- ------..----- r-;UMBER OF E~lPLOYEES 0;'; JOB: / HOURS \VORKED; 7 A.M. TO S- r.M /~~ bd..-_m- Y.D.I, Sup;;n.isor Sign:1tore ofSllperip.te[;ckr;[ .0 C. 1 'IV Ij ,\... \' -, 0~ 11 -} J ~ > " f V.D.I DRY\VALL INC. ,-- --- - ---------- ! TO: -!/'rv.>1 O~/~1" DAT[: _?A 7.A.7 ! SL5CO\THACTOR:____7=-Q-1~~__.___-~. Oc./~ . ---_._-_._..~ I PROHCT NA"E:_____h.-<'~~ <,-->4,<,< C'C'f.",,", 7"~ ! I ./ __J DESCRIPTIO~ OF WORK PERFORMED TODA Y: ~ A/?:.J....' /" ./-1 ,4'.c UC-/C~ ~/~.. t. ... v ~. ; '\ .-- ~---- ----.----- ----- ~--- -,- PROBLEMS /DELAYS: .-----------------------.----- _.~---'------------_.._-- -.-.--- - REM..c\.RKS: (accidents,items of concern, etc.). -- ..------------ ~---_._... NUMBER OF E~lPLOYEES 0;'-; JOB: 2- - HOURS WORKED:__Z A.M. IO ..s- r.M c:/ c:-- <.'/ c:' z- --~-- - V.D.I, Supenbrll' .J -.;; , v -1 .- \ \} \/ / ~"c,L- :}\ ~ '\ .~ I f V.D.I DRYWALL INC. ,------------------------- - -- ~------ --- --.---.------- -1;">'1 c:?~>C<< J.~ !/S7 I TO: DATE: I Sl'RCO:\l RACTOR: _~'!::~c___~::_:_{>C-~ _ I ~-3 I , I PROYfCT ~:nIE: ;'--; L ~-7__L~ c./" ~ 'c<:_ C7"'" 7"2- L {/ DESCR]PTIO~ OF WORK PERFORMED TOD..\. Y: ~ t?~./-- /-r J~ D c--rr t-t-.~A I '( ; - - .- ------ --- -.--- --~ --- _._-----~----,--,._- -.--.-- -- ------ -------- --~--------~--..~--~-- -_.. ~-~~-_. -- ----,_._.--_._-~-- PROBLEMS /DELAYS: ._-------,_._-_._-~--- --~-- --.--- ------------. ~-_. ---- ~----._--_. --- ._----_._--~----------- ---- - -----.-.----- - ,- -'- - "--.- REMARKS: (accidents, items of c(mcern, etc.). ----.---- ,-- - -- -~-----~-- -'_. ------- ----..---.-----. ----_. ._,_._._-~_.__. --.-----. NU~lBER ()F EMPI-OYEES ON JOB: ,5 HOURS WORKED: ?. A.M. TO S- P.'l ------ - C------~-- '\ ----- Y. D. L Supenbo1" fct \ ) <.: '1 v , \ I) .'.1 \?) r\ ) ~ ~\. '). - I~ " f ' , . V.D.I DRY\VALL INC. -.---------------. ~._- I i ! TO: -;t;rr'1 L'k,?~ DATE: J~2- -4 i ; ~ ~. I i SLBCO~TRACTOR:______~_~.2Z:___- /c.-i-:-tf/?'------____u___ i I , ' l7 \ ~ C:;' I CYECTNHIE, c>? ~'n (/c-.; -"<< -:<7 & I DESCRIPTIO~ OF ""ORK PERFORMED TODAY: ,\ .~r' ~ /r 4-1 .-/. r: f) cre-r h.-o__ i1 ~'; '. . 't. -- .-- ---- .---------- --- __.____u ------ - --_.._-------------~--_. f'ROBLF':MS /DELAYS: ._--------~-~~-----_._._-- ------~-,--,-"-._~. -.----.------- -----~----------_..__.__._-.._-~--_. - '. - -- REMARKS: (accidents,items of concern,etc.). -- -- -. ~>._--,--- "-.- NUMBER OF E~lPLOYEES ON JOB: I HOlTRS WORKED:2 A.M. TO ~-- P.'I -~?-4 ~c-------- --- -~ - -;.D.I, Supt'nis;'r Sigrl3tLi? of!'ur.'r;J~lend(:r:r J \I ~ \)1 I.'i \ \~ J,,')r}- ; ~ ,I ~ V.D.I DRY\VALL INC. ~o, -;1;-;", c.x:./-,:;,;{ _ - --~-----"--~ DATE: )/6 yC;7 --A - // . - --,r- I SlBCOYfRACTOR: / c? h,,--!, r - L'---/C/,:,/ I PROYECT NA\fE:-===- T"- ~e --- {/ --=J ( .)-0....-7 I~S:: ;(.c- C~ c-,.., -r:: r L J DESCRIPTIO~ OF WORK PERFORMED TODAY: I /P,.... ..a~, '/ #Y 4.~ 2\ c--,-' # ~k t {/ ~: i ---------- ---. --.-----. - -----,... .---- ------_._- PROBLEMS /IJELA YS: ~--'_._-~_._--- '-~--_.--____H_______' ~--_. ----... REMARKS: (accidents,items of concern,etc.). -------- --- ----_.~-_._-- -.- NUMBER OF EMPLOYEES Oi'i JOB: I HOURS WORKED:-2 A.M. TO .s- P.~l ~~~-~ -- \".D.l, St:peni:sjr \ .(., (. ,'v ~1 :...(:, ,')' ? ~~ ') { V.D.I DRY\V ALL INC. ---- ----------- --- ---------.----" i TO: -1"/)." C/:-rck__ DATE: ~~7 I ";;l BCO:-;rR.\CIOk:_____~ _w'''''-~-&_:':'_..c: (.y2_ __ ______ _ _ ____ I I PROYECr 1'.\\1[, ;r;."'C' /-'>?~ i./l---s ;;(."-C C":" ~_. J DESCRIPTIO~ OF '''ORK PERFORMED TODAY: J ~~/~'/r 4-7 ~ C L)~C" r It-o-~, ~ v 1 " --.------------.--- --_.,-_.-._.~.._---- ---.-'--- ~.~--,.---------- --.---- --- -_._--- -----------. ....-..----... ---.---.- PROBIJEMS /DELA YS: . --~------~--_._------_._- .---~.- -------~---_._--"---,._~ -------~~'._--- -"'---'- -----.-.---- __.__0__..-...__---.------- '--.---------. --...---.- REMARKS: (accidents, items of concern, etc.). .--- ...... - .-----. - -----~--------_._-_._--_.- f'iU~IBER OF EMPlOYF:ES O~ JOB: ?.- lIOl'RS \YORKED: 7 A.~1. TO ~- r.M c::::.=--~~ -- -- -..-- V.D.l, Supcn bar ,~ , ,\J v 1 i.. ~ \' ft. e.~,} I '\ \1 r ~ V.D.I DRYWALL INC. 1-- -i // ----------.~--~-l i TO:___~"r~_C~~__=_:1_ DATE: ]/~)6/o? I I SlBCOYIRAC10.R:_______ .~-0--~_:-S/C.J..~?__ ______ _ ___ __ i I PROnCT NA~lr, ft<"=~N,r~S ;.;;,-~ r>_~;0~ I iJ L DESCR]PTlO~ OF WORK PERFORMED TODAY: I 4 #A. .r .,.--1 ~ ~f': .d (/C" "7 l--%.-c.?~~ t'; , ~ '. I. 1 --. -.-- --_._-~------_.,-.,--~. ---.-.--- ---~---_.. -- ....-----------.-------. -.--.-----.-----.------ PROBlEMS IIJEL-\ YS: ..---------.------------ .-------------- --_..-.~-_.__.-.- ---~--_..._..._- --- .._-~._---'----,----,_._._._._---------- __w__ ----.--------.----- .-.------------ - ------------- REMARKS: (accidents, items of concern, etc.). .----- -- --- ----~-_.__.__._----- ---.-----. -------- NUMBER OF f2MPLOYEES O~ JOB~ I HOURS \VORKEo:2A.M. TO ~ 1'.~1 ~tt---v-' ~- .- // c:::- c-' - 2- - -----.----. ~ -- - -- ----- -- Y.D.1, Surenbor ~i~D:'; turt' cf ~ u p<cri r. td~ d ,'-, i ~ (, \1 o "v .;' \ \ \ .V'~/-r ( 00 '( \1 ~"- V.D.I DRYWALL INC. I TO, -;I,: ~, C"0d'1 -SA TE ,- )""'-;;;$>' ;':Z I I ~ 4 'lBCO:iTR'CTOR'__.___~ v -~.--~~no/-~.-_-- ______~ PRO\:"ECT r-iA'IE:_ //- c:: /"?-n...:2::L /c--s ~ roC l/--'7 7~...... ~_ V DESCRIPTIO~ OF ',",ORK PERFORMED TODAY: I #~ ~Cl';'- ~-t' ~r=: -6c;...-C""~ k-o/~ . tI r', o. 1 "---- ----------- ,- . ._~- PROBLEMS fDELA YS: - --~-- ----- - REMARKS: (accidents, items of concern, etc.). .-- l'IUMBER OF EL\-lPLOYF.ES O~ JOB: -1_ HOURS \VORKED:2 A.M. 10 .s;. r.M te/~ ___ / - ____. //~~~:-~~-Z---r Y.D.I, Supt:ni~:)r - ~:'JD:,tD re of s up..:rjo te2'der: r - 0 ,~ ~ \\J 0" I ,L\/ ,,.\- ) tv \::I ,>' \ I " ~ V.D.I DRYWALL INC. ,..........---------- - -------'----~----- -;; /~Y1 C/~~,rG .I{ ')~ /~/ I TO: DATI::: ..J /C./Q I . I SLBCO'i1R-\CTOR:______ -1"jZ~~~~--_"":-'~'Q ~:________u ---- i I PROnCTNA'IE: /';-U ~"-"--d",5. '-;;c, C~,,~ T.'.r i - I DESCRIPTION OF WORK PERFORMED TODAY: , . #,-1 .-a:<. // 47' ~,c: ~c---C-7 ~/( rO; r '. . -- -- -- <-.- -----~--_._,--,- -., - - ,-----~ ------------.- - ...~_._.-.---- -"- ---.--- PROBLEMS IDEl,A YS: ---~ ,-- ---'----.--------~~------.---..-.-~-.--___~_.__r__.,.~_____ __.__. -- -- --------_._---_._--,--~-- _._---~--------- ..-----.- --- ---. u REMARKS: (accidents, items of concern, etc.). --- ----. ----- - ._-- -----. .--------------.. NUMBER OF EMPLOYEES O~ JOB: J HOl'RS WORKED: 7 A.M. TO ~_ P.M ---- ~/-.--~--- - VDl ~ . .. ..,"- ur~r\ 1~~0r ( ~ c , \ IJ 1,)1 I \--~ \' ) ~~I\.(' ( .I \ I \" V.D.I DRY\VAI~L INC. -~----- ------- - ----'----~-----_. .---- ---j:'-~Cj[/c:/s_ 1 /z ~, , TO: DATE: ~// ",' 07 I I ..--.E -n , Sl.BCO'iTR.\CTOR:______LQ-l:.~-o__: ___ ...=--&._ ?-::'-2S,.e:.~ __________________ I I monCT NA'IE: ,F;-''''~ r?Y'<.... l~-.s .;(,., Gu--M>~ I v I I DESCRIPTION OF \\'ORK PERFORMED TODAY: I ~./ ~T~ ~-r /r: 2Jv.:-r t~~ ,../-('. d v . ' 1 T- ----, '-----~-_._------ ------ -.-----.-- ----- ._-----,- ~-_.- ,.- . ___ ~4_..'____..___.....__'. ___. ~_. _ .._____. ___._.__ PROBLEMS /DELAYS: ----- .._-------._~._--,--_._-- - ------ -~-,_._-- --~...- - - ~-.-..- ._.---- ---_.--_. --- -----------.---...-...-------- -----,----- --_..------------~----- ----- ----- REMARKS: (accidents, items of concern, etc.). - -- -- -____________k_.____._____ -'--.-- . --_._._-~..-.- i-lUMBER OF El\lPLOYEES O:"i JOB: / Honnl:; WORKED:_2A.~I. TO ~_ r.M ---- - L ~ =~-<:::::::---- . --~ 4--z-. --- ---=" --.-:~---- --- --..------- ----..-----. ,".D.l, Sllih:nbcr Si2.!:':~t ere of ~ ufai'dt.r: dt' 1: t ~ ~ \0 \)1 ~ ' (Iv 2J't)'}\ , ) \ - \~ \ V.D.I DRYWALL INC. i-----, ,,---------i TO: -/.,,'7 arc'/{ DATE: /'~J ~7 I / ' PROYECT NA'lE: n-:.-C' --?-r~ 1~ p c"~ ~~...., ~_ ! J I I I DESCRIPTION OF WORK PERFORMED TODAY: ,I R." ~.7- ~ r ~ ~ . <bc--"-~ ~4 .~; t/ ' 'I . --- ---- ------- - -- -- PROBLEMS IDKLA YS: ------ ----- ------------- .- -_#_.-- - " REMARKS: (accidents,items of concern,etc.). --.----- r-iUMBER OF E~IPLOYEES O~ JOB: / _ HOURS WORKEO:~A.M. TO ~~ r.M ~ .---- ..---~ I ..-----.::::.---- ~ .--- , ----""'V.-D.1, S ur--2rd~or Si6D:ltDr-e of s u penn tel: d en , ~\J . \1) 01 I " , ~ ' IV , t~~ t).} ~I f V.D.I DRYWALL INC. r- - - I TO:__ . "t>"'1 (0- r'L I( -/ "/fi ,,- DATE: - ), /t.-r /0 7 _~-er-_ -i9~o '7 I SL8CO~TF.ACTOR: /0 ------ I PROYECl ~A'lE: - h- <" C ~.'-7 ,.-' c---:!" ~ t" C 0'..;.,., '71..,,- L '.../ DESCRIPTIO~ OF WORK PERFORMED TODAY: t / -r' c:;:#t 1:'- ~-r /r? ~('"r 4-~rk 'I; , . '(, .. #_-..-.- .- PROBLEMS IDEL\ YS; .._--- ---------- - - REMARKS: (accidents,items of concern,etc.). Nti:\IBER OF EM.PLOYEES O~ JOB: ( HOURS \YORKEO:1 A.M. TO S- P.M c:-~, -~__ - -- Y.D.I, Supt:nisol' .J I \.!~ 01 \ r .t, 'J- I te \. ')" ,J r V.D.I DRYWALL INC. ----- ----_._._.~ - -- ------ - . -. .----- -_. -- -----'! ! TO; _ 75 '1:-::l- C'- r{~ r (' << DATE: _]/<~><S7 I I :~::(;::'~:::R_n~: :::~>:~::;2~ ':~;:: ~.~n_ J DESCRIPTIO;S OF WORK PERFORMED TODAY: I .K'~ d~ 1...- 47' /.r< ~.!"~ ~;>-/f J'-" ~ . . 'I -- -, -------- ---- --.- -- . ._---~->-- ..-,--~ ----------'--.._----_._----_._,---~ PHOBLEMS IDELA YS: -~------ ---.--------------.--___ ----'---_.___0._____- ._._ ___..___ ..------ -------...----------------.-.------- .- --.--------------- - - - - REMARKS: (accidents, items of concem,etc.). - ,-, ,._-----_.._._--~..- ----- 4__________ ~liMBER OF EMPLOYEES 0;'>1 JOB: I - HOURS WORKED: 7.A.M. TO S_ r.M J-tl ;I ------- ..--- C L- c::::::-.~_ L,,"6,;-:'~\"t --- -- ---- Y.D.I, Sqt'r.i';(1~' ;t\ ~ I \1.1 01 ~E-le~_r\- ) rl V.D.I DRY\VALL INC. ,--- ----------- ----- , i TO: -I;--^~_ ~.f:d/( DA TE: J //6 ~--07 i , I i SrBCO'TR'CTOR:__~_7to, _.!~'Y. __ _--:f! ~-~ -------.-- I 1 ~'~ I I PROY.fCT ?'iA\lf: /?t', ~,..., --(;l-'::'-' 'C< 0." ~= =J DESCRIPTION OF WORK PERFORMED TODAY: .rP~ ~ Ir 4-7 /~r: LJ.,./,/, ~ t-<- 0/ ~ .' ;. , - ---.----.---.-------------- ------- .--.----.---- ------ - ._--- PROBtEMS IDELA YS; .--.----.------------.- - -~-_.__.._-~--_..__._-.-- -- ----.-- --- -- ....---. --~-..._-------,- -_._~- - ------- -- - REMARKS: (accidents, items of concern, etc.). - --- _. ----- - -- - L-iUMBER OF EMPLOYEES 0:-; JOB: - / HO{'RS \VORKED:-2 A.M. TO 5-. P.M ----, -;> / /~' ---- - ---_..-~ ..::... / . 0<.., ~ ~-:_.___ --- - \',D.l, Super-vb'1!" S;:2.D3ter-e cfsuperintenct'C[ , v \ ~, \)1 \; - .Ct'. J-'J Q~ 0 '" I' \"" The Tower Group, Inc. CHANGE ORDER REQUEST 405 SW 148 A venue No. 00104 ~u.ite One Phone: (954) 476-3200 Davie, FL 33325 Fax: (954)474-3111 TITLE: Ltg. Circuits for Bldg. Directories DATE: 6/19/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: Clark Briggs CONTRACT NO: 1 Monroe County Facilities Development ,V:ONR0E C<)L'NT'r' ::.o\,C ILlT:ES ;')1:' FI.')""lfl:W 1100 Simonton Street Key West, FL 33040 .I:N '2 1) ~flft!, Phone: (305) 295-4306 Fax: (305) 295-4321 . . ~) ,/ME: 'ECE!\~D ;1Y;' RE: ,() Co To: Ihv~ From: (~r'y( lh~, Number\ 2- DESCRIPTION OF PROPOSAL The Architectural Drawings called for one lighted building directory in the lobbies on the Ground Floor, 2nd Floor and 3rd Floor, but the Electrical Drawings did not provide for any lighting circuits on the Plans, Line Diagrams, or Panel Schedules. This Change Order Request proposes to furnish and install 120V lighting circuits with conduit, wiring and controls for these three directories. Please process a Change Order in the amount of$I,464.35 for this additional work. The value of the added work is based on Capri Industries Proposed Change Order #2, dated June 14,2007 (copy attached). The Tower Group reserves the right to seek a Contract Time Extension should this added work impact the critical path to completion of the project. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Furnish and install lighting 1.000 $I,364,()() 0,00% $O,()() $1,364,00 circuits for each of three (3) building directories (Based on Capri PCO #2, less sales tax) Unit Cost: $1,364.00 Unit Tax: $0.00 Unit Total: $1,364.00 Subtotal: $1,364.00 Description Markup Percent Markup Amount Sales Tax $32.15 5% Profit 5.000% $68.20 Total Cost: $1,464.35 .~...-..~~ .----.-..r'~_~~~~ __'!.:~- ~ -_.- -- ::apri Industries!! Inc. PROPOSED CHA~GE ORDER -- ~,(~ ~,,',r~h ~":il~ r~.',.1,; N o. onoo~ Phone: (90~) 810-0899 ~ugustine, FL 32095 Fax: (904) 810-0898 TITLE:Lighting for Bldg. Directories DATE: 6/19,2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: John Chandler CONTRACT NO: 0417-063 The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 RE: To: From: Number: DESCRIPTION OF PROPOSAL Furnish and install120V lighting circuits, including connections and controls, for three (3) building directories. This is additional work, as these circuits are not shown on the Contract Electrical Drawings. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Furnish and install lighting 1,000 $1,396.15 0.00% $0.00 $1,396,15 circuits, connections and controls for the three (3) building directories, which require a 120V circuit that is not otherwise shown on the Contract Elcctrical Drawings Unit Cost: $1,396.15 Unit Tax: $0.00 Unit Total: $1,396.15 By: By: Jolm Chandler Jim Goldsberry Date: Date: Expedition ~ -., ELECTRICAL. DATA . SYSTEMS June 14, 2007 Mr. John Chandler The Tower Group 405 SW 148th Ave, Suite One. Davie, FL 33325 Re: HPS Lights for front parking area. Change Order Request Dear Mr. Chandler: We propose to furnish the tools, labor and materials necessary to perform the following: a. Install circuits and connections and control for the 3 Building Directories which require 120V but not shown on the drawings. TOT AL--------------------------------u-------$1 ,396.15 - See attached recap for breakdowns. General Terms and Conditions: 1. Proposal based on regular hours, forty per week. 2. In accordance with the terms and conditions of the subcontract agreement. 3. Subject to the execution of an approved subcontract change order. 4. Proposal is valid for 30 days. Capri Industries, a corporation, is a state-licensed electrical, data and systems contractor. Our E.C. license number is 13001489. Our federal taxpayer J.D. number is 650755503. Capri Industries, Inc. is a state certified WBE. If you have any questions or require further information, please contact this office. Sincerely, CAPRI INDUSTRIES, INC. 138 North One Drive, Suite ~ St Augustine, Florida 32095 tel: 904.810.0899 fax: 904.810.0898 Jim Goldsberry Project I\.lanager 138 North One Drive, Suite 8, St Augustine, Florida 32095 tel: 904,810.0899 (ax: 904.810.089R 14-Jun-07 Capri Industries . Short Cap 11:03AM Freeman Justice Cenltll - Directory Power and Control ~ .......... ......... .. -........... .... ....... .... ..- -..- ........ -.................-.. ..-....... .......-....... -....-.... -.... ........ -.. -.. .....-.._.... -- ......-...- --.... ...... .... ........ .............. .. -- ...... -- .................. ........ ...... .......... .... -.. --........... ............. ...... .....-.... .. ...... --- ..-..- ...... -.. ...... ........ ........ .......... ........ .......... PAGE DESCRIPTION MATERIAL MANHOURS 1 MANHOURS 2 REMARKS .......... .......... --.....-.... --..- .............. ................... ...... ..........- --...... ...... .. --..............-.. ....--................. ........................ -................-.................. 1 Misc. Material and labor 417,18 23.19 0 2 0 0 0 3 0 0 0 4 0 0 0 5 0 0 0 SUBTOTAL 417,18 23,19 0 TEMPORARY POWER 0 0 0 TEMPORARY FACILITIES 0 0 0 2,5 LABOR. SUPERVISION (%) 0,57975 0 5,0 LABOR - C-UP/L.TIME (%) 1 . 1595 0 2,0 LABOR. UNLOAD/STORE (%) 0.4638 0 SUBTOTAL 417,18 25.39305 0 0,0 0.0 0.0 SUBTOTAL 417.18 MANHOUR TOTAL >>>>>>>>>>>>>>>>>>>> 25,39305 22,50 WAGE RATE 1 571.343625 37.50 WAGE RATE 2 0 22.50 LABOR TOTAL >>>>>>>>>>>>>>>>>>>>>> 571,343625 35.0 LABOR BURDEN (%) 199.9702688 7,50 SALES TAX (%) 32,14551544 6.0 TOOLS-WAREHOUSE (%) 34.2806175 2.0 E1C SUPPLIES (%) 11,4268725 EQUIP/FUEUOIUMISC 0.00 TESTING 0.00 TELEPHONE 0,00 PERMIT 0,00 SUB 0.00 PRIME COST 1266.346899 5 OVERHEAD. REG (%) 63,31734496 0 OVERHEAD. SUB (%) 0 0,00 JOB EXP. . PM (%) 0 NET C 0 S T >>>>>>>>>>>>>>>>>>>>>>>>>>>>> 1329,664244 <<<<<<<<<<<< PRO FIT >>>>>>>>>>> 5.00 66.48321221 <<<<<<<<<<<< BON D >>>>>>>>>>>>>>> 0.00 0 <<<<<<<<<<<< GRAND TOT A L >>>>>>>>>>>>>>>>> 1396.147456 <<<<<<<<<<<< Gross Profit 129.8005512 /PPRA8..E57-AGPQ AL T-A -- 'fhe Tower Group, Inc. CHANGE ORDER REQUEST 405 SW 148 Avenue No. 00105 Suite One Phone: (954) 476-3200 Davie, FL 33325 Fax: (954) 474-3111 TITLE: Access Ladder Extension DA TE: 6/20/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: Clark Briggs CONTRACT NO: 1 Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305)295-4306 Fax: (305) 295-4321 RE: " 'L' To: r'l:::~ From: "'J Number: ,:~__I-( b .' IL ': z: -z.. 1-\ J"~< DESCRIPTION OF PROPOSAL The roof access ladder added to the Contract Scope of Work via Contract Change Order # 13 inadvertently excluded the OSHA-required safety extension, Change Order Request #105 proposes to furnish and install an aluminum safety extension, Bileo Model LU-4 LadderUp (data sheets attached, 3 pages). The material value is based on the June 19,2007 Quotation from Builders Specialties (copy attached), the regional distributor of Bilco products. Please process a Change Order in the amount of$47 1.90 for this added work, There is no Contract Time Extension associated with this change, Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Furnish One (I) Sileo Model I. 000 $399,00 0,00% $0,00 $399,00 LU-4 LadderUp Aluminum Safety Post Extension for the Roof Access Ladder 00002 Labor to install One (I) Silco 2,000 hours $15,00 0,00% $000 $30,00 Model LU-4 LadderUp Unit Cost: $429.00 Unit Tax: $0.00 Unit Total: $429.00 Subtotal: $429.00 Description Markup Percent Markup Amount 5% Overhead 5.000% $21.45 5% Profit 5.000% $21.45 j'v1CNRGE COUNTY cOC/U?'IES DEVI:L')PVF'{ Total Cost: $471.90 ;lIM ,~(\ inll? IME c.) J l~(~rv';r; . ' "- . J~ , l~~"iidl ~rs S IJecialtftes? ~E1C. ' . _J 4 7 ; ',' I u d. ' \1... -'-0 '.-r- C'. 1 - 0 J-.7--L-o 5~::O ~Ni 33 A'le, S'~I'e ~-C. =~-: Lau,j.3rja:e FL 33209 Fro~e ;50-::) 413-1(53 F.;;., i~5~,' 72: -53::6 Q U 0 T A T I e N QUOTED TO (' t\ TN: John --: I Pro;ect: i=ri?-:'lrran Justice Center I Tower Group Inc, The General Co~t 8. Const Mgmt I Quote Date G'l!ot& Nun;::>er Salesperson 405 SW 148 Ave Ste 1=1 I [ 6/1S/2\iOll[ 2"1629 l I Bev -.-J Davie FL 33325 L_ I Valid through SO Days 'v'Je !=(o,-cse!J furns'l t;atEnal~ a3 spe::;:'eJ In ,as iTam.:fa,~(Lr2d ty ~ The f::J1!cY/lng cuotation IS STRICTLY LIMITED TO TI.JE TYPES AND Qi..''\NTITIES LISTED HERE!N an,j ac-<rowedges the f.:;lio'i'/ing edde1da Product Bilco i,lcd~ D~sdpt cr ,-rocuct eel~is: ------ --- "-- . .--- --.- ,.>,JO'=RUP SA=::Tf P:;ST ALU~;!.I,U~,~ - ~2 l One (1) U.lt Model: LU.4 rC1 e^t,,~siol' \'lith sprin; :la1arc;, ~rQ'Jid!> the ' ----- ---_._._~ - ---.---. -- -- codde' us~rwit1 t~e sater, c' betr~ ab~e to ert"r Finish: ST2.,~ddr:: -----_..- ---.----.-..-- Or exi: as thO\;ghacder ex:erced teyoro the Acc~ss, Standard ocr or reo( le',el. ---.----.----.-.----- ---<< - Total $399 F.e.B. FACTORY. FREIGHT INCLUDED, TAX INCLUDED. r~c'r~~s 1-: ;:-,:: ;-:,'e::r t":IS ':BCo,res an creer, pii?3Se MakE' P 0 tc The 8,1::0 Co, c:o Bui:d,?rs SCl(:;c!a!h;j~ ':"r'k C'" LIi;!:)C!-t:n1e 1-:) s" C 3 to l Jay's ExclusIons: TERMS: 3(' d1y~ l~t. ',cr;1 dat~ ot n\OICe, sub,ect to at:~ept<lr:ce ty C'eclt D~'jart,rent. \'1e cam()( )e r<lsponsit,ff, f;y lX>-C€li''-O:I) dut ~c s~rk'>", :lelaJS of carners cr o~',er :<lu;e~ oeyond o.lr ~ontrol Pii :Ia;ms r',ust te Toede '/II t~jn 5 days frcm rece,p: of aoods We rese'\e rMe 'jJ1i tc ;crrect ai ::erl:al en":!s. ,Illl qiJc(at:on~ !I,'e '""2ce fef prcmpt a::eptarc~ $utJ~Cllc matela!s avalabi j~j ar'ld ~e\is':.' cfprices In the e'/en: ia:l," ccsts or mater e' pr,ces aeV!1:e Aillnstal:al o~ IS $...tcc....,!r~.: e: cuI All prices are FOB fa<:'ory, unleu siate::! othe~"lse lrocuees our Gt<:lrd~'j Ir suran~e co'/e,aQe ACCEPTANCE: 3Jjer,_________...._______,__ Gd!~,________,__ D,,:E' Required___________ 8.Jyer5P.~ent-___ __ ______n__.____________ SI;r'latwr~ ___~____.___._________.__ , s,~,_ T~__.____,_______,____.____Te:ef;,-;"e \I...r-,Ge' ___________,__ I ------------ --------- F2:< LJy:-,,:#?( - _._._-~._--------_.~-._---- I I I I I I i L____________.,_,________.______.,.__________________ _,"______.......J .' [ffiill]rnUJUP safety post ~ , OJ ". ,~, .',""" = T- '.OT" ........_ .., ... '-< ..~-_~__.. ',.. _', '_ ~' ":'~ h '~i. -. : ",!'f' .~. ': ..;'-., ' ~"'" " _~-:, "~ . ,J:', ,.,' Here's the way to add safety and convenience for users of fixed ladders under access hatches. Specify and install Bilco LadderUP safety posts. The Bileo LadderUP safety post attaches quickly and easily to fixed ladders in new or existing construction. It's shipped fully assembled with 4 bolts and adjustable " 1 fasteners for securing to the top two rungs of the ladder. 't:. ~, '.' " \ "'j.) 1-,/ l3 !l..lj C<.r-IJ,FY, NtfW H.l',(~n. CT 'J65OS P"r"ttd I" USA. . " ,,- ; . ,. -" - .~ The spring-balanced Sileo LadderUP safety post moves easily up and down and locks automatically in the up position. After the manhole cover is removed or the hatch opened, the post is raised to its up position to provide a firm hand hold going down or coming up the ladder. The Sileo LadderUP is available in four models to suit a variety of applications, WI. Model MaterlallFlnlsh I Ib (kg) t LU-l Stael. black enamel j 24(11) ( . -"- --'" LU-2 Steel. h~ld~P9~~vanjzed 24 (11) LU.3 TyPe 304 ~tai~I~Sl>_ Steel 24 (11) LU-4 AI'!!l!!fl~!"' mill finish , ,'4 (7) J V'~4if.1GtnFf{W$;~~~ -~----~.. ~K.~~:2~:' ~.~ '~~_:i i..o.'~ .,~~ _{~rZ~~'~:i'.i1-;~t;;":~~~' Ladder users appreciate the convenience and security afforded by the LadderUP safety post. With the safety post a person can enter or exit as though the ladder extended beyond the floor or roof level. .- ~ .~ ; -- -. ~ . , . . ....- -- [BilliliIPUP' Specifications Install on fixed ladder(s) oelow h,ltch cover(s) Model LU-1 Bileo L<:ldderUP safety post. Device sh311 be mandactured of high strength $teel with le:escopH1g tubular section Irat locks automatically when fully extended, Upward and downward movement shall be controlled by a stainless steel spring balancing mechanism. Finish shall be black enamel (Important If installation IS to be in ccrrosl'/e atmosphere, specify Model LU.2 hot dIp safety post galvanized, Model LU-3 Type 304 stainless steel, or Medel LU-4 mill flrlsh aluminum. illl with special alloy spring,) Unit shall be comp'eteiy assembled with raster.ers for secuw1g to the ladder rungs in accordance with the manufacturer's Instructions, I CLAMP BRACKET MAY BE REVERSED TO ACCOMMODATE RUNG SIZES OF 3:4" Z '''''>m} TO "14"" 132mm} WITH STANDARD lO Q 2- i51mm) ElOL TS FURNISHED, LARGER / !', , VJ RUNGS WILL REQUIRE LONGER BOL TS, I : I Z '- .2.3,4- llJ r'''~' ~: ~.' ,70m",} l- X I ' (57mm) h 1 u.J E 2.1f4"(57mm) I ! E FROM TOP. LADDER, I r--. , OF RUNG '" 0. RUNG I c<) 0 _L., - /1, / I f." i I STAINLESS STE~L r " -1 ; I ~ MOUNTING . PULL-UP I 1,1 VINYL LIFT BOL TS 3/S"x2" ADJUSTABLE"-- LOOP--- II (95mm x 51 mm) MOUNTING , I~~-HANDLE ADJUSTABLE FITS I MOUNTING - LADDERS INSTRUCTIONS ~ I , CHANNEL WITH RUNG HIGH SPACING UP I STRENGTH TO ABOUT . SO. TUBING 14"(355mm) I t CENTER TO I <!' CENTER I ,/, -~.l BALANCING / SPRING / / '"- / I LOCK UP ~ RELEASE BRACKET 5' 1.3/S" ROD (1560mm) _HIGH ( L I STRENGTH \ SO.TUBING I! I " V "~ ~ VIEW WITH -------- FAONT SIDE SAFETY POST VIEW VIEW UP AND LOCKED Palenled FRONT VIEW SIDE VIEW The Bileo ;;~Jt)gl)o~,~ie '.' Portable Safety Post !:II '" [--- ----r Utilities, municipalities and others with a ,.,.... . large number of below-ground ladders will ~u-' , find the Pogo'Pole an economical alternative .. ,.". ~- ij.: to the ladderUP safety post. With the Pogo' Pole System. only the receiver remains on the ladder, The Pogo. Pole safety post is carried on the service vehicle. Upon arrival at the site, the hatch or manhole cover is opened and the Pogo' Pole safety post is inserted into the receiver, It provides the same safety and convenience as the f:' ladderUP safety post, at lower cost. Patenred " . ." ~ ;c I 1 j The Tower Group, Inc. CHANGE ORDER REQUEST 405 S\V 148 Avenue No. 00106 St.>-ite One Phone: (954) 476-3200 Davie, FL 33325 Fax: (954) 474-3111 TITLE: Plumbing Changes for Added FD's DATE: 6/21/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: Clark Briggs CONTRACT NO: 1 Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE' ,I. To: r, .," From: ( L'c" _ It, < ,'...( Number: . '.... . ,f,- (., ~ v \0 ! ..' .- I I DESCRIPTION OF PROPOSAL This Change Order Request addresses the cost for the additional work to remove and relocate copper plumbing lines to accommodate the installation of added fire dampers in the HV AC ductwork. The value of the work is based on Weathertrol Proposed Change Order #WT021 (copy attached). Please process a Change Order in the amount of$686,83 for this extra work ~--- .., '_. M" ~ ; J., ,V10NROE COUNTY l=A.CIUTIES OEVEJ.OPMFN', Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Relocate copper lines to 1. 000 $654.12 0,00% $0,00 $654,12 accommodate tire damper additions based on Weathertrol Proposed Change Order IIWT021 (copy attached), Unit Cost: t;/t;3(l ~J2 Unit Tax: $0.00 Unit Total: $654.12 Subtotal: $654.12 Description l\-Iarkup Percent Markup Amount 5% Profit 5,000% ,"SO 11 SJ-2.71 Total Cost: ~149J) S686.83 Weathertrol Maintenance Corporation PROPOSED CHANGE ORDER 7250 NE 4th Ave. No. WT021 Phone: 305-908-1000 Miami, FL 33138 Fax: 305-908-1039 TITLE:Plumbing Mod's for Ductwork DATE: 5/30/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: John Chandler CONTRACT NO: 0417-004 The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 RE: To: From: Number: DESCRIPTION OF PROPOSAL This Proposed Change Order addresses the additional work to relocate copper lines in the 2nd floor bathroom to accommodate fire damper additions in the ductwork. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Relocate copper lines at 2nd 1000 $622,97 0,00% $0,00 $622,97 floor bathroom to accommodate HV AC ductwork (by Tasco), Unit Cost: $622.97 Unit Tax: $0.00 Unit Total: $622.97 Subtotal: $622.97 Description Markup Percent Markup Amount 5% Profit 5.000% $31.15 Total Cost: $654.12 By: By: John Chandler Hector Ruiz Date: Date: E\pedltj'~l1 :~ loeqr~~~:?!:~! ~ CHANGE ORDER REQUEST PQJ#- WTo2/ Change Order R~quest #; 04w790-0026 Date: !i3O/2007 Projeot: Freeman Juttic. Centor Proj.ct #: 04-190 To: Th. Tower Group 4) Freeman Justice Center From: Weathertrol Attn: John Chandler Hlctor J. Rulz !OO Whit,h.ad St. 500 Whlt.head Street Koi' WHtt FL. 33040 Key Wilt, FL 33040 Ph,: (306; 29a-2521 Fax: (305; 296-2587 Ph.: (305) 908-1000 Fax: (305) 9J8-1039 We hereby propose to ma,<e the forrowing cnariges: P umbng Additional Work_ (/J~-. "2 Change Order PrlOG -~*~ This pr:ce '$ good fo." 0 days, :f condition. change, trois price Is voId. We are requesting a tiere extension of 0 daIS In conjunction with t/'is change, Hector J. Rulz S130/2007 , Author Date o ACC9r;:ed The above prieta and speeflcatlons of this Change O"de.. request af. latlsfacto.')' Bi':d are ha,'eby accepted, All work ~o ce performed urder Sar.11 tl!rms and eonditicns as 3~ecifiid in orig'nal contrl~ vnlesi otharwl~e s~ecjfied, -- .... - " ........... Au:ro~;zed S;gnatiJ'~ D8:e Of Ac~ !~ta"'ce ,. '" "', .', '. .. 301 East !OrhAvenuo Chanae Order;; 8 ' Hialeah, PL 3301 () ascI) Phon, (305) 455-1377 Proposal ~ COB.032907 Fax (305) 4-'5.1396 IlILUMaNCI' MICHANI=...L CC"'''OFlATJON Date 3/29/2007 CUSTOmR: StatuI PENDr Weathcrtrol MaJn~a.'C$ Corp. Date Approved 7250 NE 4th A venue ~janlI FL 33138 - - - PROJECT: 262..PlFreeman Justice Bldg. (PLBG) - DESCRIPTION OF WORK TO BE PERFORMED: TO:111 ChiltilllCtder Work Detcriptior.: ' , . RCJO<;lllt CGpper liJ1cl Bt 2nd fOOt bathrcom to al;comodAtc HV A V duct work. Matcri&la: JO' .3/4 cops;er pipe 4 . 3/1, coPJler COllpJin'1 6 . 3/4 copper 90 d.aree J . 3/4 copper hani'1'I Tolal Mllerlal& 69,00 ,% Sales Tax 4,83 W<'t. $ hrs @ $65,QO ~ hour 32',00 SUBTOTAL ~~a83 / 42% Lebor Burdell 167,'1 (3 &-)D StJI3T07.AL j66,;H 5!:\'5'-3> 1J~'O"ed1cM &. Prollt -U9f-- . , "..- I o"7P 5'.~ 5""3 ..5"3 b'] :/7 Total Change Order -$65H9- ACCEflANCE OF CHANGE ORDER rh~ prIces, .pe:i1icltloCl" payment term!. IlId cGnd.tlonl JtItJ,J on tllit dllll!!' ord., 'ro uti.!'adory .nd are hcrcbl' ac;:~ptHI. T~JCO P/:!m~!"g COl1lllfltiolllJ IlJthorlzrd to do the wcrk ~4 $~~;:!ficd, Slgnatlll e X ____ D;I, _oj --1 _ '.';' >, ;'~,:Q~! ;r r.,,'.',';r i~~./: ,i': Jl""~ 1~'CI,:c.liJnJ i~:y.~;"'jJ{, :"rI t~jii \'(,;1 C~ 1~~;.JC~ ,",lf~~M""',:; cd~ 1~,i *': b~':J'lJ' ~ ~ta t~,'!l! "'...: :. ~ ,,~~,. ~1; cst,',n, A 1,; ': ~";"I' ~r.~: ::.C" J7:4 H~k~t l;"'!~<lI, cr ~::nil J;).:^d ;'-.l :':';,t:, P"P'~$<' r.,;c , " ~"'; ~ l/!:: N :J;" ;/ T~lo:c ~bi,ll Cc~ ~':: I <I, ;"'1;:1'" ~F 573 CHANGE ORDER REQUEST SUMMARY Projoct: P'reeman Justice Cent.r COR #: 04-790-0026 Subcontracts Subcontractor Cttorlptlon Tollt , Tasco Pll,irrloill; CC #8 Ralocat. QOppel II"", It 2"d Iloor :I~hr~_ 50,00 ~~-~ Iccommodate ~VAC duct'Nork ___~ . -USL2i .~ (,'22.~1 -----.-.--- Subtotal S~1M5 h2-2 ,c17 Total Cost $0.00 Subcontract ~,21666 G2.2 .l" 7 """_ Wolrkup Subcontract '80.16- ? I . 1'5 .,:>.1. q ~ €.,41ht. (J r.. ~ I - 664, ,e Total .$1 ,27e 4J-- ~ .- ltJg'-30 ~ 'The T awer Group, Inc. CHANGE ORDER REQUEST 405 SW 148 Avenue No. 00110 .. ,suite One Phone: (954) 476-3200 Davie, FL 33325 Fax: (954)474-3111 TITLE: Add Cashier-Type Window DATE: 7/16/2007 i I PROJECT: Freeman Justice Center (FJC) , JOB: 0417 . I,IjOt!F,')C !"')Uf\;T't' TO: Attn: Clark Briggs ,I\CII:TIE$~O:NI}:JiMCT NO: 1 Monroe County Facilities Development 1100 Simonton Street jllL lS,~l]U f' - ) Key West, FL 33040 ( -4 j(~. I U f.:> JJ Phone: (305) 295-4306 Fax: (305) 295-4321 if<lll:: \ '~~'" J ir:FI\JEC' :1\'. " - 't .8/J ( , "" ~ ) -': RE: To: From: Number: DESCRIPTION OF PROPOSAL The original Contract Drawings (Re: Dwg #A4,07) called for two (2) lockable sliding windows in Room #2073 (now Room #3073). As a result of changes by CSA to incorporate Judiciary-requested security improvements, one ( 1) lockable sliding window being relocated to Room #2061 (now Room #3061). The was no cost associated with this change. However, the Judiciary subsequently requested that the window in Room #3061 be changed to a cashier-type window, also for security improvements. Change Order Request (COR) # 11 0 seeks compensation in the amount of $2,409,09 for the added cost to furnish a cashier-type window, in lieu of the lockable sliding window originally specified. The value of COR #110 is based on the difference between the cost for the lockable sliding window from Manley-deBoer (copy attached) and the cost for the recommended cashier-type window from Nissen & Company (copy attached). Item Description Stock# Quantity Vnits V nit Price Tax Rate Tax Amount Net Amount 00001 Delete one (I) interiur -1000 EA, $13 1.84 0,00% 'liO,OO ($131.84) horizontal-,liding, lockable window peT Plans 00002 Add one (I) cashier-type 1,000 EA $2,200,00 0.00% $0,00 $2,200.00 window per Judiciary request including freight Unit Cost: $2,068.16 Unit Tax: $0.00 Unit Total: $2,068.16 Subtotal: $2,068.16 Description Markup Percent Markup Amount Overhead 5.000% $103.41 Profit 5.000% $103.41 Sales Tax on Item 1 ($9.89) Sales Tax on Item 2 $144.00 Total Cost: $2,409.09 - > ~ ,0' , . . -"" ' , : c ~ ~;;~: , - ,-' .... ; '" ,: _ v ,,0) r --, ~ ,-- , '" , . - - .-' ~ d:' I _ I " -. ' 1 .;. I ~; , r I " I I,-A ~ - ,': 1 I ' -' ,'~ ' .. I I;~ ~: < ~.' ~ I W -. '~ ry':' E ~ I :3 c: -, - 1J . ,; " ;:: '; ~ 113 IS: , , 3" I~ " '" ,", ;- - , I i ,~I Ii;::,' 15 I " ,. . ' , ,~ , 1"'- 1::C - I' ~'-'''',I " c:<:: f-- ,:~' I::: - .'"~~- . I F I;> 1:::= - 4- / " ." :J W ,,~' " <. 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J"HL flUR NbU:1L . if} :;,-c.t . 49-Lj. 311/ Customer Detailed U(Jtll /I Im,j91 uote Dute 01;13/2007 - .- CUJtomer Account (I UTE TOWER GROUP ',' Pr.,n~# (3051296-2521 f.ooJ - Line III Descriptlott - -- 001 HorlEofttllJ RolIn Serle. 2tJ Ordered: I Dt.vCl'ipUon: HO;{IZ ROT,J-li.R SERl ES 2lJt wt.J:rJu ~/1 Pr;~ :zuEdJ;t CCflfJp-tJfl"n: ot040 0 W/CLR DSB OX S DI ,~206.0() 5J31.84 SI31.84 8i~ : .800W;( 41,OOH (~ize eotk: 4(40) S~ Type: Tip-f".Tlp Ccmllguration; Riahl MOllln,. Let'! Fi.ed . OX Fmme Color: White Outboard Gll1lll1 Color: Clelr Glnu T~: i 'R~ Alln .S4 Lo~ Quantity : 1 Stninle. Steel Pack~' Yell -S-r.,R TJrrr11~_'.4:r1..8&l~r,u1. W ~o..... ~tylc : No Colonilll ClIculatwd . : 44.10 Cl\Jgu!lltcd + ; 44, t I) '" Cem:1eltionN; 07-0214.l7 NFRC LI~I: (J.FlIc1or: I 13 ~FRC L~bt;l. SHGe : 0.72 NF'RC 1.1Ib.!l; "7 . 0.73 Eneri)' Strr : Dogs Not Q"alify 'fOl'/\L .\M't ~JJ1.1lA TOTAL TAX S9,lI9 mT AMT ,<141.13 CompF.IlnCe with builCing cedes llno building rcgul.tlens for all mnteri:Jl.! ~d ',hier 9'Pllcatioft.4 j~ '.he JOlc re,pot.:libi:ity of the customer. PLEASE ~O'l'I::: ALL VJ~tr.~SIO:'-1S OF WINOOWS, DOORS, -\1'01) 01'~GS APE WIDTH X HBlGHT Not r<:'JoOlUlblc for '=iTOrs ill addition or Ii:XttllSIOl1S, It is th~ Cl1qamer~'~ te~po"$lbility to dc:crlT'lnc ~i!t\J llty or all mlltedels lor L1!1r ;,tcndcd UIlC, , Thl! <:)1.'1c is for the 8bov~ Iht ofmat~r;r.ls ou/y, Ilnd 111110 .~. consUtut:!, 01 gu>lJ"~\,=c thlt tI1CllC: nft~ril\ls wJ!J CO'tlpll!le 11 spl!tilie job nr pro.II!C!. SIG/',A :L'RE ---....------~._--- -- DAn:; ----- Q'JOli Order ~ 1;350198 Print Date 7/13: 20"'" P~iC I of! "JL-L,b-iUJI :;';1 Ul:21 1[1 N1SSl::N :x UJ, ,NC FF.X tiC. 626 579 ,:62,9 F. :J1 :.::arfE , "7 :':"' h.= ~ >"_,, ; ---=~'55~'~!SSEIf& COMPANY, '\\Ie. !J ~R;ER ;&'QUOn; !.o,"o ---'I 'SOLD roT;{ <. }d cJ e~ c::.l<hJ)?' SHIP TOc - D~rE 0' ORDER p--. .::JRDER WRITTEN !lV: . h~~~ ' /~ Y WA,.,l f p (., OROERED BY - , ,,- P,O. NO. ()/.7: V/-e,rt?- .a t//~...) FI.4.~ J'u.v?e~ PHONE NO. PHON&! NO. C4/1.1,/''''1; F)!J ~ 9Q~ ,/7</ U // / DATESHIPpEO: SHIP VI~ , , , , ',. r\"Vl~ ,; ;"~' () CREOr't AufH. '/~i"'!:;' ,;' ,.I " OU"'NTI'T'Y SERIESlP.-\RT NO. SIZEiOeSCA'PTION/ COI.O'" ,GLASS UN', PAIC' TO'l'Al. / UOV/Oz- ~? ptf(r~~{ 2fJc/A./ .f<;l"rr~~ /92.0 qo c.J~T~ L y/o-4 Jrfi#J<.4tto( 6/Ip-JI T ~ nc.J- A- P~~r W;'iV~~ ~f" ;?( / t.,,x ;2. i' J /" 1/..,) A.:I..I ..If?' ~ t c << "'4 T.t V ,111 fp Au ,I.. ) - :z. <PO - ):: to' J-.; eb-r/iJ-v ~ ALe. :::. ::s - 'i CJP..q' ..I TOTAL NISSEN & COMPANY, INC. TAX 9508 RUSH ST" SOUTH EL MONTE, CAUFORNIA 91733-1574 \323) 723-36..16 (626) 579-5666 24HR. FAX UNE (626) 57S-0026 sua-TOTAL F,O.B. So. ~I Monte, Calif. SHIPPING -rOYAL J j : (: i ;.;-: ~iI SS;:N .~ co, c' "'.' ~'(j S28 S-:-S '~62B (. ,...~, . , ~ '" r -"" ;:"~, ; 'J(~ _ ;-Ub-~:.JU , ; n, ~ ~\..I' <. Hardware t=or the Glass Trade FACTORY ASSEMBLED CAStileR UNIT t.j f/:" i? 1 The lactQry assembled unll Includes the lollowlnq: A ' framed slallonllry window wit h a No, 410 speak hole wllh cover and a No. 724 IIcket wlrorlow Inslalled In W' clear, tempered glan. The unit Includes a '-J81.'S"x2"-18 gauge stainleos aleel counler. NOTE: y," glass or '4" Lexgard (Bullet Res/slant) glazing Is available on special order. Slock No. SCW '02 SE.(!..TtQ\\) FACTOnV ^SSEMDLSD CASfflEn WINDOW 30" A .tailonar)' 30")C 30". W.temp.red Qli'lS5 window Is complete wllh alumInum frame and 8 No.'" I 0 Speak (overall ht. 32") Hole Install.d. Counter and coin tray are labrlcaled including ctr. o( 1 B gauge stainless steeL NOTE: y," glass or~" Lellgard (Bullet neslstantl Slock No. sew, 03 glallng I, avallabl. on special order. .. You may allow. 114" to 1/2" all 2" deep around your net overall unit size tor installation. .. Note: Frames and glass channels of heavy type 6063-T5 aluminum extrusions. Available finishes are standard 204R-l clear aluminum anodized or Bronze anodized finish. The frame is a two channel extrusion, one channel holds the glazing. the other is used to screw into existing opening. filler bar is provided. Steel brackets are provided for the installation of the counter. NISSEN & COMPAN"f. INC. 9508 RUSH STREET, SO. EL MONTE. CA 91733 (626) 579.5666 (323) 723.3638 FAX: (626) 579~628 VO:i::':'~E C,)I"~r: :,'C!, ilf!'i ~F'.r:!. '.""./C' y.O'! " " Jljl_ }I) ;)IJfj ~" \.....:"..", \.... '''"''':" \ ," . I ' ), . .,~ . iME 'i ~ .. -....~ "r._ v" , , 'EC"I'.JEl", \Y ~ - MONROE COUNTY COURTHOUSE ANNEX SIXTEENTH JUDICIAL CIRCUIT OF FLORIDA 502 WHITEHEAO STREET KEY WEST, F'LORIOA 33040 TELEPHONE (305) 292.3423 SUNCOM: 494-3423 TELE:F'AX (305) 292-3435 July 16, 2007 Mr, David Koppel Monroe County Engineer 1100 Simonton Street Key West, FL 33040 RE: Freeman Justice Center Dear Mr, Koppel: Please be advised that the Court is offering to pay for Change Order request 00110 in the amount of $2,409.09, with regards to a pass-through window in Room 3061 of the Freeman Justice Center. We are aware that a sliding window is less expensive, however. \ve feel that a sliding window compromises the security of the area. We are willing to fund this change with our I.:xisting Courthouse Facilitit:s budget. thereby causing no additional costs to the Capital Fund. Thank you for your attention to this matter, Please do not hesitate to contact me if you need any additional infonnation. Sincerely, . CJ\....aJ Holly H, E ma Administrative Services Manager cc: ChkfJudge Sandra Taylor John Chandler. The To\\<er Group BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUl\fMARY Meeting Date: September 19 , 2007 Division: Engineering Bulk Item: Yes ....L No - Department: Engineering Staff Contact persoryphone #:David S. KoppeL 292-4426 AGENDA ITEM WORDING: Approval of a Resolution to authorize an additional "Authorized Issuer Officer" regarding the Airport Variable Rate Revenue Bonds (Key West International Airport) Series 2006 Bonds. ITEM BACKGROUND: Monroe County is required to establish a "Monroe County, Florida Key West Airport Construction Fund" for payments on the Key West International Airport project. An "Authorized Issuer Officer" is required to sign payment disbursements, and since David Koppel, County Engineer, has assumed the duties of Overall Project Manager for the construction, he should be given full authority and be named an "Authorized Issuer Officer." A resolution by the Board of County Commissioners is required for this action. PREVIOUS RELEVANT BOCC ACTION: At the June 21, 2006 BOCC meeting, several resolutions were approved regarding the Series 2006 Airport Variable Rate Revenue Bonds (Key West International Airport) to fmance certain capital improvements relating to the Key West International Airport. At the November 15,2006 BOCC meeting, Bond Resolution #238B-2006 was amended. CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: Approval. TOT AL COST: nla BUDGETED: Yes - No - COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year - APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENT ATION: Included - Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 ,t.......... ...-...--.. BOARD OF COUNTY COMMISSIONERS r OK'l~rY ~~~~E Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia J. Murphy, District 5 Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 305-292-4426 department 305-295-4321 fax koppel-dave\al monroecounty- fl. gOY MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, PE cJ-l Division Director, Engineering Date: August 29, 2007 Subject: Resolution to authorize an "Authorized Issuer Officer" for KWIA Bonds Monroe County is required to establish a fund entitled "Monroe County, Florida Key West Airport Construction Fund" to disburse payments for the costs associated with the New Terminal construction. Only an "Authorized Issuer Officer" can sign the payment disbursements from the Construction Fund. Since David Koppel, the County Engineer assumed the duties of the Project Manager, and is required to sign such disbursements, he should be named an "Authorized Issuer Officer." An approved resolution by the Board of County Commissioners is required for this action. RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE AN ADDITIONAL "AUTHORIZED ISSUER OFFICER" REGARDING ITS AIRPORT VARIABLE RATE REVENUE BONDS (KEY WEST INTERNA TIONAL AIRPORT) SERIES 2006 BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Series 2006 Bonds are issued for the purpose of providing a portion of the funds necessary to (i) finance the costs of constructing, acquiring, and equipping certain airport facilities located in Key West, Florida to be owned and operated by the County, (ii) fund the Reserve Account and (iii) pay costs related to the issuance of the Series 2006 bonds; and WHEREAS, Section 4.03, Article IV requires that the Issuer (Monroe County, Florida) establish a special fund to be known as the "Monroe County, Florida Key West Airport Construction Fund" which shall be used only for payment of the Cost of the 2006 Project; and WHEREAS, the Issuer must make disbursements or payments from the Construction Fund in accordance with Monroe County policies and procedures to pay the Cost of a Project; and WHEREAS, effective November 2, 2006, the County Engineer assumed the duties of Overall Project Manager for the construction of the McCoy Terminal Complex at the Key West International Airport, and was given full authority to direct all activities of the construction project; and WHEREAS, the disbursements or payments from the Construction Fund shall contain documents signed by an "Authorized Issuer Officer"; and WHEREAS, the "Authorized Issuer Officer" means the Aviation Director, and when used in reference to any act or document, also means any other person authorized by resolution of the Issuer to perform such act or sign such document; THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Monroe County (the Issuer) shall appoint David S. Koppel, County Engineer, to be an additional "Authorized Issuer Officer" for the construction of the McCoy Terminal Complex at the Key West International Airport, with an effective date of August 16, 2007. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 19th day of September 2007. Mayor Di Gennaro - Mayor Pro Tern Spehar - Commissioner George Neugent - Commissioner Charles McCoy - Commissioner Sylvia J. Murphy - AITEST DANNY L. KOLHAGE, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Engineering Bulk Item: Yes -L No - Department: Facilities Development Staff Contact PersonIPhone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval of a contract with MBIIK2M Architecture Inc. for the Americans with Disabilities Act (ADA) Compliance Assessments for Monroe County Circuit and County Court Facilities and Court Related Satellite Offices. ITEM BACKGROUND: MBIIK2M Architecture originally proposed to provide ADA assessment services for 65 buildings, 65 sites (parking, pathways, and wayfmdings), 100 intersections, and 132,424 linear feet of sidewalk, 13 parks and beaches, and 26 temporary locations, for a cost of $389,388.20. After review, staff recommends to provide ADA assessment services for Court facilities and sites only, for a cost of $39,046.20. PREVIOUS RELEVANT BOCC ACTION: On February 21, 2007, the BOCC approved to negotiate a contract with MBIIK2M Architecture, Inc. for the ADA Compliance Assessments for County Facilities and Roads. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $39,046.20 BUDGETED: Yes -2L No - COST TO COUNTY: $39,046.20 SOURCE OF FUNDS: Fund 304 REVENUE PRODUCING: Yes - No -X. AMOUNT PER MONTH_ Year - APPROVED BY: County Atty~ OMBlPurchasing_ Risk ManagemenlYl~ DOCUMENTATION: Included - Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administrat r Facilities Development DAn: September 12, 2007 RE: Agenda Item - Contract with MBIIK2M Architecture Inc. --- AGENDA ITEM WORDING: Approval of a contract with MBI/K2M Architecture Inc. for the Americans with Disabilities Act (ADA) Compliance Assessments for Monroe County Circuit and County Court Facilities and Court Related Satellite Offices. ITEM BACKGROUND: MBUK2M originally proposed to provide ADA assessment services for all county facilities and roads which included 65 buildings, 65 sites (parking, pathways, and way findings), 100 intersections, and 132,424 linear feet of sidewalk, 13 parks and beaches, and 26 temporary locations for a total cost of $389, 388. 20. Staff was directed to accept only court facilities and sites for now, and the remaining property would be addressed at a later date, PREVIOUS RELEVANT BOCC ACTION: On Febroary 21, 2007, the ROCC approved to negotiate a contract with MBUK2M Architecture, 1nc, for the ADA Compliance Assessments for County Facilities and Roads. CONTRACT~GREEMENTCHANGES:N~ STAFF RECOMMENDATIONS: Approval as stated above. Thank you, If you have any questions please call me at ext. 4439, AR . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MBI/K2M Contract #_ Effective Date: September 19, 2007 Expiration Date: Contract PurposelDescription: ADA Compliance assessments for the Monroe County Circuit and County Court Facilities and Court Related Satellite Offices, Contract Manager: Maria Graziano 4468 Facilities Develop/Stop #1 (Name) (Ext,) (Department/Stop #) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $ $39,046.20 Current Year Portion: $ 0,00 Budgeted? Yes[gJ No D Account Codes: 304-22006-530340-_-_ Grant: $ N/A _-_-_-_-_ County Match: $ N/A _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out Date In Needed Division Director '1:.1!.:J1 Y esD No~ Risk Man~ent ~ q / fd, () 1 YesD NoEi . f!1.L. ~,~~\ ~- O.M.B./Pu asing 9 -,2 .07 YesD N00 ' County Attorney '1 M? YesO N.,g---1- ... ;:; Comments: OMB Form Revised 2/27/01 MCP #2 AGREEMENT FOR CONSUL TING SERVICES for American with Disabilities Act (ADA) Compliance Assessments for Monroe County Circuit and County Court Facilities and Court Related Satellite Offices This Agreement ("Agreement") made and entered into this 19th day of September, 2007 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND MBI/K2M ARCHITECTURE, INC., a Corporation of the State of Florida, whose address is 1001 Whitehead Street, Key West, FL 33040 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSUL T ANT for Americans with Disabilities Act (ADA) Compliance Assessments for Monroe County Circuit and County Court Facilities and Court Related Satellite Offices; and WHEREAS, CONSUL T ANT has agreed to provide professional services which shall include, but not be limited to, the performance of ADA Compliance Assessment of Monroe County Circuit and County Court Facilities and Court Related Satellite Offices, which shall be called the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSUL T ANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT is professionally qualified to act as the CONSUL T ANT for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the CONSULTANT and the Project; 1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.3 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. The CONSUL T ANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect information; 1.1.4a The parties acknowledge the requirements of the ADA are subject to various and possibly contradictory interpretations. Consultant will use its professional efforts and judgment to interpret applicable ADA requirements and to advise the Client as to whether or not, in Consultants professional opinion the Client's facility complies with the ADA. Such opinions will be based on what is known about ADA interpretations at the time this service is rendered and the limited scope of services tendered. Consultant, however, cannot and does not warrant or guarantee that the Client's facility will fully comply with interpretations of ADA requirements by regulatory bodies or court decisions, subsequent to the time the services are rendered. 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The CONSULTANT shall submit, for the COUNTY'S and its representative's information, a schedule for the performance of the CONSUL T ANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY'S review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONSUL T ANT except for delay caused by events not within the control of the CONSUL T ANT or foreseeable by him. 1.1.7 CONSUL T ANT is an independent contractor under this Agreement. Services provided by CONSUL T ANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 and 2.3, and other services identified as part of Basic Services, and include normal consulting services to assess Monroe County Circuit and County Court Facilities and Court Related Satellite Offices for ADA Compliance and complete the Project. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must contain a description of the services to be performed, and the time within which services must be performed. 2.2 BASIC SERVICES INCLUDED A. Data Collection and Review of all existing data available relative to existing conditions of Monroe County Circuit and County Court Facilities and Court Related Satellite Offices. CONSUL T ANT to set up model for approved methodology by Facilities Development. B. Field Investigation and assessments will include: existing conditions analysis, documentation, photographs, measure, testing, and identification of deficiencies of: Monroe County Circuit and County Court Facilities and Court Related Satellite Offices as listed in Appendix A: a. Courthouse Annex (Jefferson B. Browne Facility) - Key West FL b. Old Courthouse (Clerk of the Courts-1st Floor) - Key West FL c. Court Related Leased Offices - Key West FL d. Marathon Sub Courthouse - Marathon FL e. Court Related Leased Offices - Marathon FL f. Plantation Key Courthouse - Plantation Key FL g. Temporary Courtroom B - Plantation Key FL h. Roth Building-Court Related Offices - Plantation Key FL i. Court Related Leased Offices - Plantation Key FL 2. Building Sites of the County Court Facilities as listed in Appendix A for compliance of parking, pathways and wayfinding C. Preparation of Report of Findings containing: a general description of Monroe County Court Facilities; the observations detailing accessibility issues and related Florida Accessibility Codes; and CONSUL T ANT'S recommendations and remediation plan with suggested timelines for resolving variances and achieving ADA compliance for each building location. During the course of the Project, the CONSUL T ANT shall be required to deliver to COUNTY draft reports. Once COUNTY has approved all of the draft reports, the CONSULTANT shall organize them into a final report to be delivered to the COUNTY for final review and acceptance. Presentations to the BOCC may be required by Facilities Development. All documentation of results shall be presented in a written and electronic report format suitable for use in future work. Cost of preparation, mailing, photocopying of one signed and sealed printed copy and one electronic copy of the Report of Findings is included in the contract amount. 2.3 OTHER - Not used 2.4 SCHEDULE Project assessments and report are to be completed within one hundred and twenty (120) calendar days from Notice to Proceed. Note: Activities listed in 2.2 may occur concurrently. 2.5 COMPLETION DATE The Project must be completed, as per schedule, no later than one hundred and twenty (120) calendar days from date of Notice to Proceed. Time is of the essence in this regard. 2.6 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.7 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: Jerry Barnett, Director Facilities Development Historic Gato Building 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Notice to the CONSULTANT shall be delivered to: Scott Maloney, A.A., NCARB Director, Mbi / k2m Architecture, Inc. 1001 Whitehead Street Key West, Florida 33040 ARTICLE III ADDITIONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Board of County Commissioners as an addition to the compensation paid for the Basic Services but only if approved by the Board of County Commissioners before commencement, and are as follows: A. Providing services of CONSUL T ANT for other than the previously listed scope of the Project provided as a part of Basic Services and pursuant to written approval by Facilities Development. B. Providing representation before public bodies other than the Board of County Commissioners in connection with the Project, upon prior approval by Board of County Commissioners 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3.2a For services related to 3.1 A and 3.1 B the CONSUL T ANT shall respond with a fee proposal to perform the requested services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 COUNTY shall provide full information regarding requirements for the Project including objectives, schedule, constraints and criteria. 4.2 COUNTY shall designate a representative to act on the COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by COUNTY through its representative to CONSUL T ANT if COUNTY becomes aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.7. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSUL T ANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 Information requested by CONSUL T ANT that may be of assistance to the CONSUL T ANT and to which the COUNTY has immediate access will be provided as requested. 4.7 The County shall establish and update an overall budget for the Project based on consultation with the Director of Facilities Development and the Consultant, which shall include remediation costs, other county costs, and reasonable contingencies related to all of these costs. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, and hold harmless the COUNTY, its commissioners, officers, employees, agents and servants from claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and other losses, damages, and expenses including reasonable attorney's fees, court costs and expenses to the extent arising out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of Consultant's failure to purchase or maintain the required insurance, CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Scott Maloney Principal Architect I Dana Zimmer Project Manager, Architect 1/ Craig Penninqton Project Manager Kris Gould Draftsman 1/ Dee McKenzie Administration Karrie Williams Administration So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced CONSULTANT shall notify COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 CONTRACT SUM The COUNTY shall pay the CONSUL T ANT for performance of this Agreement the sum of $39,046.20 (thirty nine thousand, forty six dollars and twenty cents). It is the intention of the parties that this sum shall be paid over a period of one fiscal year as approved by the Board of County Commissioners. This sum shall be adjusted for additions or reductions as follows: 1. Buildings - Owned and Leased Cost of $0.30 per square foot with a minimum of $250.00 per building. Any addition or reduction of square footage will be at the above stated cost of $0.30 per square foot. 2. Building Sites-Parking, Pathway, Wayfinding Cost of $500 per building site. Any addition or reduction of site will be at the above stated cost of $500 per building site. 7.2 PAYMENTS 7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSUL T ANT shall be paid pursuant to the Florida Prompt Payment Act. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 RBMBURSABLEEXPENSES Consultant shall be reimbursed for travel expenses, per diem expenses, and subsistence allowance inside the borders of Monroe County. 7.3.1 Consultant shall be reimbursed for travel expenses, per diem expenses, and subsistence allowance within the borders of Monroe County. Reimbursable expenses include expenses incurred by the CONSUL T ANT in the interest of the project outside of the basic scope of work. a. Reimbursable expenses shall be paid when submitted by CONSULTANT, in writing, in connection with county travel authorized by the COUNTY in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. b. Fees paid for securing approval of authorities having jurisdiction over the project. c. Postage of drawings and specifications except for those charges for postage between the Consultant's branch offices and between the Consultant and his consultants. d. Renderings and models requested by the County 7.4 BUDGET 7.4.1 The CONSUL T ANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 7.4.2 The COUNTY'S pertormance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSUL T ANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSUL T ANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSUL T ANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a ''tail'' to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSUL T ANT if so required by the COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSUL T ANT for this Project shall become the property of the COUNTY upon payment in whole and in part of sums due consultant and may be reproduced and copied without acknowledgement or permission of the CONSUL T ANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION Either party hereto may terminate this Agreement upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. The COUNTY may terminate this Agreement without cause upon giving seven (7) days written notice to the CONSULTANT. If the COUNTY utilizes this provision, the termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be paid and shall include all expenses until date of termination and any additional services required in order to stop performance of services, subject to audit for verification. 9.6 CONTRACT DOCUMENTS This contract consists of the Agreement (Articles I-IX), the CONSULTANT'S response to the Reauest for Qualifications for Professional Services for American with Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads, the documents referred to in the Agreement as a part of this Agreement, and attachments Appendix "A" Inventory List. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSUL T ANT 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 its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or County Clerk determines that monies paid to CONSUL T ANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSUL T ANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSUL T ANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSUL T ANT 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, as an award against the non-prevailing party, and shall include attorney's fees and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSUL T ANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSUL T ANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSUL T ANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSUL T ANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq,), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSUL T ANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSUL T ANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility . Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any seNice or program contemplated hereunder, and the CONSUL T ANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMISSIONERS OF Attest: DANNY L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Witness: By: Title: Date: END OF AGREEMENT (21-i./rV ACORD CERTIFICATE OF LIABILITY INSURANCE OP 10 yJ DATE (MMlDDIYYYY) ~---~ K2MDES1'1 08/21/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Talbot Insurance Partners HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9930 Johnnycake Ridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mentor OH 44060 i I Phone: 440-942-2152 Fax: 440-942-2204 : INSURERS AFFORDING COVERAGE tiAIC # ---------------_.- --- ---.., - -- INSURED c !NSUR~--"_~ ta te _Au to Mutual Ins. Co. ,25135 ____ INSURER B mbi / k2m Architecture, Inc. ~UR~-Z----~---- -----------------:-- -- u -- ~g~6ts~pe~;~n~~e ~3<52 cINSU;E~----u~-------------~-- d___ Cleveland OH 44114 ~-~-----_--u--~-_---------+_---- . _. I INSURER E i COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . L ~~~- TYPE-OF IN~uRA~c~---I---- ~l~Y ~~~E;-- i ~~';!~TJ~6g~E i Pgk~Y(~':D~N I-==-~----;:-I;~S----_.- : ; GENERAL LIABILITY: I: EACH OCCURRENCE ' $ 1000000 I ~_-+~~MMERCIAlGENE~~lllABllITY I BOP2202233 I ~~._.M~E~YE~~~~';~nce) i$ 30Q.9.-Q.~ --,- L-.-L.....J CLAIMS MADE OCCUR I !.!'1~D ~.><" (Any one pers~+5000_ ____u_ A ~~,__;~~~in~e~_~_Q~~e.E_s__: 08/08/07 I 08/08/08 !-",_..ERSONAl&ADVINJURY .~' $ !Q.OOOO. 0 I_.J m________ __ I I IGE,NERA'0GGREGA TE $ ~_O.2()_()O 0 _ _ . l_GE~'l AGGR~_(3~; LIMIT APPLIES PER I I' r P~ODU~-'2.: COMP/OP AG~+~2().QOOOO . I I POLICY ! j:!?r AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A I ANY AUTO ! BOP2202233 08/08/07 08/08/08 (EaaC~denl~____ __ __ $1000000 , ; ALL OWNED AUTOS BODilY INJURY I ! ~ _: SCHEDULED AUTOS i (Per person). __ __ _ -f-~ I' X_j HIRED AUTOS , BODIL YINJURY $ ; X ; NON-OWNED AUTOS i IPer aCCident) -I _ _____ __ . I 'c'f' : ~ROPER~~-DAMAG-~-- $ I , \ (Per aCCident) i I AUTO ONL Y - EA ACCIDENT $ ANY AUTO I . I i~H~~~ THA~ - ~- -E~-~C'C $ I AUTO ONLY AGG $ i ~~ESSlUMBREL~ LIABILITY I /11 , l' (.Y 7 ( )) > ~~A~~()C~IJf'R_E~CIO -- $ I __ J OCCUR 1_ CLAIMS MADE , I~; \ "", . _, -,' 'I" (J-,'. ". IfGGREGA2:.E_ __ ~! ! i '.' \ #',' I I I l. i J I ! ,II i ,; II r" l _ ~' $ m ~,. DEDUCTIBLE I (I ,t i~l"~''''''...<'C'( L __ _1$_ C"T-'-'-',' II" l'l~'1 . "-,,",,,',.)1, .' r C'/ ....1<.', . t I' I I: I WC STATU- i OTH- ; WORKERS COMPENSATION AND i I I t TORY LIMITS' J' ER I EMPLOYERS'L1A3ILITY' I, ,c__ ____u_ -- - . - -'-- -~ roo- .. -... A I ANY PROPRIETOR/PARTNER/EXECUTIVE BOP2202233 I 08/08/07 I 08/08/08 E LEACH nCIIjEIH__ __t-!):_()O(JOOO , OFFICER/MEMBER EXCLUDED? I ,I E L DISEASE - EA EMPLOYEE; $ 1000000 , If ies, describe under' I I - -- - --. - t-- -- ~_Ci,'.L PROVISIONS below E L DISEASE - POLICY LIMIT' $ 1000000 t OTHER I . I DESCRIPTION OF OPERA TIONS I LOCA TlONS / VEHICLES / EXCLUSIONS ADDED E1Y ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is named as Additional Insured. \ [ r\ :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TlON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Monroe Coun ty NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAilURE TO DO SO SHALL Attn: Ann M. Riger .' Th H' t ' G t C' F t IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR e 15 or1c a 0 19ar ac or 1100 Simonton St., Suite 2-216 REPRESENTATIVES, / Key West FL 33040 AUTHORIZED REPRESENTATIVE Yvonne M. Kinne ',...I*\MI"'\.~,.. ,,,,.,,""....,^"', ._... ._...._ III I, ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP 10 S~ DATE (MM/DDlYYYYj --~~ MBIK2-1 04/13/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Selvaggio, Teske & Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3401 Enterprise Pkwy. Ste. 101 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Beachwood OH 44122 Phone: 216-839-2800 Fax:216-839-2815 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Hudson Insurance Company 25054 INSURER B mbi-k2m Architecture, Inc. INSURER C _ Monroe c..JVfW{ 2530 Superior Ave. Suite 302 INSURER D Cleveland OH 44114 -"ri/lff,H ;'l';"<11r!l:lrr.""t INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY B:w!mUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ~-s+:I6++-",_ -'- POLICIES, AGGREGATE LlMlrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS?E(,EIV~OW:., _ ., L TR NSR TYPE OF INSURANCE POLICY NUMBER I DATE MM/DD DA TE MM/DDIYY LIMITS i ! GENERAL LIABILITY '/k.;'Qf'J<> !--= , .: ''t' EACH OCCURRENCE $ f"Oi".' G'""" ,.,,,,,, - ~ .rr ~I-, ....,- ... ,r- " t I UAMAut: IV Ht:N't:U , "i (ri J.,,' ~I ., PREMISES (Ea occurence) i: i CLAIMS MADE 0 OCCUR A OJ< " , r I MED EXP (Anyone person) i -\ f J' ~ I, ) t PERSONAL & ADV INJURY $ /1 I GENERAL AGGREGATE ,$ fGE;,'L AGGREGATE LIMIT APPLIES PER ;i.li:;, I '" l _ ___ I PRODUCTS. COMP/OP AGG I $ '- ,;Er;,r.;:p W:__ _ T'I1:. .,_ . ~__ ,....-, , PRO- f POLICY JECT LOC AUTOMOBILE LIABILITY , COMBINED SINGLE LIMIT , '$ ANY AUTO I lEa accldenl) I ALL OWNED AUTOS r' I BODILY INJURY , \ \\ I ) "" ,:_,./ (Per person) ; $ SCHEDULED AUTOS , L- I HIRED AUTOS :..,....-::~ ~~~' ,'.I ,,../ ._ '\ I BODILY INJURY I \ I /J ) $ NON-OWNED AUTOS I (Per aCCident) I .~ PROPERTY DAMAGE $ , ' (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE ;s OCCUR o CLAIMS MADE AGGREGATE 1$ --- +.--:-------, !s DEDUCTIBLE I $ , RETENTION $ $ I WORKERS COMPENSATION AND ~J.LORY lIMITS....LJ ER ./ I EMPLOYERS' LIABILITY I ANY PROPRIETOR/PARTNER/EXECUTIVE I I i ' E L EACH ACCIDENT .. $ r---___________~_~~,_~_____ I OFFICERIMEMBER EXCLUDED? I I I IE ..L' D~SEASE :.- EA EMPLOYEE: $ ~~EMts~~'Ov~s?ONs below E l DISEASE - POLICY LIMIT ; $ OTHER I I Professional Liab. AEE7204500 04/13/07 04/13/08 , Claims-Made ! CRIPTION OF OPERATIONS /lOCATlONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS rtificate Holder: Monroe County / Facilities Development Dept. o Day Cancellation applies, except for 10-Day Notice for non-payment of emium :TlF/CA TE HOLDER CANCELLATION MONR-05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DA YS WRITTEN Facilities Development Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAilURE TO DO SO SHALL Ann M. Rigger-Contractor Admin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1100 Simonton St., Room 2-216 Key West FL 33040 REPRESENTA TlVES, AUTHOR EPR ENTATIVE m 25 (2001/08) RFQ for Consultant Services. ADA Compliance Assessments for County Facilities and Roads NON-COLLUSION AFFIDAVIT I, Scott C. Maloney. mbi I k2m Architecture of the city of Key West. Florida according to law on my oath, and under penalty of perjury, depose and say that: 1, J am Scott C, Maloney of the firm of mbi I k2m Architecture the bidder making the Proposal for the project described in the Request for Qualifications for: REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES BY ARCHITECTURAUENGINEERING/SPECIAL TY FIRMS OR INDIVIDUALS TO PERFORM Americans with Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads and that I executed the said proposal with full authority to do so: 2, the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter $ relating to such prices with any other bidder or with any competitor; ~ 3. unless otherwise required by law, the prices which have been quoted in this bid have ~ not been knowingly disclosed by the bidder and will not knowingly be disclosed by the i I bidder prior to bid opening, directly or indirectly, to any other bidder or to any , competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, I partnership or corporation to submit, or not to submit, a bid for the purpose of restricting com petition; ~- 5, the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. M /:J~/D6 ,. / (Date) STATE OF: OHIO COUNTY OF: CUYAHOGA PERSONALL Y APPEARED BEFORE ME, the undersigned authority, Sc~ti C . n-nQbej who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ~ day of :t D I:, , Oe C " i O-tYL-l';::>-f rn rn )-{t'^'~J..f NOTARY PUBLIC DENISE M. McKENZIE ~l ~ NOTARY PUBLIC. STATE OF OHIO My Commission EXPires:~...\JY"> \$ ~OO ') Recorded in Cuyahoga County My Commission Explr\~s ,Jdrt. 15. 2007 } - 32- i RFQ for Consultant Services. ADA Compliance Assessments for County Facilities and Roads LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE II mbi I k2m Architecture II (Company) "... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without lic:bility and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee", a;/;t~ (Signature) Date: /O/:3//o~ STATE OF: OHIO COUNTY OF: CUYAHOGA Subscribed and sworn to (or affirmed) before me on () CtoJ~ ~ I J .) O(J ~ ! (date) by s./c~ C,. ~~~ I (name of affiant), He/She is personally known to me or has produced (),..Jh.\..1:I fl 'L ~ d).A A ':;::iL~ ~'-Op as , j rL4Z- ;). ~ C( ~S ~.s I identification, (type of identification) DENISE M. McKENZie .L I . NOTARY PUbLIC, STATE OF Ob. P.st",1::-,> 0 M.)"'y) , ~'~ Recordod in C,Jyahogll County NOTARY PUBLIC My CommiSSion Explri1S Jan. 15, 2 My commission eXPires:~ .Y') IS J ;)..0 0 ~ - 31 - RFQ for Consultant Services. ADA Comoliance Assessments for County Facilities and Roads DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: mbi I k2m Architecture (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2, Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any 'Jiolation of Chapter 893 (Florida Statutes) or of any controll€d substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5, Impose a sancton on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted, 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~h-~.y Respondent's Signature j~/>/ ~G Date C ' NOTC:~;}s~~ yY) . h) J.(...~--p My Commission Expires: ~/'0 ) -S\ 1- ('J () ~ DENISE M. McKENZIE NOTARY PUBLIC, STATE OF OHIO 'c hoga County Recordod In uya 2007 My Commission Expires ,Jan. 15, - 33 - APPENDIX A - ~~ R2 8g ~8 ~8 8~ ~ ~ ~ ~~ <OM &~ ~g g~ g~ ~ I ~ ;; U'laJ "to U'lN MU'l 0 cON ~ ~ ~ <0 ~ cD 01 () M <h .,. <h <h <h <h <h ~ <h <h <h .... .... .. .... ti c: 1i OJ II: o 0 o 0 o 0 '" o 0 o 0 o Q) ZZ ZZ ZZ zz Z>- ZZ ;; ~ ~ 0 =: ~ <( '" '" '" '" '" '" '" '" '" '" '" '" Q) OJ Q) Q) Q) .. Q) .. Q) .. 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(l.(l. ...J 6 0 0 ...J -' ...J -' 0 -' 0 0 0-, )( -.: Oi ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ BOARD 9; COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_9 - /q -r()'7_ Division: CSD Bulk Item: Yes l No - Department: Transportation Staff Contact Person/Phone #: Jerry Eskew X4425 AGENDA ITEM WORDING: Approval of a contract between Monroe County and the Community Transportation Coordinator/ Guidance Clinic of the Middle Keys for the 12 months contract July 1,2007 through June 30, 2008. ITEM BACKGROUND: The contract is funded by the State of Florida Commission for the Transportation Disadvantaged allowing Monroe County Transit to be paid for providing contracted transit service to Monroe County's transportation disadvantaged. PREVIOUS RELEVANT BOCC ACTION: Approval by BOCC ofthe previous 2007 contract. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $0 BUDGETED: Yes ..lL No - COST TO COUNTY: $0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes -2L ~o ~OUNT PER MONTH Unknown Year Unknown APPROVED BY: County Atty ~ 0 B/Purchasing _ Risk Management-tiL~ DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: CTC Contract # - Effective Date: 07/01/2007 Expiration Date: 06/30/2008 Contract Purpose/Description: The agreement is funded by the State of Florida Commission for the Transportation Disadvantaged oaving for the services when contracted and orovided bv Monroe Countv Transit to Monroe County's transportation disadvantaged population segment. Contract Manager: Jerry Eskew 4425 Transit Stop #1 (Name) (Ext.) (Department/Stop #) 9/'CJ/o7 CJj'-l-/C7 for BOCC meeting on Agenda Deadline:. CONTRACT COSTS Total Dollar Value of Contract: $ 0 Current Year Portion: $ 0 Budgeted? Yes[gJ NoD Account Codes: - - - - ----- Grant: $ 0 - - - - ----- County Match: $ 0 - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $Q/yr For: N/A (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out sn Needed 0;/5) 7 Division Director ~ (":, 07 YesD No~ Risk Mana~ement ~l YesD No~ ~\v) t.0 ('; j\~ 4k 'I ~ O.M.B.lPurc'l;asing ~ 10::' YesD NoG ~__ . County Attomey )/'J.3!o? YesDNo~ U~ u) ~ Comments: OMS Fonn Revised 2/27/01 Mep #2 , Effective: 07/01/07 to 06/30/08 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINATOR. THE GUIDANCE CLINIC OF THE MIDDLE KEYS, designated pursuant to Chapter 427, F,S" to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective July 1 , 2007, and will continue through June 30, 2008. WHEREAS, the Coordinator is required, under Rule 41-2,011, F.A.C" when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the Coordinator. WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F,S" Rule 41-2, F.A.C" and the most current Community Transportation Coordinator policies, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: THE AGENCY/OPERA TOR SHALL: A. Provide services and vehicles according to the conditions specified in Attachment I. 8, Coordinate available resources and make available transportation services to the Coordinator, Such services shall be provided in accordance with Attachment I. This contract currently 07/08 - 1 - . excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will be negotiated. C, Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding coordination activities in the designated service area, The reported data will include information regarding all transportation provided by the Agency/Operator (including but not limited to CTC, Medicaid...) The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms, D. Comply with audit and record keeping requirements by: 1, Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accountinq Consortium Model Uniform Accountinq System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports as the Coordinator may require during the period of this contract. 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five- (5) years, the records shall be retained until resolution of the audit findings, The Agency/Operator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Coordinator or Commission or this Agreement. The Commission and the Coordinator shall have full access to and the right to examine any of the records and documents during the retention period. F, Comply with Safety Requirements by: 1. Complying with Section 341,061, F.S" and Rule 14-90, F,A.C" concerning System Safety or complying with Chapter 234.051, F,S" regarding school bus safety requirements for those services provided through a school board; 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. 07/08 .2- . . G, Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100,000 for anyone person and $200,000 per occurrence at all times during the existence of this Contract. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the Coordinator written verification of the existence of such insurance coverage prior to the execution of this Contract or proof of a self-insurance program operated by the Agency/Operator. School board vehicle insurance coverage shall be in accordance with Section 234,03, F,S, and 234,211, F,S, H, Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law, I. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended, The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a, Title VI of the Civil Rights Act of 1964, as amended, 42 U.S,C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b, Section 504 of the Rehabilitation Act of 1973, as amended, 29 U,S.C, 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance, c, Title IX of the Education Amendments of 1972, as amended, 20 U,S,C. 1681 et seq" which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U,S,C, 6101 et seq" which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance, e, The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes, g. The Americans with Disabilities Act of 1990, as it may be amended from time to time, 07/08 - 3 - . 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Agency/Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided, Assuring that operators, subcontractors, subgrantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards, In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. J. The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims, cost (including legal fees), and expenses associated with the services provided under this contract arising out of the negligent acts of the Agency/Operator. K Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged [ Attachment II ]; 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3, Any entities that purchase service, Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator, L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract and that correction is required. Any corrective action notice will specify a reasonable time for corrective action to be completed. The Agency/Operator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate the implementation of the Corrective Action, M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract. N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the Coordinator, The Agency/Operator shall return any overpayment within thirty (30) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator by the Coordinator or entity purchasing transportation, whichever is earlier. In the event that the Coordinator first discovers an overpayment has been made, the Coordinator will notify the Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days 07/08 - 4 - after the date of notification or discovery, or the Coordinator will deduct said amount from future invoices. 0, In performing this Contract, the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin, Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Agency/Operator shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials, The Agency/Operator shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency, THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S" and Rule 41-2, F,A.C. B, Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system, C, At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S" and Rule 41-2, F,A.C, The information contained in the Annual Operating Report must be collected, at a minimum, quarterly from the Agency/Operator, THE OPERA TOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the Coordinator in writing in order that appropriate changes and modification may be made by the Coordinator and the Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with the provision of transportation services. B, If any part or provision of this Contract is held invalid; the remainder of this Contract shall be binding on the parties hereto, C, Termination Conditions: 07/08 - 5 - 1, Termination at Will - This Contract may be terminated by either party upon no less than thirty (30) days notice, without cause, Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2, Termination due to Lack of Designation - In the event that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to the Agency/Operator, Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery, Notice shall be effective upon receipt. 3, Termination due to Disapproval of Memorandum of Agreement - In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator, Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4, Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator, Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery, Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds, 5, Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery, Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordinator's right to remedies at law or to damages. 6, Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. 7, The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of said payment by the CTD, Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto, E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator, F. This Contract is the entire agreement between the parties. 07/08 - 6 - G. Attachments I and II are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature, H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Maureen Grynewicz Guidance Clinic of the Middle Keys 3000 41 st Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Contract. This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto, WITNESS WHEREOF, the parties hereto have caused these presents to be executed, AGENCY/OPERA TOR: COMMUNITY TRANSPORTATION COORDINATOR Monroe County Board of County Commissioners Guidance Clinic of the Middle Keys [ Agency/Operator Name] [ Coordinator Name] Maureen Grynewicz Typed/Printed Name of Authorized Typed/Printed Name of Authorized Individual Individual Administrative Services & ~ /5/0 1- Transportation Director Title Date Title Date Signature 1Ji 0 ).1AQPYJ (}.{to;' ~~ Si ature MONROE COUNTY ATTORNEY P~OVED AS TO ~: NATILEENE W, CASSEL ASSISTANT ~u~ ATTORNEY Date f 4 ? 07/08 - 7 - ATTACHMENT I AGENCY/OPERA TOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available to provide transportation (schedule) Monday thru Friday, 8:00 am to 5:00 pm 3. Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles Agency/Operator will use to transport all passengers(f1eet list- if list does not fit in this section, please attach a separate sheet - please also include number of seats and w/c capacity) 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAG 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAG 41-90 and requirements illustrated throughout contract) 8. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTC) 9. Agency/Operator fare structure $3.00 per one way trip, plus $1.17 per mile per one way trip. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: 1 st Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority - School/Day Care 3rd Priority - Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank...) 10. Billing/lnvoicing and Reimbursement procedure for Agency/Operator Monthly invoices, due by the 15th of the month . ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge, Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle, The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; 07/08 - 9 - , (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time, For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (I) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis, Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door, In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle, Assisted access must be in a dignified manner, Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle, Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible, All vehicles that are not equipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; (p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan, 07/08 - 10- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9-19-2007 Division: CSD Bulk Item: Yes l No - Department: Transportation Staff Contact Person/Phone #: Jerry Eskew X4425 AGENDA ITEM WORDING: Approval of an agreement between the Monroe County Community Transportation Coordinator/Guidance Clinic of the Middle Keys and Monroe County Board of County Commissioners for contract period of 7/1/2007 through 12/31/2007 to provide fee-for-service for Medicaid Non-Emergency Transportation as a Subcontracted Transportation Provider. Note the contract is for 6 months to run concurrently with the current contract between the Commission for the Transportation Disadvantaged and Monroe County's CTC. ITEM BACKGROUND: The agreement is funded by Medicaid money allocated by the State of Florida Commission for the Transportation Disadvantaged to the County's CTC to pay Monroe County Transit for providing Medicaid trips. PREVIOUS RELEVANT BOCC ACTION: Approval of previous 12 mo. 7/1/2006 - 6/30/2007 contract. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $0 BUDGETED: Yes NIA No - COST TO COUNTY: $0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes..1L No - AMT PE o $5K - 6K Year (6 mo) $35.000 Max ~~ APPROVED BY: County Arty 1f..WC-oMBIPurchasing Risk ManagemerlirlJ- DOCUMENTATION: Included -K- Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: CTC Contract # Effective Date: 7/1/2007 Expiration Date: 12/31/2007 Contract Purpose/Description: The agreement with the State of Florida Commission for the Transportation Disadvantaged/CTC will allow Monroe County Transit payment for transit services rendered to Monroe County's Medicaid population for their medical trips. Contract Manager: Jerry Eskew 4425 Transportation Stop 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 9/19/2007 Agenda Deadline: 9/4/2007 CONTRACT COSTS Total Dollar Value of Contract: $ 0 Current Year Portion: $ 0 Budgeted? YesC8J NoD Account Codes: N/A - - - - ---- Grant: $ 0 - - - - ----- County Match: $ 0 - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $Q/yr For: (Not included in dollar value above) (eg, maintenance, utilities, ianitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out aJ Needed ' Division Director <6, ') YesDNoW / Risk Management ~l YesD Nd O.M.B./Purchasing - County Attorney YesDNoV Comments: OMB Form Revised 2/27/01 MCP #2 ~ -# . STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEDICAID NON-EMERGENCY TRANSPORTATION (NET) PROGRAM SUBCONTRACTED TRANSPORT A TION PROVIDER AGREEMENT BY THIS AGREEMENT, made and entered into this 1st day of July, 2007, by and between the Monroe County Community Transportation Coordinator, Guidance Clinic of the Middle Keys, hereinafter called "CTC" and Monroe County Board of County Commission hereinafter called "Provider", 1, SERVICES AND PERFORMANCE A. In connection with the delivery of Medicaid Non-Emergency Transportation Services, the CTC does hereby retain the Subcontracted Transportation Provider to furnish certain services, information, and items as described in Exhibits A and B and Attachments, attached hereto and made a part hereof. B, All plans, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall become the property of the CTC hereinafter upon completion or termination without restriction or limitation on their use and shall be made available, upon request, to the CTC at any time during the performance and upon completion or termination of this Agreement. Upon delivery to the CTC of said document(s), the CTC shall become the custodian thereof in accordance with Chapter 119, Florida Statutes, The Subcontracted Transportation Provider shall not copyright any material and products or patent any invention developed under this Agreement. The CTC shall have the right to visit the site for inspection of the work and the products of the Provider at any time, C, The Provider agrees to provide reports in a format acceptable to the CTC and at intervals established by the CTC. The CTC shall be entitled at all times to be advised, at its request, as to the status of work being done by the Subcontracted Transportation Provider and of the details thereof. Coordination shall be maintained by the Provider with representatives of the CTC, or of other agencies interested in the project on behalf of the CTC, Either party to the Agreement may request and be granted a conference. D, In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator as agreed upon by both parties, The fee of the mediator shall be shared equally by the parties, To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed case. E. In the event the provider is not the community transportation coordinator, in accordance with Chapter 427, Florida Statutes, in the designated service area covered by this agreement, the provider must sign a coordination contract with the CTC in the designated service area. 2. TERM A. INITIAL TERM. This Agreement shall begin on July 1 , 2007, and shall remain in full force and effect through completion of all services required on December 31 , 2007, B. RENEW ALS: This Agreement may be renewed for a period that may not exceed one (1) year or the term of the original Agreement, whichever period is longer, Renewals shall be contingent upon satisfactory performance evaluations by the CTC and subject to the availability of funds, Any renewal or extension shall be in writing and executed by both CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 1 OF 40 't .. . parties, and shall be subject to the same terms and conditions set forth in this Agreement. C, EXTENSIONS, In the event that circumstances arise which make performance by the Subcontracted Transportation Provider impracticable or impossible within the time allowed or which prevent a new Agreement from being executed, the CTC, in its discretion, may grant an extension of this Agreement. Extension of this Agreement shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the CTC may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein, There shall be only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events beyond the control of the Subcontracted Transportation Provider, 3. COMPENSATION AND PAYMENT A. Payment shall not be made until funds from Agency for Health Care Administration have been received and deposited by the CTC. Payment shall be made only after receipt and approval of goods and services. B, This Agreement involves units of deliverables and they must be received and accepted in writing by the CTC's Contract Manager prior to payments, C, The CTC has five (5) working days to inspect and approve the deliverables, unless otherwise specified herein, The CTC has 20 days to deliver a request for payment (voucher) to the Commission, The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, D, Invoices which have to be returned to a Provider because of Provider preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until payment for Agency for Health Care Administration has been received by the CTC and until a properly completed invoice is provided to the CTC, E. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the CTC at all times during the period of this Agreement and for five (5) years after final payment for the work pursuant to this Agreement is made, Copies of these documents and records shall be furnished to the CTC upon request. Records of costs incurred shall include the Provider's general accounting records and the project records, together with supporting documents and records, of the Provider and all subcontractors performing work, as provided in Exhibit A, Scope of Work and all other records of the Provider and subcontractors considered necessary by the CTC for a proper audit of project costs, F, The CTC, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, 4, INDEMNITY, PAYMENT FOR CLAIMS AND INSURANCE A. INDEMNITY: The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 2 OF 40 .. . , self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768,28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768,28 and Chapter 440, arising out of the activities governed by this agreement, as well as any, To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions. B, LIABILITY INSURANCE: The Provider shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance in accordance with Rule Chapter 41-2.006, Florida Administrative Code, If the Provider is a political subdivision of the State of Florida and is self-insured in accordance with the terms and provisions of Section 768,28, Florida Statutes regarding waiver of sovereign immunity in tort actions, the Provider shall provide to the CTC a Certificate of Self- Insurance upon execution of this Agreement. C, WORKERS' COMPENSATION, The Provider shall carry and keep in force Workers' Compensation Insurance as required for the State of Florida under the Worker's Compensation Law during the term of this Agreement. D, CERTIFICATION, With respect to any insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida, The Provider shall provide to the CTC certificates showing the required coverage to be in effect and showing the CTC as additional certificate holder, Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the CTC, 5, COMPLIANCE WITH LAWS A. The Provider shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Provider in conjunction with this Agreement. Failure by the Provider to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the CTC, B, The Provider shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Vendor list. D. An entity or affiliate who has been placed on the discriminatory Vendor list may not submit a bid on a contract to provide any goods or seNices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 3 OF 40 . . may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. E, The CTC shall consider the employment by any Provider of unauthorized aliens a violation of section 27 4A( e) of the Immigration and Nationality Act. If the Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 6. TERMINATION AND DEFAULT A. Either party may cancel this agreement with thirty (30) calendar days written notice, without cause. The CTC reserves the right to terminate or cancel this Agreement with thirty (30) calendar days written notice in the event an assignment is made for the benefit of creditors, 8, If the CTC determines that the performance of the Provider is not satisfactory, the CTC shall have the option of (a) terminating the Agreement with at least thirty (30) calendar days written notice, or (b) notifying the Provider of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, as long as the time period is at least thirty (30) calendar days, C, If the CTC requires termination of the Agreement for reasons other than unsatisfactory performance of the Provider, the CTC shall notify the Provider of such termination with at least thirty (30) calendar days written notice, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D, If the Agreement is terminated before performance is completed, the Provider shall be paid only for that work satisfactorily performed for which costs can be substantiated, Such payment, however, may not exceed an amount which is the same percentage of the Agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of the CTC shall be turned over promptly by the Provider, 7. ASSIGNMENT AND TRANSFER A. The Provider shall maintain an adequate and competent staff so as to enable the Provider to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the CTC, other than those costs within the limits and terms of this Agreement. The Provider is fully responsible for satisfactory completion of all subcontracted work, The Provider, however, shall not assign or transfer any work under this Agreement without the prior written consent of the CTC. 8, AGREEMENT AMOUNT AND PAYMENT A. For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Provider shall be paid up to a maximum amount of $35,000, The Provider shall submit monthly trip data in a format acceptable to the CTC, The Provider will be paid, after the CTC has received payment from the Commission in the amount of $3,00 per mile with a 5 mile minimum, $2,00 per mile for preauthorized out-of-County trips and $3.00 flat rate per client per mulitload for Medicaid eligible trips, CTD MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 4 OF 40 . . B. The Provider must submit the final invoice for payment to the CTC no more than ninety (90) days after the Agreement ends or is terminated. If the Provider fails to do so, all right to payment is forfeited and the CTC will not honor any requests submitted after the aforesaid time period, Any payment due under the terms of this Agreement may be withheld until all reports due from the Provider and necessary adjustments thereto have been approved by the CTC, C, The CTC's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and nothing herein shall be construed to violate the provisions of Section 339,135(6)(a), Florida Statutes, which provides the CTC, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made in violation is null and void and no money may be paid on such contract. 9. MISCELLANEOUS A. The Provider and its employees, agents, representatives, or subcontractors are not employees of the CTC or the State of Florida as a result of this Agreement. The CTC and the State shall not be bound by any unauthorized acts or conduct of the Provider or its employees, agents, representatives, or subcontractors, The Provider agrees to include this provision in all its subcontracts under this Agreement. B, All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular, All words used in any gender shall extend to and include all genders, C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto, D, It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Provider hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337,19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law relative to venue, including, but not limited to those grounded on convenience, G. Time is of the essence as to each and every obligation under this Agreement. H. The following Exhibits and Attachments are incorporated and made a part of this Agreement: Exhibit A Scope of Services Exhibit B Method of Compensation CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 5 OF 40 . . Attachment 1 Certification Regarding Health Insurance Portability and Accountability Act of 1996 (HIPPA) Compliance Attachment 2 Drug-Free Workplace Certification Attachment 3 Financial and Compliance Audit Attachment 4 Glossary IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above, Monroe County Board of County Commissioners Guidance Clinic of the Middle Keys Subcontracted Transportation Provider Community Transporta ion (Medicaid) Coordinator (CTC) , Signature Maureen Grynewicz Printed Name Printed Name Administrative Services & Transportation Director 07/03/07 Title Date Title Date MONROE COUNTY ATTORNEY PROVED AS TO FQ M N TILFE\JF IN C 1\;:;;',",'1. Dat:SS,?~/i);/TV~j TO:" ,JE.Y CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 6 OF 40 . . EXHIBIT A SCOPE OF SERVICES A. SERVICES TO BE PROVIDED 1. GENERAL The Provider shall comply with all the provisions of this Agreement and its amendments, if any, and shall act in good faith in the performance of the Agreement provisions. The Provider agrees to comply with all applicable federal and state laws and regulations as specified in the Applicable Laws and Regulations Section. The CTC must ensure that all transportation operators under agreement or contract abide by the provisions of this Agreement, and meet all state and local licensing and insurance requirements, The Agreement may be subject to changes in federal and state law, rules or regulations, The Provider agrees that failure to comply with the provisions of this Agreement may result in sanctions and/or termination of the Agreement in whole or in part, The Provider must offer, maintain, and satisfactorily deliver the following services: a, Eliqibility, Determine beneficiary eligibility; assess beneficiary need for NET services; determine the most appropriate transportation method to meet the beneficiary's need, including any special transport requirements for beneficiaries who are medically fragile or who have physical or mental impairments; and provide education to beneficiaries on the use of NET services, b, Reservations and Trip Assiqnments. Assure that scheduling and dispatching are consistent with the most appropriate mode of transport that meets the needs of the beneficiary, c, Quality Assurance, The Provider must provide assurance to the CTC that their agency meets health and safety standards for vehicle maintenance, operation, and inspection; driver qualifications and training; beneficiary problem/complaint resolution; and the delivery of courteous, safe, and timely transportation services. d, Encounter Data Collection. The Provider must maintain an extensive secure database capable of collecting and holding, for each transport, the data elements outlined in this Agreement. e. Administrative Oversiqht/Reportinq, Responsibility for the management of overall day-to-day operations necessary for the delivery of NET services within the designated areas and the maintenance of appropriate records and systems of accountability to report to the CTC and respond to the terms of the Agreement. 2, MINIMUM STANDARDS At a minimum, the Provider must: a, Validate that all clients are Medicaid eligible and going to a Medicaid eligible service, Transmit to the CTC encounter data for all trips made by Medicaid beneficiaries in accordance with CTC specifications in the Reports Section; CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 7 OF 40 . , b. Adhere to the policy and procedure manual developed by the CTC to prohibit fraudulent activity by the Providers and Medicaid beneficiaries and fulfill the CTC's reporting requirements regarding such activity; c. Adhere to the policy and procedure manual that provides policy clarity and guidance for the CTC, Provider, transportation operators, Medicaid beneficiaries, and the general public specific to the details contained in this Agreement; d, Subject to the provisions of Section 768.28, F,S" indemnify the CTC against any causes of actions or claims of payment relating to this Agreement brought by a Provider, or Medicaid beneficiary; e, Utilize a uniform contracting, billing and accounting system established by the CTC 3, ADMINISTRATION AND MANAGEMENT The Provider shall be responsible for the administration and management of all aspects of this Agreement. Any delegation of activities does not relieve the Provider of this responsibility. This includes all employees, agents and anyone acting for or on behalf of the Provider. 4, DATA MANAGEMENT The Provider must maintain a management information system (extensive database) for storage of transportation utilization, encounter, complainUgrievance, and financial data, The Provider must possess the capability to derive detailed reports from such systems and be capable of retrieving data as requested by the CTC as specified the Reports Section. 5. STAFF REQUIREMENTS The Provider must be prepared to implement all aspects of the work outlined in this Agreement within the stated time frames, Staffing levels must be sufficient to complete all of the responsibilities presented in the Agreement. 6, BENEFICIARY ELIGIBILITY 6.1 Eliqible Beneficiaries The categories of eligible beneficiaries authorized to utilize transportation services as specified by this Agreement include: a, Low Income Families and Children; b. Foster Care Children; c, Sixth Omnibus Budget Reconciliation Act (SOBRA) Children and Pregnant Women; d, Supplemental Security Income (SSI) Related Medicaid Beneficiaries; e, Institutional Care Program (ICP) Residents - Beneficiaries who are eligible for transportation services for placement in a facility while their eligibility determination is being processed (e,g" nursing home residents, etc,); f, Title XXI MediKids - A Title XXI health insurance program that provides certain children, who are not Medicaid eligible, with Medicaid benefits; g, Medically Needy - A Medically Needy beneficiary is an individual who would qualify for Medicaid but has income or resources that exceed normal Medicaid guidelines. On a month-by-month basis, the individual's medical expenses are subtracted from income; if the remainder falls below Medicaid's income limits, the individual may qualify for Medicaid through the end of the month; CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 8 OF 40 . , h, Presumptively Eligible Pregnant Women - This program allows staff at County Health Departments, Regional Perinatal Intensive Care Centers, and other qualified medical facilities to make a presumptive determination of Medicaid eligibility for low-income pregnant women, This presumptive determination allows a woman to access prenatal care while Department of Children and Families eligibility staff make a regular determination of eligibility, Outpatient or office services related to the pregnancy are reimbursed by this program; transportation services are available to support these visits; and 6,2 lneliqible Beneficiaries The following categories describe beneficiaries who are not eligible to receive state plan transportation services: a, HMO beneficiaries - Beneficiaries who are members of a Medicaid HMO that provides transportation; b, Beneficiaries who have their own means of transportation; c. QI1 and Ql2 beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance; d. HMO QMB and QMBR beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance; e, HMO SLMB beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Part B Medicare premium; f. HMO Beneficiaries with legal alien status have access to emergency services only and are not eligible for non-emergency transportation services; g, Vehicle ownership or access; h, Qualified (Medicare) Individuals Level 1 (QI1) and Level 2 (QI2); i. Qualified Medicare Beneficiaries (QMB) and Qualified Medicare Beneficiaries Renal Dialysis (QMBR); j, Special Low Income Medicare Beneficiaries (SLMB); and k, Legal Aliens 6,3 Beneficiarv Enrollment and Education Once the Department of Children and Families or the Social Security Administration has confirmed that an individual is eligible for Medicaid, the individual upon enrollment shall be issued a Medicaid identification number. The date on which the individual becomes eligible for Medicaid is the beginning date of eligibility for transportation services for individuals that meet the specifications outlined in Eligible Beneficiaries Section, The beneficiary may arrange transportation services with the Provider upon enrollment. 6.4 Education Plan All correspondence developed by the Provider, intended for Medicaid beneficiaries only and sent via mass mail out, must be submitted to the CTC prior to mailing. 7. COVERED SERVICES In accordance with federal regulations (42 CFR 431,53), NET services are defined as medically necessary transportation for any recipient and personal care attendant/escort, if required, who cro MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 9 OF 40 . . have no other means of transportation available to any Medicaid compensable service for the purpose of receiving treatment, medical evaluation, or therapy, Non-emergency transportation services must be provided to eligible Medicaid recipients for Medicaid compensable medical appointments by utilization of the modes of transportation specified in the sections below. 7,1 Multiload Vehicles A multiload vehicle is a multiple passenger vehicle, typically used for NET services, It is appropriate only for ambulatory or non-ambulatory persons who can enter and exit a vehicle with minimal to no assistance, Assistance means that additional equipment and time are required, Multiload vehicles may include buses, vans, sedans and taxis, 7.2 Wheelchair Vehicle A wheelchair vehicle is a motorized vehicle equipped specifically with certified wheelchair lifts or other equipment designed to carry persons in wheelchairs and scooters, or with mobility impairments. Wheelchair vehicles may be used for the provision of ambulatory transportation services to maximize capacity. Wheelchair services can only be used in non-emergency situations and are limited to use by: a, Beneficiaries who can sit upright and have no acute medical problems that require them to remain in a lying position; b, Beneficiaries who are continually confined to a wheelchair; c, Beneficiaries with severe mobility handicaps that prevent them from using private, public or taxi transportation; d. Beneficiaries who are semi-ambulatory or homebound, and can accomplish limited ambulatory movement with the assistance of a special ambulatory aid (like a walker or cane); or e. Beneficiaries who use a mobility device, In questionable cases, the need for transport by a wheelchair vehicle may require verification or documentation by a medical professional. 7,3 Escort Services An escort is an individual whose presence is required to assist a beneficiary during transport and at the place of treatment. The escort leaves the vehicle at its destination and remains with the beneficiary. An escort must be of an age of legal majority recognized under Florida law, The Subcontracted Transportation Provider must allow, without charge to the escort or beneficiary, one (1) escort to accompany a beneficiary or group of beneficiaries who are blind, deaf, mentally disabled, or under twenty-one (21) years of age, when the beneficiaries are transported to receive Medicaid covered services, 7.4 Special Covered Services The CTC must authorize and coordinate transportation for Medicaid beneficiaries when: CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 10 OF 40 . . a, The Agency for Health Care Administration has begun a closure or decertification of a nursing facility and transportation is needed for the Medicaid beneficiary to be transported from one nursing facility to another or to an alternate living arrangement; or b. The Medicaid beneficiary has a change in level of care that results in the facility not being certified or equipped to provide medically required or specialized services and transportation is needed from one nursing facility to another nursing facility, 7.5 Special Exclusions The Provider is not responsible for the coverage of: a, The cost of transporting a Medicaid beneficiary back to Florida when that beneficiary has traveled outside of Florida and requires hospitalization and/or subsequent nursing facility care, unless a Medicaid beneficiary has traveled for the purpose of receiving a Medicaid compensable service; b, Transportation for therapeutic home visits to or from a hospital, hospice, nursing home, ICF/DD, state or other private or public institution; c. Transportation of a beneficiary from one hospital to another, one nursing facility to another, or from a hospital to a nursing facility, solelv based on the preference of the beneficiary or a member of the beneficiary's family; d, Transportation of deceased Medicaid beneficiaries; e, Transportation of family members to visit a hospitalized or institutionalized Medicaid beneficiary; f. Transportation of a Medicaid beneficiary to receive medical training; g, Transportation of Medicaid beneficiaries to a pharmacy for the purpose of having a prescription filled; h. Transportation of a Medicaid beneficiary to a medical facility or physician's office for the sole purpose of obtaining a medical recommendation or to pick up medical records; i. Transportation of a Medicaid beneficiary for socialization and/or therapeutic field visits to locations other than the facility where such services are received; j, Transportation services that are available to the general public free of charge; k. Transportation that is already covered by a per diem rate and included in a corresponding cost report. Transportation services are included in an ICF/DD's per diem; I. Salaries, fees, or other compensation for professional health care attendants; or m, Transportation of a Medicaid beneficiary to a service covered by a Home and Community-Based Service (HCSS) waiver and transportation is provided and can be billed to the waiver or is included in the reimbursement for the waiver service, 8, Geoqraphical Considerations The Provider is responsible for the provIsion of transportation services to eligible Medicaid beneficiaries to or from a stated point of origin or to or from specific Medicaid compensable services at the request of the beneficiary or person acting on behalf of the beneficiary, 8.1 Residence and Closest Medical Facilitv CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 11 OF 40 . . The Provider is not responsible for providing transportation when the health care provider is located outside a beneficiary's community/vicinity if other similar and appropriate health care providers that offer the same or similar services appropriate for the beneficiary's needs and who will accept the beneficiary as a patient are located closer to the beneficiary's residence. 9. Subcontracted Transportation Provider Minimum Performance Standards The following sections describe the minimum standards required of the Provider. 9,1 Beneficiary Access The Subcontracted Transportation Provider shall: a, Respond to transportation inquiries and requests made by beneficiaries residing in the service area as provided for in this section; b, Maintain a business location in the service area or assign a representative whose responsibility is the service area; c, Provide notification to beneficiaries and make oral interpretation services available to beneficiaries, free of charge, in areas where twenty (20) percent or more of the population is non-English speaking; d, Develop written procedures for dealing with beneficiary complaints internally; see Beneficiary Appeals Notice Section and Local Coordinating Boards policy, e. Train customer service representatives within own agency f. Establish and maintain an electronic mail (e-mail) identity; g. Provide eligible transportation when trip requests are submitted no less than twenty- four (24) hours in advance, h, Provide adequate staff and telephone lines to allow ninety (90%) percent of all incoming calls, including TTY calls, to be answered within an average of three (3) minutes, A phone answering machine or electronic voice mail may be used when offered as an option to the beneficiary; however, beneficiaries shall be given the option of staying in queue or reaching a staff person, i. Ensure the average queue time for a hearing-impaired system such as Florida Tele- Relay Services or TTY calls shall not exceed three (3) minutes. j. Train staff to operate a hearing-impaired system such as Florida Tele-Relay Services or TTY equipment to ensure service levels similar to non-hearing impaired beneficiaries are met. 9,2 Eliqibility Screeninq The Provider shall: a, Review and document beneficiary eligibility to receive transportation services provided by the contract. b, Review that the individual is currently eligible for services by relying upon the eligibility information supplied by one of the following: 1, Documentation from a Medicaid Eligibility Verification System (MEVS) Vendor; 2, Documentation by FAXBACK with the Medicaid fiscal agent, or CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 12 OF 40 . 3, Documentation by other CTC approved sources, c, Regularly verify that the beneficiary is eligible for transportation services, Screening shall ensure: 1, Verification from the requesting beneficiary that they have no other available means of transportation to medical services; 2. That the requested transportation is not covered by other programs or funding; 3, That the requested transportation is to the nearest Medicaid provider of covered services unless otherwise exempt by Medicaid rules or policy (see Applicable Laws and Regulations Section); 4, That authorization for requested transportation shall only be granted for eligible Medicaid services required by the beneficiary, 5, That requested transportation is necessary to the destination and to return from services as authorized under the Agreement. 9,3 Transportation Standards The Provider shall: a, Provide transportation services available to beneficiaries who reside in the service area specified by the Agreement in as cost efficient way as possible (Le, multi- loading); b. Comply with standards in accordance with Chapter 427, Florida Statutes and Rules 41-2 and 14-90, Florida Administrative Code. 9.4 Appropriate Level of Transportation The Provider shall refer emergency calls to 911, or an ambulance, as necessary, a. The Provider shall use the most cost effective (lowest cost appropriate) available transportation, based on the medical condition of the beneficiary, b. Providers shall use public transit where available, Utilization shall be in compliance with ADA requirements, A beneficiary may be asked to fill out an ADA certification form to verify the beneficiary's mobility limitations or may be required to undergo an assessment process, The Provider may also require documentation by the beneficiary's physician, 9.5 Service Area a, The Provider may provide service to residents of other service areas in response to requests of the CTC responsible for those service areas, if an agreed upon rate is determined by both parties, b, Other service areas include: 1. Medical facilities or services available in other communities or contiguous areas not available in the beneficiary's service area but routinely used by residents of the service area who need medical care not provided within their service area; and CTD MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 13 OF 40 2, Medical facilities or services outside the service area that are closer to the beneficiary's residence than the same type of services within their service area. 9.6 Activity Documentation The Provider must retain, and make available for audit purposes, the following records for five (5) years after termination of the Agreement or for the duration any audit that extends past five (5) years, The Provider shall: a, Maintain beneficiary eligibility data. Eligibility data shall be provided to the Provider and by MEVS or FAXBACK or other similar provider, The Provider shall use this data to confirm eligibility of persons requesting or receiving transportation services, b. Protect the confidentiality of thA hAnAfir.i8ry'S records, c, Keep vehicle logs on file for every transport for five (5) years after the Agreement ends, in accordance with state law. d, Maintain encounter data for each one-way trip provided as specified below: 1, Date the service was provided in month, day, year format: MM/DD/YYYY; 2, Beneficiary's last name, first name, and middle initial exactly as it appears on the gold, plastic Medicaid ID Card or other proof of eligibility; 3. Beneficiary's 10-digit Medicaid ID Number, Do not provide the number on the Medicaid ID card. This is a card control number, not the beneficiary's Medicaid ID number; 4. Total miles of trip provided; 5, Total cost of trip provided; 6, Pickup address including the street name and number, apartment number, and city; 7. Time that the beneficiary was picked up, Use military (24-hour clock) time. For example: 3:35 p,m, = 1535; 8. Complete address of the provider destination including the street name and number, apartment number, and city; 9, Identify trips that were not provided due to beneficiary no-shows; 10, Medical necessity of the trip; 11, Origin of transport code: physician's office (P), clinic (C), laboratory (L), hospital (H), nursing home (N), dialysis (D), or other diagnostic or therapeutic (0), or residence (R); 12, Destination of transport code: physician's office (P), clinic (C), laboratory (L), hospital (H), nursing home (N), dialysis (D), or other diagnostic or therapeutic (0), or residence (R); CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 14 OF 40 . 13. Mode of transportation used: multiload vehicle (MV), public transportation (PT), private volunteer transport (VT), wheelchair (WC), Stretcher (ST), over-the-road bus (08), or commercial air carrier (CA); and e, Enter encounter data requirements for each bus ticket or pass issued, in a format provided by the CTC, 9.7 Service Standards a. All Providers must comply with standards in accordance with Chapter 427, Florida Statutes and Rules 41-2 and 14-90, Florida Administrative Code, These standards include, but are not limited to, Drug and Alcohol Testing, Safety Standards, Driver Accountability and, Driver Conduct. b, All Providers must maintain vehicles and equipment in accordance with manufacturer's state and federal safety and mechanical operating and maintenance standards for any and all vehicles and models used for transportation of Medicaid beneficiaries under this Agreement. c. The Provider shall comply with all applicable state and federal laws as provided in Section 30,29, Applicable Laws and Regulations, including, but not limited to, the Americans with Disabilities Act (ADA) and the Federal Transit Administration (FT A) regulations. d. Any vehicle that does not meet or exceed the Florida Department of Highway Safety and Motor Vehicles (DHSMV) licensing requirements, safety standards, ADA regulations, or Agreement requirements shall be removed from service immediately and shall be re-inspected before it is eligible to be used to provide transportation services for Medicaid beneficiaries under the Agreement. e. Vehicles may not carry more passengers than the vehicle was designed to carry, f, All lift-equipped vehicles must comply with ADA regulations. 9.8 Vehicle Inspections a, Annual All vehicles shall be inspected daily before they are used to provide transportation services, Inspections shall be done annually to ensure that all regulatory and licensing requirements are met. Vehicles not passing these inspections shall be immediately removed from service for Medicaid beneficiaries. Each vehicle shall be reinspected before it is eligible to return to service for Medicaid beneficiaries under the Agreement. Documentation of inspections done by other agencies will suffice as long as the CTC has access to it, and the program standards are met or exceeded. b. All Commercial Vehicles Shall Meet or Exceed the Followinq Requirements: 1, The Provider shall ensure that commercial transportation operators use a two-way communication system linking all vehicles used in delivering the services under this Agreement with the transportation operator's major place of business (dispatcher); CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 15 OF 40 . 2, The two-way communication system shall be used in such a manner as to facilitate communication and to minimize the time in which out-of- service vehicles can be replaced or repaired. Pagers are not an acceptable substitute, A vehicle with an inoperative two-way communication system shall be placed out-of-service until the system is repaired or replaced; 3, All vehicles shall be equipped with climate control systems adequate for the heating and cooling needs of both driver and passengers. Any vehicle with a non-functioning climate control system shall be placed out- of-service until repaired; 4, Vehicles shall have functioning, clean, and accessible seat belts, where applicable, for each passenger seat position and shall be stored off the floor when not in use; 5, All vehicles shall have an accurate speedometer and odometer; 6. All vehicles shall have functioning interior light(s) within the passenger compartment; 7, All vehicles shall have adequate sidewall padding and ceiling covering; 8, All vehicles shall have two exterior rear view mirrors, one on each side of the vehicle; 9. All vehicles shall have one interior mirror for monitoring the passenger compartment; 10. The vehicles' interior and exterior shall be clean and have exteriors free of broken mirrors or windows, excessive grime, rust, chipped paint or major dents that detract from the overall appearance of the vehicle; and 11. The vehicle shall have passenger compartments that are clean, free from torn upholstery or floor covering, damaged or broken seats, protruding sharp edges and shall also be free of dirt, oil, grease or litter. 9,9 Subcontract Requirements Subcontracts shall include verification that each transportation provider maintains sufficient liability insurance to meet the requirements of Florida State law, See Section I.G of the Terms and Conditions of the CTC Standard Agreement for specifics on insurance coverage. The Provider shall have an incident investigation procedure in writing, and shall follow that procedure to respond to and review all incidents. The CTC must be notified by the Subcontracted Transportation Provider within twenty four (24) hours or by the beginning of the next business day of an accident during the transportation of Medicaid beneficiaries. This is for all accidents involving personal injury and/or property damage where the damage exceeds one thousand dollars ($1,000,00), A written report of the accident shall be submitted to the CTC within five (5) business days of the occurrence, 9.10 Personnel Providers are independent contractors and are not employees or agents of Florida Medicaid, the Commission or the CTC, An independent contractor performs services for Medicaid under contract of a skilled nature or unique kind and works with minimal or no supervision from Medicaid staff, The Provider must: CTD MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 16 OF 40 . . a, Be responsible for the work performed by their employees and transportation providers as described in this Agreement and other referenced documents; b. Be solely responsible for payment to all employees' for wages, benefits, and all consideration or reimbursement to transportation operators; c. Comply with the requirements of employer liability, worker's compensation, unemployment insurance, social security, and any other state and local taxes applicable to Provider; and d. Have personnel policies that conform to all local, state and federal laws. The CTC retains the right to review the Provider's personnel policies, 9.11 Additional Provider Requirements The following sections describe performance standards with which the Provider must comply, a. The Provider is responsible for transportation services within their three (3) catchmen areas b, In all cases, the Provider must ensure the use of the most appropriate service available to meet the beneficiary's transportation needs, c, The CTC must terminate a subcontract with a transportation provider when substandard performance is identified and when the transportation provider has failed to take satisfactory corrective action within a reasonable time d, The Provider's selection policies and procedures, consistent with 42 CFR 438,12, must not discriminate against particular providers that serve high-risk populations or specialize in conditions that require costly treatment. 9,12 Gatekeeper Policy a, The Provider shall comply with the following gatekeeper responsibilities: 1. Accept requests for transportation directly from beneficiaries, adult family members on behalf of minor beneficiaries, guardians responsible for beneficiaries, and licensed health care professionals on behalf of beneficiaries, 2, Assure that the beneficiary is a resident of a county in Florida and is currently Medicaid eligible. 3, Determine if there is a reason why the beneficiary's own transportation cannot be utilized (such as the vehicle is broken, out of gas, etc,) and, if it cannot be utilized, may assist in transportation, 4, Attempt to determine whether any person who does not reside in the beneficiary's household can reasonably provide transportation_ "Reasonably" is defined to mean both willing and able, The Provider shall not demand the use of transportation resources available through any party residing outside the beneficiary's household, 5. Require the use of public transportation, where available and appropriate, for beneficiaries who are able to understand common signs and directions, For additional information on requirements for public transportation see Service Standards Section. 6. Determine if the beneficiary is ambulatory, requires a mobility device, or requires a stretcher for transport, eTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 17 OF 40 7, Allow for extenuating circumstances in applying the twenty-four (24) hours or less advance application requirement for transportation, Such extenuating circumstances shall include, but not be limited to, such situations as the requirement for post-operative or follow-up appointments in less than twenty-four (24) hours; urgent care requirements as claimed by the beneficiary, adult family members on behalf of a minor, elderly or disabled beneficiaries, guardians responsible for beneficiaries, and licensed health care professionals on behalf of beneficiaries who are residents of a nursing facility or other residential care facility, or who are otherwise unable to communicate for themselves; hospital and emergency room discharges; and transportation to appointments made to replace missed appointments that were not caused by the beneficiary's negligence, 8. Provide transportation only to a Medicaid compensable service, 9. Require that a beneficiary and associated escort be picked up from, and returned to, a common address, b, The Provider shall not arbitrarily deny services, 10. Fraud Prevention Policies and Procedures The Provider shall utilize the written policies and procedures developed by the CTC for fraud prevention that contain the following: a. A comprehensive employee-training program to investigate potential fraud; b, A review of Providers that Demonstrate a pattern or practice of encounter or service reports that did not occur; c, A review of Providers that demonstrate a pattern or practice of overstated reports or up-coded levels of service; d. A Providers that altered, falsified, or destroyed records prior to the five-year records retention benchmark. e, A review of Providers that make false statements about credentials; f. A review of Providers that misrepresent medical information to justify referrals; g, A review of Providers that fail to provide transportation for covered Medicaid beneficiaries to medically necessary services; and h, A review of Providers that charge Medicaid beneficiaries for covered services. Any determination by the CTC that any aspect of NET service delivery, by any provider, that might have short- or long-term detrimental consequences to the health of a Medicaid beneficiary shall be reported in writing to the CTC immediately upon detecting a problem or potential problem, The Provider must also immediately report all instances of suspected provider/beneficiary fraud to the CTC immediately upon identification. Upon detection of a potentially or suspected fraudulent action by a provider, the Provider shall file a report with the CTC. At a minimum, the report shall contain the name of the provider, the provider contact information, the provider tax identification number, and a description of the suspected fraudulent act. This report must be sent in narrative fashion to the CTC. 8, MANNER OF SERVICE(S) PROVISION: 1, Services to be provided by the CTC: CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 18 OF 40 . The CTC shall provide to the Provider the following services: a. policy and Agreement clarification as requested by the Provider, b, non-emergency transportation (NET) policy training pertinent to the performance of the Agreement. c. technical assistance, as needed, on transportation related inquiries, d, a policy and procedures manual, an education and outreach plan, and a monitoring plan e. instructions and ongoing training on specific programs and covered services. f. monitor the Provider's compliance with the terms and conditions of the Agreement. 2, Services to be provided bv the Subcontracted Transportation Provider 2.1 Monitorinq Plan The Provider will be monitored on an annual basis unless otherwise specified by the CTC. The monitoring plan must be based on Provider Minimum Standards Section, and must contain, at a minimum, the following monitoring elements: a. Beneficiarv Access 1, Provider name; 2, Provider's unique identification (ID) number; 3. Provider service area (counties); 4. Where available average daily phone calls abandoned, listed by: . Incoming, . From queue, and . Average time in queue, 5. Percentage of calls answered within three (3) minutes; 6, Average call length; 7, Average daily phone calls received, 8. Eligibility Screening . Total applicants reviewed for transportation eligibility; . Total applicants denied for transportation eligibility, by reason code; and . Other data designated by the CTC, 9. Transportation Services . The number of trips provided by mode; . The average distance in miles per trip; . The average cost per trip using the average distance in miles per trip; CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 19 OF 40 . . The number of unduplicated Medicaid beneficiaries using transportation; . Number of complaints and percentage of complaints compared to the total number of trips; and . The number of vehicle inspections completed with results, 10. Other Monitoring as Specified by the CTC 2,2 Reports a, Encounter Data, The Provider will prepare reports on encounter data as well as complaints filed and corrective action taken, The Provider may be required to provide immediate response to ad hoc data requests of CTC staff. b, Proiect Reports, The Provider shall utilize project reports established by the CTC, The Provider shall utilize reporting formats that will be developed by the CTC, When reporting requirements are not established in the Agreement, the CTC shall provide the Provider with instructions and submission timetables, The CTC reserves the right to modify reporting formats and submission timetables as a result of changing priorities or management direction, c. Annual Reports. The Provider must submit to the CTC, by August 15th of each year, an annual operating report that summarizes all services provided for during the Agreement period, The annual operating report will be provided to the CTC via the electronic reporting mechanism available through the Commission's web page. d. Ad Hoc Reportinq, The Provider must provide reports to the CTC in response to requests for data on a periodic basis_ Data should be provided to the CTC within one (1) business day, or longer, if agreed to by both the CTC and the Agency for Health Care Administration, e, Other Reports, The Provider may be required to provide additional information in the annual, and monthly reports when specified by the CTC, 2,3 Automation Requirements The Provider must have the capacity (hardware, software and personnel) sufficient to generate all data and reports needed for this project. The Provider shall also have the necessary information technology needed to implement the reports and project described in this Agreement. 2.4 Systems Compliance The following standards and criteria define systems compliance: a. Software and applications will not abnormally end or provide invalid or incorrect results as a result of date data, especially between centuries. b. In all new applications and where possible in legacy applications, date elements in interfaces and data storage should specify century to eliminate date ambiguity, The standard format for data storage and calculations should follow the international standard date notation, which includes a four-digit year. Applications that use or require month and date representation should conform to the following format: YYYYMMDD where YYYY = full representation of the year, MM = month (between 01 and 12) and DD = day of the month (between 01 and 31), User interfaces (i.e., screens, reports, etc,) should accurately show four digit years. Where this is CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 20 OF 40 . . impossible (i.e" date elements represented without century), the correct century must be unambiguous for all manipulations and/or calculations involving that element. 2,5 Determination of Service Process a. The Provider shall structure the determination of need for service process to meet the following basic requirements: 1, The beneficiary's eligibility has been verified; 2, The beneficiary has declared that he or she is a current resident of the provider's service area; 3, The beneficiary's Medicaid ID number and address have been recorded for reporting purposes; 4. The beneficiary has declared that he or she needs non-emergency transportation; 5, The beneficiary has been determined to have a valid service need; 6. The beneficiary intake information has been obtained; 7, The trip is determined to be within the service locality, or that the needed medical service is not available in the locality; and 8. The transportation mode is the most cost-effective possible, b, The Provider shall advise the beneficiary that: 1, The beneficiary, under penalty of law, shall provide accurate and complete information to determine need for NET services; 2, When requested, the beneficiary must provide, as a condition for receiving service and being determined eligible for the service, information related to the need for services; 3, It is the beneficiary's responsibility to call and cancel an appointment at least twenty-four (24) hours in advance; and 4, Only transportation to or from a health care service provider for a Medicaid covered service is allowable. c. Beneficiary Intake Information The Provider must collect intake information at initial time of contact for a request made by the beneficiary, The following information will be collected by all Providers for each beneficiary, The Provider shall regularly verify information is accurate, The Provider shall develop mandatory beneficiary intake information for NET services, that provides the following information: 1. Determination of Eligibility: . Name and address; . Beneficiary's date of birth in month, day, year format (MM/DD/YYYY); . County of origin; . Medicaid number; and . Telephone number, if available, CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 21 OF 40 . . 2, Availability of Suitable Mode or Transportation to Other Community Locations: . Availability of friend or relative with vehicle; and . Ownership of a vehicle or previous transportation arrangements, 3, Availability of Federally Funded or Public Transportation: . Distance from public transportation route; . Any limitations that would prevent the use of public transportation; . Alternative funding to pay for transportation; and . Previous use, 4, Special Needs: . Mode of transportation needed; . Services needed; and . Need for an escort or attendants, 5. Results of Interview: . Transportation approved or denied; . Mode of transportation if approved; . Date or dates of service; and . Reason eligibility was denied. d, Validity of Information Except for the information contained on the Medicaid eligibility certification, the Provider shall accept the information provided verbally by the beneficiary, or person speaking on behalf of the beneficiary, as valid when determining or predetermining the need for NET services unless the Provider has cause to doubt the validity of information provided. 2.6 Application for Services The Provider shall be responsible to provide same-day transportation services when the beneficiary has no other available means of transportation and requests services for urgent care. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made, Urgent care, for the purpose of this Agreement, is defined as an unscheduled episodic situation, in which there is no immediate threat to life or limb, but the beneficiary must be seen on the day of the request and treatment cannot be delayed until the next day, A hospital discharge shall be considered as urgent care, The Provider may verify with the direct provider of service that the need for urgent care exists, The Provider must obtain from the beneficiary, or an individual acting on behalf of the beneficiary, sufficient information to allow a decision regarding the beneficiary's need for NET services. This determination must take into consideration the beneficiary's ability to provide for his or her transportation outside of the NET program, pursuant to the gatekeeper policy established by the CTC as well as the beneficiary's needed level of transportation in the Appropriate Level of Transportation Section, 2.7 Levels of Transportation When determining the most appropriate mode of transportation for a beneficiary, a basic consideration must be the beneficiary's current level of mobility and functional independence. Modes other than public transportation must be used when the beneficiary: CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 22 OF 40 , . Is able to travel independently but, due to a permanent or temporary debilitating physical or mental condition, cannot use the mass transit system; or . Is traveling to and from a location that is inaccessible by mass transit (accessibility is not within 3/4 mile of scheduled route), 2.8 Denial of Service Process The Subcontracted Transportation Provider may deny a trip or immediately discontinue a trip for any beneficiary who: a, Refuses to cooperate in determining the status of Medicaid eligibility; b. Refuses to provide the documentation requested to determine need for NET services; c, Is found to be ineligible for NET services on the basis that the information provided cannot be otherwise confirmed; d, Exhibits uncooperative behavior or misuses/abuses NET services (the Provider must retain documentation of the incident); e. Is not ready to board NET transport five (5) minutes after the vehicle has arrived; or f. Fails to request a reservation twenty-four (24) hours or more in advance of appointment without good cause. For purposes of this section, "good cause" is created by factors such as, but not limited to, any of the following: 1, Urgent care; 2, Post-surgical and/or medical follow-up care specified by a health care provider to occur in fewer than three workdays; 3, Imminent availability of an appointment with a specialist when the next available appointment would require a delay of two weeks or more; or 4, The result of administrative or technical delay caused by the Provider and required that an appointment be rescheduled, 2.9 Beneficiary Appeals Notice When the Provider denies eligibility of transportation services to a beneficiary, the beneficiary must be informed of his/her right to appeal by sending, by mail, an initial decision letter outlining the reason the Provider is denying transportation services. This letter shall be mailed to the beneficiary no later than seven (7) calendar days following such decision to deny, The Provider must utilize a formal beneficiary appeals process whereby a beneficiary may bring his/her complaint for resolution prior to the beneficiary beginning the formal Medicaid grievance procedures, Beneficiary transportation cannot be limited or suspended during the review period while the appeal is being reviewed, Beneficiaries must be allowed to schedule and receive transportation services throughout the appeal process. 2,10 Complaint Resolution CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 23 OF 40 . The Provider must maintain a toll-free access for receiving beneficiary complaints, The Subcontracted Transportation Provider shall ensure that the beneficiary has followed the established complaint procedures. 2,11 Fair Hearinq Requirements The Medicaid fair hearing policy and process is detailed in Rule 65-2,042, FAC. The Provider's grievance system policy and appeal and grievance processes shall state that the beneficiary has the right to request a Medicaid fair hearing in addition to pursuing the Subcontracted Transportation Provider's grievance process, A provider acting on behalf of the beneficiary and with the beneficiary's written consent may request a Medicaid fair hearing, Parties to the Medicaid fair hearing include the Subcontracted Transportation Provider, as well as the beneficiary and his or her representative or the representative of a deceased beneficiary's estate. a, Request Requirements The beneficiary or provider may request a Medicaid fair hearing within 90 calendar days of the date of the notice of action, The beneficiary or provider may request a Medicaid fair hearing by contacting Department of Children and Families at the Office of Public Assistance Appeals Hearings, 1317 Winewood Boulevard, Building 1, Room 309, and Tallahassee, Florida 32399-0700, 2,12 Beneficiary Co-payment The Provider, at its discretion, may require a co-payment of beneficiaries that is not greater than $1.00 per each one-way trip or $2,00 per each round trip whichever is less. Any change in beneficiary co-payment amounts must receive CTC approval prior to implementation of such increase or decrease. The following categories of beneficiaries are not required to pay a co-payment: . Children under 21 years of age; . Pregnant women when the services relate to the pregnancy or to any other medical condition that may complicate the pregnancy or conditions or complications of the pregnancy extending through the end of the month in which the 60-days period following termination of pregnancy ends; . Institutional care program (lCP) beneficiaries who are required to spend all of their income for medical care costs (expect for a minimal amount that is required for personal needs) as a condition of receiving services in an institution and who are inpatients in long-term care facilities, hospitals, or other medical institutions; . Beneficiaries who require emergency services after the sudden onset of a medical condition which if left untreated would place the beneficiary's health in serious jeopardy; . Beneficiaries when the services or supplies relate to family planning; . Beneficiaries who are receiving hospice services. A provider cannot deny service to a recipient based solely on the recipient's inability to pay a Medicaid co-payment. If the recipient is unable to pay at the time services are rendered, the provider may bill the recipient for the unpaid charge. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 24 OF 40 . . 2,13 Provider Limitations The Provider is prohibited from: a, Using fee-for-service ambulance transport in lieu of cost-effective and appropriate non-emergency transportation; b, Limiting Medicaid beneficiaries to a specific number of medical trips for any specific time period if such limitation would effectively prevent the beneficiary from receiving necessary medical care; and c, Limiting Medicaid beneficiaries to specific providers within a geographical range, establish trip zones, or use similar limitations for the purpose of restricting the distance required to receive medical services if such limitation would effectively prevent the beneficiary from receiving necessary medical care, 3. Term of Aqreement The CTC may provide an increase each year, beginning July 1, 2007, based on an increase in Medicaid eligibles, Such increases shall begin on July 1 for all subsequent years, The CTC reserves the right to determine whether an increase will be granted for each year and the level of increase to be provided, This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original Agreement, whichever period is longer, Renewal of the Agreement shall be in writing and subject to the same terms and conditions set forth in the initial Agreement prior to Agreement termination, A renewal Agreement may not include any compensation for costs associated with the renewal. 4, Billinq and Payment Non-emergency transportation services are mandatory Medicaid services that may not be restricted due to inadequate funding, Through this Agreement, the Provider accepts responsibility to provide or coordinate delivery of all non-emergency transportation services within the existing funds of this Agreement. The Provider shall be paid upon satisfactory submission of receivables as designated in the Agreement. C. SPECIAL PROVISION(S); 1. Termination Procedures The Provider agrees to the termination procedures in Section 6 of the CTC's standard Agreement. The party initiating the termination shall render written notice of termination to the other party by certified mail, return receipt requested, or in person with proof of delivery, or by facsimile letter followed by certified mail, return receipt requested. The notice of termination shall specify the nature of termination, the extent to which performance of work under the Agreement is terminated, and the date on which such termination shall become effective. In accordance with 1932( e)( 4), Social Security Act, the CTC shall provide the Provider with an opportunity for a hearing prior to termination for cause. CTD MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 25 OF 40 . . After receipt by the eTe of final notice of termination, on the date and to the extent specified in the notice of termination, the Provider shall: a. Stop work under the Agreement, but not before the termination date, b. Not accept any payment after the contract ends unless the payment is for the time period covered under the Agreement. 2, Sanction Process a, Performance Improvement Plan If the eTe determines that the Provider is out of compliance with the provisions of the Agreement, the eTe may issue to the Provider, via certified mail, a request for a performance improvement plan (PIP), The eTe shall provide the Provider with a time certain that the corrections are to be made. The Provider must respond to the request within fifteen (15) calendar days by providing a PIP to the eTC. The eTe must approve the plan and submit the signed approval to the Provider prior to implementation of the PIP, The eTe may suggest changes or request a rewrite of the PIP and provide a specific deadline for the rewrite, If the Provider does not meet the standards established in the PIP by the time certain, the Provider will be in violation of the provisions of the Agreement and is subject to sanctions, b, Sanctions . Withholdinq Payments Withholding of monthly payments or a portion thereof to the Provider by the eTe; . Fines Imposition of a fine determined by the eTe for violation of the Agreement with the eTe, Fines shall not exceed an amount that is more than five (5%) percent of the total monthly payment to the Provider; and . Mediation In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator as agreed upon by both parties. The fee of the mediator shall be shared equally by the parties, To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed case, . Termination, Pursuant to section 6 of the Agreement. Unless the duration of a sanction is specified, a sanction shall remain in effect until the eTe is satisfied that the basis for imposing the sanction has been corrected, 3. Travel Expenses The Provider shall not bill the eTe for any travel expenses, 4, Assiqnment GTD MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 26 OF 40 . The Provider shall not assign the Agreement, in whole or in part, without the express written approval of the CTC, 5, Waiver No covenant, condition, duty, obligation, or undertaking contained in or made a part of the Agreement may be waived except by the written agreement of the parties, and a forbearance or indulgence in any other form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the party to which the same may apply, 6, Severability of Provisions If any provision of the Agreement is declared or found to be illegal, unenforceable, or void, then both the Provider and the CTC shall be relieved of all obligations arising under such provision, If the remainder of the Agreement is capable of performance, it shall not be affected by such declaration or finding and shall be fully enforceable. However, the CTC shall reduce the amount of the Agreement accordingly. 7. Inspection of Records and Work Performed The CTC at all reasonable times, have the right to enter the Provider's premises, or other places where duties under the Agreement are performed. All inspections and evaluations shall be performed in such a manner as shall not unduly delay work, Refusal by the Provider to allow access to all records, documents, papers, letters, other materials or on- site activities related to performance shall constitute a breach of the Agreement. The right of the CTe to perform inspections shall continue for as long as a Provider is required to maintain records, The Provider will be responsible for all storage fees associated with records maintained under the Agreement. The CTC shall give the Provider advance notice of cancellation pursuant to this provision and shall pay the Provider only those amounts that are earned prior to the date of cancellation in accordance with the terms and conditions of the Agreement. Performance by the CTC of any of its obligations under this Agreement shall be subject to the Subcontracted Provider's compliance with this provision, 8, Confidentiality of Beneficiary Information All personally identifiable beneficiary information obtained by the Provider shall be treated as privileged and confidential information and shall be used only as authorized for purposes directly related to the administration of the Agreement. The Provider must have a process that specifies that beneficiary-specific information remains confidential, is used solely for the purposes of data analysis and other Provider responsibilities under the Agreement, and is exchanged only for the purpose of conducting a review or other duties outlined in a contract. Any beneficiary-specific information received by the Provider can be shared only with those agencies that have legal authority to receive such information and cannot be otherwise transmitted for any purpose other than those for which the Provider is retained by the CTC. The Provider must have in place written confidentiality policies and procedures to ensure confidentiality and to comply with all federal and state laws (including the Health Insurance Portability and Accountability Act (HIPAA) governing confidentiality, including electronic treatment records, facsimile mail, and electronic mail). 9. Force Maieure CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 27 OF 40 . , Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Agreement or interruption of performance resulting directly or indirectly from acts of nature, civil or military authority, acts of war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting there from, 10, EEO Compliance The Provider shall not discriminate in its employment practices with respect to race, color, religion, age, sex, marital status, political affiliation, national origin, or handicap except as provided by law, 11, Patents, Royalties, Copyriqhts, Riqht to Data and Sponsorship Statement The Provider, without exception, shall indemnify and save harmless the CTC and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unattended invention, process, or article manufactured or supplied by the Provider. The Provider has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Provider or is based solely and exclusively upon the CTC's alteration of the article, The CTC shall provide prompt written notification of a claim of copyright or patent infringement and shall afford the Provider full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the Provider may, at its option and expense procure for the CTC the right to continue the use of, replace or modify the article to render it non-infringing (if none of the alternatives is reasonably available, the CTC agrees to return the article on request to the Provider and receive reimbursement, if any, as may be determined by a court of competent jurisdiction), If the Provider uses any design, device, or materials covered by letter, patent, or copyright, it is mutually agreed and understood without exception that the proposed prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work, Where activities supported by the Agreement resulting from this procurement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the CTC has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the CTC to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, shall vest in the state of Florida, Department of State for the exclusive use and benefit of the state, Pursuant to section 286,021, Florida Statutes, no person, firm, corporation, including parties to this Agreement shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida Department of State. The CTe shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Subcontracted Transportation Provider under any contract. 12, Applicable Laws and Requlations The Provider agrees to comply with all applicable federal and state laws and regulations, including but not limited to: Title 42 Code of Federal Regulations (CFR) Chapter IV, Subchapter C; Title 45 CFR, Part 74, General Grants Administration Requirements; Chapters 409, Florida Statutes; 59G- CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 28 OF 40 . , 4,330 Florida Administrative Code; all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 as amended (42 USC 1857, et seq,); Chapter 427, Florida Statutes; 41-2, Florida Administrative Code; Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served; 42 CFR 431, Subpart F; Section 504 of the Rehabilitation Act of 1973, as amended; 29 USC 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance; the Age Discrimination Act of 1975, as amended; 42 USC 6101 et. seq" which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance; the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance; the Medicare-Medicaid Fraud and Abuse Act of 1978; other federal omnibus budget reconciliation acts; Americans with Disabilities Act (42 USC 12101, et. seq,); and the Balanced Budget Act of 1997. The Agreement may be subject to changes in federal and state law, rules or regulations, 13. State Ownership The CTC shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Provider as a result of the Agreement. 14, Symbols, Emblems or Names in Reference to Medicaid No person or program may use, in connection with any item constituting an advertisement, solicitation, circular, book, pamphlet or other communication, or a broadcast, telecast, or other production, alone or with other words, letters, symbols or emblems the words "Medicaid," or "Agency for Health Care Administration," except as required by the Agreement, unless prior written approval is obtained from the CTe, State and local governments are exempt from this prohibition, A disclaimer that accompanies the inappropriate use of program or CTC terms does not provide a defense. Each piece of mail or information constitutes a violation, 15, Audits/Monitorinq Provisions The CTC may conduct, or have conducted, performance and/or compliance reviews, reviews of specific records or other data as determined by the CTC. The CTC may conduct a review of a sample of beneficiary and other Provider records to verify the quality of the Provider's services, Reasonable notice shall be provided for reviews conducted at the Provider's or place of business, Reviews may include, but shall not be limited to, reviews of procedures, computer systems, accounting records, and internal quality control reviews, The Provider shall work with any reviewing entity selected by the state, The CTC is permitted to monitor and review the transportation operations and services of the Provider, services that are under agreement with a provider, or subcontracted services to Medicaid beneficiaries, This monitoring and review by said entities includes on-site visits and other monitoring methods to assure that the Provider is complying with the requirements of the contract. These representatives shall also have access to all financial and statistical reports, supporting documents, and any other documents pertinent to this Agreement. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 29 OF 40 . . EXHIBIT B METHOD OF COMPENSATION For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Provider shall be paid up to a maximum amount of $ 35,000.00 during the length of the contract. The Provider shall submit monthly invoices in a format acceptable to the CTC. The Provider will be paid, after the CTC has received payment from the Commission, in the amount of $3.00 per mile with a 5 mile minimum, $2.00 per mile for preauthorized out- of-county trips and a $3.00 flat rate for multiloading. Submittal of Encounter Data will be conducted weekly, and completed by the 3rd of the following month. 1. Proiect Cost: The Provider shall request payment through submission of a properly completed invoice to the CTC's Transportation Director or its designee. Monroe County Transportation: $3.00 per mile/5 mile minimum $2.00 per mile for preauthorized out-of-county trips $3.00 flat rate per client per multi/oad Total Amount not to Exceed: $ 35,000.00 CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 30 OF 40 . . A IT ACHMENT 1 CERTIFICATION REGARDING COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPPA) The undersigned Provider certifies and agrees as to abide by the following: 1. Protected Health Information. For purposes of this Certification, Protected Health Information shall have the same meaning as the term "protected health information" in 45 C.F.R. ~ 164.501, limited to the information created or received by the Provider from or on behalf of the Agency. 2. Limits on Use and Disclosure of Protected Health Information. The Provider shall not use or disclose Protected Health Information other than as permitted by this Agreement or by federal and state law. The Provider will use appropriate safeguards to prevent the use or disclosure of Protected Health Information for any purpose not in conformity with this Agreement and federal and state law. The Provider will not divulge, disclose, or communicate Protected Health Information to any third party for any purpose not in conformity with this Agreement without prior written approval from the Agency. The Provider will report to the Agency, within ten (10) business days of discovery, any use or disclosure of Protected Health Information not provided for in this Agreement of which the Provider is aware. A violation of this paragraph shall be a material violation of this Agreement. 3. Use and Disclosure of Information for Manaoement, Administration, and Leoal Responsibilities. The Provider is permitted to use and disclose Protected Health Information received from the Agency for the proper management and administration of the Provider or to carry out the legal responsibilities of the Provider, in accordance with 45 C.F.R. 164.504(e)(4). Such disclosure is only permissible where required by law, or where the Provider obtains reasonable assurances from the person to whom the Protected Health Information is disclosed that: (1) the Protected Health Information will be held confidentially, (2) the Protected Health Information will be used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and (3) the person notifies the Provider of any instance of which it is aware in which the confidentiality of the Protected Health Information has been breached. 4. Disclosure to Aoents. The Provider agrees to enter into an agreement with any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Provider on behalf of, the Agency. Such agreement shall contain the same terms, conditions, and restrictions that apply to the Provider with respect to Protected Health Information. 5. Access to Information. The Provider shall make Protected Health Information available in accordance with federal and state law, including providing a right of access to persons who are the subjects of the Protected Health Information. 6. Amendment and Incorporation of Amendments. The Provider shall make Protected Health Information available for amendment and to incorporate any amendments to the Protected Health Information in accordance with 45 C.F.R. ~ 164.526. 7. Accountino for Disclosures. The Provider shall make Protected Health Information available as required to provide an accounting of disclosures in accordance with 45 C.F.R. ~ 164.528. The Provider shall document all disclosures of Protected Health Information as needed for the Agency to respond to a request for an accounting of disclosures in accordance with 45 C.F.R. ~ 164.528. 8. Access to Books and Records. The Provider shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 31 OF 40 . . ~ received by the Provider on behalf of, the Agency to the Secretary of the Department of Health and Human Services or the Secretary's designee for purposes of determining compliance with the Department of Health and Human Services Privacy Regulations. 9. Termination. At the termination of this Agreement, the Provider shall return all Protected Health Information that the Provider still maintains in any form, including any copies or hybrid or merged databases made by the Provider; or with prior written approval of the Agency, the Protected Health Information may be destroyed by the Provider after its use. If the Protected Health Information is destroyed pursuant to the Agency's prior written approval, the Provider must provide a written confirmation of such destruction to the Agency. If return or destruction of the Protected Health Information is determined not feasible by the Agency, the Provider agrees to protect the Protected Health Information and treat it as strictly confidential. CERTIFICATION The Provider has caused this Certification to be signed and delivered by its duly authorized representative, as of the date set forth below. Subcontracted Transportation Provider Signature Date Name and Title of Authorized Signer MONROE COUNTY ATTORNEY PROVED AS TO FO M: 'z;.) NA ILEENE W. CASSEL ASSISTANT JOU~TY ATTORNEY Date ~ ~ '0) CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 32 OF 40 . . . . ATTACHMENT 2 DRUG-FREE WORKPLACE CERTIFICATION In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1). 4. In the statement specified in subsection 1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no 10 contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature Date CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 33 OF 40 . . . , A TT ACHMENT 3 FINANCIAL AND COMPLIANCE AUDIT The Provider may be subject to audits and/or monitoring by the CTC. 1. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the CTC. In the event the CTC determines that a limited scope audit of the Provider is appropriate, the Provider agrees to comply with any additional instructions provided by the CTC to the Provider regarding such audit. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. 2. AUDITS PART I Federally Funded This attachment is applicable if the Provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. PART VI of this agreement indicates Federal resources awarded through the CTC. In determining the Federal awards expended in its fiscal year, the Provider shall consider all sources of Federal awards, including Federal resources received from the CTC. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 1. In connection with the audit requirements addressed in Part I, paragraph 1, the Provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Provider resources obtained from other than Federal entities). 2. Information concerning this section can be found on the Federal Office of Management and Budget Web page at: http://www.whitehouse.gov/omb/index PART II: State Funded This part is applicable if the Provider is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 34 OF 40 . . . . 1 . In the event that the Provider a total amount of State Financial Assistance (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such Provider, the Provider must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. PART VI of this agreement indicates State Financial Assistance awarded through the CTC by this agreement. In determining the State Financial Assistance expended in its fiscal year, the Provider shall consider all sources of State Financial Assistance, including State Financial Assistance funds received from the CTC, other state agencies, and other non-state entities. State Financial Assistance does not include Federal direct or pass- -through awards and resources received by the non-state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Provider shall ensure that the audit complies with the requirements of Section 215.97 (7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Provider expends less than $300,000 in State Financial Assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Provider expends less than $300,000 in State Financial Assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Provider's resources funds obtained from other than State entities). 3. Information concerning this section can be found on the State of Florida Web page at: http://www.myflorida. com/myflorida/governmenUgovernorinitiatives/fsaa/ PART III: Other Audit Requirements 1. 45 CFR, Part 7 4.26( d) extends OMS requirements, as stated in Part I above, to for-profit organizations. PART IV: Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the Provider directly to: Guidance Clinic of the Middle Keys Community Transportation Coordinator 3000 41st Street, Ocean Marathon, FL 33050 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Provider shall submit a copy of the financial reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any management letters issued by the auditor, to the CTC. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 35 OF 40 ., ~ . ~ Copies of financial reporting packages required by PART /I of this agreement shall be submitted by or on behalf of the Provider directly to: Guidance Clinic of the Middle Keys Community Transportation Coordinator 3000 41 sl Street, Ocean Marathon, FL 33050 Copies of reports or management letters required by PART /II of this agreement shall be submitted by or on behalf of the Provider directly to: Guidance Clinic of the Middle Keys Community Transportation Coordinator 3000 41 st Street, Ocean Marathon, FL 33050 Any reports, management letters, or other information required to be submitted to the CTC pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the CTC for audits done in accordance with OMB Circular A-133, or/and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for- profit) organizations, Rules of the Auditor General, should indicate the date that the reporting package was delivered from the auditor to the Provider in correspondence accompanying the reporting package. This can be accomplished by providing the cover letter from the reporting package received from the auditor or a cover letter indicating the date the audit reporting package was received by the Provider. PART V: Record Retention The Provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the CTC or its designee access to such records upon request. The Provider shall ensure that audit working papers are made available to the CTC or its designee upon request for a period of five (5) years from the date the audit report is issued unless extended in writing by the CTC. NOTE: Section .400(d) of the OMS Circular A-133, as revised, and Section 215.97 (5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Part VI of this attachment be provided to the Provider organization if the Provider is determined to be a recipient. If Part VI is not included the Provider has not been determined to be a recipient as defined by the above referenced reverenced federal and state laws. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 36 OF 40 ...., . . A TT ACHMENT 3 GLOSSARY ADA (Americans with Disabilities Act) -- Includes regulations for agencies and entities that provide services to persons with disabilities. Business Day -- The business office must be open at a minimum between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Climate Control System -- The heating or air conditioning system of the vehicle in question. CMS (Centers for Medicare and Medicaid Services) -- The organizational unit of DHHS responsible for administering Title XIX of the Social Security Act, which is Medicaid. DHHS -- The United States Department of Health and Human Services. Deliverable -- Each documentation, report, manual, and every other item that the Subcontracted Transportation Provider is required to produce under the terms and conditions of this Agreement. Dependent -- An individual under the age of eighteen (18). A dependent may be a Medicaid recipient. DisDatchinq -- The act of designating a specific vehicle and driver to pick-up and deliver a Medicaid recipient. Eliqible (Medicaid Eliqible) -- A person who is determined to be eligible for Medicaid services by the Social Security Administration, or Department of Children and Families. Emerqency Care -- Care that is medically necessary as a result of a sudden onset of a medical condition manifesting itself by acute symptoms of such severity that the absence of immediate attention could reasonably be expected to result in serious dysfunction of any bodily part or death of the individual. Encounter Data - Data on transportation services provided to Medicaid recipients. Escort -- An individual whose presence is required to assist a recipient during transport and while at the place of treatment. Escorts cannot be charged any cost for transportation when accompanying a recipient requiring assistance. EVS (Eliqibility Verification System) -- A system for verifying recipient eligibility for Medicaid services, usually by direct, on-line computer hook-up. Fixed Route - Service in which the vehicle(s) repeatedly follows a consistent time schedule and stopping points over the same route, whereby such schedule, route or service is not at the user's request. Gatekeepinq -- The verification that a caller is actually an eligible Medicaid recipient, that Medicaid transportation is needed, and the appropriate type of transportation needed. Independent Contractor -- See transportation provider. In State/Out-of-State Travel -- In-state travel refers to all NET services the Subcontracted Transportation Provider is responsible to assure delivery within the boundaries of the State of Florida and within a line CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 37 OF 40 ~ ~ . drawn outside the Florida border. Out-of-state travel refers to travel outside of the predetermined border limit. Intake and Screeninq -- See Gatekeeping. Medicaid ID Number -- A unique identification number assigned to each Medicaid recipient for eligibility card issuance and claims submittal purposes. Medical Necessity -- Medicaid reimburses for transportation services if they do not duplicate another provider's services and are determined medically necessary by meeting all of the following criteria: Individualized, specific, consistent with symptoms or confirmed diagnosis of the illness or injury under treatment, and not in excess of the recipient's needs; not experimental or investigational; reflective of the level of services that can be safely furnished, and for which no equally effective and more conservative or less costly treatment is available statewide; and furnished in a manner not primarily intended for the convenience of the recipient, the recipient's caretaker, or the provider. The fact that a provider has prescribed, recommended, or approved medical or allied care, goods, or services does not, in itself, make such care, goods or services medically necessary or a covered service. Medicare -- The federal medical assistance program that is described in Title XVIII of the Social Security Act. It is not the same as Medicaid. Minibus -- A multiple passenger van, and also includes buses, sedans, and taxi. Monitorinq - The CTC shall monitor the Subcontracted Transportation Provider's performance of duties under this Agreement by a variety of methods. Satisfactory, quality performance is required. NET (Non-Emerqency Transportation) -- In accordance with federal regulations (42 CFR 431.53), the Non-Emergency Transportation (NET) program offers transportation services for Medicaid recipients who need to secure necessary medical care and have no other means of transportation. NET Trip -- A one-way transportation service from the recipient's place of origin to the place where a covered medical service will be provided to that recipient or the reverse or from one covered medical service to another. NF -- Nursing facility or nursing home. Non-Emerqency Transportation Services -- These are non-emergency transportation services provided to Medicaid recipients by Subcontracted Transportation Providers and transportation operators that provide recipients with access to necessary medical services when the recipients have no other personal transportation available. Operational Procedures Manual -- A manual developed by the Subcontracted Transportation Provider that presents the procedures for scheduling, after-hours services, urgent care, driver customer service standards, record keeping requirements for drivers, etc. Public Transportation -- City, county or municipal subway, bus, rail, and other transportation services available in a number of locations in Florida. Recipient -- An individual eligible for medical assistance in accordance with the State's Medicaid program who has been certified as such by the Social Security Administration and the Department of Children and Families. Recipient Appeal -- Recipients have the right to appeal when the Provider has denied or terminated or suspended NET services to them. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 38 OF 40 ~ . " Recipient Residency -- The county or service area within which the Medicaid recipient is regularly dom iciled. Reservation -- The verification of a trip for a recipient at a specific time and place for pick-up and delivery to a specific destination. Schedulinq -- The process through which a Medicaid recipient contacts the Subcontracted Transportation Provider who assigns the trip to the most appropriate transportation provider. Normally, this must be done at least three (3) days before the NET service is required. Schedulinq Day/Hours -- Any day or time when the Subcontracted Transportation Provider is expected, under the terms of this Agreement, to have personnel available for scheduling NET services. Designated hours during which scheduling of appointments can be done is a mandated function of the Subcontracted Transportation Provider. Service Aqreement - An Agreement between a CTC and a subcontracted transportation provider for the delivery of transportation services. Social Security Administration (SSA) -- The federal agency that determines eligibility for SSI, including Medicaid benefits. State -- State of Florida. State Medicaid Plan -- The comprehensive written commitment by a Medicaid agency, submitted under section 1903(a) of the Social Security Act, to administer or supervise the administration of a Medicaid program in accordance with federal and state requirements. Stretcher (Non-emerqency) Van -- An enclosed vehicle that accommodates a litter and is equipped with locking devices to secure the litter during transit. Recipients using this vehicle must be non-ambulatory and need the assistance in order to be transported to and from the vehicle and health care provider in a reclined position. No flashing lights, sirens or emergency equipment are required. Subcontractor -- A person, company or organization the CTC enters into a Contract with to provide the services delivered under this Agreement SSI (Supplemental Security Income) -- A type of cash assistance received by individuals determined eligible by the Social Security Administration. Medicaid benefits are included in the eligibility determination made by the Social Security Administration. TTY <Text Telephony) -- A specially designed telephone device equipped with a keyboard and small screen, which allows two-way conversation. This service may also be available in software to modem personal computer compatibility. Transportation Operator -- Those entities that own and operate vehicles engaged in the direct delivery of transportation and provide services to recipients through the scheduling of the Subcontracted Transportation Provider. Transportation Service Aqreement -- An agreement between the CTC and a transportation provider for the delivery of transportation services. UrQent Care -- An unscheduled episodic situation in which there is no threat to life or limb but the recipient must be seen on the day of the request under currently accepted standards of care. Treatment cannot be put off until the next day. Hospital discharge shall also be considered as urgent care. This requirement shall also apply to appointments established by medical care providers allowing insufficient time for routine three (3) day scheduling. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 39 OF 40 ~ .. .. Vehicle Identification Number (VIN) -- The unique number given to each vehicle produced by a manufacturer. Vehicle Loq -- A log which is kept by the vehicle driver that reports information on all trips with that vehicle: names of driver and recipients, times, pick-up and delivery points, and odometer readings. Vendor -- An entity that is responsible for recruiting and contracting with transportation providers; payment administration; quality assurance of services; and administrative oversight and reporting. Volunteer Transportation -- Transportation provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. Wheelchair Van -- A van equipped with lifts and locking devices to safely secure a wheelchair while the van is in motion. Work Day -- For purposes of establishing business hours and satisfying reporting requirements: a minimum of Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. with the exception of New Years Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day and the day after, and Christmas Day. CTO MEDICAID NON-EMERGENCY TRANSPORTATION (NET) AGREEMENT AGREEMENT #:0707-1207 PAGE 40 OF 40 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Sept. 19. 2007 Division: Community Services Division Bulk Item: Yes ~ No - Department: FI. Keys SPCA Staff Contact PersonlPhone #Sandy Molina-X4500 AGENDA ITEM WORDING: Approval of Resolution authorizing an additional agent of the Florida Keys Society for Prevention of Cruelty to Animals to enforce Chapter 3, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code, including requiring appearance for disposition in County Court, and approval by a judge of the Sixteenth Judicial Circuit, Monroe County, Florida. ITEM BACKGROUND: It is required that the 16" Judicial Circuit approve the appointments of Animal Control Officers in Monroe County to enforce existing County Code and Florida Statutes and to issue citations for violations of said Code, including appearance for disposition in County Court. This resolution supports Section 3-4(2), M.C.C., that requires the appointments in compliance with Section 828.03(2), F.S. The issuance of a Certificate of Appointment to Animal Control Officers signed by the Mayor of Monroe County and a Judge of the 16" Judicial Court will clearly designate each individual so approved. PREVIOUS RELEVANT BOCC ACTION: January 17, 2007, approval of Resolution No. 023- 2007 authorizing implementation of this appointment process for animal control officers. July 18, 2007, approval of appointment of Charles Best and removal of appointment of Matthew Record. CONTRACTIAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 BUDGETED: Yes N/A No - COST TO COUNTY: 0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH_ Year OMB~Sing XX - APPROVED BY: County Atty XX Risk Management _xx-1fJb- DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 RESOLUTION NO. - 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING CERTAIN AGENTS OF THE ANIMAL CONTROL CONTRACTORS TO ENFORCE CHAPTER 3, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING APPEARANCE FOR DISPOSTION IN COUNTY COURT; AND PROVIDING FOR REMOVAL OF AUTHORITY FOR CERTAIN AGENTS PREVIOUSLY PROVIDED AUTHORITY BY THE COMMISSION AND APPROVED BY A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, MONROE COUNTY, FLORIDA. WHEREAS, Florida Statutes Section 828.03 provides that agents of any society or association for the prevention of cruelty to animals may appoint agents for the purpose of investigating violations of Chapter 828, Florida Statutes, or any other law of the state for the purpose of protecting animals or preventing any act of cruelty thereto; and WHEREAS, Monroe County Code Section 3-4(1) provides that Animal Control Agents of corporations and associations contracting with Monroe County may be authorized by the Board of County Commissioners to investigate violations of Chapter 828, Florida Statutes and Chapter 3, Monroe County Code; and WHEREAS, Section 3-5, Monroe County Code, authorizes animal control agents to enforce the provisions of Chapter 3 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines and/or requiring appearance I Court; and WHEREAS, Section 3-4(2), Monroe County Code requires the appointments to be approved by a county or circuit court judge and approved by the county commission and a record of such appointments maintained, in compliance with F.S. 828.03(2), and WHEREAS, on January 17, 2007, the Monroe County Board of County Commissioners approved Resolution No. 023-2007 authorizing implementation of this appointment process for animal control officers; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Additional a2ents That the following additional animal control officers are hereby authorized, effective the date indicated below, to investigate violations of Chapter 3, Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said chapters, or to require appearance in court, and to present testimony for disposition of any such violation in county court: a. Elizabeth Heflin - Effective June 29,2007 Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA). 1 - = ~ ~ ~ ~ rI ~ - - ~ ~ . II The Monroe County Board of County Commissioners CERTIFICATE OF APPOINTMENT PRESENTED TO ELIZABETH HEFLIN FLORIDA KEYS SOCIElY FOR PREVENTATION OF CRUELlY TO ANIMALS IS HEREBY AUTHORIZED, PURSUANT TO SECTION 828.03, FLORIDA STATUTES, AND SECTION 3-4(2), MONROE COUNTY CODE, TO INVESTIGATE ANY VIOLATIONS OF CHAPTER 3, MONROE COUNTY CODE AND CHAPTER 828, FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS OF SAID CHAPTERS, OR TO APPEAR IN COURT, AND TO PRESENT TESTIMONY FOR DISPOSITION OF ANY SUCH VIOLATION IN COUNTY COURT Given this 19th day of September, 2007 Mario Di Gennaro Mayor, Monroe County APPROVED: By: Judge Date County/Circuit Court 16th Judicial Circuit Monroe County State of Florida I: a.: o 1.&.1 .- Z ,., u .. 0 ; - fa La. .- ~ .. '-' - = - 0.... 15 0" · .,. - ClliI '" - - l! _" · '!J .... .. -w - CD .q; A. .- '0 0 ClliI ~ lip Ie 1ft ~ c: - -5.... ell a .... = " e~O :CjZo! 8 ...;v 0 -3 N e,.,....o .c~ u._= ... Os O-W ...J ....lo = Ul - ell l: <(... CII -:;..... ~"S.E X l' 5 ".~ .. --a ~ I e:CC N8Z~ .-- v .-b <C= s:; ;:a:: Wi ~ Q! <t _ 11 &&l,., L.... "" - fa ~ "" La. .".. =- ... u.l :: != ... 0 ... o u -- La.I -- U .... tj)Q,l g ~ ~ " ~ ~ ~ .-+-f C .... 0 ~ .- w. ... ~ .... Q) ....... C . t: ~Q. 2;-1~ ~ ~ ._ <::"<:J Q .!!l a '- E lrl oofooJ ~ ~ o ~cn loofooJC _ _ ="00 i-I LL. 0 ~ 0 ,.;I Q):;::; ~ ~o . Q) U "E~ e> Co) gl'! fZ as a. ~ as :J ... 3E tl CD.... '.:t< 8 0 as 8 ~ ~ m 0 8 as S .w - ~ ~ as b' .... Q) 0 .9 ~ ~ ,.. CI) <::,,<"0 ... ~ Q) gj _ .. r.r. $ f-o 0- -, .,.; 0'" 'C:' Q) Z 'li5 as 0; N __!<r'- o~o c A'>. ~.." .N-~a. E u Q) ~ t- ~ __ ... CJ "" oS 1:: ~ 0 ~ C._ ~8 <"08 '"~\J :!:: u 1 W ;::E lij ,; ~~ ... <::"< as - ~ . ..c Z = ~ - < ~ ~ CI) - o 0 >.. ~ i'l ~ ~ ~\ ~ '"~ - BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9-19-07 Division: Community Services Bulk Item: Yes ..X- No - Department: Community Supoort Services Staff Contact PersonIPhone #: Deb BarseH. 4510 AGENDA ITEM WORDING: Approval of an INCREASE IN FUNDING for the Low Income Home Energy Assistance Program Federally Funded Subgrant Agreement Number 07EA-6J-ll- 54-01-019 between Monroe County Board of County Commissioners and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. ITEM BACKGROUND: This is a reoccurring agreement and the language in the contract is the same as the previous contract (2006-2007) as well as the current contract (2007-2008). There is no match required by Monroe County. This is a cost reimbursement agreement. This modification to the current agreement is due to an increase of grant funds in the amount of $15,724. PREVIOUS RELEVANT BOCC ACTION: On February 21, 2007, the BOCC granted approval and authorized ex~ution ofLIHEAP Contract Number 07EA-6J-1l-54-01-019. CONTRACT/AGREEMENT CHANGES: Increase of $15,724 in grant funds. STAFF RECOMMENDATIONS: Approval TOTAL COST: $113.240. BUDGETED: Yes ---X- No - COST TO COUNTY: -0- SOURCE OF FUNDS: Grant Funds REVENUE PRODUCING: Yes N/A No N/A AMOUNT PER MONTH N/A Year _N/A_ APPROVED BY: County AttyrOMBIPurchasing_ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE.COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: LIHEAP (DCA) Contract #07EA 6J-11-54-01-019 Effective Date: 09-19-07 Expiration Date: 03-31-08 Contract Purpose/Description: A roval to modi DCA Low Income Home Ener Assistance Pro am A reement Number 07EA-6J-11-54-01-019 b increasin the amount offunds received b theMonroe Count Board of Coun Commissioners. LIHEAP allows for the rovision of funds to pa electric bills for low income Monroe County residents. Contract Manager: Sheryl Graham 4592 Social Services #1 (Name) (Ext.) (Department/Stop #) for BOCC meetin on 9/19/07 A enda Deadline: 9/4/07 CONTRACT COSTS Total Dollar Value of Contract: $ 113,240. Current Year Portion: $ 9,436.66 Budgeted? Yesl:8J No I:8J Account Codes: 125-6153507-FY07-_-_____-_____ Grant: $ 113,240 3/1/07 to-3/31/08-_____-_____-_____ County Match: $ -0- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes 7-~~ Needed Division Director (. .07 YesD NoD RiskM~ment ~7 YesDN<@ ~~&- 1)) o\hlP ~~ -$W't YesDNcd ,----'::: ~ '6 ~ C~ County Attorney ~~ '7 YesD NoD -:4/~/.) ~ . Comments ~ "rU:PhuJ 6N/~f.t<>- ~ ,e.& cI J-f~/)7 OMB Form Revised 2/27/01 MCP #2 ~ . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Governor Secretary . MEMORANDUM TO: Low Income Home Energy Assistance Program Recipients FROM: PI- Paula Lemmo, Community Program Manager Community Assistance Section DATE: July 26, 2007 SUBJECT: Low Income Energy Assistance Program (LIHEAP) Modifications to Incorporate Increase in Base Allocation, Leveraging Funds and Carryover Funds This memorandum addresses the modification of your current Low Income Home Energy Assistance Program agreement. The enclosed modification will incorporate your agency's share of the LIHEAP increased base allocation and applicable leveraging funds. LIHEAP leveraging funds are awarded competitively to the state from and in addition to the LIHEAP state grant award. These funds are allotted based on the dollars the local LIHEAP agencies generate to provide non-federal utility bill assistance and other energy conservation dollars to LIHEAP eligible households. These additional LIHEAP dollars are then distributed to those agencies that have reported leveraged funds during the previous year. To utilize these funds fully they must be expended before the end of your contract. Leveraging funds can only be used for direct client assistance, and cannot be used for administrative or outreach costs. The total amount of "FY 2006 Leveraging Funds" given on the Modification of Agreement page must be included on lines 8,9 and 10 of the Revised Attachment J, Budget Summary and Workplan. Separate tracking and reporting of these funds from the regular LIHEAP allocation is mandatory in order to meet federal reporting requirements. Leveraging participation and reporting information will soon go out for this year. I encourage you to participate in this project in order to increase your leveraging funding for next year. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 3 Phone: 850-488-8466/SUNCOM 278-8466 Fax: 850-921-0781/SUN Website: www.dca.state.fl.u5 COMMUNITY PLANNING AREAS OF CRITICAl STATE CONCERN AELD OFFICE HOUSING AND COMM Phone: 650488-2356/SUNCOM 276-2356 Phone:~289-2402 Phone: 650-488-7956/~ Fax: 650-468-3309lSUNCOM 276-3309 Fax: 305-269-2442 Fax: 850-922-5623/SU Memorandum July 26, 2007 Page Two The modification must be submitted to the Department as soon as possible. In all cases, three modification packages with original signatures must be mailed to: Ms. Hilda Frazier, Planning Manager Department of Community Mfairs Division of Housing and Community Development Community Assistance Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 With the execution of this modification you will be able to expend funds up to the total face value of the contract. If you have any questions, please contact your financial specialist at (850) 488-7541. PLlhc/sl Enclosure MOD# 002 MODIFICA nON OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND Monroe County Board of County Commissioners This Modification is made and entered into by and between the State of Florida, Department of Community Mfairs, ("Department"), Monroe County Board of County Commissioners the ("Recipient") to modify DCA Contract Number 07EA-6J-II-54-0l- 019 ("Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a grant to the Recipient under the Low- Income Home Energy Assistance Program (LIHEAP) of $97 .516 and WHEREAS, the Department and the Recipient desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (17)(a) FundinwConsideration is hereby modified to read as follows: This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $113.240 subject to the availability of funds and appropriate budget authority. This revised contract amount includes: 1. $97,516 FY 2007-2008 LIHEAP contract allocation 2. +$15,724 Increase in Base Allocation 3.+$ 0 FY 2006 Leveraging Funds 2. Attachment I, Recipient Information, is hereby deleted in its entirety and replaced with Amended Attachment 1. 3. Attachment J, Budget Summary and Workplan, is hereby deleted in its entirety and replaced with Amended Attachment J. 4. Attachment K, Budget Detail, is hereby deleted in its entirety and replaced with Amended Attachment K. 5. Attachment L, Multi-County Fund Distribution, is hereby deleted in its entirety and replaced with Amended Attachment 1. 6. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 7. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT STATE OF FLORIDA M G:,~ ~ .p Co . . DEPARTMENT OF COMMUNITY AFFAIRS on.-oe.. 0 rYlO'\1. 5S1 oY\ers BY: BY: ~ario ~rtaro M.~~rrr Janice Browning, Director (Type ame and Title) Division of Housing and Community Development Date: Date: 59 - {pooo~49 Federal Identification Number LlHEAP ATTACHMENT I - RECIPIENT INFORMATION FEDERAL YEAR: ~ CONTRACT PERIOD: Date of Sianina to March 31. 2008 FOR DCA USE ONLY DATE RECEIVED: REVISION(S) RECEIVED: I I DCA CONSULTANT: I. RECIPIENT CATEGORY: { } Non-Profit { X} Local Government { } State Agency II. COUNTIES TO BE SERVED WITH THESE FUNDS: Monroe III. GENERAL ADMINISTRATIVE INFORMATION a. Recipient: _Monroe County Board of County Commissioners b. Executive Director or Chief Administrator: - Deb Barsell c. Recipient Address: - 1100 Simonton Street City: _Key West ,FL Zip Code: _33040 Telephone: (305) _292-4510 Fax: (305) _292-4417 County: _Monroe_ E-mail Address: _barsell-debbie@monroecounty-fl.gov_ d. Mailing Address (if different from above): 1 FL Zip Code: e. Chief Elected OffICial (Local Governments) or President/Chairman (for corporations): Name:_Mario Di Gennaro Title: _Mayor Home or business address and telephone number other than Recipient's address: _490 63rd Street _Marathon 1 FL Zip Code: _33050_ Telephone ( ) f. Official to Receive State Warrant: Name: _Danny Kolhage Title: _Clerk of Court Mailing Address: _500 Whitehead Street Key West ,FL Zip Code: _33040_ g. Recipient Contacts: (1) Program: Name _Sheryl Graham_ Title: Compliance Manager Mailing Address: _1100 Simonton StreeC1.202 _Key West 1 FL Zip Code: _33040 Telephone: (305) _292-4592_ Fax: (305) _305-295-4361_ Cell: ( >_ -Mail Address: graham-6heryl@monroecounty-fl.gov (2) Fiscal: Name _Danny Kolhage_ Title _ Clerk of Court Mailing Address: _500 Whitehead Street _Key West I FL Zip Code: _33040 Telephone: (305) _292-3560 Fax: (305) _295-3660 Cell: ( > E-Mail Address: dkolhage@monroe-clerk.com h. Person(s) authorized to sign reports: Sheryl Graham; Deb Barsell; Valerena Candy IV. AUDIT Recipient Fiscal Year: _October to _September_ Audit is due nine months from the end of the recipient's fiscal year: _June Rev. 08110/07 for Budget Modification 43 LillEAP AMENDED A TT ACHMENT J BUDGET SUMMARY AND WORKPLAN RECIPIENT: Monroe County Board of County Commissioners I. BUDGET SUMMARY A. B. C. D. E. F. G. Last Adjustments Increase Column Leveraging TOTAL LIHEAP FUNDS ONLY Approved to Approved in Base B+C+D Modified Budget Budget Allocation Budget Amount (Optional) 1. TOTAL FUNDS (No Leveraging) 97,516. 15,724. 113,240. 113,240.00 ADMINISTRATIVE EXPENSE (Cell 2G cannot exceed 8% of Cell I G) 2. Salaries including Fringe; Rent, Utilities, Travel, 0 9,059.00 Other OUTREACH EXPENSE (Cell 3G cannot exceed CelllE minus Cell2E times .15) 3. Salaries including Fringe; Rent, Utilities, Travel, 0 0 Other DIRECT CLIENT ASSISTANCE 4. Home Energy Assistance 26,330. 0 13,713. 40,043. 40,043.00 (Cell 4G must be at least 25% of CellI G) -------------------------------------------------- ----------- -------------- ------------ ---------- -------------- 5. Crisis Payments 61,873. 0 0 61,873. 61,873.00 -------------------------------------------------- ----------- -------------- ------------ ---------- -------------- 6. Weather Related/Supply Shortage (Ce1l6G must be 2,000. 0 265. 2,265. 2,265.00 at least 2% of Cell 1 G) 7. Subtotal Direct Client Assistance (Lines 4+5+6) 90,203. 0 13,978. 104,181. 104,181.00 LEVERAGING FUNDS ONLY 8. Home Energy Assistance 0 0 -------------------------------------------------- ------------- -------------- 9. Crisis Assistance 0 0 10. TOTAL LEVERAGING (Lines 8+9) 0 0 11. GRAND TOTALS 0 113,240.00 II. DIRECT CLIENT ASS1STANCE WORKPLAN Type of Assistance Estimated # of Households Estimated Cost Previous Amended Per Estimated Expendituresl Household LIHEAP Direct Client Assistance) ~l!l!_ E!lerlO' ---------------- 175 2~:'-~..L___ ~~t!!!.._______ 40,.!t~~!!9__________________________._ ---- Crisis 176 176.78 350.00 61....!!?~.l!~_________________________ ----------------._----------- -------- ---- -..---------------- Weatber Related/Su pi 8 9.06 250.00 2,265.00 TOTAL 359 452.79 104,181.00 Levera i Funds _!!!!.!!!.~-~!!.~~--------------- 0 -----~------------------ Crisis 0 TOTAL 0 I Estimated Expenditures equals tbe Amended Estimated # of HOWlebolds times Estimated Cost Per Housebold. Amount must agree witb tbe corresponding line in Column G above. LIHEAP ATTACHMENT K III. ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3) Line Item EXPENDITURE DETAIL LIHEAP FUNDS Number (Round up line items to dollars. Do not use cents and decimals in totals) Administrative Expenses: Salary 2,000.00 Travel 300.00 Other: 1. PhonelPostage 523.00 2. Rental/Copy 2,290.00 3. Maintenance Agreement 2,500.00 4. Printing and Binding 300.00 5. Office Supplies 550.00 6. Operating Supplies 596.00 2. Total Administrative Expenses 9,059.00 9,059.00 3. Total Outreach Expenses -0- -0- 4. Home Energy Assistance 40,043.00 5. Crisis Assistance 61,873.00 6. Weather Related/Supply Shortage 2,265.00 7. Total Direct Client Assistance 104,181.00 11. Grand Total 113,240.00 - I/) ::J E e: m -c:: a.m 1/)- 0 .- a. .ce: W 1-0 00 . :p ::> Q) ::J 2:,g Z Q)- 0 I/) I/) -Z ::Ji5 ....0 0.... c(_ >>0 -I.... 1/)..... ::>c( Q) e: 00 :g~ -10 ::J B c(-I 8!E 0-1 - zc( Q) I/) Ow .c::J -....... -z .....0 ....- 0';:: ::>:;: .cQ) mo:: o E -w < 0::.... 0 j:: ::J.- LI. o e: ::> I/) 0 UJ m Q) I/) en ii: .... m a..~ c( ......... i1i~ m ....!!! ZC I'- -> Q.wo ~e c(:;:z Q)Q. w:I::) - < .c.c ~.... 0 0 0 0 0 0 0 0 0 0 0 0 J!!o >zw ....> ~ .- < 0)0 ...I .9e: wOc(c(....o ;:) <:).............c(o :;: e:.2 c( 00-'0 m- LI.~~gO!!! _<>a. .~~ I/) 0) < .co (ijo.. Z .c~ 0 3=0 j:: e:1.O c( o~ 0 a.Q) 0 ::J.c Q)- -I .De: -' .;:: 0 c( 0'0 I/) Q) 4A- 0) I/) '0<<1 - .c 3=-e ~ "0 .Q<<I Q) ~a. ~ C ';)- :J tJ)CQ) E'~ 0 Z 0 "C.~ U ....- :) :J - C slQ 0 .. Q) mOftl oS! e -- O)~ 0 ii u.!! .c_ c( C -~I/) -m - 0 0-- 1/1 -=0) Z :;: ....oc( .c BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19.2007 Division: Community Services Bulk Item: Yes --X No - Department: Library Staff Contact PersonlPhone #: Norma Kula X7349 AGENDA ITEM WORDING: Approval of the filing ofa grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and execution of same with the proper County authorities. ITEM BACKGROUND: This is an annual application process to receive State Financial Aid. PREVIOUS RELEVANT BOCC ACTION: Board approved prior application at the September 20, 2006, meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 79.000 BUDGETED: Yes ~ No COST TO COUNTY: $ 00 SOURCE OF FUNDS: 100% Grant Funded REVENUE PRODUCING: Yes~ No . AMOUNT PER Year $ 79.000.00 ;a:: ,v APPROVED BY: County Atty ~ 0 /Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 . , MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FL Dept. of State, DUS Contract #_ Effective Date: October 1, 2007 Expiration Date: September 30, 2008 Contract Manager: Norma Kula 7349 Libra /#23 (Name) (Ext.) (Department/Stop #) A enda Deadline: Se 1. 4, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ 79,000.00 Current Year Portion: $ 79,000.00 Budgeted? Yes[8J NoD Account Codes: - - - - ----- Grant: $ 79,000.00 - - - - ----- County Match: $ -00- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $-OO-/yr For: (Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out . Needed . ~ 9,,1 Division Director d I Y esO No~ .' , 0 RiSkM'i/ent qlf:cn YesONoG 1.2~ . O.M.B./Purchasing _ YesO NO~ ~ - County Attorney 8'J..,h'-Yes~ No{3'. '_~. -~.:J. ~ ' Comments: OMB Form Revised 2/27/01 MCP #2 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) MONROE COUNTY BOARD OF COMMISSIONERS (Name of library governing body) Governing body for MONROE COUNTY PUBLIC LIBRARY (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. Page 1 of 5 In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 2 15.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor GeneraL If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at www.fsaa.state.fLus. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. The Department of State at the following addresses: Department of State Grants Office Division of Library and Information Services R. A. Gray Building, 2nd Floor 500 South Bronough Street Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by Page 2 of 5 the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities Page 3 of 5 performed under this agreement and shall investigate all claims at its own expense. I. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. J. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. Page 4 of 5 . n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. , IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Florida Department of State Chief Executive Officer Division of Library and Infoonation Services Typed Name Typed Name Date Date Cler1< or Chief Financial Officer Witness Typed Name and Title of Official Date Date ---_._._~- --_.~_.- --~- _~ONROE COUNTY MTORNEY ~._-- - PPROVEO .Il,S) T~~ ). .. r~ TIo..!:f'\'L 71" CLI;:;SEL ASSISTANT.CU:.JN1'1 ATTORNEV Date Sf~~y~~ Page 5 of 5 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2007-2008 STATE AID TO LIBRARIES GRANT APPLICATION File by October 1, 2007 Check One: X Single County Library _ Municipal Library _ County Participating in a Multicounty Library The MONROE COUNTY BOARD OF COMMISSIONERS (name of library governing body) governing body for the MONROE COUNTY PUBLIC LIBRARY (name of county or rnunicipallibrary) Complete either Section 1A or 1B as applicable. 1A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 2005 and ending September 30, 2006 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 2005 and September 30, 2006. $ 2.581.980.08 Form #DLlS/SA01 page 1 of 3 Effective 12-28-2003 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES EXPENDITURE OR APPROPRIATION REPORT Library Name: MONROE COUNTY PUBLIC LIBRARY II. Check Applicable X Expenditure Report - October 1, 2005- September 3D, 2006 _ Appropriation Report - October 1, 2007 - September 30, 2008 (Provide appropriation onlv if the applicant is a newly established publiC library in the first two years of operation.) EXPENDITUREI FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personal $2,014,466.34 $2,014,466.34 Services 30 Operating $306,860.24 $34,623.50 $341,483.74 Expenses 60 Capital Outlay $260,653.50 $73,261.50 $333,915.00 (Non-Fixed) Other Total for the $2,581,980.08 $107,885.00 $2,689,865.08 operation & maintenance of the library (Record this amount on page 1) 60 Capital Outlay (Fixed, including purchase or construction of a library building or quarters) Form #DLtS/SA01 page 3 of 3 Effective 12-28-2003 Library Name: MONROE COUNTY PUBLIC LIBRARY 1B Certification of Local Operating Appropriations (Complete this section onlv if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2007 and ending September 30, 2008 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2007 and September 30, 2008. $ SIGNA lURES: , 1/ .'~d (i;f Single Library Admlnls Ive Head M. Randle FitzQerald Norma Kula Typed Name Typed Name 8/29/07 08",11 W Ifn Date Form #DLlS/SA01 page 2 of 3 Effective 12-28-2003 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9-19-2007 Division: Community Services Bulk Item: Yes l No - Department: Social Services Staff Contact Person: Janice Drewing, x4522 AGENDA ITEM WORDING: Approval of2207 - 2008 Nutrition Services Incentive Program (NSIP) (formerly USDA) Rate Agreement, Contract #US-851 between the Alliance for Aging and the Monroe County Nutrition Program. ITEM BACKGROUND: The NSIP Rate Agreement reimburse the Monroe County Nutrition County Program for meals provided to older adult clients over 60 years old who receive food at the 4 Congregate Nutrition Sites of Home Delivered Meals. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment #001 of the Nutrition Services Incentive Program (NSIP) Contract #KZ 751 on November 15,2006. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL COST:approx. $33,801.56 Yes X No - COST TO COUNTY: Reimbursed SOURCE OF FUNDS: USDA (Agriculture) REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - YEAR APPROVED BY: County Atty ff OMB/Purchasing ~ Risk Manage~n~_ DOCUMENT A TION: Included X ~ Required To Follow DISPOSITION: ----- ACENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract NSIP (formerly USDA) Contract #US-851 Effective Date: October I, 2007 Expiration Date: January 31, 2009 Contract Purpose/Description: Reimburses the Monroe County Nutrition Program for Meals served for Congregate (Meal Site) and Home Delivered Meal Program Clients who are over 60 years of age. 4592 Social Services/Stop I (Ext.) (Department/Stop #) For BOCC meeting on 9/19/2007 Agenda Deadline: 9/4/2007 CONTRACT COSTS Total Dollar Value of Contract: approx. $33,801.56 Current Year Portion: $_33,801.56 Budgeted? Yes X No D Account Codes: 125 - 6153 I 07 -331620H - -- - - 125 -61532 -07 -331620H - - County Match: - 0 - - - - - - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Changes Date Out 17~/d1 Needed ~. ~) Division Director Yes D No Risk Mana~ent~ q.4.0~ Yes D No~ 9.L[-01) O~B./Pu Cha~~~ qI4(O:t Yes D Nog ~~ 4/4/D County Attorney tJ3J,)ay Yes D Norr /);, tu~ 't) (~d~fl 1liJo1- Comments: OMB Form Revised 2/27/01 MCP #2 August 29, 2007 Contract Number US-851 NUTRITION SERVICES INCENTIVE PROGRAM 2007 -2008 CONTRACT THIS CONTRACT is ent(:;red into between the Alliance for Aging, Inc. hereinafter referred to as the "l\lIiance", and Monroe County Board of Commissioners, hereinafter referred to as the "recipient". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the recipient Agreement No. PA-729, and its successor, incorporated herein by reference I. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delmeated, or otherwise cause the planning, development. and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment Lof this agreement B. Requirements of Section 287, Florida Statutes: These requirements are herein incorporated by referenc>9 C. Final Request for Payment: The Recipient must subrnit the final request for paynlent to rhe AI!iance no more than 30 days after the contract ends or is terrninated: if the Recipient fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until ai' reports due from Hle Recipient. and necessary adjustments then9to, have been approved by the Alliance. D. Additional Reporting Requirements: 1. If the Alliance has sr3nctioned the :-ecipient while the sanctions are in effect the recipient shall prO\ii(je to the Alliance, on a monthly basis, the recipient's financial stClt(~:'nents that reflect the current. un.-audited revenues and '?xpenditures and the recipienfs cash position as wel! as any other docun,entatiorl th;::;t rY'ay be requested by tile Alliance - -- --- --- --- ---2--#-+Re-rccir:;icnt is requi:-ed to prepare a corrective action ~------ supponin;; docurnentat!on as re(l'A:~sted by the f\!ilance srraii be provided II. Tile Alliance Agrees: A. Contract Amount: To pay for ~3er\/!ces aCCC:[iJI .. '-' ! l;l an 31110unt (,ot to e<u:?ed $33,301.56 to H-1e a\.ladabdity ,~.}f funds August 29, 2007 Contract Number US-851 B. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature and passed through the Department of Eider Affairs. C. Source of Funds: The costs of services paid under any other contract or from any oHler source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consist of the following: Program Title Year 'Funding I CFDA# fFund Amounts Source : Nutrition Services 2007 2008 OAA 10.570 $33.801.56 ! Incentive Program L__ TOTAL FUNDS CONTAINED IN THIS CONTRACT:I~3-3~80~56.---1 I I III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on October 1, 2007. 2. Delivery of services shall end on September 30, 2008. This contract shall end on Janua!'Y_31, 2009. See Attachment I, Section 111.E. B. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III.B. and Section III. C of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pass through language contained in Section I.S.1. of the Master Agreement, the recipient maintains responsibl!ity for the performance of all sub-recipients in accordance with all applicable federal and state laws. -------------..-- D. Notice, Contact, and Payee Information: 1 The name, address. and telephone number of the contract rnanager for the Alliance for this contract is: Max B Rothman. JD, LL M. Pres:denUCEO 9:-500 South Dadeland BOL.:!evard, Scute ll()O Miami. FL 33156 i 305) 670-6500 .., - August 29, 2007 Contract Number US~851 2. The name. address. and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Deb Barsell GA TO Building - 1100 Simonton Street Key West FL 33040 (305) 292-4573 3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract 4. The name (recipient name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Monroe County Board of Commissioners GATO Building - 1100 Simonton Street Key 'Nest, FL 33040 (305) 292-4573 E. Renegotiation or Modification: 1. Modifications or changes to the funding in this contract and cor-responding services related to the increase or decrease. may be made in the form of a written Notice of Award Increase/Decrease signed by the Alliance's President and Director of ,A.dministration The Board President or its Designee of the recipient shall sign the Notice of Award Increase/Decrease and return it to the Alliance within fourteen (14) days or sooner If requested by the Alliance By signing Notice of Award Increase/Decrease. the Board Pr-esident or its Designee of the recipient acknowledges the receipt of and agreement with the terms contaiiled In the Notice. 2. Upon Receipt of a Notice of Award Incr-easelDecrease. the recipient shall update affected information in budget SLiITlrnal!es jeliverable schedules, unit rate information contained in the i lfiit cost methodology or any other applicable financial Information :::ontained In the service provider 3pplication or required In this contract ThiS shall be done Within ten working days or receipt of SiJch notice. , , August 29, 2007 Contract Number US-851 IN WITNESS THEREOF, the parties hereto have caused this 7 -paqe contract to be executed by their undersigned officials as duly authorized, RECIPIENT: MONROE COUNTY BOARD OF ALLIANCE FOR AGING INC. COMMISSIONERS BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: SIGNED BY: ~--_.~- - .'. ------..----.----.---...-.-- - - +--.--'... -- --..-----...,,---..--.-- -....-.-..-".'- Max 8. Rothman, JD, NAME: NAME: LLM. ------__._"_0'.."----------.'.-.- ~.____._,~._ _ TITLE TITLE President / CEO ___. ._. _.__.,,_._________._.__,..._...__._ ___ ._ .'. _n_ _________ _0' ___'_ -- . ,_____'___m__ - - ------'---.- DATE DATE _____..__._..____,___.____n_.._. '_'_ON _____._..___...__. __ FEDERAL 10 NUMBER: 59-6000749 EY RECIPIENT FISCAL YEAR END DATE 09/30 J August 29, 2007 Contract Number US-851 ATTACHMENT I NUTRITION SERVICES INCENTIVE PROGRAM I. STATEMENT OF PURPOSE The Nutrition Services Incentive Program (NSIP) is authorized by Section 311 of the Older Americans Act of 2000, as amended. The NSIP is the new name for the former United States Department of Agriculture (USDA) cash or commodity program known as the Nutrition Program for the Elderly. NSIP provides reimbursement for the purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Older Americans Act Title III contracts. II. SERVICES TO BE PROVIDED A. Services: Upon receipt of a prior authorization for services from Alliance staff, to provide the fo!!owing services: The purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Title III contracts for nutrition services vVlth the Recipient. Prior authorization for these services will be provided by the Alliance. B. Manner of Service Provision: The services will be provided in a manner consistent vvith and described in tile recipient's service provider application update for federal fiscal year 2006 and the Department of Elder AffaIrs Home and Community.Based Services Handbook. In the event the handbook is revised such revision will automatically be incorporated into the contract and the recipif3nt \vill be given a copy of the revisions. III. METHOD OF PAYMENT A. This is a fixed rate contract. The !\lliance shall make payment to the recipient for provision of services up to a maximum nurnb~?r of units of ______________ c~Arvic:A .8nd at the prospective rate stated below: ------..-- Service to be Provided Units of Unit Rate fV1aximum Service Units Eligible Congregate and r-i(J(r}(~ [)eji\/ei^(~C1 r\/leals 1 unit = 1 (neal 063 (353 The prospective rate :s based on the estimateci OAA grant ;],;v3rd -, August 29, 2007 Contract Number US-851 B. All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information Registration and Tracking System (CiRTS) policy regarding data entry for reimbursable meals, All requests for reimbursement shall include: I, The request for reimbursement shall be submitted on OOEA Form 117, Request for Reimbursement, USDA Cash-In-Lieu of Commodities. ^' OOEA Form 118, PSA/Recipient Monthly Meals Report must be submitted with the request for reimbursement. 3. A CIRTS report must be submitted with OOEA Forms 117 and 118 as supporting documentation for the total number of meals reported. The CIRTS report must match the number of meals I"eported on OOEA Form 118, 4. Duplication or replication of the OOEA forms 117 and 118 via data processing equipment is permissible but replication must include all data elements in the same format as included on the departmental forrns. :;; The due date for the request for reimbursement and report( s) stlall be no later than the 20th day of the month following the month being reported. C. Invoices will be in sufficient detail for a proper pre-audit and post-audit thereof. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Departrnent of Elder Affairs or the Alliance, upon request. D. Additional Reporting Conditions: 1, This contract is for services provided during the 2008 Federal Fiscal Year beginning October 1, 2007 through Septernber 30, 2008: however, the contract is in effect through January 31 2009. The additional four months (October 1, 2008 through January 31 20(9) ------------- 3re tn allow rates to be adj'lst.-:>rj for the twei\/e-month '3er\ii(~e ('Prloe! ---- - ------ ---- -- Retroactive rates will be based on the final OM grant aW3Id divided by the total eligible nieals reported in F10nda This contract shall automatically terrrnnate after the final rate for the federal fiscal year ',as been established and the Department of Eider ,6Jfairs authonzrss the release of final payrnents. ,..., in the eVt3nt triat the fiiial reii1lbursement rate is greater or tr'an <- the rate in ;\ttachrnent I. Section !IIA, then this contract shail ;x=: " August 29, 2007 Contract Number US-851 appropriately adjusted and the final rate shall be effective for the entire contract period upon notice from the department's contract manager. E. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section l. T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulation: 1. The recipient agrees to comply with applicable parts of Florida Statutes, Rule 58A-1, Florida administrative code and the Department of E/der Affairs Home and Community-Based Services Handbook. 2. The Alliance and recipient agree to provide services and irriplen;ent the provisions of this contract in accordance with Federal, State, and Loca/laws, rules, regulations, and pOlicies that pertain to the Nutrition Services Incentive Program cash payments and Older l\rr:encans Act -..--------------------------- --------- ---- ----..--.. -..-..------ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Budget & Finance Bulk Item: Yes X No - Department: Office of Management & Budget Staff Contact PersonlPhone #: Ernie Coughlin- 4315 AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: N/A SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year - APPROVED BY: County Atty 1L OMBIPurchasing X Risk Management N/ A DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 0 '" <D '" m '" f- 0 0 0 0 '" <D 0 '" m m " " 0 '" '" 0 0 '" 0 '" 0 0 0 0 0 '" " 0 '" '" <D '" oi '" '" 0 m '" '" 0 '" Z 0 '" '" oi o:i c:i o:i m 0 0 0 :J <0 <0 '" c:i '" c:i o:i c:i c:i '" '" '" 0 m o:i o:i oi oi o:i m c:i '" oi "' N m m <D '" '" '" '" '" '" '" '" <D 0 '" 0 " " m 0 '" '" " '" <D " '" m 0 ",- '" '" <D '" '" '" 0 ;;; <D ;:: '" '" '" 6 m ",- ",- ",- m- '" '" :;: 6 6 ,,- ",- '" 6 ",- ",- ",- '" 0 0; " '" ",- ",- ",- ",- 10 '" 6 ",- ",- ",- <D- ",- <( ;;; ;;; " <fl '" '" " '" <fl m <D " "'- '" '" ;;; ;;; '" <D <fl <fl <fl '" <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl <fl C C C C C C C C C Q) Q) Q) Q) Q) Q) Q) Q) Q) E E E E E E E E E Q) Q) Q) Q) c Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) 0, 0, 0, 0, Q) 0, 0, 0, 0, 0, E ~ '" '" '" '" Q) '" '" '" '" '" z c c c c Q) c c c c c Qj C/l0 i" '" '" '" 0, '" i" i" i" i" <: :J>= m 0, 0, 0, <( 0, m m m m 0 ou " " " :g :g :g :g :g :g :g :g :g :g :g :g :g " c :g :g " " " :g " " 'iij 5<( Q) Q) Q) 0 0 0 0 0 0 0 0 0 0 0 0 0 Q) '" 0 0 Q) Q) Q) 0 Q) Q) ,~ wu > > > z z z z z z z z z z z z z > i9 z z > > > z > > 0 0 0 0 0 0 0 0 0 E o::u "- "- "- "- " "- "- "- "- "- D..o "- "- "- "- Q) "- "- "- "- "- E lD '" '" '" '" > '" '" '" '" '" 0 >- >- >- >- 0 >- >- >- >- >- U U5 U5 U5 U5 "- U5 U5 U5 U5 U5 " " " " "- " " " " " >- 0 0 0 0 <( 0 0 0 0 0 'E .> .> .> .> .> .> .> .> .> Q) Q) Q) Q) Q) Q) Q) Q) Q) ::l 0: 0: 0: 0: 0: 0: 0: 0: 0: 0 u '0 "E 0 "" "" 1i) Vl III Vl Vl Vl " " Vl Vl Vl " 0 z Vl Vl Vl " " " Vl Vl Vl 1il 1il " " " m c III :J c c c Vl Vl Vl Vl Vl Vl C C C " " ~ ~ ~ " " " ~ ~ ~ ~ ~ ~ ~ :;: :;: ~ ~ " " " " 0 "" "" "" LL LL LL "" LL LL LL []] LL >- 0:: " " " > > > c c " > > > '" c 'E Cl 1il 1il 1il LL LL LL Q) Q) Q) LL LL LL LL LL LL LL i" i" LL LL 1il Q) Q) Q) 0 '" ::l >:: :;: :;: E ~ ~ ~ 0:: 0:: 0:: ~ ~ ~ ro ro ro ro Cl Cl ro ro :;: 0:: 0:: 0:: >- i9 0 u ro ro ro c c c c c c ro ro ro LL <( c c U 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 c "- ~ U i" i" LL "' "' "' c c c "' "' "' "' "' "' "' "' "' i" c c c " lD Cl Cl 0.. 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'0 0:: .0 .0 .0 .0 .0 .0 .0 .0 u ~ ~ ~ ~ ~ ii; ~ ii; ~ ~ Qj C/l ~ ~ ~ ~ ~ ii ~ ii ~ ~ :; W 0 g g "'C '0 '0 '0 '0 '0 '0 '0 '0 Qj Q) Q) ..c: "- "- "- "- "- oS "- oS "- "- U .ij) .ij) .ij) .ij) .ij) g> .ij) g> .ij) .ij) (/) " " " " " " " " ~ ~ ~ ~ ~ .c ~ .c ~ ~ E E E E E ii; E ii; E E g g .E .E .E .E .E 0 .E 0 .E .E " " c c c c c c c c c c 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" '" '" '" '" '" '" '" '" '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 ro ro ro ro ro ro ro ro ro ro > > > > > > > > > > 0 0 0 0 0 0 0 0 0 0 "- "- "- "- "- "- "- "- "- "- o. o. o. o. o. o. o. o. o. o. <( <( <( <( <( <( <( <( <( <( :;: '" CO '" 0 '" '" " '" CD W ;;; ~ '" '" '" '" '" '" '" '" '" OMB Schedule Item Number 1 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #160 Environmental Restoration From: 160-5370-52002-530460 Repair & Maint Cost Center # 52002 Env. Restoration For the Amount: $10,496.00 To: 160-5810-86544-590125 Budgeted Transfers Cost Center #86544 Budgeted Transfers 160 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro - Mayor Pro Tern Spehar - Commissioner Neugent Commissioner McCoy - Commissioner Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item I fund 160 tmsfr fin 52002 to 86544 590125 grant match OMB Schedule Item Number 2 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 52003 Exotic Plant Control Project # GW0602 Exotic Pint. Ctrl/FK-069 GW0603 Exotic Pint. Ctr1/FK-073 Function # 5300 Activity # 5370 Official Division # 1015 Revenue: 125-52003-381160GT -GW0602 Transfer fm Fund 160 8,696.00 125-52003-381160GT -GW0603 Transfer fm Fund 160 1.800.00 Total Revenue: 10,496.00 Appropriations: 125-52003-530490-GW0602-51 0120 Regular Salaries 8,696.00 125-52003-530490-GW0603-530490 Miscellaneous Expenses 1,800.00 Total Appropriations: ] 0,496.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 2 uantcp 52003 gw0602, gw0603 plO29 exotic plant OMB Schedule Item Number 3 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #404 Key West Int'I Airport From: 404-5420-63003-560620 Capital Outlay-Bldg. Cost Center # 63003 KW Passenger Facility Chg For the Amount: $44,963.00 To: 404-5810-86505-590403 Budgeted Transfers Cost Center #86505 Budgeted Transfers 404 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the] 9th day of September, AD 2007. Mayor Di Gennaro - Mayor Pro Tern Spehar - Commissioner Neugent - Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 fund 404 tmsfr fm 63003 to 86505 590403 grant match OMB Schedule Item Number 4 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #504 Fleet Management Fund From: 504-5190-23501-510240 Worker's Comp Cost Center # Fleet Mgt Svc Adm For the Amount: $3,500.00 To: 504-5190-23502-510120 Regular Salaries & Wages Cost Center #23502 Fleet Mgt Svc Fuel BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar - Commissioner Neugent - Commissioner McCoy - Commissioner Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 4 fund 504 trnsfr fm 2350 I to 23502 OMB Schedule Item Number 5 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #001 General Fund From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $119,400.00 To: 001-5120-05000-510120 Cost Center # 05000 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $10,000.00 To: 001-5190-20000-510120 Cost Center # 20000 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $3,870.00 To: 001-5130-06030-510120 Cost Center # 06030 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $14,066.00 To: 001-5130-06500-510120 Cost Center # 06500 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $5,000.00 To: 001-5370-50005-510120 Cost Center # 50005 Item 5 fund 00 I trnsfrs I From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $3,621.00 To: 001-5130-60000-510120 Cost Center # 60000 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $14,000.00 To: 001-5620-61504-510120 Cost Center # 61504 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $41,000.00 To: 001-5110-00101-510120 Cost Center # 00101 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $10,000.00 To: 001-5690-61525-510120 Cost Center # 61525 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $12,000.00 To: 001-5710-62023-510120 Cost Center # 62023 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $4,200.00 To: 001-5130-62500-510120 Cost Center # 62500 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $17,000.00 To: 001-5530-67001-510120 Cost Center # 67001 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $6,700.00 To: 001-5530-67003-510120 Cost Center # 67003 From: 001- 5540-65004-510240 Worker's Comp Cost Center # 65004 Item 5 fund 001 tmsfrs 2 For the Amount: $20,000.00 To: 001-5250-04537-510130 Cost Center # 04537 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 5 fund 001 tmsfrs 3 OMB Schedule Item Number 6 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #153 SHIP - Local Housing Assistance From: 153-0101105-530490 Admin To: 153-0100605-530492 Shelter For the amount: $24,124.68 From: 153-0101106-530490 Admin To: 153-0100606-530492 Shelter For the amount: $17,875.07 From: 153-0101207-530490 Rental Rehab To: 153-0100607-530492 Shelter For the amount: $14,347.00 From: 153-0101107-530490 Admin To: 153-0100607-530492 Shelter For the amount: $14,484.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tem Spehar - Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 6 fund 153 trnsfrs OMB Schedule Item Number 7 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #158 Misc. Spec. Revenue Fund Revenue: 158-348141SC Misc. Special Revenue Fund $11,869.62 ------------ Total Revenue $11,869.62 Appropriations: 158-5640-04586-530340 Other Contractual Service $11,869.62 ---------- Total Appropriations: $11,869.62 Revenue: 158-348142SC Misc. Special Revenue Fund $11,869.61 ------------ Total Revenue $11,869.61 Appropriations: 158-5810-86549-590001 Budgeted Transfers $11,869.61 ---------- Total Appropriations: $11,869.61 Revenue: 158-348143SC Misc. Special Revenue Fund $11,869.61 ------------- Total Revenue $11,869.61 Appropriations: 158-5210-68627-530340 Other Contractual Service $11,869.61 ----------- Total Appropriations: $11,869.61 Item 7 unant fund 158 crim add costs page 1 Revenue: 158-348144SC Misc. Special Revenue Fund $11,869.62 ----------- Total Revenue $11,869.62 Appropriations: 158-6010-82506-530340 Other Contractual Service $11,869.62 ----------- Total Appropriations: $11,869.62 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 7 unant fund 158 crim add costs page 2 OMB Schedule Item Number 8 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #158 Misc Spec Rev Fund Cost Centers# 82507 Judicial Ct. Tech FS 28.24(12)(e) 50% 69601 St Arty Ct. Tech FS 28.24(12)(e) 30% 69801 Pub DefCt. Tech FS 28.24(12)(e) 20% Revenue: 158-82507 -341113SC Svcs-Ct. Tech $26,425.00 ------------- Total Revenue $26,425.00 Appropriations: 158-6010-82507-560640 Capital Outlay Equipment $26,425.00 ---------- Total Appropriations: $26,425.00 Revenue: 158-69601-341114SC Svcs-Ct. Tech $15,855.00 ------------ Total Revenue $15,855.00 Appropriations: 158-6020-69601-560640 Capital Outlay Equipment $15,855.00 ------ Total Appropriations: $15,855.00 Revenue: 158-69801-341115SC Svsc-Ct. Tech $10,570.00 ----------- Total Revenue $10,570.00 Appropriations: 158-6030-69801-560640 Capital Outlay Equipment $10,570.00 --------- Total Appropriations: $10,570.00 Item 8 unant fund 158 Court Technology pagel BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 8 unant fund 158 Court Technology page2 OMB Schedule Item Number 9 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund # 158 Misc Special Rev Fund Revenue: 158-62036-352100SR Fines Library Lost Books 272.15 158-62036-352200SR Fines Library Overdue Books 2,688.60 ------------ Total Revenue 2,960.75 -- Appropriations: 158-5710-62036-560660 Lib Mat 2,960.75 ------------ Total Appropriations: 2,960.75 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 9 unant 15862036 Lib Fines OMB Schedule Item Number 10 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Momoe County, Florida, to make budgeted transfers in the Momoe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Momoe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #001 General Fund Fro m: 001-5130-69000-510240 Worker's Comp Cost Center # 69000 For the Amount: $142,790.00 To: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 From: 001-5130-69200-510240 Worker's Comp Cost Center # 69200 For the Amount: $28,867.80 To: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 From: 001-6020-69600-510240 Worker's Comp Cost Center # 69600 For the Amount: $14,468.00 To: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 From: 001-6510-82007-510240 Worker's Comp Cost Center # 82007 For the Amount: $3,357.00 To: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 From: 001-6050-80002-510240 Worker's Comp Cost Center # 80002 For the Amount: $1,911.00 To: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 From: 001 -6230-83500-510240 Worker's Comp Cost Center # 83500 For the Amount: $20,701.00 To: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 From: 001- 5250-10501-510240 Worker's Comp Item 10 fund 001 tmsfrs to 85500 Reserves 1 Cost Center # 10501 For the Amount: $23,298.74 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001- 5130-04318-510240 Worker's Comp Cost Center # 04318 For the Amount: $7,900.00 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001- 5610-61503-510240 Worker's Comp Cost Center # 61503 For the Amount: $26,057.42 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001- 6850-04100-510240 Worker's Comp Cost Center # 04100 For the Amount: $19,530.00 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5370-61000-510240 Worker's Comp Cost Center # 61000 For the Amount: $8,080.00 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-6220-83001-510240 Worker's Comp Cost Center # 83001 For the Amount: $17,460.00 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5640-61502-510240 Worker's Comp Cost Center # 61502 For the Amount: $460.14 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5720-20502-510240 Worker's Comp Cost Center # 20502 For the Amount: $578.28 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5140-67501-510240 Worker's Comp Cost Center # 67501 For the Amount: $12,883.77 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5710-62032-510240 Worker's Comp Cost Center # 62032 For the Amount: $8,395.75 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5710-62030-510240 Worker's Comp Cost Center # 62030 Item 10 fund 001 tmsfrs to 85500 Reserves 2 For the Amount: $5,015.23 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5710-62028-510240 Worker's Comp Cost Center # 62028 For the Amount: $13,983.85 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5710-62024-510240 Worker's Comp Cost Center # 62024 For the Amount: $41,478.86 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 Fro m: 001-5340-40501-510240 Worker's Comp Cost Center # 40501 For the Amount: $5,888.10 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5410-22001-510240 Worker's Comp Cost Center # 22001 For the Amount: $132,037.50 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5190-20501-510240 Worker's Comp Cost Center # 20501 For the Amount: $142,021.47 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5220-12001-510240 Worker's Comp Cost Center # 12001 For the Amount: $26,000.00 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5640-61501-510240 Worker's Comp Cost Center # 61501 For the Amount: $39,435.37 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5130-05002-510240 Worker's Comp Cost Center # 05002 For the Amount: $26,407.00 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 From: 001-5250-13500-510240 Worker's Comp Cost Center # 13500 For the Amount: $21,054.99 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 Item IO fund OOI tmsfrs to 85500 Reserves 3 From: 001-5540-65004-510240 Worker's Comp Cost Center # 65004 For the Amount: $135,377.95 To: 001-5130-85500-590995 Reserves Cost Center #85500 Reserves 001 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 10 fund 001 trnsfrs to 85500 Reserves 4 OMB Schedule Item Number 11 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #148 Plan, Build, Zoning From: 148-5220-12000-510240 Worker's Comp Cost Center # 12000 For the Amount: $60,000.00 To: 148-5220-14000-510120 Cost Center # 14000 From: 148-5220-12000-510240 Worker's Comp Cost Center # 12000 For the Amount: $44,500.00 To: 148-5140~7502-510120 Cost Center # 67502 From: 148-5220-12000-510240 Worker's Comp Cost Center # 12000 For the Amount: $4,300.00 To: 148-5370-53000-510120 Cost Center # 53000 From: 148-5220-12000-510240 Worker's Comp Cost Center # 12000 For the Amount: $31,002.28 To: 148-5240-52500-510120 Cost Center # 52500 From: 148-5240~0500-510240 Worker's Comp Cost Center # 60500 For the Amount: $48,998.00 To: 148-5240-52500-510120 Cost Center # 52500 From: 148-5240-60500-510240 Worker's Comp Cost Center # 60500 For the Amount: $23,000.00 To: 148-5370-53000-510120 Cost Center # 53000 From: 148-5240-60500-510240 Worker's Comp Cost Center # 60500 For the Amount: $14,449.67 To: 148-5130-85525-590995 Cost Center # 85525 From: 148-5130-50001-510240 Worker's Comp Cost Center # 50001 For the Amount: $58,520.29 To: 148-5810-86509-590125 Cost Center # 86509 From: 148-5150-50002-510240 Worker's Comp Cost Center # 50002 For the Amount: $17,421.00 To: 148-5130-85525-590995 Cost Center # 85525 Item I I fund 148 trnsfrs page 1 From: 148-5370-62610-510240 Worker's Comp Cost Center # 62610 For the Amount: $13,435.00 To: 148-5130-85525-590995 Cost Center # 85525 From: 148-5150-50500-510240 Worker's Comp Cost Center # 50500 For the Amount: $204,960.66 To: 148-5130-85525-590995 Cost Center # 85525 From: 148-5150-51500-510240 Worker's Comp Cost Center # 51500 For the Amount: $10,129.00 To: 148-5130-85525-590995 Cost Center # 85525 From: 148-5370-52000-510240 Worker's Comp Cost Center # 52000 For the Amount: $78,012.46 To: 148-5130-85525-590995 Cost Center # 85525 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 11 fund 148 tmsfrs page 2 OMB Schedule Item Number 12 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #147 Uninc Svc Dist Parks & Rec From: 147-5720-20503-510240 Worker's Comp Cost Center # 20503 Uninc Parks & Beaches For the Amount: $91,933.69 To: 147-5130-85524-590990 Reserves Cost Center # 85524 Reserves 147 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 12 fund 147 tmsfr to 85524 Reserves OMB Schedule Item Number 13 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #141 Fire & Amb Dist 1 L&M Key From: 141-5130-85520-590990 Other Uses Cost Center # 85520 For the Amount: $105,000.00 To: 141-5220-11500-510120 Cost Center # 11500 From: 141-5130-69001-530490 Miscellaneous Cost Center # 69001 For the Amount: $10,000.00 To: 141-5260-13001-510120 Cost Center # 13001 From: 141-5130-69201-530490 Miscellaneous Cost Center # 69201 For the Amount: $743.25 To: 141-5260-13001-510120 Cost Center # 13001 From: 141-5130-85520-590990 Other Uses Cost Center # 85520 For the Amount: $329,257.00 To: 141-5260-13001-510120 Cost Center # 13001 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 13 fund 141 tmsfrs OMB Schedule Item Number 14 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #101 Fine & Forfeiture Fund From: 101-5230-04590-530490 Miscellaneous Cost Center # 04590 For the Amount: $398,670.87 To: 101-5130-85503-590990 Reserves Cost Center # 85503 Reserves 101 From: 101-5260-11001-530340 Other Contractual Cost Center # 11001 For the Amount: $100,000.00 To: 101-5130-85503-590990 Reserves Cost Center # 85503 Reserves 101 From: 101-5230-20505-510240 Worker's Comp Cost Center # 20505 For the Amount: $65,745.12 To: 101-5130-85503-590990 Reserves Cost Center # 85503 Reserves 101 From: 101-5210-68629-510240 Worker's Comp Cost Center # 68629 For the Amount: $605,541.00 To: 101-5130-85503-590990 Reserves Cost Center # 85503 Reserves 101 From: 101-5230-68630-510240 Worker's Comp Cost Center # 68630 For the Amount: $485,334.00 To: 101-5130-85503-590990 Reserves Cost Center # 85503 Reserves 101 From: 101-5210-68631-510240 Worker's Comp Cost Center # 68631 For the Amount: $72,909.00 To: 101-5130-85503-590990 Reserves Cost Center # 85503 Reserves 101 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. Item 14 fund 101 tmsfr to 85503 Reserves page 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 14 fund 101 trnsfr to 85503 Reserves page 2 OMB Schedule Item Number 15 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Momoe County, Florida, to make budgeted transfers in the Momoe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Momoe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #163 Court Facilities Fees-602 From: 163-7120-81501-560640 Capital Outlay Equipment Cost Center # 81501 Courthouse Facilities For the Amount: $33,728.84 To: 163-5810-86550-590307 Budgeted Transfers Cost Center # 86550 Budgeted Transfers 307 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 15 fund 163 tmsfr fm 81501 to 86550 OMB Schedule Item Number 16 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #307 2003 Revenue Bonds Cost Center # 24003 New Judicial Bldg Function#5100 Official Div#1013 Revenue: 307-381163GT Transfer from Fund 163 $33,728.84 ------------- Total Revenue $33,728.84 Appropriations: 307 -5130-24003-560620-CE060 1-530340 Other Contractual Svcs $33,728.84 ------------- Total Appropriations: $33,728.84 ---- ---- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 unant Fund 307 24003 OMB Schedule Item Number 17 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153806 - Community Care for the Elderly Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153806-381001GT Transfer fm General Fund 001 17,639.00 ------ Total Revenue 17,639.00 -- Appropriations: 125-6153806-510120 Other Salaries & Wages 17,639.00 ------- Total Appropriations: 17,639.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent - Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 17 unant cce kc-67 I 6153806 OMB Schedule Item Number 18 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153606 - Alzheimer's Disease Initiative Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153606-381001 GT Transfer fm General Fund 001 13,839.93 ------- Total Revenue 13,839.93 Appropriations: 125-6153606-510120 Other Salaries & Wages 13,839.93 ------ Total Appropriations: 13,839.93 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent - Commissioner McCoy Commissioner Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 18 un ant adi kz-697 6153606 OMB Schedule Item Number 19 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #149 Municipal Policing From: 149-5130-69207-530490 Miscellaneous Cost Center # 69207 For the Amount: $10,304.85 To: 149-5130-85545-590990 Reserves Cost Center # 85545 Reserves 149 From: 149-5210-04319-510240 Worker's Comp Cost Center # 04319 For the Amount: $130.00 To: 149-5130~5545-590990 Reserves Cost Center # 85545 Reserves 149 From: 149-5210-04320-510240 Worker's Comp Cost Center # 04320 For the Amount: $16,864.00 To: 149-5130~5545-590990 Reserves Cost Center # 85545 Reserves 149 From: 149-5210-04321-510240 Worker's Comp Cost Center # 04321 For the Amount: $24,470.00 To: 149-5130~5545-590990 Reserves Cost Center # 85545 Reserves 149 From: 149-5130-69007-530490 Miscellaneous Cost Center # 69007 For the Amount: $10,000.00 To: 149-5130~5545-590990 Reserves Cost Center # 85545 Reserves 149 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 19 fund 149 tmsfr to 85545 Reserves page I OMB Schedule Item Number 20 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #102 Road & Bridge Fund From: 102-5410-22500-510240 Worker's Comp Cost Center # 22500 For the Amount: $311,467.87 To: 102-5130~5504-590990 Reserves Cost Center # 85504 Reserves 102 From: 102-5190-23512-560640 Vehicle Replacement Cost Center # 23512 For the Amount: $9,755.00 To: 102-5130-85504-590990 Reserves Cost Center # 85504 Reserves 102 From: 102-5410-22002-510240 Worker's Comp Cost Center # 22002 For the Amount: $213,575.71 To: 102-5130~5504-590990 Reserves Cost Center # 85504 Reserves 102 From: 102-5410-22507-510240 Worker's Comp Cost Center # 22507 For the Amount: $45,000.00 To: 102-5130~5504-590990 Reserves Cost Center # 85504 Reserves 102 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September. AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 20 fund 102 tmsfr to 85504 Reserves OMB Schedule Item Number 21 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #157 Boating Improvement Fund From: 157-5370-62520-530340 Other Contractual Svcs. Cost Center # 62520 Boating Improvement For the Amount: $60,000.00 To: 157-5810-86516-590125 Budgeted Transfers Cost Center #86516 Budgeted Transfers 157 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro - Mayor Pro Tern Spehar - Commissioner Neugent - Commissioner McCoy - Commissioner Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 21 fund 157 tmsfr fm 62520 to 86516 grant match OMB Schedule Item Number 22 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153107 - Older Americans Act -Cl Offcl/DiV# 1016 Function 5600 Activity 5640 Revenue: 125-6153107-3316200H Federal Grants-NSIP $ 943.65 125-6153107-369001SH Misc. Revenue $1,370.25 --------- Total Revenue $2,313.90 Appropriations: 125-6153107-530491- Food & Dietary $2,313.90 -------- Total Appropriations: $2,313.90 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 22 unant oaa c 1 6153107 rev OMB Schedule Item Number 23 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153207 - Older Americans Act -C2 Offcl/DiV# 1016 Function 5600 Activity 5640 Revenue: 125-6153207-3316200H Federal Grants-NSIP $4,144.10 125-6153207-3469030H Hmn Svc-HCBS PWB Hit $ 600.00 125-6153207-369001SH Misc. Rev. $ 524.98 -------- Total Revenue $5,269.08 Appropriations: 125-6153207-530491 Food & Dietary $5,269.08 ------- Total Appropriations: $5,269.08 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 23 unant oaa c2 6153207 rev OMB Schedule Item Number 24 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund # 001 General Fund Function#5700 Activity#5710 Official Div# 1016 Revenue: 001-62025-3668010R Donations-KW Lib $ 120.00 001-62033-3668020R Donations-BP Lib $ 2,161.00 001-62027-3668030R Donations-Marathon Lib $ 430.00 001-62029-3668040R Donations-Islamorada Lib $ 00.00 001-62031-3668050R Donations-KL Lib $ 00.00 ------------ Total Revenue $ 2,711.00 Appropriations: 001-62025-560660 KW Library Materials $ 120.00 001-62033-560660 BP Library Materials $ 2,161.00 001-62027-560660 Marathon Library Materials $ 430.00 001-62029-560660 Islamorada Library Materials $ 0.00 001-62031-560660 KL Library Materials $ 0.00 -------- Total Appropriations: $ 2,711.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 24 unant fund 001 Lib Donations OMB Schedule Item Number 25 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 05005 South FI Workforce/City ofKW portion Project# GD0701 South FI Workforce/City ofKW portion OffcI/DiV# 1010 CFDA#17.258 Function 5500 Activity 5510 Revenue: 125-05005-3315000E-GD070 1 Federal Grants-Econ Env $86,285.55 ------- Total Revenue $86,285.55 Appropriations: 125-05005-530490-GD0701-530340 Other Contractual Svcs. $86,285.55 --------- Total Appropriations: $86,285.55 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 25 unant South Florida Workforce Grant City ofKW portion OMB Schedule Item Number 26 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153007 Older Americans Act -IITB 6153207 Older Americans Act -C2 Offcl/DiV# 1016 Function 5600 Activity 5640 Revenue: . 125-6153007-3316900H Federal Grants $2,469.00 125-6153207-3316900H Federal Grants $5,053.00 -------- Total Revenue $7,522.00 Appropriations: 125-6153007-530491- Food & Dietary $2,469.00 125-6153207-530491- Food & Dietary $5,053.00 -------- Total Appropriations: $7,522.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 26 unant amend#2 AA-729 6153007 oaa3b, 6153207 oaa c2 OMB Schedule Item Number 27 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund # 501 Worker's Compensation Cost Center #07503 Workers Comp Claims Function#5600 Activity#5620 Official DiV# 1011 Revenue: 501-369401 Misc-Other-Excs Clm Reimb. $ 71,258.00 ----------- Total Revenue $ 71,258.00 Appropriations: 501-5620-07503-530543 Refunds $ 71,258.00 ------- Total Appropriations: $ 71,258.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 27 unant fund 50107503 WC Claims OMB Schedule Item Number 28 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund # 503 Risk Management Cost Center #86520 Budgeted Transfers 503 Function#5800 Activity#5810 Official DiV# 1000 Revenue: 503-369010 Misc-Other- Insurance $ 1,000,000.00 ------------ Total Revenue $ 1,000,000.00 Appropriations: 503-5810-86520-590403 Trsf to Marathon Aip-403 $ 1,000,000.00 ------------ Total Appropriations: $ 1,000,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 28 unant fund 503 Risk Mgt 86520 Bdgt Tmsf OMB Schedule Item Number 29 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153507 - Low Income Home Energy Assistance Program Low Income Home Energy Assistance Program 2007 Function 5600 Human Services Activity 5690 Other Human Services Revenue: 125-6153507 -3315000E- Fed Grant-Economic Environment $15.724.00 Total Revenue $15,724.00 Appropriations: 125-5690-6153507-530400 Travel 500.00 125-5690-6153507-530410 Phone and Postage/Freight 500.00 125-5690-6153507-530440 Rent 746.00 125-5690-6153507-530431 Home Energy Assistance 13,713.00 125-5690-6153507-530432 Weather Related/Supply 265.00 Total Appropriations: $15,724.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 29liheap mod#002 fy076153507 OMB Schedule Item Number 30 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grant Cost Center # 13502 Emergency Management Base Grant Project#GE0702 Function# 5200 Public Safety Activity#5250 Official Division#1012 Revenue: 125-13502-381001GT -GE0702 Transfer from General Fund $7,500.00 --------- Total Revenue $7,500.00 Appropriations: 125-5250-13502-530490-GE0702-510120 Regular Salaries & Wages $7,500.00 -------- Total Appropriations: $7,500.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 30 unant 13502 ge0702 base grant 07-08 match OMB Schedule Item Number 31 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center#13505 REP Project# GE0701 Revenue: 125-5250-13505-381001 GT -GE0701 Transfer fm General Fund $6,800.00 Total Revenue $6,800.00 Appropriations: 125-5250-13505-530490-GE0701-51 0120 Salaries & Wages $6,800.00 Total Appropriations $6,800.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19h day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 I unant 13505 ge070 I REP 07-08 match OMB Schedule Item Number 32 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #503 Risk Management From: 503-5290-08501-530310 Professional Services Cost Center # 08501 Risk Mgmt Admin For the Amount: $7,800.00 To: 503-5290-08503-530455 Public Official Liability Cost Center # 08503 Risk Mgmt Claims BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 32 fund 503 trnsfr fm 0850 I to 08503 OMB Schedule Item Number 33 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63561 Hurricane Wilma Function#5400 Activity#5420 Official Div# 1012 Revenue: 403-63561-381503GT Trsf Fm Risk Mgmt-503 $ 1,000,000.00 -------------- Total Revenue $ 1,000,000.00 Appropriations: 403-5420-63561-530340 Other Contract Services $ 1,000,000.00 ------------- Total Appropriations: $ 1,000,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 33 unant fund 403 Mthn Aip 63561 Wilma OMB Schedule Item Number 34 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #001 General Fund From: 001-5130-85500-590995 Other Uses Cost Center # 85500 For the Amount: $6,754.00 To: 001-5130-13500-510240 Worker's Comp Cost Center # 13500 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro - Mayor Pro Tern Spehar - Commissioner Neugent - Commissioner McCoy - Commissioner Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 34 fund 001 tmsfr fm 85500 to 13500 OMB Schedule Item Number 35 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Int'l Airport Cost Center #63001 KW O&M Function#5400 Activity#5420 Official Div# 1016 Revenue: 404-381304GT Trsf Fm Fund 304 $ 56,400.00 ------------ Total Revenue $ 56,400.00 Appropriations: 404-5420-63001-510220 Retirement Contributions $ 56,400.00 ------------- Total Appropriations: $ 56,400.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 35 unant fund 404 KW Airport 63001 OMB Schedule Item Number 36 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #180 Building Fund Cost Center# 85565 Reserves 180 Function#5100 Activity#5130 Official Div# 1000 Revenue: 180-38148GT Trsf Fm Fund 148 $ 300,000.00 ----------------- Total Revenue $ 300,000.00 ---------- ---------- Appropriations: 180-5130-85565-590991 Cash Balance $ 300,000.00 ---------------- Total Appropriations: $ 300,000.00 ---------- ---------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 36 unant fund 180 Building , . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Management Services Bulk Item: Yes [gI No D Department: Administrative Services Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Authorization for the Mayor to execute the Certificate of Acceptance of Subgrant Award for the Monroe County Jail Incarceration Program. using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September I. 2007 through August 31. 2008. ITEM BACKGROUND: Seventy-five percent funding is provided by the Florida Dept. of Law Enforcement under the Residential Substance Abuse Treatment Grant Program for inmates in correctional institutions with six to twelve months remaining on their sentences. Services provided under contract by Care Center for Mental Health. Inc. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for grant funds given at June 2007 meeting. Contract with Care Center for Mental Health also being considered at this meeting. CONTRACT/AGREEMENT CHANGES: Changes to dates only. STAFF RECOMMENDATION: Approval TOTAL COST: $66,667.00 BUDGETED: Yes [gI No D COST TO COUNTY: $]6,667.00 REVENUE PRODUCING: Yes D No [gI AMOUNT PER MONTH YEAR ~~ ~ 8~ APPROVED BY:COUNTY ATTYt6 OMB/PURCHASING D RISK MANAGEMENT DNISION DIRECTOR APPROVAL: ~ / Salvator R. a p a DOCUMENTATION: INCLUDED: [gI NOT REQUIRED: D DISPOSITION: - AGENDA ITEM #: - . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 09/01/07 Enforcement Expiration Date: 08/31/08 Contract PurposelDescription: Funds provided through FDLE Agreement for implementation of the Residential Substance Abuse Treatment Program. Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $66,667.00 Current Year Portion: $4,167.00 Budgeted? Yes X No Account Codes: 125-06019-530490-GG0809-XXXXXX Grant: $50.000.00 County Match: $16,667.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2,857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed ~ (lcr!t. Division Director '8 -i"I-ol YesD NoD Risk Mana~e~ g, (S")) J YesO NoE1 ~()) ~JlL- .~. ~ ~~ O.M.B./Purchasing ~-OI YesD No t{ )~/o7 ~t.~ County Attorney YesD No~ .'1- o'i' iloo, - Comments: - OMB Form Revised 9/11/95 MCP #2 Revised 2/95 . FDLE Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.stateJl.us , f~J~'r''r;'T\ l r~' ril j ',' ',. ,-, .' .. -' . I II;~II~~; 2~07 J l.. ._, ___._______~~--::::.--_ AUG 2 2007 The Honorable Mario Di Gennaro Mayor Monroe County Board of Commissioners County Administration Office 1100 Simonton Street Key West, FL 33040 Re: Contract No. 2008-RSAT-MONR-1-Q8-004 Dear Mayor Di Gennaro: The Florida Department of Law Enforcement is pleased to award a Residential Substance Abuse Treatment for State Prisoners grant in the amount of $ 50,000.00 to your unit of government. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service. Integrity' Respect. Quality . The Honorable Mario OJ Gennaro Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Martha McWilliams at 850/410-8700. Sincerely, ~~ll.l.~ ayto H. Wilder Administrator CHW/MKM/dh Enclosures State of Florida Office of Criminal Justice Grants Florida Department of law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2008-RSAT-MONR-1-Q8-004, in the amount of $ 50,000.00, for a project entitled, MONROE COUNTY JAIL INCARCERATION PROGRAM, for the period of 09/01/2007 through 08/31/2008, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's Conditions of Agreement and any special conditions governing this subgrant. Signature of Subgrantee's Authorized Official Typed Name and Title of Official Date of Acceptance MONROE COUNTY ATTORNEY A ROVEP AS :r.O F RM: State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: &'/-fJ'] Grant Period: From: 09/01/2007 TO: 08/31/2008 Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Grant Number: 2008-RSAT-MONR-1-Q8-004 Federal Funds: $ 50,000.00 BGMTF Funds: State Agency Match: Local Agency Match: $ 16,667.00 Total Project Cost: $ 66,667.00 Program Area: 0001 : Residential Substance Abuse Treatment Award is hereby made in the amount and for the period shown above of a grant under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, P.L 103-322, as amended, to the above mentioned subgrantee and subject to any attached standards or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 103-322, as amended. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. AUlhs!'':tt.1 ;J. ~ Clayton H. Wilder Administrator t- )- 0 7 Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # 2008-RSA T -36 Section #1 Page 1 of 2 Contract 2008-RSA T -MON R-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-f1.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # 2008-RSAT-36 Section #1 Page 2 of 2 Contract 2008-RSA T -MONR-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I General Project Information Project Title: MONROE COUNTY JAil INCARCERATION PROGRAM Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2007 End Date: 8/31/2008 Problem Identification N/A (as specified in instructions) Project Summary The Jail Incarceration Program is an in house substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has served approximately 1,000 inmates with an overall recidivism rate of thirty five percent compared to a seventy percent recidivism rate for the general population. It provides administrative and case management services as mandated by Florida Administrative code 10-E16. The last Department of Children and Families Audit reported the program being at Best Practice Standards. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in Dorm Golf the dorm has 54 beds in it. The majority of clients are court ordered by the Drug Court Judges in Monroe County. The program has established a positive reputation, working closely with the Judges, Prosecutors and lawyers to offer treatment to those who find themselves in the criminal justice system due to their addiction. New features are constantly added. One such addition is the Prochaska and DiClemente stages of Change. Each client is tracked as to which stage of change they are in and treatment is addressed appropriately. All participants have individualized treatment plans that are reviewed monthly and adjustments are made as needed. An equity of access policy was adopted this year, that makes admission polices welcoming to individuals with co-occuring disorders, inmates with learning disabilities, illiteracy and Spanish speaking inmates. This policy exists to allow access to services for all who might otherwise be denied treatment. The program is working toward CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation and has implemented strangth-based, client-centered treatment. Individualized treatment plans capitalize on the clients' strengths and look at times in their lives that things were under control and the inherent qualities they posess to aid them in recovery. The program includes: MORAL RECONATION THERAPY (MRT) - evidence based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. COMMUNICATION SKillS - based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and Application Ref # 2008-RSAT-36 Section #2 Page 1 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS TRAINING - Assessment of basic needs for education, Job searches, resume writing, addressing a felony in an interview, completing employment applications, basic budgeting. STEP GROUp. The core ideas of the first three steps of AA and NA RELATIONSHIP SKILLS GROUP - The is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. DRUG EDUCATION - fnmates learn and explore chemical dependency, how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class that assists inmates to identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high-risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Developed by Albert Ellis they learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, Post Traumatic Stress Disorder and ambivalence. ANGER MANAGEMENT - An Optional class about the responsibility of choices when angry. INDIVIDUAL COUNSELING - At intake all inmates are assigned an Primary Counselor. This counselor follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. Inmates' individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy. They are a liaison for release plans including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. The detention center continues to operate a farm and petting zoo that is maintained by the JIP clients. The clients get no tangible reward for their work on the farm, which is part of the treatment expectation to give back to the community. Another example of this is their participation in presenting to the Department of Juvenile Justice Jail Tour. Monthly DJJ brings juveniles who are in the system and are at risk for further sanctions. JIP inmates tell their stories in hopes of preventing these young adults from following the Application Ref # 2008-RSAT-36 Section #2 Page 2 of 3 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment same path they have. Treatment is a minimum of six months with the possibility of lasting one year. Aftercare is six months and is provided by the Care Center for Mental Health in Key West and the Upper Keys and The Guidance Clinic of the Middle Keys in Marathon. Arrangements are made when clients are returning to their hometowns with agencies that provide aftercare. This creates difficulty in reporting aftercare due to the geographic location of Key West. OBJECTIVES: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program 97% of the inmates served in the program will remain drug free while participating 70% of the inmates in the aftercare program will not test positive for drugs/alcohol 75% of the inmates will not violate probation during aftercare 70% of the inmates served will not return to jail during the first year after release. The program will have an administrative coordinator who also serves as a counselor. There will be two additional full time counselors and one part time counselor. Due to budget restraints additional staff cannot be hired unless additional funding can be found. All staff will have a strong background in substance abuse counseling and mental health with appropriate certification. Staff expertise has a direct impact on the program efficiency. Random Drug Testing is conducted weekly with all JIP clients. Positive drug tests are sent to lock for 30 days and return to court to face the sentencing judge. A possible outcome could be a violation of probation. The program coordinator evaluates the programs effectiveness by tracking the inmates who have completed probation and checks for any new arrests within the year after completion. A data base has been kept with this information since 2003. For recidivism purposes, a sample of the programs inmates is compared to a random sample of inmates who receive no treatment. Additional programs from outside agencies available to the JIP clients include "Street Smarts" an HIV/AIDS prevention program, and "Healthy Heart" a diet nutrition, blood pressure and health program. Application Ref # 2008-RSAT-36 Section #2 Page 3 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2008-RSAT-36 Section #3 Page 1 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Community Service Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2008-RSA T -36 Section #3 Page 2 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Application Ref # 2008-RSA T -36 Section #3 Page 3 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2008-RSAT-36 Section #3 Page 4 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2008-RSAT-36 Section #3 Page 5 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Objectives and Measures Objective: 0001 - To continue to fund previously funded RSAT beds during this grant cycle. Measure: 0001 Application Ref # 2008-RSAT-36 Section #3 Page 6 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Specify the number of previously funded RSAT beds continued during this grant cycle. Goal: 54 Objective: 0003 - To enhance RSAT treatment beds previously funded through other sources. Measure: 0003 Specify the number of treatment beds previously funded through other sources to be enhanced with RSAT during this grant cycle. Goal: 0 Objective: 0004 - To maintain adequate sentencing so that a minimum of 6 months and a maximum of 12 months of residential treatment is provided to each participant during this grant cycle. Measure: 0004 State the anticipated average length of stay (in days) for those who will complete the residential program during this grant cycle. Goal: 182 Objective: 0005 - To provide a minimum of six months and a maximum of 12 months of residential treatment services to each participant during this grant period. Measure: 0005 Specify the number of days residential treatment services are to be provided during the grant period. Goal: 260 Objective: 0006 - To make aftercare treatment available to offenders completing the RSAT program. Measure: 0006 Specify the anticipated number of days aftercare will be provided to offenders completing the RSAT program. Goal: 130 Objective: 0007 - To enroll adult male offenders into the RSAT program during the grant cycle. Measure: 0007 Specify the anticipated number of adult male offenders who will enter the RSAT program during the grant cycle. Goal: 150 Application Ref # 2008-RSA T -36 Section #3 Page 7 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Objective: 0011 - To enroll adult male RSAT completions into an aftercare program during this grant cycle. Measure: 0011 Specify the anticipated number of adult male RSA T completions to enter an aftercare program during the grant cycle. Goal: 70 Objective: 0015 - To successfully treat RSAT paticipants enrolled in the residential program during the grant cycle. Measure: 0015 Specify the anticipated number of successful RSAT completions during the grant cycle. Goal: 100 Objective: 0016 - To maintain records of offenders that dropped out of the residential program during the grant cycle. Measure: 0016 Specify the anticipated number of offenders who will drop out of the residential program during the grant cycle. Goal: 30 Objective: 0017 - To maintain records of offenders that were terminated from the residential program during the grant cycle. Measure: 0017 Specify the anticipated number of offenders who will be terminated from the residential program during the grant cycle. Goal: 20 Objective: 0018 - For RSAT completions to successfully complete the aftercare program. Measure: 0018 Specify the anticipated number of RSAT completions who will successfully complete the aftercare program during the grant cycle. Goal: 50 Objective: 0020 - To maintain a reasonable and consistent average cost per day for the RSAT program during the grant cycle. Measure: 0020 State the anticipated average cost per day for the RSA T prgram during the grant cycle. Goal: 366.30 Application Ref # 2008-RSAT-36 Section #3 Page 8 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Objective: 0022 - For RSAT completions to remain drug-free during the residential program. Measure: 0022 Of the number of RSA T completions, specify the anticipated number who will remain drug-free during the residential program. Goal: 145 Objective: 0025 - To fund RSAT beds during the grant cycle. Measure: 0025 Specify the number of RSA T beds to be funded during this grant cycle. Goal: 54 Objective: 0026 - To keep RSAT participants separate and apart from the general population of the facility. Measure: 0026 Specify the manner in which the RSA T participants are to be kept separate and apart from the general population of the facility during the grant cycle. Goal: RSA T participants are housed in a separate dormitory within the detention center. Objective: 0027 - To provide adequate treatment activities to be carried out during the grant period. Measure: 0027 List the treatment activities to be carried out during the grant cycle. Goal: Treatments include Moral Reconation Therapy, Communication Skills, Art and Music Therapy, Job Skills, Step Group, Relationship Skills Group, Drug Education, Criminal and Addictive Thinking, Relapse Prevention, Parenting Skills, Rational Emotive Therapy, Understanding Grief, Anger Management, and Individual Counseling. Objective: 0028 - To make aftercare treatment available to RSAT completions during the grant cycle. Measure: 0028 Specify the aftercare provider and services to be rendered during the grant cycle. If no aftercare is provided, state the reason. Goal: The local aftercare provider is the Care Center for Mental Health. The program includes relapse prevention, individual counseling, and psychiatric services. Many participants move out of Monroe County after completing the program; arrangements are made for them to enroll in an aftercare progam in their destination city or town. Application Ref # 2008-RSA T -36 Section #3 Page 9 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Objective: 0029 - To develop criteria to be used to assign offenders to the RSAT program. Measure: 0029 Specify the criteria to be used to assign offenders to the RSA T program during the grant cycle. Goal: Criteria from the Diagnostic and Statistical Manual of Mental Disorders (specifically DSM-IV) are used to select eligible clients. SASSI (Substance Abuse Subtle Screening Inventory) is also utilized in the selection of clients. Objective: 0030 - To be in accordance with federal and state licensure laws. Measure: 0030 Specify the entity issuing licensure for RSA T services rendered during the grant cycle. Goal: State of Florida, Department of Children and Families. Objective: 0031 - To maintain notable progress throughout the life of the grant. Measure: 0031 Specify the progress anticipated to occur in the RSA T program during the grant cycle. Goal: Successful completion of program. Few or no relapses. Employment after release. Improved attitude. Objective: 0032 - To employ an adequate number of sufficiently trained and licensed staff to render RSA T services during the grant cycle. Measure: 0032 Specify the title(s) and anticipated date of hire for each grant funded position to be filled during the grant cycle. Goal: Program Director/Counselor - on board as of Sept. 1 Substance Abuse Counselors (3, not all funded by RSAT) - on board as of Sept. 1 Objective: 0033 - To perform drug testing of all RSAT participants during the grant cycle. Measure: 0033 Specify the frequency and type of drug testing to be performed during the grant cycle. State the sanction imposed for positive tests. Goal: Random urine testing will be conducted on all participants. The sanction imposed for a positive test will be "lock-up" for thirty days and an appearance before the Judge. Application Ref # 2008-RSAT-36 Section #3 Page 10 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Application Ref # 2008-RSAT-36 Section #3 Page 11 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I 1 General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -. Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-RSA T -36 Section #4 Page 1 of 3 Contract 2008-RSA T -MON R-1-Q8-004 Application for lFunding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Budget Narrative: CONTRACTUAL SERVICES $66,667.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: $64,867.00 Substance Abuse Counselors approx. 1.50 FTE = 57,470.00 FICA @ 7.65% = 4,397.00 Health Insurance @ 250.00/month = 3,000.00 Total = 64,867.00 EXPENSES: $1800.00 Items such as workbooks, videos, program materials, office supplies, operating supplies, and licensure of staff. GRAND TOTAL: $66,667.00 ------------------------------------------------------------- Matching funds will come from the Monroe County Fine and Forfeiture Fund. The Other Capital Outlay (OCO) threshold is $1,000.00. Indirect costs are not included. Services will be provided by the Care Center for Mental Health pursuant to a contract with Monroe County; a copy will be provided. Application Ref # 2008-RSAT-36 Section #4 Page 2 of 3 Contract 2008-RSA T -MONR-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I ';''0. I Section Questions: Question: Identify specific sources of matching funds. Answer: Monroe County Fine and Forfeiture Fund Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Copies have been provided in prior years, and a copy will be sent with our application. Question: If salaries and benefits are included in the budget. is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # 2008-RSA T -36 Section #4 Page 3 of 3 Contract 2008-RSA T-MONR-1-Q8-004 Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section and will become binding upon approval of this subgrant. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these conditions. This Section must be returned as part of the completed application. Definitions: "Department" , unless otherwise stated, refers to the Florida Department of Law Enforcement. "Recipient" refers to the governing body of a county that performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "Implementing Agency" which is a subordinate agency of a county or an agency under the direction of an elected official (for example, Sheriff). 1. Reports A. Project Progress Reports: Regardless of whether project activities occur or not, the recipient must submit Quarterly Project Progress Reports to the Office of Criminal Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant activities occurring during the previous calendar quarter. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Progress Reports shall be submitted. B. Financial Reports: (1) The recipient shall have the choice of submitting either Monthly or Quarterly Reimbursement Requests to the OCJG. All Reimbursement Requests are due thirty-one (31) days after the end of the reporting period. A final Reimbursement Request and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the OCJG within forty- five (45) days of the subgrant end date. Such Reimbursement Requests shall be distinctly identified as "final". (2) Regardless of whether costs are incurred or not, all claims for reimbursement of recipient costs shall be submitted on the Reimbursement Request forms prescribed and provided by the OCJG. A recipient shall submit either monthly or quarterly reimbursement requests in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) Before the "final" Reimbursement Request will be processed, the recipient must submit to the OCJG all outstanding project performance reports and Section #5 Page 1 of 15 must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (4) The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by February 1, May 1, August 1, and November 1, covering subgrant project generated income and expenditures occurring during the previous quarter. C. Other Reports: The recipient shall submit other reports as may be reasonably required by the OCJG. 2. Fiscal Control and Fund Accounting Procedures A. The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non- federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-8?, A-110 or A-1 02, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. The OCJG's approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-8?, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMB's Common Rule for State and Local Section #5 Page 2 of 15 Governments, or OMB Circular No. A-110 or A-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the OCJG a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Recipients must request in writing any significant changes to the agreement and receive approval from OCJG. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement; A. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, B. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. C. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Section #5 Page 3 of 15 Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Pf,Dcedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in Section G, Item 1 b of this agreement, in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre- audit and post-audit. 12.Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a . written request to the Department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. 13.Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only by execution of a formal written amendment to this agreement. -14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a Section #5 Page 4 of 15 contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17.Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Section #5 Page 5 of 15 Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. The recipient shall submit Project Generated Income Reports in accordance with Section G, Paragraph 1.b. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 19.Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20.Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS's Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. Section #5 Page 6 of 15 B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMS Circular A-110 or A-102, as applicable. 23. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased Section #5 Page 7 of 15 pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT -BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily I represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) All recipients are required to comply with statutes that govern programs or activities funded by the Office of Justice Programs (OJP) (Section 809(c), Omnibus Crime I Control and Safe Streets Act of 1968, as amended, 42 U. S. C. 3789d, which prohibit ! such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disability]* be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. Section #5 Page 8 of 15 *Section 504 of the Rehabilitation Act of 1973 prohibits identical discrimination on the basis of disability. The recipient acknowledges, by completing and signing the attached EEO Certification Letter (Appendices I), that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date of this agreement to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and CFR'Section 42.207 Compliance Information; Title VI of the Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, 0, E; Reference Title /I of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to forward a copy of the findings to the OJP Office for Civil Rights. The subgrantee will comply and assure the compliance of all contractors, with the non-discrimination requirements of the Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans With Disabilities Act (ADA) (1990) ; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulation, 28 CFR Part 42, Subparts C,D,E and G; and Department of Justice regulation on disability discrimination, 28 CFR Parts 35 and 39. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment Section #5 Page 9 of 15 and Suspension (Nonpro-curement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-f1uencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form _ LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not Section #5 Page 10 of 15 within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Section #5 Page 11 of 15 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $1 00,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. C. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. Section #5 Page 12 of 15 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of uFlorida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American-Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American-made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act (UlNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other Section #5 Page 13 of 15 . related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36 Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USe 1501, et seq.) 37. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 38. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 39. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive Section #5 Page 14 of 15 Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 40. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 41. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 42. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and it will comply with requirements of 5 U .S.C. SS 1501-08 and SS 7324- 28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Section "# 5 Page 15 of 15 . Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Insert Certifications and Authorizations here. Application Ref # 2008-RSA T -36 Section #7 Page 1 of 1 Contract -RSAT-MONR- -- . , , Residential Substance Abuse Treatment Program Florida Department of Law Enforcement I EEO PROGRAM CERTIFICATION LETTERS I CERTlFICA TlON OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Each unit of government (subgrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended, must enclose signed EEO Certification Letters with subgrant applications. A copy of the 28 Code of Federal Regulations (CFR) Part 42, Subparts C, 0, E, F, G and H can be accessed at the following internet site: http://www.access.gpo.gov/nara/cfr/cfr-table-search. htm I If you have additional questions, please contact the program staff of the Office of Criminal Justice Grants at 850/410-8700 or SUNCOM 270-8700. Section #7 EEO Certifications Page 1 of 3 . . . -, , Residential Substance Abuse Treatment Program Florida Department of Law Enforcement I EEO Certification Letter - Subgrant Recipient I Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the Act criteria set forth in the Subqrant Application Packaqe and Instructions. I understand that if the subgrant recipient meets these criterion, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient (Initial one of the following): XX Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. - Does not meet Act Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: I TY7!ia Mayor Date: r; /s-I () 7 By' / ,/ V Name of Subgrantee Organization: Monroe County Board of County Commissioners Section #7 EEO Certifications Page 2 of 3 . . ~ . Residential Substance Abuse Treatment Program Florida Department of Law Enforcement I EEO Certification Letter. Implementing Agency I Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Implementing Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the ACT criteria set forth in the Subqrant Application Packaqe and Instructions. I understand that if the Implementing Agency meets these criterion, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of the following): xx Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. - Does not meet Act Criteria. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: "'\ By: Date: c:/~1 c 7 Name of Implementing Agency: Monroe County Board of County Commissioners Section #7 EEO Certifications Page 3 of 3 . , .f' . Application for Funding Assistance , Florida Department of Law Enforcement Residential Substance Abuse Treatment I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: 0"1-h,. /.I. Uj,,~ Typed Name and Title: f,!'. ~ ,-~,'y-',~, t<? ~-- '~: -.' (,<-~-~< ), -"~';-~'~nf:~.trft]~' Date: 8'-/-()7 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designa ed Representative) County Commissioners ------- Signature: Typed Name and Mario Mayor Date: t;/J/t 7 Implementing Agency Official, Administrator or Designated Representative Commissioners Signature: --Q~- Typed Name and Mayor, Mario DiGennaro Date: 6/ ';(67 . Application Ref # 2008-RSAT-36 Section #6 Page 1 of 1 Contract -RSAT-MONR- -- .' BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Administrative Services Bulk Item: Yes ~ No D Department: Grants Administration AGENDA ITEM WORDING: Authorization for the Mayor to execute a contract with the Care Center for Mental Health for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from Sept I. 2007 through Aug 31. 2008. ITEM BACKGROUND: Seventy-five percent funding is provided by the Florida Dept. of Law Enforcement under the Residential Substance Abuse Treatment Grant Program for inmates in correctional institutions with six to twelve months remaining on their sentences. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for grant funds given at June 2007 meeting. Contract with Florida Dept. of Law Enforcement also being considered at this meeting. CONTRACT/AGREEMENT CHANGES: Changes to dates only. STAFF RECOMMENDATION: Approval TOTAL COST: $66,667.00 BUDGETED: Yes ~ No D COST TO COUNTY: $16.667.00 REVENUE PRODUCING: Yes D No ~ AMOUNT PER MONTH ~ YEAR APPROVED BY:COUNTY ATT'lJJ; OMB/PURCHASING D RISK MANAGEMENT D DIVISION DIRECTOR APPROVAL: 4&;,~~ / Salvat. appu a DOCUMENTATION: INCLUDED: ~ TO FOLLOW: D NOT REQUIRED: D DISPOSITION: - AGENDA ITEM #: - MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Care Center for Mental Effective Date: 09/01/07 Health Expiration Date: 08/31/08 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Residential Substance Abuse Treatment Program, services provided by the Care Center for Mental Health. Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (N ame) (Ext.) (Department) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $66.667.00 Current Year Portion: $4.167.00 Budgeted? Yes X No Account Codes: 125-06019-530490-GG0809-XXXXXX Grant: $66,667.00 County Match: $16,667.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2,857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (eg. Maintenance. utilities. janitorial, salaries. etc.) CONTRACT REVIEW Date Out Date In Division Director <j) -I 'i -OJ - Risk Manag~me~~ ~ YesO No ~.:8(O 1 Rk ~}~ if ~ O.M.B./Purch sing <6 ~13-o7 YesD No 8)iAJ County Attorney YesD NolI! Op> ~ OCt - D'1- Comments: - OMB Form Revised 9/11/95 MCP #2 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 19th day of September. 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Care Center for Mental Health, hereinafter referred to as "AGENCY." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub- grant of Residential Substance Abuse Treatment Funds to the COUNTY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Residential Substance Abuse Treatment Funds to the AGENCY in accordance with the COUNTY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from September 1 , 2007 through August 31 , 2008, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNTY'S Residential Substance Abuse Treatment Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $66,667.00. The total sum represents federal grant/state sub-grant support in the amount of $50,000.00 and local matching funds in the amount of $16,667.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORA TION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub-grant Award Certificate and Application" therefor and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Residential Substance Abuse Treatment Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. 6. BILLING AND PAYMENT (a) The AGENCY shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Dr. Michael Funk 1100 Simonton Street Care Center for Mental Health Key West, FL 33040 1205 Fourth Street Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAilABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Care Center for Mental Health By: Witness Title: Witness MONROE COUNTY ATTORNEY PROV!;D AS T F M: 1. CYNTHIA L. HALL ASSISTA~T COUNTY ATTORNEY Date 8 - t>1- ao 0"7- ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. . . ATTACHMENT B ORGANIZATION LETIERH EAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A PlR ending 05/14/01 XXX. XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this "_ day of 2001 by who is personally known to me. Notary Public Notary Stamp , . PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 ,c}#. C State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: &-,1- () '7 Grant Period: From: 09/01/2007 TO: 08/31/2008 Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Grant Number: 2008-RSA T -MONR-1-Q8-004 Federal Funds: $ 50,000.00 BGMTF Funds: State Agency Match: Local Agency Match: $ 16,667.00 Total Project Cost: $ 66,667.00 Program Area: 0001 : Residential Substance Abuse Treatment Award is hereby made in the amount and for the period shown above of a grant under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, P. L 103-322, as amended, to the above mentioned subgrantee and subject to any attached standards or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 103-322, as amended. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. AUlh9!.~1 N. ~ Clayton H. Wilder Administrator '6- ).. () 7 Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # 2008-RSAT-36 Section #1 Page 1 of 2 Contract 2008-RSA T -MONR-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-f1.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # 2008-RSAT-36 Section #1 Page 2 of 2 Contract 2008-RSA T -MONR-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2007 End Date: 8/31/2008 Problem Identification N/A (as specified in instructions) Project Summary The Jail Incarceration Program is an in house substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has served approximately 1,000 inmates with an overall recidivism rate of thirty five percent compared to a seventy percent recidivism rate for the general population. It provides administrative and case management services as mandated by Florida Administrative code 10-E16. The last Department of Children and Families Audit reported the program being at Best Practice Standards. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in Dorm Golf the dorm has 54 beds in it. The majority of clients are court ordered by the Drug Court Judges in Monroe County. The program has established a positive reputation, working closely with the Judges, Prosecutors and Lawyers to offer treatment to those who find themselves in the criminal justice system due to their addiction. New features are constantly added. One such addition is the Prochaska and DiCLemente stages of Change. Each client is tracked as to which stage of change they are in and treatment is addressed appropriately. All participants have individualized treatment plans that are reviewed monthly and adjustments are made as needed. An equity of access policy was adopted this year, that makes admission polices welcoming to individuals with co-occuring disorders, inmates with learning disabilities, illiteracy and Spanish speaking inmates. This policy exists to allow access to services for all who might otherwise be denied treatment. The program is working toward CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation and has implemented strangth-based, client-centered treatment. Individualized treatment plans capitalize on the clients' strengths and look at times in their lives that things were under control and the inherent qualities they posess to aid them in recovery. The program includes: MORAL RECONATION THERAPY (MRT) - evidence based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. COMMUNICATION SKILLS - based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and Application Ref # 2008-RSAT-36 Section #2 Page 1 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS TRAINING - Assessment of basic needs for education, Job searches, resume writing, addressing a felony in an interview, completing employment applications, basic budgeting. STEP GROUP - The core ideas of the first three steps of AA and NA RELATIONSHIP SKILLS GROUP - The is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. DRUG EDUCATION - Inmates learn and explore chemical dependency, how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class that assists inmates to identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high-risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Developed by Albert Ellis they learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, Post Traumatic Stress Disorder and ambivalence. ANGER MANAGEMENT - An Optional class about the responsibility of choices when angry. INDIVIDUAL COUNSELING - At intake all inmates are assigned an Primary Counselor. This counselor follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. Inmates' individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy. They are a liaison for release plans including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. The detention center continues to operate a farm and petting zoo that is maintained by the JIP clients. The clients get no tangible reward for their work on the farm, which is part of the treatment expectation to give back to the community. Another example of this is their participation in presenting to the Department of Juvenile Justice Jail Tour. Monthly DJJ brings juveniles who are in the system and are at risk for further sanctions. JIP inmates tell their stories in hopes of preventing these young adults from following the Application Ref # 2008-RSAT-36 Section #2 Page 2 of 3 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment same path they have. Treatment is a minimum of six months with the possibility of lasting one year. Aftercare is six months and is provided by the Care Center for Mental Health in Key West and the Upper Keys and The Guidance Clinic of the Middle Keys in Marathon. Arrangements are made when clients are returning to their hometowns with agencies that provide aftercare. This creates difficulty in reporting aftercare due to the geographic location of Key West. OBJECTIVES: The number of inmates expected to complete the program is 100. 70%, of the inmates served will complete an aftercare program 97% of the inmates served in the program will remain drug free while participating 70% of the inmates in the aftercare program will not test positive for drugs/alcohol 75% of the inmates will not violate probation during aftercare 70% of the inmates served will not return to jail during the first year after release. The program will have an administrative coordinator who also serves as a counselor. There will be two additional full time counselors and one part time counselor. Due to budget restraints additional staff cannot be hired unless additional funding can be found. All staff will have a strong background in substance abuse counseling and mental health with appropriate certification. Staff expertise has a direct impact on the program efficiency. Random Drug Testing is conducted weekly with all JIP clients. Positive drug tests are sent to lock for 30 days and return to court to face the sentencing judge. A possible outcome could be a violation of probation. The program coordinator evaluates the programs effectiveness by tracking the inmates who have completed probation and checks for any new arrests within the year after completion. A data base has been kept with this information since 2003. For recidivism purposes, a sample of the programs inmates is compared to a random sample of inmates who receive no treatment. Additional programs from outside agencies available to the JIP clients include "Street Smarts" an HIV/AIDS prevention program, and "Healthy Heart" a diet nutrition, blood pressure and health program. Application Ref # 2008-RSAT-36 Section #2 Page 3 of 3 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2008-RSAT-36 Section #3 Page 1 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Community Service Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2008-RSA T -36 Section #3 Page 2 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Application Ref # 2008-RSAT-36 Section #3 Page 3 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2008-RSAT-36 Section #3 Page 4 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2008-RSAT-36 Section #3 Page 5 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Objectives and Measures Objective: 0001 - To continue to fund previously funded RSA T beds during this grant cycle. Measure: 0001 Application Ref # 2008-RSA T -36 Section #3 Page 6 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Specify the number of previously funded RSA T beds continued during this grant cycle. Goal: 54 Objective: 0003 - To enhance RSAT treatment beds previously funded through other sources. Measure: 0003 Specify the number of treatment beds previously funded through other sources to be enhanced with RSA T during this grant cycle. Goal: 0 Objective: 0004 - To maintain adequate sentencing so that a minimum of 6 months and a maximum of 12 months of residential treatment is provided to each participant during this grant cycle. Measure: 0004 State the anticipated average length of stay (in days) for those who will complete the residential program during this grant cycle. Goal: 182 Objective: 0005 - To provide a minimum of six months and a maximum of 12 months of residential treatment services to each participant during this grant period. Measure: 0005 Specify the number of days residential treatment services are to be provided during the grant period. Goal: 260 Objective: 0006 - To make aftercare treatment available to offenders completing the RSAT program. Measure: 0006 Specify the anticipated number of days aftercare will be provided to offenders completing the RSAT program. , Goal: 130 Objective: 0007 - To enroll adult male offenders into the RSAT program during the grant cycle. Measure: 0007 Specify the anticipated number of adult male offenders who will enter the RSAT program during the grant cycle. Goal: 150 Application Ref # 2008-RSAT-36 Section #3 Page 7 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Objective: 0011 - To enroll adult male RSAT completions into an aftercare program during this grant cycle. Measure: 0011 Specify the anticipated number of adult male RSA T completions to enter an aftercare program during the grant cycle. Goal: 70 Objective: 0015 - To successfully treat RSAT paticipants enrolled in the residential program during the grant cycle. Measure: 0015 Specify the anticipated number of successful RSAT completions during the grant cycle. Goal: 100 Objective: 0016 - To maintain records of offenders that dropped out of the residential program during the grant cycle. Measure: 0016 Specify the anticipated number of offenders who will drop out of the residential program during the grant cycle. Goal: 30 Objective: 0017. To maintain records of offenders that were terminated from the residential program during the grant cycle. Measure: 0017 Specify the anticipated number of offenders who will be terminated from the residential program during the grant cycle. Goal: 20 Objective: 0018 - For RSAT completions to successfully complete the aftercare program. Measure: 0018 Specify the anticipated number of RSAT completions who will successfully complete the aftercare program during the grant cycle. Goal: 50 Objective: 0020 - To maintain a reasonable and consistent average cost per day for the RSAT program during the grant cycle. Measure: 0020 State the anticipated average cost per day for the RSA T prgram during the grant cycle. Goal: 366.30 Application Ref # 2008-RSAT-36 Section #3 Page 8 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Objective: 0022 - For RSAT completions to remain drug-free during the residential program. Measure: 0022 Of the number of RSA T completions, specify the anticipated number who will remain drug-free during the residential program. Goal: 145 Objective: 0025 - To fund RSAT beds during the grant cycle. Measure: 0025 Specify the number of RSA T beds to be funded during this grant cycle. Goal: 54 Objective: 0026 - To keep RSAT participants separate and apart from the general population of the facility. Measure: 0026 Specify the manner in which the RSAT participants are to be kept separate and apart from the general population of the facility during the grant cycle. Goal: RSA T participants are housed in a separate dormitory within the detention center. Objective: 0027 - To provide adequate treatment activities to be carried out during the grant period. Measure: 0027 List the treatment activities to be carried out during the grant cycle. Goal: Treatments include Moral Reconation Therapy, Communication Skills, Art and Music Therapy, Job Skills, Step Group, Relationship Skills Group, Drug Education, Criminal and Addictive Thinking, Relapse Prevention, Parenting Skills, Rational Emotive Therapy, Understanding Grief, Anger Management, and Individual Counseling. Objective: 0028 - To make aftercare treatment available to RSAT completions during the grant cycle. Measure: 0028 Specify the aftercare provider and services to be rendered during the grant cycle. If no aftercare is provided, state the reason. Goal: The local aftercare provider is the Care Center for Mental Health. The program includes relapse prevention, individual counseling, and psychiatric services. Many participants move out of Monroe County after completing the program; arrangements are made for them to enroll in an aftercare progam in their destination city or town. Application Ref # 2008-RSA T-36 Section #3 Page 9 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Objective: 0029 - To develop criteria to be used to assign offenders to the RSAT program. Measure: 0029 Specify the criteria to be used to assign offenders to the RSA T program during the grant cycle. Goal: Criteria from the Diagnostic and Statistical Manual of Mental Disorders (specifically DSM-IV) are used to select eligible clients. SASSI (Substance Abuse Subtle Screening Inventory) is also utilized in the selection of clients. Objective: 0030 - To be in accordance with federal and state licensure laws. Measure: 0030 Specify the entity issuing licensure for RSAT services rendered during the grant cycle. Goal: State of Florida, Department of Children and Families. Objective: 0031 - To maintain notable progress throughout the life of the grant. Measure: 0031 Specify the progress anticipated to occur in the RSA T program during the grant cycle. Goal: Successful completion of program. Few or no relapses. Employment after release. Improved attitude. Objective: 0032 - To employ an adequate number of sufficiently trained and licensed staff to render RSA T services during the grant cycle. Measure: 0032 Specify the title(s) and anticipated date of hire for each grant funded position to be filled during the grant cycle. Goal: Program Director/Counselor - on board as of Sept. 1 Substance Abuse Counselors (3, not all funded by RSA T) - on board as of Sept. 1 Objective: 0033 - To perform drug testing of all RSA T participants during the grant cycle. Measure: 0033 Specify the frequency and type of drug testing to be performed during the grant cycle. State the sanction imposed for positive tests. Goal: Random urine testing will be conducted on all participants. The sanction imposed for a positive test will be "lock-up" for thirty days and an appearance before the Judge. Application Ref # 2008-RSAT-36 Section #3 Page 10 of 11 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Application Ref # 2008-RSAT-36 Section #3 Page 11 of 11 Contract -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I 1 General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No sAMAs 1 Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-RSA T -36 Section #4 Page 1 of 3 Contract 2008-RSA T-MONR-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Budget Narrative: CONTRACTUAL SERVICES $66,667.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: $64,867.00 Substance Abuse Counselors approx. 1.50 FTE = 57,470.00 FICA @ 7.65% = 4,397.00 Health Insurance @ 250.00/month = 3,000.00 Total = 64,867.00 EXPENSES: $1800.00 Items such as workbooks, videos, program materials, office supplies, operating supplies, and licensure of staff. GRAND TOTAL: $66,667.00 -......----------...----------------------------------------------- Matching funds will come from the Monroe County Fine and Forfeiture Fund. The Other Capital Outlay (OCO) threshold is $1,000.00. Indirect costs are not included. Services will be provided by the Care Center for Mental Health pursuant to a contract with Monroe County; a copy will be provided. Application Ref # 2008-RSA T -36 Section #4 Page 2 of 3 Contract 2008-RSA T -MONR-1-Q8-004 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I ., I Section Questions: Question: Identify specific sources of matching funds. Answer: Monroe County Fine and Forfeiture Fund Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Copies have been provided in prior years, and a copy will be sent with our application. Question: If salaries and benefits are included in the budget, is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # 2008-RSA T -36 Section #4 Page 3 of 3 Contract 2008-RSA T-MONR-1-Q8-004 Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section and will become binding upon approval of this subgrant. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these conditions. This Section must be returned as part of the completed application. Definitions: "Department" , unless otherwise stated, refers to the Florida Department of Law Enforcement. "Recipient" refers to the governing body of a county that performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "Implementing Agency" which is a subordinate agency of a county or an agency under the direction of an elected official (for example, Sheriff). 1. Reports A. Project Progress Reports: Regardless of whether project activities occur or not, the recipient must submit Quarterly Project Progress Reports to the Office of Criminal Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant activities occurring during the previous calendar quarter. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Progress Reports shall be submitted. B. Financial Reports: (1) The recipient shall have the choice of submitting either Monthly or Quarterly Reimbursement Requests to the OCJG. All Reimbursement Requests are due thirty-one (31) days after the end of the reporting period. A final Reimbursement Request and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the OCJG within forty- five (45) days of the subgrant end date. Such Reimbursement Requests shall be distinctly identified as "final". (2) Regardless of whether costs are incurred or not, all claims for reimbursement of recipient costs shall be submitted on the Reimbursement Request forms prescribed and provided by the OCJG. A recipient shall submit either monthly or quarterly reimbursement requests in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) Before the "final" Reimbursement Request will be processed, the recipient must submit to the OCJG all outstanding project performance reports and Section #5 Page 1 of 15 must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (4) The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by February 1, May 1, August 1, and November 1, covering subgrant project generated income and expenditures occurring during the previous quarter. C. Other Reports: The recipient shall submit other reports as may be reasonably required by the OCJG. 2. Fiscal Control and Fund Accounting Procedures A. The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non- federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Sudget (OMS) Circulars A-21, A-a?, A-110 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. The OCJG's approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMS's Circular No. A-a?, "Cost Principles for State and Local Governments", or OMS's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMS's Common Rule for State and Local Section #5 Page 2 of 15 Governments, or OMB Circular No. A-110 or A-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the OCJG a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Recipients must request in writing any significant changes to the agreement and receive approval from OCJG. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement; A. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, B. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. C. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Section #5 Page 3 of 15 Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. P!ocedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in Section G, Item 1 b of this agreement, in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre- audit and post-audit. 12.Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a . written request to the Department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. 13.Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only by execution of a formal written amendment to this agreement. 14.Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a Section #5 Page 4 of 15 contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16.0bligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17.Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Section #5 Page 5 of 15 Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. The recipient shall submit Project Generated Income Reports in accordance with Section G, Paragraph 1.b. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20.Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21.Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS's Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. Section #5 Page 6 of 15 B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMS Circular A-110 or A-102, as applicable. 23. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased Section #5 Page 7 of 15 pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT -BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily i represent the official position of policies of the U. S. Department of Justice." 27. Equal Employment Opportunity (EEO) All recipients are required to comply with statutes that govern programs or activities funded by the Office of Justice Programs (OJP) (Section 809(c), Omnibus Crime I Control and Safe Streets Act of 1968, as amended, 42 U. S. C. 3789d, which prohibit such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disability]* be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. Section #5 Page 8 of 15 *Section 504 of the Rehabilitation Act of 1973 prohibits identical discrimination on the basis of disability. The recipient acknowledges, by completing and signing the attached EEO Certification Letter (Appendices I), that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date of this agreement to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and CFR"Section 42.207 Compliance Information; Title VI of the Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, D, E; Reference Title 1/ of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to forward a copy of the findings to the OJP Office for Civil Rights. The subgrantee will comply and assure the compliance of all contractors, with the non-discrimination requirements of the Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans With Disabilities Act (ADA) (1990) ; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulation, 28 CFR Part 42, Subparts C,D,E and G; and Department of Justice regulation on disability discrimination, 28 CFR Parts 35 and 39. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment Section #5 Page 9 of 15 and Suspension (Nonpro-curement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-f1uencing or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form _ LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not Section #5 Page 10 of 15 within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Section #5 Page 11 of 15 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. C. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state ag~ncy is prohibited under this contract. Section #5 Page 12 of 15 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American-Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American-made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other Section #5 Page 13 of 15 related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36 Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USe 1501, et seq.) 37. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 38. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 39. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive Section #5 Page 14 of 15 Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 40. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 41. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 42. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. 94601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and it will comply with requirements of 5 U.S.C. 99 1501-08 and 99 7324- 28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Section F 5 Page 15 of 15 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I Insert Certifications and Authorizations here. Application Ref # 2008-RSA T -36 Section #7 Page 1 of 1 Contract -RSAT-MONR- - - . , Residential Substance Abuse Treatment Program Florida Department of Law Enforcement jEEO PROGRAM CERTIFICATION LETTERS ! i I CERTlFICA nON OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Each unit of government (subgrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended, must enclose signed EEO Certification Letters with subgrant applications. A copy of the 28 Code of Federal Regulations (CFR) Part 42, Subparts C, 0, E, F, G and H can be accessed at the following internet site: http://www.access.gpo.gov/nara/cfr/cfr-table-search.html If you have additional questions, please contact the program staff of the Office of Criminal Justice Grants at 850/410-8700 or SUNCOM 270-8700. Section #7 EEO Certifications Page 1 of 3 . , Residential Substance Abuse Treatment Program Florida Department of Law Enforcement I EEO Certification Letter - subgrant Recipient I Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the Act criteria set forth in the Subqrant Application Packaqe and Instructions. I understand that if the subgrant recipient meets these criterion, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient (Initial one of the following): xx Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. - Does not meet Act Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: , TY~ al)ll Title: Mayor By.' ./ % Date: &, /s-/o 7 i; Name of Subgrantee Organization: Monroe County Board of County Commissioners Section #7 EEO Certifications Page 2 of 3 . "~ Residential Substance Abuse Treatment Program Florida Department of Law Enforcement I EEO Certification Letter. Implementing Agency I Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Implementing Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the ACT criteria set forth in the Subqrant Application Packaqe and Instructions. I understand that if the Implementing Agency meets these criterion, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of the following): XX Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. - Does not meet Act Criteria. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: "'\ Mayor By: Date: ~/jl C 7 Name of Implementing Agency: Monroe County Board of County Commissioners Section #7 EEO Certifications Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: 0~-4- J.l:tL~ "'. ~"1t~;<~: -,"'" :T Typed Name and Title: Date: 8'-/-67 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or DeSig~ed Representative) Typed Name of nt Monroe ty Boar / of County Commissioners .^ -.----- Signature: I ,;' Typed Name and Mario Date: ({ (J'/c 7 Implementing Agency Official, Administrator or Designated Representative Commissioners Typed Name and Mayor, Mario DiGennaro Date: G / ';/6 7 . Application Ref # 2008-RSAT-36 Section #6 Page 1 of 1 Contract -RSAT-MONR- -- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Budget & Finance Bulk Item: Yes X No - Department: Office of Management & Budget Staff Contact Person/Phone #: Tina Boan -X4472 AGENDA ITEM WORDING: Approval to create a new Special Revenue Fund, Building Fund 180 and approval of a resolution for the transfer of funds to start up FY 08 budget. ITEM BACKGROUND: As per the attached legal opinion from the County Attorney, creation of a separate Building Fund is necessary in order to account for activities related to restricted building fee revenues. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: N/A ~ SOURCE OF FUNDS:N/A - J?>lact 1b- ' Fcc. ..s REVENUE PRODUCING: Yes)( NO_lOUNTPERMONTH_ Year_ APPROVED BY: County Atty ~MB urchasing X Risk Management N/A DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised Il106 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund # 148 Plan, Build, Zoning From: 148-5130-85525-590995 Reserves Cost Center # 85525 Reserves 148 For the Amount: $300,000.00 To: 148-5810-86509-590180 Transfer to Fund 180 Cost Center # 86509 Budgeted Transfers 148 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, AD 2007. Mayor Di Gennaro - Mayor Pro Tern Spehar - Commissioner Neugent - Commissioner McCoy - Commissioner Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Ffund 148 tmsfr fm 85525 to new Building Fund 180 Page 1 of 1 Boan-Tina From: Hutton-Suzanne Sent: Monday, May 14, 2007 3:59 PM To: Zappulla-Sal; Paskalik-Joe Cc: Trivette-Andrew; Boan- Tina Subject: Building Permit fees During our meeting last week, Joe indicated that the Building Department maintains an accounting of the various sources & uses building permit fees. While we acknowledge that the Radon & the "Other - Cert Prog Fee" are pass-throughs and could be accounted for separately in the County's account system, all that is necessary is that at some level we have accurate records to show that building permit fees are not being used for any purpose other than allowed by law. Since there is a separate accounting system in place to track revenues by source and expenditures by basic purpose, my memo of February 16, 2007, should be revised to allow all of the building permit fees and related revenues to go into one fund. S~;4. ';?t~ County Attorney Monroe County PO Box 1026 Key West, FI. 33041-1026 305-292-3470 7/212007 BOARD OF COUNTY COMMISSIONERS O"~~T,Y 3~~E Mayor MaI'io 01 Gennaro, Dlstrict 4 Mayor Pro T em Dlxie M. Spehar, Dislnct 1 Gt!orge N~g<!nt, Distnct 2 i3C"-l)~__1 Ow1es "Sonny" McCoy, DlStrict 3 SyMa J. Murphy, Dlstrict 5 f~ Suzanne A. Hutton, County Attorney.. .........-J Office of the County Attorney Raben B. Shilling....., Chief Assistant County Attorney _. PO Box 1026 Pedro J. Mercado. Assistant County Altomey KcyWcsr. FLJ3041-1026 Susan M. Grimsley, Assistant County Attorney .- (305) 292-3410 -Phone Natil"""" W. Cassel. Assistant County Attorney (305)292-3516- Fax Cynthia D. Hall, A."istanl County Allomcy .. BO<IrU C,",fial m C.ty.Counry& ~IGovl Law MEMORANDUM February 16, 2007 TO: Sal Zappulla, OMB Division Director Joe Paskalik, Building Official FROM: Suzanne A. Hulton, County Attorney-K RE: Building Permit Fees This opinion supersedes that wriUen October 26,2006, by Assistant County Attorney Jerry Sanders, in response to an inquiry from then Division Director Ty Symroski. Shortly after that opinion was written, Mr. Sanders resigned and you inquired whether you should continue to follow his opinion. [advised that the opinion needed to be revised but that I would need additional infonnation in order to fully address the issue. I received that information at a meeting on February 13, 2007, attended by County Administrator Tom Willi, Deputy Administrator Debbie Frederick, OMB Division Director Sal Zappulla, Acting Growth Management Division Director Drew Trivette, and myself. At issue is what expenditures can be funded with Fund 148 monies, However, this needs to be revisited because Fund 148 actually derives from several revenue sources, and certain of those revenue sources are restricted as to the uses to which they may be put. Since the prior opinion related only to certain accounts, this opinion will deal only with the following accounts: a. 322005SG BUILDING PERMITS b. 322103SG BLDG. PERMIT -COMPETENCY C c. 3419048G SERV-OTHER-RADON FEES d. 341908S0 SERV-OTHER-CERT PROG FEE Use of Building fees 2-16-07 f 341916SG ADMeN FEES-BUILDING g. 354002SG FINES-LaC ORD-EXAMIN BD The above accounts are addressed because they are the ones which Mr. Sanders opined were Fund Accounting Categories that fall within the definition of ""enforcing the Florida Building Code." I have a question about other revenue accounts and will raise them after I address the propriety of using the above- listed accounts for expenditures related to enforcing the building code. Section 553.80( I )(t), F.S., provides, in pertinent part: "The governing bodies of local governments may provide a schedule of fees, as authorized by s. 125.56(2) or s 166.222 and this section, for the enforcement of the provisions of this part. Such fees shall be used solely for carrying out the local government's responsibilities in enforcing the Florida Building Code." The above language clearly requires that fees generated for enforcement of the building code be used only for that purpose. A general principle of governmental funding from any source other than ad valorem taxes is that the funds be used for the specific purposes for which the fund is generated, and not to offset other expenditures. It should be noted that subsection (2), sub-paragraphs (b) and (c) of that statute require the imposition of quadrupled fees for the fourth or subsequent times that the agency has to review design documents, or re- inspect a project, for purposes of assuring compliance with the same code violation. More can he developed on this in the future. ifrepetitive reviews and inspections are problems. Section 553.80(7), F.S., reiterates the pennissibi!ity oflocal jurisdictions adopting a schedule of fees, and goes on to say: "When providing a schedule of reasonable fees, the total estimated alU1ual revenue derived from fees, and the fines and investment earnings related to the fees, may not exceed the total estimated annual costs of allowable activities. Any unexpended balances shall be carried forward to future years for allowable activities or shall be refunded at the discretion of the local government. The basis for a fee structure for allowable activities shall relate to the level of service provided by the local government. Fees charged shall be consistently applied." Subsection (7)(a) states: "the phrase 'enforcing the Florida Building Code' includes the direct costs and reasonable indirect costs associated with review of building plans, building inspections, reinspections, and building penuit processing; building code enforcement; and fire inspections associated with new construction. The phrase may also include training costs associated with the enforcement of the Florida Building Code and enforcement action pertaining to unlicensed contractor activity to the: extcnt not funded by other user fees." Subsection (7)(b) states: "The following activities may not be funded with fees adopted for enforcing the Florida building Code: I. Planning and zoning or other general goverrunent activities. 2. Inspections of public buildings for a reduced fee or no fec. 3. Public information requests, community functions, boards, and any program not directly related to enforcement of the Florida Building Code. 4. Enforcement and implementation of any other local ordinance, excluding validly adopted local amendments to the Florida Building Code and excluding any local ordinAnce directly related to enforcing Use of Building fees 2.16-07 the Florida Building Code as defined in paragraph (a)." Subsection (7)(c) provides that the "local government shall use recognized management, accounting, and oversight practices to ensure that fees, fines, and investment earnings generated under this subsection arc maintained and allocated or used solely for the purposes described in paragraph (a)." It has been established by case law that contractor certification or licensing is not equivalent to enforcement of the building codes, the subject matters being covered by totally different chapters of the Florida Statutes. Therefore, the building code fees and fines cannot be intermingled with the licensing fees or the fines I related to violations of anything other than the building code, for purposes of accounting for the proper expenditure of the fees and fines related solely to building code enforcement. Clearly, the funds generated by building pennit fees, accounted for in 322005SG BUILDING PERMITS, can be used for the purposes set forth in subsection (7)(a): direct costs and reasonable indirect costs associated with review of building plans, building inspections, reinspections, and building pennit processing; building code enforcement; and fire inspections associated with new construction. The statute specifically allows training costs, and all other costs related to the provision of building code enforcement, including building and utility costs, as well as personnel involved in building code enforcement, from those doing the review of plans for compliance with building code requirements through those involved in inspections, red-tagging, and hearings regarding building code violations. However, to the extent any hearing is a hearing for purposes of disciplining a contractor under 6-66( I 0) or 6-68(d), MCC, building pennit fees cannot be used to cover the expenses related to the hearing. Subsection (7)(b)4. There are other sources of funding which can be used for disciplinary action against licensed contractors _ 322103S0 BLDG. PERMIT -COMPETENCY C and 354002SG FINES-LOe ORD-EXAMIN BD. The latter could be used for the personnel and overhead costs related to contractor licensing and discipline, and enforcement against unlicensed contracting. It should be noted that to the extent the disciplinary fines and the licensure fees do not cover enforcement action pertaining to unlicensed contractors, building pennit fees could supplement that particular activity. Also pennissible for use in the enforcement of the building code would be the funds currently accounted for in 3419168G ADMIN FEES-BUILDING. There appear to be other fees accounted for in Fund 148 which are generated to cover planning and zoning OT other general government activities. Example; 3419058G SER V-OTHER-P LANNING FEES, etc. There do not appear in Fund 148 revenue accounts any items for inspections of public buildings for a reduced fee or no fee, or to cover public infonnation requests, community functions, boards, and any other program not directly related to enforcement of the Florida Building Code. One solution to the issue raised by subsection (7)(b)3, prohibiting building fees from use for public I Ch, 553 would allow the use of building fees for enforcement action related to unlicensed conlraClOr activity to the eXlentlhat other user fees are not available for this purpose. ~6.90.MCC. provides for $500 fine for unlicensed aClivity, but il is unlikely thaI the licensing fees uoder ~6.63, maxing out at $200 for a GC, are even remotely sufficient to pay the costs related to licensing activity, much le,;s unliceoscd activity. It is possible tbat tines may be as.~essed under Ch. 6. MCC, related to BuildlOg Code violations, bUI there so far does nOI seem to be a mechanisnl for treating lho!<C fines as a different kind of revenue than the tioes for licensing and other conduct related 10 the lran.c.acrion of business as a contractor (as opposed to aClllal construction activity). Use of Building fees 2-16-07 - information requests (community functions and boards being a problem of which I am aware), would be for the establislunent of a public records request policy that provides for the charges received by the individual offices for responding to requests to be credited to accounts set up for each department's response to puhlic records. To recap the above, those revenue accounts which can be used for operation of the Building Department for activities related to Building Code Enforcement, including personnel and overhead such as cost to operate and maintain the office space and vehicles used for that purpose and the related personnel costs are: 3220058G BUILDING PERMITS 34191680 ADMIN FEES-BUILDING. If you have other questions regarding this opinion, please let me know. Use ofBuildin& fees 2.16.{)7 ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* Page 1 of6 . . ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* *Editor's note: Ord. No. 31-1985, adopted and effective Sept. 20,1985, amended this Code by the addition of material designated by the editor as art. XIII, 99 2-388-2-407. Cross references: 2-235 et seq. Sec. 2-388. Created; purposes. There is hereby created, pursuant to the authority granted in chapter 125, Laws of Florida, and article 7, section 9(b), Florida Constitution, a municipal service taxing unit (district) for the purpose of providing the following essential municipal services: (1) Land use planning, including but not limited to all those functions described in the Local Government Comprehensive Planning Act as amended, Florida Statutes, section 163.3161 et seq., and chapter 380, Laws of Florida; (2) Drafting and analysis of all land use or building regulations, of whatever type and however denominated, when so requested by the board of county commissioners; (3) The administration and enforcement of all building codes and controls, including the issuance of permits; (4) Code enforcement under chapter 162, Laws of Florida; (5) The office of the fire marshal, whose duties shall be as defined by general and special law and county ordinance and resolution; (6) Parks, beaches and recreation, the provision of which shall be as authorized by general and special law and county ordinance and resolution; and (7) Local road patrol law enforcement services which means regularly scheduled patrol by uniformed law enforcement officers in marked patrol cars whose full-time duty assignment involves responding to calls for service and engaging in crime prevention activities, sergeants who provide first-line supervision to those officers, and general case detectives not assigned to investigate major crimes or function as crime scene technicians. In carrying out the purposes described in this article, the district shall be financed from ad valorem taxes collected solely within the district. Nothing contained herein shall prevent the district from charging various fees, as determined by the board of county commissioners, for any service or services rendered to any specific person or persons, regardless of whether such person or persons are real or incorporeal. However, when such fees are collected by any department of the county or a law enforcementagency in the course of providing any of the services described in subparagraphs (1) through (7) of this section, then those fees may only be expended by the department or law enforcement agency which collected them. (Ord. No. 31-1985, 92; Ord. No. 34-1986, 9 1; Ord. No. 29-2000, 9 1) Cross references: Buildings and construction, ch. 6; code enforcement board, 96-285 et seq.; planning, ch. 14; subdivisions, ch. 17; zoning, ch. 19. http://library2.municode.comlmcc/DocView/11270/1/5/22?hilite=2 388; 10/12/2006 ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* Page 2 of6 . , Sec. 2-389. Name of district. The district shall be known as the Monroe County General Purpose Municipal Service Taxing Unit and shall include all of the unincorporated lands in the county. (Ord. No. 31-1985, S 3; Ord. No. 34-1986, S 2) Sec. 2-390. Governing body. The governing body of the district shall be the board of county commissioners. (Ord. No. 31-1985, S 4) Sec. 2-391. Powers of district governing body. The governing body of the district shall have all the power of a body corporate, including the power to enter into interlocal agreements pursuant to chapter 163, Florida Statutes, or otherwise; to contract on behalf of the district; to sue and be sued; to adopt and use a common seal and to alter the same at pleasure; to acquire, by either gift or purchase, lease and convey real estate and personal property, including equipment, and except as such transactions may be limited herein, as the governing body maydeem proper or expedient to carry out district purposes; to employ such experts, agencies and employees as the governing body may deem advisable; and to borrow money and to issue negotiable promissory notes, certificates of indebtedness as hereinafter provided. In order to carry out the purposes enumerated in section 2 [2-388], the district may exercise the powers, including implied powers, granted by all applicable general and special laws, ordinances and resolutions. (Ord. No. 31-1985, 95) Sec. 2-392. Clerk; compensation of members. The Clerk of the Circuit Court, Sixteenth Judicial Circuit of the State of Florida, as ex officio clerk of the board of county commissioners, shall be ex officio clerk, auditor, recorder of the minutes and accounts, and custodian of the district's funds. The members of the governing body shall not receive an additional compensation for their service as members. (Ord. No. 31-1985, 96) Sec. 2-393. Audit of books. The books of the district shall be audited by the same officers and in a like manner as the books of other county officers and departments in conformance with Florida Statutes section 11.45. (Ord. No. 31-1985, 97) Sec. 2-394. Acquisition of property. The governing body shall have the power to acquire any real or personal property through the use of installment or deferred payments, but only to the extent that such are lawful under article VII, sections 10 and 12, Florida Constitution, and any general or special law implementing the same. http://library2.municode.comlmcc/Doc ViewI11270/1/5/22?hilite=2 388; 10/12/2006 ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* Page 3 of6 , (Ord. No. 31-1985, S 8) Sec. 2-395. Right of governing body to borrow. The governing body, in order to carry out the purposes of the district, is authorized to borrow money and issue certificates of indebtedness therefor upon such terms and at such rates of interest as the governing body may deem advisable in accordance with article 7, section 12, Florida Constitution, the implementing statutes, chapter 125, Laws of Florida [Florida Statutes], and any other applicable general or special law. The certificates of indebtedness may be a charge upon all revenues derived from taxesin that fiscal year or may be made payable from budgetary requirements in due course of law, as the governing body may elect. (Ord. No. 31-1985, S 9) Sec. 2-396. Deposit, disbursement of funds. The district funds shall be deposited in the name of the district in a bank authorized to receive deposits of county funds, which bank shall be designated by a resolution of the governing body. Such designation of the bank for the deposit of funds therein shall be the exercise of due care and diligence on the part of the clerk for the safekeeping of said funds. No funds of the district shall be paid or disturbed save and except by warrant, signed by the chairman of the governing body and attested by the cleric (Ord. No. 31-1985, S 10) Sec. 2-397. Expenditures. The district funds shall only be expended for the following purposes: (a) The administration of the affairs and business of the district as authorized by the governing body; (b) The purchase, construction, care, upkeep, maintenance and operation of such real and personal property, including fixtures, necessary for carrying out the purposes of the district as stated in section 2 [2-388] of this article as authorized by the governing body; (c) Compensation for the employees of the district and for all consultants and other outside experts and staff as authorized by the governing body; (d) The repayment of all debts lawfully incurred whether authorized by the terms of this article or by general or special law. (Ord. No. 31-1985, S 11) Sec. 2-398. Services of independent contractors permitted; hiring of personnel. The governing body, when it deems it advisable, is authorized to acquire by gift or purchase, and to pay the purchase price for, the services of independent contractors for the purpose of carrying out any of the functions described in section 2 [2-388] of this article, only limited to the extent that the purchase or gift is controlled by general or special law. The governing body shall also have the authority to hire such personnel as the body deems advisable and to prescribe rules and regulations pertaining thereto so long as the same is not inconsistent with general or special law. http://library2.municode.comlmcc/DocView/11270/1/5122?hilite=2 388; 10/12/2006 ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* Page 4 of6 (Ord. No. 31-1985, 9 12) Sec. 2-399. Payment by municipalities under interlocal agreement. In the event an interlocal agreement is entered into between the district and a municipality, such agreement, in addition to being in compliance with chapter 163, Laws of Florida [Florida Statues], shall include an express provision as to how the municipality shall pay for its use of district services. The municipal funding source may be from funds derived from service charges, special assessment or taxes imposed within such municipality by such municipalities, or from budgetary payments made in the due course of law from such municipality to the district. (Ord. No. 31-1985, 9 13) Sec. 2-400. Duties of officers; meetings The officers of the district governing body shall have the duties, whether mandated by statute or common law, usually pertaining to, vested in, and incumbent upon like officers. A record shall be kept of all meetings of the governing body. The governing body may adopt the rules and regulations it deems necessary in and about the transaction of its business, and in carrying out the provisions of this article. (Ord. No. 31-1985,9 14) Sec. 2-401. Annual report; fiscal year. (a) The governing body of the district shall, on or before the first day of November, or such other date as may be required by general or special law, make an annual report of its actions and accounting of its funds as of the thirtieth day of September of each year in accordance with the provisions of general and special law and in the same manner as is required by other county departments and agencies. The report shall be filed in the office of the Clerk of the Circuit Court of the Sixteenth Judicial Circuit,whose duty shall be to receive and file such report and keep the same as a public record. (b) The fiscal year of the district is hereby fixed as commencing on the first of October and ending on the thirtieth of September. (Ord. No. 31-1985, 9 15) Sec. 2-402. Warrant required for payment of district funds. The funds of the district shall be paid out only upon a warrant signed by the chairman of the governing body and attested to by the clerk and having thereto affixed the corporate seal of the district. No warrant shall be drawn or issued against the funds of the district except for the purposes authorized by this article, and no such warrant against the funds of the district shall be drawn or issued until after the account or expenditure for which the same is to be given in payment has been ordered and approved by the governing body. (Ord. No. 31-1985, 9 16) Sec. 2-403. Tax levy authorized. http://library2.municode.comlmcc/Doc ViewI11270/1/5/22?hilite=2 388; 10/12/2006 ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* Page 5 of6 , , (a) The governing body of the district is authorized and empowered and directed annually to levy upon all the real and personal taxable property in the district a sufficient tax to pay all necessary costs, of whatever type including capital expenditures, as authorized by this article within the limits fixed for municipal purposes for municipal service taxing units under article VII, section 9(b), Florida Constitution, chapter 125, Florida Statutes, and Florida Statutes, section 200.071 (3). (b) The levy by the governing body of the taxes authorized by any provision of this article shall be by resolution of such body duly entered upon the minutes of the body. Millage shall be set and ad valorem taxes levied thereon in accordance with the provisions of general law and in like manner as required for the setting of millage and levy of ad valorem taxes by a county. It shall be the duty of the county commissioners to order and require the county property appraiser to assess, and the county tax collectorto collect, the amount of taxes so assessed or levied by the board of commissioners of the district upon the taxable property in the district at the rate of taxation adopted by said board of commissioners of the district for such year and included in the warrant of the property assessor and attached to the assessment roll of taxes for such year and included in the warrant of the property assessor and attached to the assessment role of taxes for this county each year. The tax collector of the county shall collect such tax so levied by such board in the same manner as other taxes are collected, and shall pay the same over to the governing body of the district levied upon within the time and in the manner prescribed by law for the payment by the tax collector of county taxes and shall be held by such body and paid out to them as provided in this article. Tax certificates and tax deeds shall be issued for all delinquent properties in accordance and in like manner as the same are authorized to be issued by chapter 197 of the Florida Statutes and other general and special law regulating the issuance of same for nonpayment of delinquent county and ad valorem taxes. (c) It is herein and hereby determined that the municipal service taxes herein provided for those services enumerated in section 2 [2-388] of this article are municipal assessments for municipal or peculiar benefits accruing to the properties within the district against which properties such levies are directed to be made. It is also herein and hereby found, determined and declared that the services enumerated in section 2 [2-388] of this article are public purposes and essential municipal services under the terms of Florida Statutes, section 125.01 (1 )(q). (Ord. No. 31-19859 17) Sec. 2-404. Referendum required for imposition of tax. Prior to the imposition of an ad valorem levy to extend not longer than two (2) years and such that it may cause the total millage in the district to exceed ten (10) mills or prior to the imposition of an ad valorem levy to be pledged for any form of indebtedness as described in article VII, section 12, Florida Constitution, a referendum election must be held and passed favorably by a majority of those electors voting in the election. The procedure shall be as follows: (a) The board of county commissioners, by resolution, shall request that the supervisor of elections conduct a referendum election within the territorial boundary of the district. In addition, the election procedure, including notice and the form of the ballot question, shall be in a manner conforming to general law. (b) The proposed levy shall be deemed to have passed when a majority of the electors voting in the referendum election shall have voted for the levy or levies described in the ballot. The proposed levy, if authorized by the electors and thereafter levied by the board of county commissioners, shall only be used for the purposes set forth on the ballot. (Ord. No. 31-1985, 9 18; Ord. No. 34-1986, 93) http://library2.municode.comlmcc/DocView/11270/1/5/22?hilite=2 388; 10/12/2006 ARTICLE XIII. PLANNING, ZONING AND BUILDING DISTRICT* Page 6 of6 .. , . Sec. 2-405. Payment of expenses authorized. The governing body is authorized to pay from the funds of the district all expenses necessarily incurred in the formation of the district. (Ord. No. 31-1985,919) Sec. 2-406. Effective date of amendments. Any amendment changing the boundaries of the district shall not be effective in the following fiscal year unless done before the first day of January which is prior to the commencement of said fiscal year. Any change in district purpose shall not be effective in the following fiscal year unless done before the first day of July which is prior to the commencement of said fiscal year, unless the consent of the property appraiser is obtained. (Ord. No. 31-1985, 920; Ord. No. 34-1986, 94) Sec. 2-407. Effect on previous legislation. (a) Nothing contained in this article shall be construed to alter or vitiate any existing ordinance, resolution, general or special law, regardless of whether the ordinance, resolution, general or special law is procedural or substantive, whose subject matter touches upon the purposes of the district enumerated in section 1 [2-388] of this article. Additionally, nothing in this article shall be construed to in any way alter, obstruct or prevent the board of county commissioners from exercising their authority,granted by general or special law, in regard to any subject which may involve the purposes enumerated in section 1 [2-388] of this article. (b) Nothing in this article shall be construed to in any way cancel or modify the term of any contract existing on the effective date of this article [September 20, 1985] between Monroe County and any person or persons, real or incorporeal, and regardless of the subject matter of the contract. (Ord. No. 31-1985, 921) Sees. 2-408--2-414. Reserved. http://library2.municode.comlmcc/DocView/11270/1/5122?hilite=2 388; 10/12/2006 A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Budget & Finance Bulk Item: Yes X No - Department: OMB Dept. Contact: Penny Kipp x4470 AGENDA ITEM WORDING: Approval to spend Police Facilities Impact Fees for a crime lab and approval to advertise a Public Hearing for a budget amendment of Fund 134, Police Facilities Impact Fees. ITEM BACKGROUND: Five years ago, the Florida Dept. of Law Enforcement closed its Monroe County forensic laboratory. To fill the need for crime lab services, the Sheriffs Office hired FDLE Crime Scene Detective Gary McCullough and continued to operate the lab in space provided free by FDLE. Last year, FDLE was unable to continue its support of the operation and the Sheriff was obliged to rent lab space. The crime lab provides services including analysis of blood, semen and other bodily fluids, crime scene investigation, and latent print comparison to all Monroe County law enforcement agencies as well as FDLE and the U.S. Immigration and Customs Enforcement Service. The increase in demand for services, according to Detective McCullough, "is close to 100%". PREVIOUS REVELANT BOCC ACTION: N/ A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $283,498 BUDGETED: Yes X No - COST TO COUNTY: $283,498 (Impact Fees) SOURCE OF FUNDS: 134-31000-560630 REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year - APPROVED BY: County Atty _ OMB/Purchasing ~ Risk Management _ DOCUMENTA TION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/27/01 - - - - - - - ----=- - ~--~ - -~-~---- -"- ......,....... c...r <;.. ----;::7 .> , t, Monroe County Board of County Commissioners F Impact Fee ExpenditQre Request Sedioo 1 - To be completed by requesting department Requestor: Mike Rice Title: Bureau Chief of Administration Date: Aueust 24. 2007 Facility type: Crime Lab Projectnarne: New Crime Lab Total Project COllt (capital only) ~ $ 215":'?:') '-/'1'2> . Description of project: -.five years ago. the Florida Dq>artmentofLaw Enforcement closed its Monroe County forensic laboratory. To fill the need for crime lab services. the S'heriff's Office hired FDLE Crime Scene Detective Gary McCullough @d continued to operate the lab in space nrovided free by FDLE. lasr year. FDLE was \IIlable to continue its Slip!)Oft of the oneration and 1he Sheriff wasoblieed to Tent lab space. The crime lab provides services inc1udin2 analysis of blood. semen and other hodllv fluids. crime scene investij!3.tion. aod latent print conwarison to all Monroe County law enforoemen! lU!encies as well as FDLE and the U.S. Immigration and ClJSto1m Enforcement Service. The increase in ~ furseTVices. according Deteeti.ve McQdlough. "is close to )000..1.". ' Impact fee district: COUDty- Wide Boundarie~ of Service Area: County-Wide Boundaries within project's fee district Yes X No _ Type of project: Capital X Operational_ Maintenance Project start date: 8120107 U!I\.-fullife of project: 30 years (Must exceed 5 years to qualify as capital project) Project serves: Developmenr that existed in 1986 Yes started after 1986 Yes ptojected beyond current year Yes Would projectbave been needed to maintain level of service standards ifno growth had occurred since 1986: Yes .. -..", -, ~-,,- "..-_,,fl Acting Director Date: 9/4/07 Reviewer: TItIe:i~~ Nat. Resources -,-,. n_ - -. Partial Fundin $: Full Funding $: .. . ..a Q_ it> 2<6'3,'-1 ~ - . _H . -~'''. ... Notes: This project is critical to the welfare of Monroe County Citizens_ This Expenditure must be for capital services and serve the increased t:onril=:t:,'vil=:it:or and l=:econd home population. ...... 3~ . RevieW'< .~ T/tl.~. eOt'-<-<<-9f;1a~~-1"', Y;d.--7 Co ur with pJ3IlDing review v Object to planning review Notes: 'c ; ~ . , Section 4 - OMB review Reviewer: PiW\MO" \on~MA -~~ Title: . {'?n. rl~.-I :t ./}huQi.f* Date: q -s <)7 Funds available: Yes V No Transfer request prepared: Yes - No.!:::': Resolution prepared: Yes _ No !::::. - Agenda summary prepared? Yes v No _ Project code: Date of HOeC action: __ ~f* . I c; + 0 ct. n , 2007 OMB 1'""" R..;..d1i2tJ'}i LJ ( <- d +0 a rrll n.d b*s e.+ _ . -, S(p-t-i'3 /'2(.)(':)'7 GO(( 10 C<.ffrov-e to CtdvPv-bS.( \=O~4 P~b(,C \-\-L ,^-V I "S;;- 0 ~ l Y'\d ~ ~i{ d <;,4 Clc..", . () ) 6'7 (bc>cc -\0 c:tpr-c?yt? q fflt't"'.d t::\ ~'>cd~<.t .- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Budaet and Finance Bulk Item: Yes ~ No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contract with Florida Department of Law Enforcement for SMART Moves/Marathon proaram funded bv the Edward Bvrne Justice Assistance Grant Proaram. ITEM BACKGROUND: Federal funds are provided throuah the Florida Department of Law Enforcement. Substance Abuse Policv Advisorv Board (SAPAB) reviews proposals and makes recommendations to BOCC for local fundina of proarams. PREVIOUS RELEVANT BOCC ACTION: Participation in Bvrne Grant Proaram since approximatelv 1990. Approval of Certificate of Participation at Mav 2007 meetina. Approval of SAPAB recommendations at June 2007 meetina. Contract with the provider is also on todav's aaenda. CONTRACT/AGREEMENT CHANGES: New contract: however. this proaram has been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval TOTAL COST: $35.000.00 BUDGETED: Yes ~ No D COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes D No ~ AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY D OMB/PURCHASING D RISK MANAGEMENT D DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/07 Enforcement Expiration Date: 9/30/08 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Boys and Girls Club S.M.A.R.T. Gang Prevention program as part of Monroe County's FY08 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meetinQ on 09/19/07 Aaenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $35,000.00 Current Year Portion: $35,000.00 Budgeted? Yes X No Account Codes: 125-06018-530490-GG081 0- XXXXXX Grant: $35,000.00 County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (e.a. Maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD - Risk Management - YesD NoD - O.M.B./Purchasing - YesD NoD - County Attorney - YesD NoD - Comments: - OMB Form Revised 9/11/95 MCP #2 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2008-JAGC-MONR-1-Q9-016, in the amount of $ 35,000.00, for a project entitled, BOYS AND GIRLS SMART - MARATHON AREA III, for the period of 10/01/2007 through 09/30/2008, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11D-9.006 OCJG-012 (Rev. October 2005) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: 8- ~~-o"" Grant Period: From: 10/01/2007 TO: 09/30/2008 - Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Grant Number: 2008-JAGC-MON R-1-Q9-0 16 Federal Funds: $ 35,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 35,000.00 State Purpose Area: 04A: Community Crime Prevention CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P. L. 90-351, as amended, and P. L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. QQ~ ~. ~ Authorize Official Clayton H. Wilder Administrator %-~4-o'l Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccd is4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # 2008-JAGC-633 Section #1 Page 1 of 2 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-fl.gov Application Ref # 2008-JAGC-633 Section #1 Page 2 of 2 Contract 2008-JAGC-MON R-1-Q9-0 16 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification It is a well-documented fact that children, their families, and the entire community benefit dramatically from having easily accessible quality after school programs. Data from a national study of after school programs by the Nellie Mae Foundation indicate that children who spend three or more hours home alone after school are significantly more likely to use drugs or alcohol, have high levels of stress and anger, experience more depression and behavioral problems, possess a lower self-esteem, and perform poorly academically. At the end of each school day, nearly 1,300 children from the city of Marathon will leave the safety of their classrooms. Some will go home to a parent, some will go to an extracurricular activity, and some will go to work. But many children will go it alone. Lacking adult supervision or access to an after school program, these children will be in danger. We know from various studies and statistics that the rate of juvenile-related crime actually doubles during after school hours. This period of time is when a youth is most likely to commit a sexual assault, become involved in substance abuse, sexual activities, or crime. The Boys and Girls Club fills that void and reduces the risk of criminal and antisocial behaviors by offering positive after school programming for children. In addition, due to the high cost of living and the lack of affordable housing in Marathon and throughout Monroe County, most parents are forced to work two jobs. This results in a tremendous number of latch-key children being left with little or no adult supervision during the critical after school hours, school holidays, and vacations. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. Too many children today grow up with few, if any, positive role models and little, if any, encouragement to resist alcohol, tobacco, other drugs, delinquent acts or sexual activity. The norm and expectation for these young people, whether, perceived or real, is that it is almost a "rite of passage" to participate in these destructive and often dangerous behaviors or actions. Not only is this the perception of young people themselves, but often the perception of the adults in their lives whose passive resignation encourages rather than discourages these behaviors. While young people are often taught skills to prepare them to face educational challenges, at critical stages of psychological, emotional, and intellectual development, they are often not taught the skills needed to make the successful transition from childhood to adulthood and to resist engaging in delinquent behaviors, premature sexual activity, or experimenting with drugs and alcohol. The Boys and Girls Club is committed to offering positive after school programs for youth in the community that address the issues of tobacco, alcohol, drugs premature sexual activity, violence, STDS gang activity, and healthy life skills. Today there are currently over 450 children who are members of the Boys and Girls Clubs of the Keys. In addition to these members, the Boys and Girls Clubs have provided Application Ref # 2008-JAGC-633 Section #2 Page 1 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide positive youth development and recreational opportunities to over an additional 1,500 children this past calendar year our after school Clubs in Key West, Big Pine Key and Marathon provides services to over 180 children daily. During the summer we provide children with summer programming in Key West, Big Pine Key, Marathon and Key Largo for over 500 children. Over eighty percent of these youth are from single family homes or have a history of domestic violence or criminal involvement within their families. Over ninety percent are from families with annual incomes of less than $22,000 or families that receive subsidized childcare support and are functioning at or below the Monroe County Poverty Level Index. Our Clubs were open for almost 250 days last calendar year for children every day after school, school holidays and school vacations. Currently, all children who attend a Boys and Girls Club receive some form of financial assistance. This assistance is either from the Department of Children and Families or from a Boys and Girls Club Scholarship. Project Summary For twenty years, first as the Florida Youth Center and later as the Boys and Girls Clubs of the Keys Area, our organization has been at the forefront of youth and character development, working with young people from disadvantaged economic, social, and family circumstances. The Boys and Girls Clubs of the Keys Area have actively sought to enrich the lives of girls and boys whom other youth agencies have had difficulty reaching. We are dedicated to ensuring that our community's disadvantaged youngsters have greater access to quality programs and services that will enhance their lives and positively shape their futures. The Boys and Girls Clubs of the Keys Area have the experience and resources to continue to successfully manage and meet the goals and objectives of this program. This past year our Clubs in Key West and Big Pine Key have expanded; we were also able to expand and administer our preventive program/after school program at Stanley Switlik in Marathon. The Boys and Girls Clubs of the Keys is excited about continuing our partnership with the Monroe County School District and Monroe County with the continuation and expansion of this preventive program, now in its third year. This partnership will result in the expansion and scope of pre- and after-school activities at Stanley Switlik School. These activities and programs will support learning, motivation and leadership development. Our target population is at-risk elementary and middle school students; a special effort will be made to reach minority and low socioeconomic students. The children will have structured activities, breakfast, after school snacks and supervision prior to and after each school day. The goal of this program is to better equip these targeted students with the skills to needed to be successful in their homes, schools and communities. This program will be under the direction of certified teachers and counselors and will offer homework help, prevention programs and activities, and organized recreational activities. The School District will provide transportation home after school. Our successful and extensive experience in youth development has shown that utilizing small, peer-driven groups is the best way to promote sound character and strong leadership skills. With the guidance of caring adults, who mentor and empower them, members develop essential character traits, including responsibility, respect for self and others, trustworthiness, fairness, and caring - as they learn positive leadership skills that help them influence others in positive ways. Education and career development activities are designed to give young people the sense that they can do something well and have individual worth. Career exploration, discussing and debating important social issues, such as gang awareness, drug use and prevention, teenage pregnancy, STD'S, Application Ref # 2008-JAGC-633 Section #2 Page 2 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide nutrition, and child abuse prevention offer constructive and ongoing dialogue. Health and fitness playa vital role in the Club which fosters and encourages healthy physical development, team building skills and other important life skills. Through recreational activities, Club members have fun and acquire self-confidence, a sense of fair play and skills in interpersonal relationships. These are the goals of Club-related activities and programs. Our goal and commitment over the next funding cycle is to continue and enhance our efforts with our SMART Moves preventive programs by implementing this program in our Club in Marathon. These preventive programs are age specific and designed to encourage collaboration, interaction, support and education among Club staff, youth, parents, and community service providers. The goals of each of these programs are to develop a positive concept of self worth, development of leadership skills; build resiliency, peer support and enhance each child's abilities to make positive decisions, to think before acting, and to be proactive to situations rather than reactive. These year round programs are designed to educate and assist young people to resist alcohol, tobacco, substance abuse, delinquent behavior, gang involvement and premature sexual behaviors. The SMART Moves program serves as the foundation for SMART Parents, SMART Girls; Passport to Manhood, Act Smart and Street Smart. In addition to continuing to enhance our efforts with our SMART Moves programs, we will continue with our efforts to improve and expand our academic tutoring program. Power Hour currently provides academic assistance to over 25 youth daily at our May Sands office. Expansion of and formalizing the Club's commitment to various community service projects will be enhanced. The Club feels that it is important for our members to give something back to the community which fosters each child's belief that he/she is part of a larger community. Application Ref # 2008-JAGC-633 Section #2 Page 3 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Activity: Academic Tutoring Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: After School Program Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Community Service Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Application Ref # 2008-JAGC-633 Section #3 Page 1 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Life Skills Training Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Application Ref # 2008-JAGC-633 Section #3 Page 2 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Recreation Program Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Objectives and Measures Objective: 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Goal: 8 Objective: 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 25 Objective: 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 20 Application Ref # 2008-JAGC-633 Section #3 Page 3 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Measure: Part 1 How many life skill development education classes will be presented? Goal: 20 Objective: 04A.04 - Create, expand, or enhance community, neighborhood, or school-based recreation programs. Measure: Part 1 Will the subgrant create or expand one or more community or neighborhood recreation programs? Goal: Yes Measure: Part 2 Will the activities include academic tutoring? Goal: Yes Measure: Part 3 Will the activities include drug awareness and prevention education? Goal: Yes Objective: 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 4 Objective: 04A.15 - Provide academic tutoring to a specified number of students. Measure: Part 1 How many individuals will receive academic tutoring services? Goal: 20 Application Ref # 2008-JAGC-633 Section #3 Page 4 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: n/a Question: If "other" was selected for location type, please describe. Answer: n/a Application Ref # 2008-JAGC-633 Section #3 Page 5 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $35,000.00 $0.00 $35,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $35,000.00 $0.00 $35,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-JAGC-633 Section #4 Page 1 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: TOTAL BUDGET (CONTRACTUAL SERVICES): $35,000.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: Prevention Coordinator or DARE Officer $25/hr X 2 hrs X 35 weeks X 1 $ 1,750.00 FICA $ 134.00 TOTAL $ 1,884.00 Marathon Program Director $25/hr X 8 hrs X 35 weeks X 1 $ 7,000.00 FICA $ 536.00 TOTAL $ 7,536.00 PM Academic/Activity Coordinators (2) $25/hr X 6 hrs X 35 weeks X 2 $10,500.00 FICA $ 803.00 TOTAL $11,303.00 Media/Computer Coordinator (1) $25/hr X 4hr X 35 weeks X 1 $ 3,500.00 FICA $ 268.00 TOTAL $ 3,768.00 AM Academic/Activity Coordinators (2) $25/hr X 3.5 hr X 35 weeks X 2 $ 6,125.00 FICA $ 469.00 TOTAL $ 6,594.00 Lower Keys Unit Director (1) $14.42/hr X 5 hr X 35 weeks X 1 $ 2,524.00 FICA $ 193.00 TOTAL $ 2,717.00 TOTAL SALARY AND FICA $33,802.00 EXPENSES: Operating Supplies $1,198.00 (paper, videos, workbooks, etc.) TOTAL BUDGET $35,000.00 SERVICES WILL BE PROVIDED UNDER CONTRACT BY THE BOYS AND GIRLS CLUBS OF THE KEYS. Application Ref # 2008-JAGC-633 Section #4 Page 2 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2008-JAGC-633 Section #4 Page 3 of 3 Contract 2008-JAGC-MON R-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies anGl state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-13;3, A-87, as,applicable; E.O. 12372, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28 CFR, Part 38. .;;.. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State~ Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2008 Page 1 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) All project expenditures for reimbursement of subgraot recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accoL)nting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21 , A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2008 Page 2 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2008 Page 3 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agreesto use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact OCJG for award number] awarded by the Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year The audit shall be performed in SFY 2008 Page 4 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 1145 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: . Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2008 Page 5 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2008 Page 6 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, ie., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The $ubgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. SFY 2008 Page 7 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S, using the level 2 standards set forth in that chapter. b. All employees in positions ,designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law SFY 2008 Page 8 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints 29. Drug Court Projects a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the US. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with thiS award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 US.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds The signed certification must be SFY 2008 Page 9 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 U.s.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 USC. 3783 (a) and 28 CFR Section 42207 Compliance Information) c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approvaL The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act CINA") The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2008 Page 10 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction: (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain: (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U. S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2008 Page 11 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenUimpact statements as required under the National Environmental Policy Act a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, SFY 2008 Page 12 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the slte(s) where any remaining chemicals, equipment, and waste form a seized laboratory'soperations are placed or come to rest Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel'who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2008 Page 13 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lepgov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19, 1982 (16 USC 3501 et seq) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the SFY 2008 Page 14 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. NO.1 07 -77) and agrees to remain in compliance during the life of the grant This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. National Information Exchange Model specifications -To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://wwwniemqov/implementationquidephp. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements,as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Certification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2008 Page 15 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3 A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: . (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. 55. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to httpl/wwwojpusdoLqov/ec/stateshtm. 56. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 57. Supplanting The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds. SFY 2008 Page 16 Rule Reference 110-9 006 OCJG-005 (rev October 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Prooram SUBGRANTEE CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for fede al assistance is approved or face loss of federal funds. Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: t/z5/ 07 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 110-9.006 OCJG-006 (Rev. March 2007) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program IMPLEMENTING AGENCY CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. _Is Included in the EEO Plan of the Subgrant Recipient. Recipients that meet criteria (i) and (Hi) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for fe ral assistance is approved or face loss of federal funds. Signature of Impleme Ing Agency Authorized Official Type Name: Thomas J. Willi Title: County Administrator Implementing Agency: Monroe County Board of County Commissioners Date: 1I/~4 07 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 110-9.006 OCJG-007 (Rev. March 2007) RESOLUTION NO. 219a - 2007 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2008 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on May 16,2007, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $140,746.00 with an additional $0.00 cash match requirement (total of $140,746.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ,....., ..:. c::::) MONROE COUNTY, FLORIDA, that: ~ ~ ::3 . , ;2~~.: c- . /) c:: 1. The Board of County Commissioners concurs with the Monroe Cquffiy ~ N Substance Abuse Policy Advisory Board's recommendations; a~~t 0'\ -- , -0) 2. The County Administrator is hereby authorized to sign and subrtl:tqhe ~ .._, ~- application packet for the Fiscal Year 2008 grant funds to the Ft6r.16a: == __j Department of Law Enforcement Edward Byrne Memorial Justi~ A~ist~ce J-~ Grant (JAG) Program; and that ;> N- , 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, A.D., 2007. Mayor Di Gennaro Yes MONROE COUNTY ATTORNEY AP OVF~ A.S T FO)1M: . '~--"" Mayor Pro Tem Spehar _X~s U..-t(l4_ J... ~t, ......-:'...,.. " - - Commissioner McCoy Yes / , YNTHIA L. ALL .' Commissioner Neugent . ..- Yes AS,SISTANF COUNTY ATTORNEY Commissioner Murphy Yes Date (; L L: .- (f (Seal) DANNY ~GE, ClertMonroe County Boa,rd ~ Commissioners --- 7 . tc 0~){f~ Atteft.. J~~. - Y ;D.C. By: . c- - Crerk of Court Mayor Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: 0~ N. Lv-t}AY Typed Name and Title: Date: g.- ~~. J 7 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) County Board of County Commissioners Typed Name and County Administrator Date: //"2:10{ Implementing Agency Official, Administrator or Designated Representative Typed Name of ImPlement~ e County Board of County Commissioners Signature: Typed Name and County Administrator Date: Application Ref # 200B-JAGC-633 Section #6 Page 1 of 1 Contract -JAGC-MONR- - - BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18. 2007 Division: Budaet and Finance Bulk Item: Yes [gI No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contract with Bovs and Girls Club. provider of SMART Moves/Marathon Prevention proaram funded bv the Edward Bvrne Memorial Justice Assistance Grant Proaram. ITEM BACKGROUND: Federal funds are provided throuah the Florida Department of Law Enforcement. Substance Abuse Policv Advisorv Board (SAPAB) reviews proposals and makes recommendations to BOCC for local fundina of proarams. PREVIOUS RELEVANT BOCC ACTION: Participation in Bvrne Grant Proaram since approximatelv 1990. Approval of Certification of Participation at Mav 2007 meetina. Approval of SAPAB recommendations at June 2007 meetina. Correspondina contract with FDLE is also on todav's aaenda. CONTRACT/AGREEMENT CHANGES: New contract: however. this proaram has been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval. TOTAL COST: 35.000.00 BUDGETED: Yes [gI No D COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes D No [gI AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY D OMB/PURCHASING D RISK MANAGEMENT D DOCUMENTATION: INCLUDED: [gI NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: - MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contra.ct with: Boys and Girls Club Effective Date: 10/01/07 Expiration Date: 9/30/08 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the S.M.A.R.T. Gang Prevention program as part of Monroe County's FY08 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $35,000.00 Current Year Portion: $35,000.00 Budgeted? Yes X No Account Codes: 125-06018-530490-GG0810-XXXXXX Grant: $35,000.00 County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD - Risk Management - YesD NoD - O.M.B./Purchasing - YesD NoD - County Attorney - YesD NoD - Comments: - OMB Form Revised 9/11/95 MCP #2 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Boys and Girls Club whose address is 1400-B United Street, Key West, Florida, hereinafter referred to as "PROVIDER." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward Byrne Memorial Justice Assistance Grant Funds to the COUNTY to implement a program that provides S.M.A.R.T. Gang Prevention; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the PROVIDER is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice Assistance Grant Funds to the PROVIDER in accordance with the COUNTY'S application for the Edward Byrne Memorial Justice Assistance Grant Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the PROVIDER agree as follows: 1. TERM - The term of this Agreement is from October 1, 2007, through September 30, 2008, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Edward Byrne Memorial Justice Assistance Grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $35,000.00. The total sum represents federal grant/state sub-grant support in the amount of $35,000.00 and local matching funds in the amount of $0.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Subgrant Award Certificate" and "Application for Funding Assistance" therefor and all laws, rules and regulations relating thereto are incorporated by reference (Attachment C). 5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency under the COUNTY'S Edward Byrne Memorial Justice Assistance Grant Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Edward Byrne Memorial Justice Assistance Grant Program. 6. BILLING AND PAYMENT (a) The PROVIDER shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the PROVIDER. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. In the event there are any unused Edward Byrne Memorial Justice Assistance Grant Funds, the PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: David P. Owens Dan Dombrowski, Executive Director Monroe County Grants Administrator Boys and Girls Club 1100 Simonton Street 1400-B United Street Key West, FL 33040 Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the PROVIDER at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER receives notice of material breach, it will haye thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an independent contractor. No statement in this agreement shall be construed so as to find the PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the COUNTY. Persons employed by the PROVIDER in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the PROVIDER. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Boys and Girls Club By: Witness Name/Title: ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX. XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this _ day of 2001 by who is personally known to me. Notary Public Notary Stamp SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALL Y APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20_" NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2008-JAGC-MONR-1-Q9-016, in the amount of $ 35,000.00, for a project entitled, BOYS AND GIRLS SMART - MARATHON AREA III, for the period of 10/01/2007 through 09/30/2008, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: (5- ~~-O'1 Grant Period: From: 10/01/2007 TO: 09/30/2008 - Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Grant Number: 2008-JAGC-MONR-1-Q9-016 Federal Funds: $ 35,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 35,000.00 State Purpose Area: 04A: Community Crime Prevention CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-11 0 or A-1 02, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. QQ~ 14. ~ Authorize Official Clayton H. Wilder Administrator ~-~4-o'l Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-clerk.com Application Ref # 2008-JAGC-633 Section #1 Page 1 of 2 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccd is4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # 2008-JAGC-633 Section #1 Page 2 of 2 Contract 2008-JAGC-MON R-1-Q9-0 16 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification It is a well-documented fact that children, their families, and the entire community benefit dramatically from having easily accessible quality after school programs. Data from a national study of after school programs by the Nellie Mae Foundation indicate that children who spend three or more hours home alone after school are significantly more likely to use drugs or alcohol, have high levels of stress and anger, experience more depression and behavioral problems, possess a lower self-esteem, and perform poorly academically. At the end of each school day, nearly 1,300 children from the city of Marathon will leave the safety of their classrooms. Some will go home to a parent, some will go to an extracurricular activity, and some will go to work. But many children will go it alone. Lacking adult supervision or access to an after school program, these children will be in danger. We know from various studies and statistics that the rate of juvenile-related crime actually doubles during after school hours. This period of time is when a youth is most likely to commit a sexual assault, become involved in substance abuse, sexual activities, or crime. The Boys and Girls Club fills that void and reduces the risk of criminal and antisocial behaviors by offering positive after school programming for children. In addition, due to the high cost of living and the lack of affordable housing in Marathon and throughout Monroe County, most parents are forced to work two jobs. This results in a tremendous number of latch-key children being left with little or no adult supervision during the critical after school hours, school holidays, and vacations. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. Too many children today grow up with few, if any, positive role models and little, if any, encouragement to resist alcohol, tobacco, other drugs, delinquent acts or sexual activity. The norm and expectation for these young people, whether, perceived or real, is that it is almost a "rite of passage" to participate in these destructive and often dangerous behaviors or actions. Not only is this the perception of young people themselves, but often the perception of the adults in their lives whose passive resignation encourages rather than discourages these behaviors. While young people are often taught skills to prepare them to face educational challenges, at critical stages of psychological, emotional, and intellectual development, they are often not taught the skills needed to make the successful transition from childhood to adulthood and to resist engaging in delinquent behaviors, premature sexual activity, or experimenting with drugs and alcohol. The Boys and Girls Club is committed to offering positive after school programs for youth in the community that address the issues of tobacco, alcohol, drugs premature sexual activity, violence, STDS gang activity, and healthy life skills. Today there are currently over 450 children who are members of the Boys and Girls Clubs of the Keys. In addition to these members, the Boys and Girls Clubs have provided Application Ref # 2008-JAGC-633 Section #2 Page 1 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide positive youth development and recreational opportunities to over an additional 1 ,500 children this past calendar year our after school Clubs in Key West, Big Pine Key and Marathon provides services to over 180 children daily. During the summer we provide children with summer programming in Key West, Big Pine Key, Marathon and Key Largo for over 500 children. Over eighty percent of these youth are from single family homes or have a history of domestic violence or criminal involvement within their families. Over ninety percent are from families with annual incomes of less than $22,000 or families that receive subsidized childcare support and are functioning at or below the Monroe County Poverty Level Index. Our Clubs were open for almost 250 days last calendar year for children every day after school, school holidays and school vacations. Currently, all children who attend a Boys and Girls Club receive some form of financial assistance. This assistance is either from the Department of Children and Families or from a Boys and Girls Club Scholarship. Project Summary For twenty years, first as the Florida Youth Center and later as the Boys and Girls Clubs of the Keys Area, our organization has been at the forefront of youth and character development, working with young people from disadvantaged economic, social, and family circumstances. The Boys and Girls Clubs of the Keys Area have actively sought to enrich the lives of girls and boys whom other youth agencies have had difficulty reaching. We are dedicated to ensuring that our community's disadvantaged youngsters have greater access to quality programs and services that will enhance their lives and positively shape their futures. The Boys and Girls Clubs of the Keys Area have the experience and resources to continue to successfully manage and meet the goals and objectives of this program. This past year our Clubs in Key West and Big Pine Key have expanded; we were also able to expand and administer our preventive program/after school program at Stanley Switlik in Marathon. The Boys and Girls Clubs of the Keys is excited about continuing our partnership with the Monroe County School District and Monroe County with the continuation and expansion of this preventive program, now in its third year. This partnership will result in the expansion and scope of pre- and after-school activities at Stanley Switlik School. These activities and programs will support learning, motivation and leadership development. Our target population is at-risk elementary and middle school students; a special effort will be made to reach minority and low socioeconomic students. The children will have structured activities, breakfast, after school snacks and supervision prior to and after each school day. The goal of this program is to better equip these targeted students with the skills to needed to be successful in their homes, schools and communities. This program will be under the direction of certified teachers and counselors and will offer homework help, prevention programs and activities, and organized recreational activities. The School District will provide transportation home after school. Our successful and extensive experience in youth development has shown that utilizing small, peer-driven groups is the best way to promote sound character and strong leadership skills. With the guidance of caring adults, who mentor and empower them, members develop essential character traits, including responsibility, respect for self and others, trustworthiness, fairness, and caring - as they learn positive leadership skills that help them influence others in positive ways. Education and career development activities are designed to give young people the sense that they can do something well and have individual worth. Career exploration, discussing and debating important social issues, such as gang awareness, drug use and prevention, teenage pregnancy, STD'S, Application Ref # 2008-JAGC-633 Section #2 Page 2 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide nutrition, and child abuse prevention offer constructive and ongoing dialogue. Health and fitness playa vital role in the Club which fosters and encourages healthy physical development, team building skills and other important life skills. Through recreational activities, Club members have fun and acquire self-confidence, a sense of fair play and skills in interpersonal relationships. These are the goals of Club-related activities and programs. Our goal and commitment over the next funding cycle is to continue and enhance our efforts with our SMART Moves preventive programs by implementing this program in our Club in Marathon. These preventive programs are age specific and designed to encourage collaboration, interaction, support and education among Club staff, youth, parents, and community service providers. The goals of each of these programs are to develop a positive concept of self worth, development of leadership skills; build resiliency, peer support and enhance each child's abilities to make positive decisions, to think before acting, and to be proactive to situations rather than reactive. These year round programs are designed to educate and assist young people to resist alcohol, tobacco, substance abuse, delinquent behavior, gang involvement and premature sexual behaviors. The SMART Moves program serves as the foundation for SMART Parents, SMART Girls; Passport to Manhood, Act Smart and Street Smart. In addition to continuing to enhance our efforts with our SMART Moves programs, we will continue with our efforts to improve and expand our academic tutoring program. Power Hour currently provides academic assistance to over 25 youth daily at our May Sands office. Expansion of and formalizing the Club's commitment to various community service projects will be enhanced. The Club feels that it is important for our members to give something back to the community which fosters each child's belief that he/she is part of a larger community. Application Ref # 2008-JAGC-633 Section #2 Page 3 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Activity: Academic Tutoring Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: After School Program Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Community Service Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Application Ref # 2008-JAGC-633 Section #3 Page 1 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Life Skills Training Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Application Ref # 2008-JAGC-633 Section #3 Page 2 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Recreation Program Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Objectives and Measures Objective: 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Goal: 8 Objective: 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 25 Objective: 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 20 Application Ref # 2008-JAGC-633 Section #3 Page 3 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Measure: Part 1 How many life skill development education classes will be presented? Goal: 20 Objective: 04A.04 - Create, expand, or enhance community, neighborhood, or school-based recreation programs. Measure: Part 1 Will the subgrant create or expand one or more community or neighborhood recreation programs? Goal: Yes Measure: Part 2 Will the activities include academic tutoring? Goal: Yes Measure: Part 3 Will the activities include drug awareness and prevention education? Goal: Yes Objective: 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 4 Objective: 04A.15 - Provide academic tutoring to a specified number of students. Measure: Part 1 How many individuals will receive academic tutoring services? Goal: 20 Application Ref # 2008-JAGC-633 Section #3 Page 4 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: n/a Question: If "other" was selected for location type, please describe. Answer: n/a Application Ref # 2008-JAGC-633 Section #3 Page 5 of 5 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS / Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $35,000.00 $0.00 $35,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $35,000.00 $0.00 $35,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-JAGC-633 Section #4 Page 1 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: TOTAL BUDGET (CONTRACTUAL SERVICES): $35,000.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: Prevention Coordinator or DARE Officer $25/hr X 2 hrs X 35 weeks X 1 $ 1,750.00 FICA $ 134.00 TOTAL $ 1,884.00 Marathon Program Director $25/hr X 8 hrs X 35 weeks X 1 $ 7,000.00 FICA $ 536.00 TOTAL $ 7,536.00 PM Academic/Activity Coordinators (2) $25/hr X 6 hrs X 35 weeks X 2 $10,500.00 FICA $ 803.00 TOTAL $11,303.00 Media/Computer Coordinator (1) $25/hr X 4hr X 35 weeks X 1 $ 3,500.00 FICA $ 268.00 TOTAL $ 3,768.00 AM Academic/Activity Coordinators (2) $25/hr X 3.5 hr X 35 weeks X 2 $ 6,125.00 FICA $ 469.00 TOTAL $ 6,594.00 Lower Keys Unit Director (1) $14.42/hr X 5 hr X 35 weeks X 1 $ 2,524.00 FICA $ 193.00 TOTAL $ 2,717.00 TOTAL SALARY AND FICA $33,802.00 EXPENSES: Operating Supplies $1,198.00 (paper, videos, workbooks, etc.) TOTAL BUDGET $35,000.00 SERVICES WILL BE PROVIDED UNDER CONTRACT BY THE BOYS AND GIRLS CLUBS OF THE KEYS. Application Ref # 2008-JAGC-633 Section #4 Page 2 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2008-JAGC-633 Section #4 Page 3 of 3 Contract 2008-JAGC-MONR-1-Q9-016 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies anQ state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-13;3, A-87, as,applicable; E.O. 12372, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28 CFR, Part 38. .;. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State~ Local and Indian Tribal Governments", or OMB Circular A-21 , "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2008 Page 1 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2008 Page 2 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund) SFY 2008 Page 3 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, US Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact OCJG for award number] awarded by the Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year The audit shall be performed in SFY 2008 Page 4 Rule Reference 110-9006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 1145 and 215.97, Florida Statutes, and Chapters 10.550 and 10600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. I n this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shalll::le provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: . Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2008 Page 5 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2008 Page 6 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision b If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the US Department of Justice, the US. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. SFY 2008 Page 7 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F. S., using the level 2 standards set forth in that chapter. b. All employees in positions .designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law SFY 2008 Page 8 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement enforcement officer and submitted to the Department of Law Enforcement for processing and forvvarding, when requested by the employing agency, to the United States Department of Justice for processing The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints 29. Drug Court Projects a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 USC. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds The signed certification must be SFY 2008 Page 9 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S. C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 USC. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S DOJ, OCR for approval The submission shall be in both paper copy and electronic format If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA") The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department SFY 2008 Page 10 Rule Reference 110-9 006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U. S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2008 Page 11 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenUimpact statements as required under the National Environmental Policy Act a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, SFY 2008 Page 12 Rule Reference 110-9.006 OCJG-OOS (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel'who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2008 Page 13 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lepgov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EP A) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the SFY 2008 Page 14 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. NO.1 07 -77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. National Information Exchange Model specifications -To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, v.isit http://wwwniemqov/implementationquidephp. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Certification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2008 Page 15 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: " (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. 55. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://wwwoipusdoi.qov/ec/stateshtm. 56. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 57. Supplanting The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds. SFY 2008 Page 16 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Procram SUBGRANTEE CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for fede al assistance is approved or face loss of federal funds. Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: t/z1/ff/ FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 110-9.006 OCJG-006 (Rev. March 2007) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Proaram IMPLEMENTING AGENCY CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. _Is Included in the EEO Plan of the Subgrant Recipient. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for fe ral assistance is approved or face loss of federal funds. Signature of Impleme Ing Agency Authorized Official Type Name: Thomas J. Willi Title: County Administrator Implementing Agency: Monroe County Board of County Commissioners Date: 1(1,407 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 110-9.006 OCJG-007 (Rev. March 2007) RESOLUTION NO. 219a - 2007 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2008 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on May 16,2007, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $140,746.00 with an additional $0.00 cash match requirement (total of $140,746.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONE~ OF ,...., ..: . <:::) MONROE COUNTY, FLORIDA, that: ~ ~ =:: I ;2 <:?~.: c- .Ij c:: 1. The Board of County Commissioners concurs with the Monroe ~?ur:rtY ~ . Substance Abuse Policy Advisory Board's recommendations; anttlhat 0'\ ::_; 2. The County Administrator is hereby authorized to sign and subrlllqtte ~ .._, ~. application packet for the Fiscal Year 2008 grant funds to the Ft6r.-tds: == _.; Department of Law Enforcement Edward Byrne Memorial Justiqe A~ist~ce /~ Grant (JAG) Program; and that ;-"> N- 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, A.D., 2007. Mayor Di Gennaro Yes MONROE COUNTY ATTORNEY AP OVED AS T F 0)1 M: /,,,..,.., , '- Mayor Pro Tem Spehar _X~s (l..-t('l':_ 1- . _ti - Commissioner McCoy Yes /' , YNTHIA L. ALL .' Commissioner Neugent Yes AS.SISTANF COUNTY ATTORNEY Commissioner Murphy Yes Date (} l. i; .. (f (Seal) . DANNY ~GE, Clor~Monroe County Boa,rd ~ Commissioners (/---? ,I' !c . ~ .#~ Attesk 1~_. . P.C, By: . ~ - Crerk of Court Mayor Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: 0~ Ii. LtA~ Typed Name and Title: Date: g.- ~~. tJ 7 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) County Board of County Commissioners Typed Name and County Administrator Date: //-z10( Implementing Agency Official, Administrator or Designated Representative Typed Name of ImPlement~ e County Board of County Commissioners Signature: Typed Name and County Administrator Date: Application Ref # 2008-JAGC-633 Section #6 Page 1 of 1 Contract -JAGC-MONR- - - BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Budaet and Finance Bulk Item: Yes ~ No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contract with Florida Department of Law Enforcement for Family Treatment Drua Court proaram funded by the Edward Byrne Justice Assistance Grant Proaram. ITEM BACKGROUND: Federal funds are provided throuah the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BOCC for local fundina of proarams. PREVIOUS RELEVANT BOCC ACTION: Participation in Byrne Grant Proaram since approximately 1990. Approval of Certificate of Participation at May 2007 meetina. Approval of SAPAB recommendations at June 2007 meetina. Contract with the provider is also on today's aaenda. CONTRACT/AGREEMENT CHANGES: New contract: however. this proaram has been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval TOTAL COST: $55.746.00 BUDGETED: Yes ~ No D COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes D No ~ AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY D OMB/PURCHASING D RISK MANAGEMENT D DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/07 Enforcement Expiration Date: 9/30/08 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Family Treatment Drug Court Program as part of Monroe County's FY08 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meetina on 09/19/07 Agenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $55,746.00 Current Year Portion: $55,746.00 Budgeted? Yes X No Account Codes: 125-06026-530490-GG081 0- XXXXXX Grant: $55,746.00 County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (e.q. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD - Risk Management - YesD NoD - O.M.B./Purchasing - YesD NoD - County Attorney - YesD NoD - Comments: - OMB Form Revised 9/11/95 MCP #2 FDLE Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.state.fl.us AUG 1 3 2007 The Honorable Mario Di Gennaro Mayor Monroe County Board of Commissioners County Administration Office 1100 Simonton Street Key West, FL 33040 Re: Contract No. 2008-JAGC-MONR-2-Q9-017 Dear Mayor Di Gennaro: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 55,746.00 for the project entitled, FAMILY TREATMENT DRUG COURT IV. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made to these conditions after your application was received in this office. Therefore, these Standard Conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service. Integrity' Respect. Quality The Honorable Mario Oi Gennaro Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/410-8700. Sincerely, ~ ~IJ.~~ c ay~ H. Wilder Administrator CHW/JP/th Enclosures l , State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2008-JAGC-MONR-2-Q9-017, in the amount of $ 55,746.00, for a project entitled, FAMILY TREATMENT DRUG COURT IV, for the period of 10/01/2007 through 09/30/2008, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005) . State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: 8-/3-07 Grant Period: From: 10/01/2007 TO: 09/30/2008 Project Title: FAMILY TREATMENT DRUG COURT IV Grant Number: 2008-JAGC-MONR-2-Q9-017 Federal Funds: $ 55,746.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 55,746.00 State Purpose Area: 013: Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub-areas specify where services are provided. CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 or A-102, as applicable, and A-21 , in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. f SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. 6"., Qj)~.jJ.W;PIb~ Authorized fficial Clayton H. Wilder Administrator ~-/J - () 7 Date ( ) This award is subject to special conditions (attached). . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccd is4@monroecounty-f1.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # 2008-JAGC-634 Section #1 Page 1 of 2 Contract 2008-JAGC-MONR-2-Q9-017 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ( Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-f1.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # 2008-JAGC-634 Section #1 Page 2 of 2 Contract 2008-JAGC-MONR-2-Q9-017 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: FAMILY TREATMENT DRUG COURT IV Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 1 0/1/2007 End Date: 9/30/2008 Problem Identification This program addresses the outpatient substance, abuse treatment needs of domestic abuse offenders. Either substance abuse or child abuse/neglect has a devastating effect on families and the combination of the two can be overwhelming. The whole family feels the effects of the offender's substance abuse problem physically, mentally, and economically. Children being removed from their home or living with that possibility is both frightening and threatening to adults and children alike. The demand for outpatient substance abuse treatment in Monroe County far exceeds the county's capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. An estimated 205 children in the state of Florida die each year as a result of child abuse. The intent of the Dependency Law, as outlined in Florida Statute 39.001, is to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development. Although logically, a very important component of a healthy home environment would be non-abusing parents, there has been no program which addresses this important issue and no identified funding sources. Monroe County is, by definition, a small rural county with all the typical problems of small rural counties, including lack of treatment facilities and problems with transportation. It is common for someone to be referred for services to an agency whose nearest facility is fifteen to twenty miles from their home. It is common for many of the families involved to have no or unreliable transportation and there is no intercity mass transit. It is common for those supporting families to work two or three jobs to make ends meet in this, the most expensive county in the state of Florida. Project Summary The Care Center for Mental Health will provide a "Drug Court" model of substance abuse treatment services for identified clients of the Department of Children and Families who are involved both with dependency cases and the drug courts in the Middle and Upper Keys. The Family Treatment Drug Court Program will supply a qualified therapist, headquartered and supervised at the Care Center of the Upper Keys, to provide services from Big Pine Key to Key Largo. What makes this program work, and what makes it unique, is that some of the program components will be provided for the participants at their home or within their Application Ref # 2008-JAGC-634 Section #2 Page 1 of 3 Contract -JAGC-MONR- -- . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide own community. The Family Treatment Drug Court therapist will provide comprehensive intervention and treatment services on-site at the homes involved, at schools, at daycare centers, and in any other necessary location. Services are offered through a variety of educational outpatient treatment modalities. All clients will continue to fulfill the requirements of any Drug Court involved client, i.e. individual counseling, group counseling, regular urine assessments, and Twelve Step meetings but the monitoring and accountability will be with the Family Treatment Drug Court Counselor instead of the regular Drug Court counselor. In addition, such services as comprehensive case management, family counseling, child counseling, and vocational guidance will be offered. The program's goal is to provide services to an ongoing caseload of 20 child abuse offenders who also have a substance abuse problem. It is expected that 12 (60%) of the program participants will complete the prescribed treatment regime of one year's duration. The Family Treatment Drug Court Program supports the risk and protective theory of substance abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and protective factors for substance abuse within the domains of individual, family, peer, school, community and society. Substance abuse and dependency occur through the complex interaction of biological (genetics, changes in brain chemistry), psychological (beliefs, values, cognition), and sociological (drug availability, social and cultural norms) factors. The ultimate goal of services is the prevention, reduction, or elimination of the negative effects of alcohol and other drugs and the amelioration of any associated problems. The Family Treatment Drug Court Program supports a philosophy of research-driven and evidence-based prevention, intervention, and treatment protocols. Prevention services strive to decrease risk and strengthen protective factors. Treatment services focus upon client strengths and the appropriate use of clinical techniques to move clients through the treatment process in a supportive, motivational, and progressive manner towards positive outcomes. Services are organized consistent with a stage-based model of prevention, outreach and referral, clinical evaluation, treatment delivery and transitional care. Clients are treated in the least restrictive environment. Treatment planning is based on the outcome of the evaluation, and builds upon client strengths and addresses engagement, early recovery and continuing care issues. Treatment services utilize evidence-based practices that address substance abuse, mental health, and related issues in an integrated manner. Services are designed to be culturally appropriate. Continuing care integrates relapse prevention, individual counseling as needed, support groups, employment/education guidance, and strengthening of relationships with family and friends. All clinical services are provided with the intent of engaging clients early. Client and counselor attributes, skills, and program characteristics are assessed on an on-going basis. Admission to treatment is based on urinalysis results and a psychosocial assessment, which addresses the drug and alcohol patterns, family, medical, educational, vocational, legal, environmental, and mental status of the client. Information from other sources (i.e., family, other treatment centers, probation officers, etc.), is obtained when Application Ref # 2008-JAGC-634 Section #2 Page 2 of 3 Contract -JAGC-MONR- -- . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide appropriate. Clients will be treated in the most appropriate, least restrictive setting. We consider the severity of abuse and dependence, medical needs, prior treatment and outcomes, life skills (education, vocational, etc.) and external support systems. Clients in need of immediate medical treatment for dependence will be referred to an appropriate medical provider. Medical histories will be completed on all clients, and they will be referred for medical follow-up when appropriate. Clients at immediate risk of suicide or homicide or needing psychiatric care will be referred to the area Crisis Stabilization Unit. Clients in need of other services beyond the scope of the program will be referred appropriately. A variety of community resources exists, and referral handbooks are available to our clients. Referrals will be documented in the clinical record and follow-up information obtained. Treatment plans will be individualized and developed with the client. The plan will be updated at least monthly. Intervention strategies will include individual, group, and family therapy in addition to on going urinalysis and monthly Drug Court Status Hearing attendance. The program is designed to last about 12 months. All clinical services are conducted under the supervision of a qualified supervisor. Supervisors will provide consultation, clinical supervision, and review of work performance and record reviews. In addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a credentialed addiction professional. The program conducts quality improvement reviews of care quarterly. Step by step process of the drug court. (1 )-Case identified by Department of Children and Families, referral made for Drug Court assessment by DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified professional (3)-lf client meets treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a recommendation for placement is made and Judge places the client in the program. Clients in the program have been charged with child neglect or other charges in which substance abuse has been identified by DC&F counselors as an issue, as well as possession of controlled substances. Clients appear before the judge monthly, attend group therapy weekly and individual therapy as designated by phase of treatment the client is in. Frequency of family sessions is determined in the case plan. Application Ref # 2008-JAGC-634 Section #2 Page 3 of 3 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: 013 - Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub- areas specify where services are provided. Activity Description Activity: Assessment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Drug Court Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Outpatient Drug Treatment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Application Ref # 2008-JAGC-634 Section #3 Page 1 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Drug Testing Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Referrals Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Alcohol Testing Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Application Ref # 2008-JAGC-634 Section #3 Page 2 of 7 Contract -JAGC-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Domestic Violence Training Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Family Therapy Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Substance Abuse Treatment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Application Ref # 2008-JAGC-634 Section #3 Page 3 of 7 Contract -JAGC-MON R- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objectives and Measures Objective: 013.01 - Provide treatment services through various treatment modalities to a specified number of individuals. Measure: Part 2 How many clients will be provided INTERVENTION services? Goal: 20 Measure: Part 3 How many clients will be provided OUTPATIENT services? Goal: 20 Objective: 013.02 - Provide an array of treatment services. Measure: Part 1 Will most clients be provided psychosocial assessments? Goal: Yes Measure: Part 3 Will most clients be provided urinalysis? Goal: Yes Measure: Part 4 Will most clients be provided case management services? Goal: Yes Measure: Part 5 Will most clients be provided counseling services? Goal: Yes Objective: 013.03 - Assist a specified number of clients to successfully complete their treatment plan. Measure: Part 2 How many INTERVENTION clients will successfully COMPLETE their treatment? Goal: 8 Measure: Part 3 Application Ref # 2008-JAGC-634 Section #3 Page 4 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide How many OUTPATIENT clients will successfully COMPLETE their treatment? Goal: 8 Objective: 013.04. Establish or support a drug court program. Measure: Part 1 Will there be continued judicial supervision over offenders with substance abuse problems who are not violent offenders? Goal: Yes Measure: Part 2 Will there be mandatory periodic testing of each offender for the use of controlled substances or other addictive substances during any period of supervised release or probation? Goal: Yes Measure: Part 3 Will there be substance abuse treatment for each participant; probation or other supervised release involving the prosecution? Goal: Yes Measure: Part 4 Will there be confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress? Goal: Yes Objective: 013.05 - Serve a specified number of participants in a drug court program. Measure: Part 1 How many participants will there be in a drug court program? Goal: 17 Objective: 013.06 - Determine a specified number of participants wh~ will successfully graduate from participation in a drug court program. Measure: Part 1 How many drug court participants will successfully graduate from the program? Goal: 10 Application Ref # 2008-JAGC-634 Section #3 Page 5 of 7 Contract -JAGC-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Application Ref # 2008-JAGC-634 Section #3 Page 6 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # 2008-JAGC-634 Section #3 Page 7 of 7 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $55,746.00 $0.00 $55,746.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $55,746.00 $0.00 $55,746.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-JAGC-634 Section #4 Page 1 of 3 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: TOTAL BUDGET (CONTRACTUAL SERVICES): $55,746.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: Substance Abuse Counselor 38,000 FICA 2,907 Health Insurance 2,652 Subtotal Counselor 43,559 Clinical Director (.25) 7,434 FICA 569 Health Insurance 884 Subtotal Clinical Director 8,887 TOTAL SALARIES AND BENEFITS 52,446 EXPENSES: Travel between base in Marathon, office in Tavernier, and main office in Key West paid in accordance with Fla. Statute 112.061 1,500 Operating supplies, such as workbooks and videos 1,300 Office supplies 500 TOTAL EXPENSES 3,300 TOTAL BUDGET $55,746 SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY AND THE CARE CENTER FOR MENTAL HEALTH Application Ref # 2008-JAGC-634 Section #4 Page 2 of 3 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2008-JAGC-634 Section #4 Page 3 of 3 Contract -JAGC-MONR- - - Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies anGl state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-13;3, A-87, as, applicable; E.O.12372, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28 CFR, Part 38. .;.. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State~ Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2008 Page 1 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period (c) All project expenditures for reimbursement of subgraot recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions Failure to comply with the above provisions shall result in forfeiture of reimbursement (f) Reports are to be submitted even when no reimbursement is being requested (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), US. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient SFY 2008 Page 2 Rule Reference 110-9 006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2008 Page 3 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Oepartment shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, US Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agreesto use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact OCJG for award number] awarded by the Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Oepartment of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year The audit shall be performed in SFY 2008 Page 4 Rule Reference 110-9006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement accordance with the federal OMB Circular A-133 and other applicable federal law The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 1145 and 21597, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient c The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall oe provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2008 Page 5 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and ( 3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2008 Page 6 Rule Reference 110-9 006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, ie, increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the US. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons SFY 2008 Page 7 Rule Reference 110.9.006 OCJG-005 (rev October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S, using the level 2 standards set forth in that chapter. b. All employees in positions .designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation! and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law SFY 2008 Page 8 Rule Reference 110-9006 OCJG-005 (rev. Oclober 2005) . . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints 29. Drug Court Projects a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined In the U ,S, Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997 This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 US,C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of Individuals b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds The signed certification must be SFY 2008 Page 9 Rule Reference 110.9.006 OCJG-005 (rev, October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 USC 3701, et seq (Reference Section 803 (a) of the Act, 42 USC 3783 (a) and 28 CFR Section 42.207 Compliance Information) c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S DOJ, OCR for approval. The submission shall be in both paper copy and electronic format If the US DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted d. I n the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2008 Page 10 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Oepartment of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b This certification is a material representation of fact upon which reliance was placed when this agreement was made Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2008 Page 11 Rule Reference 110-9006 OCJG-005 (rev. October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenUimpact statements as required under the National Environmental Policy Act a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, SFY 2008 Page 12 Rule Reference 110-9006 OCJG-005 (rev. October 2005) . . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel'who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2008 Page 13 Rule Reference 110-9.006 OCJG-005 (rev October 2005) " . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address Office for Civil Rights Office of Justice Programs US. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U SC 470), Executive Order 11593, and the SFY 2008 Page 14 Rule Reference 110-9,006 OCJG-005 (rev. October 2005) ~ . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subJect to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must befeturned to the grantor 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 CF.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent 52. National Information Exchange Model specifications -To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines For more information on compliance with this condition, visit http://wwwniemqov/implementationquide.php. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Certification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R Part 22 and, in particular, section 22.23, Privacy Certification) SFY 2008 Page 15 Rule Reference 110-9006 OCJG-005 (rev. October 2005) f Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data 4. A description of the project containing assurance by the applicant that: . (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limitedto those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. 55. state Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to httpf/wwwojpusdoiqov/ec/stateshtm. 56. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jUrisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 57. Supplanting The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds SFY 2008 Page 16 Rule Reference 110-9 006 OCJG-005 (rev October 2005) 0 . CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for feder I assistance is approved or face loss of federal funds. Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: tl2.-5/;;1 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 110-9.006 OCJG-006 (Rev. March 2007) 1II . CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Proaram IMPLEMENTING AGENCY CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. _Is Included in the EEO Plan of the Subgrant Recipient. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for federal ssistance is approved or face loss of federal funds. Signature of Implementi Type Name: Thomas J. Willi Title: County Administrator Implementing Agency: Monroe County Board of County Commissioners Date: t/Zld? FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 11 o-9.006 OCJG-007 (Rev. March 2007) . ~ RESOLUTION NO. 219a - 2007 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM . WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2008 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on May 16,2007, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $140,746.00 with an additional $0.00 cash match requirement (total of $140,746.00); and . , WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONE~ OF ~ ". MONROE COUNTY, FLORIDA, that: 0 ~ :3 .j :::-:- . ::- ~"'"' '" ... ..0 ("") '''- '-- .. r. [:::'~.-:i:: ~ :,'..; 1. The Board of County Commissioners concurs with the Monroe ~?upfY ~ ~:~: Substance Abuse Policy Advisory Board's recommendations; arntt.hat ~>.; 2. The County Administrator is hereby authorizecfto sign and subriijq~ ~ ::::; application packet for the Fiscal Year 2008 grant funds to the F~~id~: ;:::; ~.~~ Department of Law Enforcement Edward Byrne Memorial Justi~ A~ist~ce @; Grant (JAG) Program; and that . ~ N' 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, A.D., 2007. Mayor Di Gennaro Y MONROE COUNTY ATTORNEY es AP OVED A$ T FORM: Mayor Pro Tem Spehar _I~s . "Cl.1(u':,_ ~ . 1 Commissioner McCoy Yes YNTHIA L. ALL Comm~ss~oner Neugent Yes ASSISTANb ~?YN"T_Y~t\TTORNEY Commissioner Murphy Yes Date &. L. t.. {. 1- (Seal) DANNY ~' ClerkMonr~oard ~Commissioners AttesG~./- P.C, By: 0f}~ Crerk of Court Mayor .. .. Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: C!P4j t- J./ . Uh.J~ Typed Name and Title: Date: s- IS-/)7 SubgrantRecipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Monroe County Board of County Commissioners Typed Name and Willi, County Administrator Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing nroe County Board of County Commissioners Signature: Typed Name and J. Willi, County Administrator Date: 1('1- 51v7 Application Ref # 2008-JAGC-633 Section #6 Page 1 of 1 Contract -JAGC-MONR- - - BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18. 2007 Division: Budaet and Finance Bulk Item: Yes rgJ No 0 Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contract with Care Center for Mental Health. provider of Familv Treatment Drua Court proaram funded bv the Edward Bvrne Memorial Justice Assistance Grant Proaram. ITEM BACKGROUND: Federal funds are provided throuah the Florida Department of Law Enforcement. Substance Abuse Policv Advisorv Board (SAPAB) reviews proposals and makes recommendations to BOCC for local fundina of proarams. PREVIOUS RELEVANT BOCC ACTION: Participation in Bvrne Grant Proaram since approximatelv 1990. Approval of Certification of Participation at Mav 2007 meetina. Approval of SAPAB recommendations at June 2007 meetina. Correspondina contract with FDLE is also on todav's aaenda. CONTRACT/AGREEMENT CHANGES: New contract: however. this proaram has been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval. TOTAL COST: 55,746.00 BUDGETED: Yes rgJ No 0 COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes 0 No rgJ AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY 0 OMB/PURCHASING 0 RISK MANAGEMENT 0 DOCUMENTATION: INCLUDED: rgJ NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Care Center for Mental Health Effective Date: 10/01/07 Expiration Date: 9/30/08 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Family Treatment Drug Court Program as part of Monroe County's FY08 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meetinq on 09/19/07 Aqenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: $55,746.00 Current Year Portion: $55,746.00 Budgeted? Yes X No Account Codes: 125-06026-530490-GG0810-XXXXXX Grant: $55,746.00 County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (e.q. Maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD - Risk Management - YesD NoD - O.M.B./Purchasing - YesD NoD - County Attorney - YesD NoD - Comments: - OMB Form Revised 9/11/95 MCP #2 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Care Center for Mental Health whose address is 1205 Fourth Street, Key West, Florida, hereinafter referred to as "PROVIDER." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward Byrne Memorial Justice Assistance Grant Funds to the COUNTY to implement a program that provides Family Treatment Drug Court; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the PROVIDER is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice Assistance Grant Funds to the PROVIDER in accordance with the COUNTY'S application for the Edward Byrne Memorial Justice Assistance Grant Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the PROVIDER agree as follows: 1. TERM - The term of this Agreement is from October 1, 2007, through September 30, 2008, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Edward Byrne Memorial Justice Assistance Grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $55,746.00. The total sum represents federal grant/state sub-grant support in the amount of $55,746.00 and local matching funds in the amount of $0.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Subgrant Award Certificate" and "Application for Funding Assistance" therefor and all laws, rules and regulations relating thereto are incorporated by reference (Attachment C). 5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency under the COUNTY'S Edward Byrne Memorial Justice Assistance Grant Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Edward Byrne Memorial Justice Assistance Grant Program. 6. BILLING AND PAYMENT (a) The PROVIDER shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the PROVIDER. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. In the event there are any unused Edward Byrne Memorial Justice Assistance Grant Funds, the PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: David P. Owens Executive Director Monroe County Grants Administrator Care Center for Mental Health 1100 Simonton Street 1205 Fourth Street Key West, FL 33040 Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the PROVIDER at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an independent contractor. No statement in this agreement shall be construed so as to find the PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the COUNTY. Persons employed by the PROVIDER in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the PROVIDER. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Care Center for Mental Health By: Witness Name/Title: ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this _ day of 2001 by who is personally known to me. Notary Public Notary Stamp SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance NO.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." , , State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2008-JAGC-MONR-2-Q9-017, in the amount of $ 55,746.00, for a project entitled, FAMILY TREATMENT DRUG COURT IV, for the period of 10/01/2007 through 09/30/2008, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 110-9.006 OCJG-012 (Rev. October 2005) . State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: 8- /3. ()7 Grant Period: From: 1 % 1 /2007 TO: 09/30/2008 Project Title: FAMILY TREATMENT DRUG COURT IV Grant Number: 2008-JAGC-MONR-2-Q9-017 Federal Funds: $ 55,746.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 55,746.00 State Purpose Area: 013: Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub-areas specify where services are provided. CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. . SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. ~ 0J~, JJ. 1-W112~ Authorized fficial Clayton H. Wilder Administrator ~-/J - () 7 Date ( ) This award is subject to special conditions (attached). , Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccd is4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # 2008-JAGC-634 Section #1 Page 1 of 2 Contract 2008-JAGC-MONR-2-Q9-017 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) t Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # 2008-JAGC-634 Section #1 Page 2 of 2 Contract 2008-JAGC-MONR-2-Q9-017 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: FAMILY TREATMENT DRUG COURT IV Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification This program addresses the outpatient substance, abuse treatment needs of domestic abuse offenders. Either substance abuse or child abuse/neglect has a devastating effect on families and the combination of the two can be overwhelming. The whole family feels the effects of the offender's substance abuse problem physically, mentally, and economically. Children being removed from their home or living with that possibility is both frightening and threatening to adults and children alike. The demand for outpatient substance abuse treatment in Monroe County far exceeds the county's capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. An estimated 205 children in the state of Florida die each year as a result of child abuse. The intent of the Dependency Law, as outlined in Florida Statute 39.001, is to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development. Although logically, a very important component of a healthy home environment would be non-abusing parents, there has been no program which addresses this important issue and no identified funding sources. Monroe County is, by definition, a small rural county with all the typical problems of small rural counties, including lack of treatment facilities and problems with transportation. It is common for someone to be referred for services to an agency whose nearest facility is fifteen to twenty miles from their home. It is common for many of the families involved to have no or unreliable transportation and there is no intercity mass transit. It is common for those supporting families to work two or three jobs to make ends meet in this, the most expensive county in the state of Florida. Project Summary The Care Center for Mental Health will provide a "Drug Court" model of substance abuse treatment services for identified clients of the Department of Children and Families who are involved both with dependency cases and the drug courts in the Middle and Upper Keys. The Family Treatment Drug Court Program will supply a qualified therapist, headquartered and supervised at the Care Center of the Upper Keys, to provide services from Big Pine Key to Key Largo. What makes this program work, and what makes it unique, is that some of the program components will be provided for the participants at their home or within their Application Ref # 2008-JAGC-634 Section #2 Page 1 of 3 Contract -JAGC-MONR- - - Application for Funding Assistance . Florida Department of Law Enforcement Justice Assistance Grant - County-wide own community. The Family Treatment Drug Court therapist will provide comprehensive intervention and treatment services on-site at the homes involved, at schools, at daycare centers, and in any other necessary location. Services are offered through a variety of educational outpatient treatment modalities. All clients will continue to fulfill the requirements of any Drug Court involved client, i.e. individual counseling, group counseling, regular urine assessments, and Twelve Step meetings but the monitoring and accountability will be with the Family Treatment Drug Court Counselor instead of the regular Drug Court counselor. In addition, such services as comprehensive case management, family counseling, child counseling, and vocational guidance will be offered. The program's goal is to provide services to an ongoing caseload of 20 child abuse offenders who also have a substance abuse problem. It is expected that 12 (60%) of the program participants will complete the prescribed treatment regime of one year's duration. The Family Treatment Drug Court Program supports the risk and protective theory of substance abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and protective factors for substance abuse within the domains of individual, family, peer, school, community and society. Substance abuse and dependency occur through the complex interaction of biological (genetics, changes in brain chemistry), psychological (beliefs, values, cognition), and sociological (drug availability, social and cultural norms) factors. The ultimate goal of services is the prevention, reduction, or elimination of the negative effects of alcohol and other drugs and the amelioration of any associated problems. The Family Treatment Drug Court Program supports a philosophy of research-driven and evidence-based prevention, intervention, and treatment protocols. Prevention services strive to decrease risk and strengthen protective factors. Treatment services focus upon client strengths and the appropriate use of clinical techniques to move clients through the treatment process in a supportive, motivational, and progressive manner towards positive outcomes. Services are organized consistent with a stage-based model of prevention, outreach and referral, clinical evaluation, treatment delivery and transitional care. Clients are treated in the least restrictive environment. Treatment planning is based on the outcome of the evaluation, and builds upon client strengths and addresses engagement, early recovery and continuing care issues. Treatment services utilize evidence-based practices that address substance abuse, mental health, and related issues in an integrated manner. Services are designed to be culturally appropriate. Continuing care integrates relapse prevention, individual counseling as needed, support groups, employment/education guidance, and strengthening of relationships with family and friends. All clinical services are provided with the intent of engaging clients early. Client and counselor attributes, skills, and program characteristics are assessed on an on-going basis. Admission to treatment is based on urinalysis results and a psychosocial assessment, which addresses the drug and alcohol patterns, family, medical, educational, vocational, legal, environmental, and mental status of the client. Information from other sources (i.e., family, other treatment centers, probation officers, etc.), is obtained when Application Ref # 2008-JAGC-634 Section #2 Page 2 of 3 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide appropriate. Clients will be treated in the most appropriate, least restrictive setting. We consider the severity of abuse and dependence, medical needs, prior treatment and outcomes, life skills (education, vocational, etc.) and external support systems. Clients in need of immediate medical treatment for dependence will be referred to an appropriate medical provider. Medical histories will be completed on all clients, and they will be referred for medical follow-up when appropriate. Clients at immediate risk of suicide or homicide or needing psychiatric care will be referred to the area Crisis Stabilization Unit. Clients in need of other services beyond the scope of the program will be referred appropriately. A variety of community resources exists, and referral handbooks are available to our clients. Referrals will be documented in the clinical record and follow-up information obtained. Treatment plans will be individualized and developed with the client. The plan will be updated at least monthly. Intervention strategies will include individual, group, and family therapy in addition to on going urinalysis and monthly Drug Court Status Hearing attendance. The program is designed to last about 12 months. All clinical services are conducted under the supervision of a qualified supervisor. Supervisors will provide consultation, clinical supervision, and review of work performance and record reviews. In addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a credentialed addiction professional. The program conducts quality improvement reviews of care quarterly. Step by step process of the drug court. (1 )-Case identified by Department of Children and Families, referral made for Drug Court assessment by DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified professional (3)-lf client meets treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a recommendation for placement is made and Judge places the client in the program. Clients in the program have been charged with child neglect or other charges in which substance abuse has been identified by DC&F counselors as an issue, as well as possession of controlled substances. Clients appear before the judge monthly, attend group therapy weekly and individual therapy as designated by phase of treatment the client is in. Frequency of family sessions is determined in the case plan. Application Ref # 2008-JAGC-634 Section #2 Page 3 of 3 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: 013 - Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub- areas specify where services are provided. Activity Description Activity: Assessment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Drug Court Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Outpatient Drug Treatment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Application Ref # 2008-JAGC-634 Section #3 Page 1 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Drug Testing Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Referrals Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Alcohol Testing Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Application Ref # 2008-JAGC-634 Section #3 Page 2 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Domestic Violence Training Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Family Therapy Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Substance Abuse Treatment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Application Ref # 2008-JAGC-634 Section #3 Page 3 of 7 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objectives and Measures Objective: 013.01 - Provide treatment services through various treatment modalities to a specified number of individuals. Measure: Part 2 How many clients will be provided INTERVENTION services? Goal: 20 Measure: Part 3 How many clients will be provided OUTPATIENT services? Goal: 20 Objective: 013.02 - Provide an array of treatment services. Measure: Part 1 Will most clients be provided psychosocial assessments? Goal: Yes Measure: Part 3 Will most clients be provided urinalysis? Goal: Yes Measure: Part 4 Will most clients be provided case management services? Goal: Yes Measure: Part 5 Will most clients be provided counseling services? Goal: Yes Objective: 013.03 - Assist a specified number of clients to successfully complete their treatment plan. Measure: Part 2 How many INTERVENTION clients will successfully COMPLETE their treatment? Goal: 8 Measure: Part 3 Application Ref # 2008-JAGC-634 Section #3 Page 4 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide many OUTPATIENT clients will successfully COMPLETE their treatment? Goal: 8 Objective: 013.04 - Establish or support a drug court program. Measure: Part 1 Will there be continued judicial supervision over offenders with substance abuse problems who are not violent offenders? Goal: Yes Measure: Part 2 Will there be mandatory periodic testing of each offender for the use of controlled substances or other addictive substances during any period of supervised release or probation? Goal: Yes Measure: Part 3 Will there be substance abuse treatment for each participant; probation or other supervised release involving the prosecution? Goal: Yes Measure: Part 4 Will there be confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress? Goal: Yes Objective: 013.05 - Serve a specified number of participants in a drug court program. Measure: Part 1 How many participants will there be in a drug court program? Goal: 17 Objective: 013.06 - Determine a specified number of participants wh~ will successfully graduate from participation in a drug court program. Measure: Part 1 How many drug court participants will successfully graduate from the program? Goal: 10 Application Ref # 2008-JAGC-634 Section #3 Page 5 of 7 Contract -JAGC-MONR- - - . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Application Ref # 2008-JAGC-634 Section #3 Page 6 of 7 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # 2008-JAGC-634 Section #3 Page 7 of 7 Contract -JAGC-MONR- -- , Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $55,746.00 $0.00 $55,746.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $55,746.00 $0.00 $55,746.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-JAGC-634 Section #4 Page 1 of 3 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: TOTAL BUDGET (CONTRACTUAL SERVICES): $55,746.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: Substance Abuse Counselor 38,000 FICA 2,907 Health Insurance 2,652 Subtotal Counselor 43,559 Clinical Director (.25) 7,434 FICA 569 Health Insurance 884 Subtotal Clinical Director 8,887 TOTAL SALARIES AND BENEFITS 52,446 EXPENSES: Travel between base in Marathon, office in Tavernier, and main office in Key West paid in accordance with Fla. Statute 112.061 1,500 Operating supplies, such as workbooks and videos 1,300 Office supplies 500 TOTAL EXPENSES 3,300 TOTAL BUDGET $55,746 SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY AND THE CARE CENTER FOR MENTAL HEALTH Application Ref # 2008-JAGC-634 Section #4 Page 2 of 3 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2008-JAGC-634 Section #4 Page 3 of 3 Contract -JAGC-MONR- - - Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies anGl state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-11 0, A-102, A-122, A-13;3, A-87, as, applicable; E.O. 12372, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28 CFR, Part 38. .;;.. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State~ Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2008 Page 1 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly ProJect Expenditure Report to the Department. Monthly ProJect Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period (c) All project expenditures for reimbursement of subgraot recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2008 Page 2 Rule Reference 110-9 006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2008 Page 3 Rule Reference 110-9006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Oepartment shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, US Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agreesto use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact OCJG for award number] awarded by the Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in SFY 2008 Page 4 Rule Reference 110-9 006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement accordance with the federal OM B Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subJect audit The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 1145 and 215.97, Florida Statutes, and Chapters 10550 and 10.600, Rules of the Florida Auditor General. b A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA) The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall ~e provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2008 Page 5 Rule Reference 110-9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the proJect, reason for delay and request a revised project starting date b If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Depariment, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2008 Page 6 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) , Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, ie, increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision b If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons SFY 2008 Page 7 Rule Reference 110-9006 OCJG-005 (rev October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply a All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S, using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo secur(ty background investigations as a condition of employment and continued employment For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law SFY 2008 Page 8 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U ,So Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997 This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700 b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968,42 U,S,C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. C. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial GUide is required from all projects that are involved with confidential funds from either Federal or matching funds The signed certification must be SFY 2008 Page 9 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitted at the time of grant application, 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Oiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 use 3701, et seq, (Reference Section 803 (a) of the Act, 42 U.SC. 3783 (a) and 28 CFR Section 42207 Compliance Information) c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FOLE, for submittal to the US DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the US DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted d In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 us,e Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA") The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2008 Page 10 Rule Reference 110-9 006 OCJG-005 (rev October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2008 Page 11 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act a General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, SFY 2008 Page 12 Rule Reference 110-9006 OCJG-005 (rev. October 2005) . . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under th is award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel'who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2008 Page 13 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) , . Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs Meaningful access may entail providing language assistance services, including oral and written translation when necessary The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements The guidance document can be accessed on the Internet at www.lepgov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken b Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U SC 470), Executive Order 11593, and the SFY 2008 Page 14 Rule Reference 110-9 006 OCJG-005 (rev. October 2005) ~ Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subJect to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (pub L. NO.1 07 -77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 ofTille I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must befeturned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent 52. National Information Exchange Model specifications -To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines For more information on compliance with this condition, visit http://lNWWniemqov/implementationquidephp. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Certification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2008 Page 15 Rule Reference 110-9.006 OCJG-005 (rev_ October 2005) f Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data 4. A description of the project containing assurance by the applicant that: . (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. 55. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http//wwwojpusdoioov/ec/stateshtm. 56. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by SJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 57. Supplanting The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds SFY 2008 Page 16 Rule Reference 110-9,006 OCJG-005 (rev, October 2005) CI . CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for feder I assistance is approved or face loss of federal funds. Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: t! !-5/ tJ( FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 110-9.006 OCJG-006 (Rev. March 2007) ., . CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Prooram IMPLEMENTING AGENCY CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): XX Does meet Act Criteria and does have a current EEO Plan. - - Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. _Is Included in the EEO Plan of the Subgrant Recipient. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for federal ssistC!nce is approved or face loss of federal funds. Type Name: Thomas J. Willi Title: County Administrator Implementing Agency: Monroe C.ounty Board of County Commissioners Date: t(-Zfo'? FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 11 0-9.006 OCJG-007 (Rev. March 2007) . ,. RESOLUTION NO. 219a - 2007 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM , WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2008 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on May 16,2007, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $140,746.00 with an additional $0.00 cash match requirement (total of $140,746.00); and . , WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONEij,S OF ,...."., -., <:::) "-:'j MONROE COUNTY, FLORIDA, that: 0 ~ =3 - .- '- ~g ~ ~'.: pOl c:: <,,:'; 1. The Board of County Commissioners concurs with the Monroe ~puOiY ~ ..-~..... " Substance Abuse Policy Advisory Board's reco!l1mendations; a~:if:y~.t en ':~; ;.~} 2. The County Administrator is hereby authorized to sign and subrnWt1;l:e =2 ;:~{ application packet for the Fiscal Year 2008 grant funds to the F~6r:~~: ;:::; '~) Department of Law Enforcement Edward Byrne Memorial Justi~ A~ist~ce i~~ Grant (JAG) Program; and that ;- N.:=1 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, A.D., 2007. Mayor Di Gennaro Yes MONROE COUNTY ATTORNEY Mayor Pro Tem Spehar _X~s AP . .~~~~Al.T FOfM: Commissioner McCoy Yes YNTHIA L. ALL Commissioner Neugent Yes ;a~~ I ST ANb~? ~ ~,~Y(:A JTO R NEY Commissioner Murphy Yes (Seal) . DANNY ~' ClerkMonr~oar~Sioners AttesG~/- ;D.C, By: ,;(k, Crerk of Court Mayor d ., Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: C!P1lJ!.-- 1-1. tLt,}/kJ Typed Name and Title: Date: ii- /J-t;7 Subgrant. Recipient Authorizing Official of Governmental Unit (Commission Chairman,. Mayor, or Designated Representative) Monroe County Board of County Commissioners Typed Name and Willi, County Administrator Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing nroe County Board of County Commissioners Signature: Typed Name and J. Willi, County Administrator Date: 'I't 51 C? 7 Application Ref # 2008-JAGC-633 Section #6 Page 1 of 1 Contract -JAGC-MONR- - - . , I BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 2007 Division: Budaet and Finance Bulk Item: Yes [g] No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contract with Florida Dept. of State. Division of Historical Resources to fund a detailed survey of historic buildinas in the Tavernier Historic District. to be published and made available to the public. ITEM BACKGROUND: The match reauirement is fifty percent (50%). The Tavernier Historic District was desianated in 2005. but there is little information on individual structures in that district. This proiect will consist of extensive historical research on each historic buildina in the Tavernier Historic District. and will be performed by a consultant. under supervision of the Historic Florida Keys Foundation (HFKF). HFKF and the County have a contract and a memorandum of aareement settina forth the County's and HFKF'S responsibilities with reaard to historic preservation. The fundina period will be July 1. 2007 throuah June 30. 2008: most or all fiscal impact will be FY 2008. PREVIOUS RELEVANT BOCC ACTION: Approval of similar application and contracts in 2003 for a more aeneral survey to identify historic structures in Monroe County. Approval to apply for this arant at the November 2006 meetina. CONTRACDAGREEMENTCHANGES:nm STAFF RECOMMENDATION: approval TOTAL COST: $50.000.00 (bids will be BUDGETED: Yes [g] No D reauested) COST TO COUNTY: $25.000.00 SOURCE OF FUNDS: ad valorem taxes REVENUE PRODUCING: Yes D No [g] AMOUNT PER MONTH t ~ YEAR APPROVED BY: COUNTY ATTY OMB/PU CHASING D RISK MANAGEMENT D DOCUMENTATION: INCLUDED: [g] NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida, Dept. of Effective Date: July 1,2007 State, Div. of Historical Resources Expiration Date: June 30, 2008 Contract Purpose/Description: Agreement to fund a detailed survey of historic buildings in the Tavernier Historic District, to be published and made available to the public. Contract Manager: David P. Owens 4482 Budget and Finance/Grants Admin (Name) (Ext.) (Department) for BOCC meetino on 09/19/07 Aoenda Deadline: 09/04/07 CONTRACT COSTS Total Dollar Value of Contract: to be determined Current Year Portion: to be determined Budgeted? Yes No XX Account Codes: 125- - - Grant: $25,000.00 County Match: 25,000.00 (50%) ADDITIONAL COSTS Estimated Ongoing Costs: $0.00 For: (Not included in dollar value above) (ea. Maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out #n Neede~ ~ 7ld~ 1 Division Director . ~1 YesD No' ~.. Risk Mana~ement q. q.tf). YesD NaG' &~Jl1) q.Lf-O'1. f.)k- ~ ~\\1 ::& ~ ~/l)=; O.M.B./P rc sing ~ "'bJ YesD NoG( ~ ~ County Attorney t/3S";0' YesD NolE ~ -t . U-..>> D f ('2-1/0 :r Comments: - OMB Form Revised 9/11/95 MCP #2 Historic Preservation Grant Award Agreement Certified Local Government Grants (Matching) Grant No. F0703 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Monroe County, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Tavernier Intensive Level Survey and Publication Project, hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter IA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item Number 3182, contained in the 2007 - 2008 General Appropriations Act, Ch. 2007-25, Laws of Florida, the Department enters into this Agreement with the Grantee under grant number F0703, for the purposes as described in Section I. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount oftwenty-five thousand dollars ($25,000) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following Approved Scope of Work: A. Conduct a Historic Properties Survey of the Tavernier Historic District which would update a 2003 survey as well as research and document the historic buildings of the district for local and website publication. Florida Master Site File Forms will be completed on all newly surveyed historic structures. A Survey Log Sheet and Final Survey Report, meeting the requirements of Chapter lA-46.001 FAC, will be produced. Funds will be used to hire a professional consultant to conduct the survey. B. Progress and Expenditure Reports will be submitted to the Department on a quarterly basis and all proposals and contracts for consultant services shall be submitted by the Grantee to the Department for review and approval, prior to the execution of the contract, as specified in Attachment A of the Grant Award Agreement. C. A draft of the Survey Report, draft of the website PDF publication and five sample Florida Master Site File Forms, including photos and maps, per Attachment D of the Grant Award Agreement, will be submitted to the Department no later than April 30, 2008 for review and approval. D. Two copies of the Final Survey Report, one disc copy and one hard copy of the PDF publication, the Survey Log Sheet and one copy of each Florida Master Site File Form, with accompanying photos and maps, will be submitted to the Department at the end of the grant period, no later than June 30, 2008, as final products. Any grant product deadlines indicated in this section (excluding quarterly Project Progress & Expenditure report deadlines) must be incorporated into the applicable contract for goods and services. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNT ABILITY attached as Attachment A hereto; Chapter 1 A-35, Florida Administrative Code; and the following specific conditions: I A. This grant becomes effective on July 1,2007 and ends on June 30, 2008. This agreement must be signed by the grantee and received in Department offices by October 1, 2007 to avoid forfeiture of award. Project initiation as evidenced by grantee execution of a binding contract for all or part of the Approved Scope of Work in Section I. above, shall occur by November 1,2007. All grant funds and match shall be expended and all project work shall be completed by June 30, 2008. B. The Grantee agrees to submit the Final Products and the "Final Project Progress & Expenditure Report" incorporated herein by reference and available online at http://www.flheritage.com/grants/info/reports/, as specified in Attachment A, Part II, subparagraph 8.2., by July 31, 2008. No costs incurred prior to July 1,2007 are eligible for payment from grant funds. No costs incurred after June 30, 2008 are eligible for payment. No extension of the grant period will be allowed. C. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. D. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities perfonned under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. E. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requirements set forth in this Agreement. The designated Project Manager for the Project is: Name: David! OW~S Title: ~-ts /fdm/l1: .s~ Mailing Address: 1100 5 ; M 6VI flY\. sf-. City: Kry {)Jest, FL Zip Code: 3 3 () '/0 , Daytime Telephone: 30 s-: 282-- <.I t.f g L FAX: 3os- z Cj 2 - VS/~ e-mail: Ol,Jetl5-- dav:d Q f11(f}1aeC-OVr1fy- f-i'50 V F. The Grantee shall submit a Project Schedule to the Department by November 1,2007. The Project Schedule shall include at a minimum (as applicable) the following estimated milestone dates for the project: date of architect selection, date of execution for architectural and engineering services agreement, date of completion of construction documents, bid date, contractor selection date, date of notice to proceed for construction, and date of substantial completion. It shall be the responsibility of the Grantee to provide Department grants staff with timely update of the Project Schedule if adjustment becomes necessary. G. The Grantee shall be solely responsible for all work perfonned and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perfonn the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, as specified in Attachment A, Part II, subparagraph A.2.i(3); and provided that it 2 is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. H. For Acquisition and Development projects, the Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. I. For Survey and Planning and Community Education projects, the Grantee shall submit complete bid documents, including specifications, to the Department for review and approval prior to the execution of any contracts. J. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. K. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. L. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter //9, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. M. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section //2.06/, Florida Statutes. N. The Grantee recognizes that the State of Florida, pursuant to Section 2/2.08(6), Florida Statutes, is not required to pay taxes on any goods or services that may be provided to it pursuant to this Agreement. o. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. P. All project work must be in compliance with the Secretary of the Interior's Standards for ARCHEOLOGY and HISTORIC PRESERVATION: Identification, Evaluation, Historical Documentation, and Preservation Planning, available online at http://www.nps.gov/history/standards.htm. Q. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, disability, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. R. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. 3 S. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. T. The products of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of twenty-five thousand dollars ($25,000) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for ] 00% of actual cash expenditures up to a maximum payment of twenty-five thousand dollars ($25,000). A. Grantees may elect for disbursement of grant funds on one of two schedules as described in ]. and 2. below. This election must be made upon execution of this agreement and, once made, may not be changed during the course of the Project. Requests for payment must be made in writing by the Grantee consistent with the performance measures indicated below and must specify the amount of funding being requested. The Grantee must check the box below to indicate the disbursement schedule elected for the Project: D Advance Disbursement l8[ Reimbursement 1. Advance Disbursement - Grant funds are paid in four installments of 30%, 30%, 30% and 10%, respectively. The Grantee shall invest any advanced grant funds in an interest bearing checking account, and interest earned on such investments shall be returned to the Department in a single payment to be included with the Final Project Progress and Expenditure Report. (a) Installment I (30% of grant award amount) may be requested by the Grantee upon receipt by the Department of the following performance measures: (a) two original signed copies of this Agreement and signed Attachment A, (b) one original signed copy of the Preservation Agreement incorporated herein by reference and available online at http://www.flheritage.comlgrants/info/reports/ (if applicable), (c) a copy of the required Project Schedule, and (d) a copy of the Request for Qualifications (RFQ) or Request for Proposals (RFP) required for project initiation, as applicable. No grant funding will be released prior to Department receipt of these performance measures. (b) Installment 2 (30% of the grant award amount) may be requested by the Grantee upon Division approval and Grantee execution of a binding contract for all or part of the Approved Scope of Work described in Section] above. Installment 2 grant funding will not be released prior to Department receipt of a copy of the executed binding contract for all or part of the Approved Scope of Work. (c) Installment 3 (30% of the grant award amount) may be requested by the Grantee upon Division receipt of documentation confirming encumbrance by binding contract(s) of or expenditure of 50% of the grant funding. Installment 3 grant funding will not be released prior to Department receipt of the specified expenditure documentation, which must conform to the requirements ofthe quarterly Project Progress and Expenditure Report form. 4 (d) The Final Installment (10% of the grant award amount) is a retainage amount, which may be requested by the Grantee upon completion of the Project and will be released by the Department only after receipt and approval of (a) any fmal Project products required in the Approved Scope of Work and (b) the Final Project Progress and Expenditure Report. The Final Project Progress and Expenditure Report must clearly document Grantee expenditure of the full amount of the grant award and the full match amount. 2. Reimbursement - The Grantee may request reimbursement of expenditures as documented in each required quarterly Project Progress and Expenditure Report. All such requests must document expenditure of match resources in substantially equal portion to grant funds expended for the reporting period. More frequent Project Progress and Expenditure Reports may be submitted if a shorter reimbursement schedule is necessitated by rapid Project progress and/or a higher rate of expenditure. 3. The disbursement schedules in both I. and 2. above shall be subject to any special conditions required by the Office of the Chief Financial Officer of the State of Florida. The Department reserves the right to withhold payment if the Grantee fails to provide semi-annual Project Progress and Expenditure Reports or is otherwise found to be in violation of any term(s) of this Agreement or other Agreements with the Department. 4. The Department shall evaluate all payment requests based on the status of project work and compliance with the reporting and procurement requirements of this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and approval of the grant assisted work by the Department. The total of grant funds transferred to the grantee following final Project completion, including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. IV. Each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. A. All audits as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. B. Grantees shall sign and return to the Department one original copy of Attachment B to this Agreement, which refers to the responsibility of the Grantee under the Florida Single Audit Act. C. The Grantee shall complete a Florida Single Audit Act Certification which shall be provided by the Department before January 31 of each calendar year. This form shall be returned by February 28 of the same year. The Grantee shall complete this form for each Grantee fiscal year in which grant funds were expended. V. The Grantee shall submit all contracts for professional services (architecture, engineering or consultant services) to the Department for review and approval prior to final execution by the Grantee. In addition to the review submissions indicated in III.A. above, the Grantee shall also submit (a) complete architectural documents (plans and specifications), as may be applicable, (b) copies of all contracts for the procurement of goods and services relating to the project work, and (c) copies of all proposed change orders or amendments to said contracts to the Department for review and approval prior to final execution. S Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. A. The Special Conditions of Contract included in Attachment C hereto shall be included in all contracts for goods and services associated with this Project. These provisions require that consultants, design professionals and contractors comply with federal Equal Employment Opportunity legislation, and that all contracts for goods and services include provisions for retention and Department access to Project-related records, specification of Project duration, and contract termination in accordance with this Agreement. These Special Conditions of Contract may be attached and made part of each agreement for architectural, engineering, consultant or construction services. Alternatively, the provisions in Attachment C may be incorporated into the body of each such agreement. B. Pursuant to Section 267. 031 (5)(i), Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the Project at the following points in their development: I. Upon completion of schematic design; 2. Upon completion of design development and outline specifications; and 3. Upon completion of working drawings and specifications, prior to execution of the construction contract. VI. For all grant-assisted projects, except as exempted below, execution of the Preservation Agreement referenced in III.1.(a) above is required. By executing the Preservation Agreement, the Grantee agrees to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period of five years from the date of execution. No grant funds will be released prior to Department receipt of one original signed and notarized copy of the completed Preservation Agreement. Exceptions to this requirement are properties owned by the State of Florida or the Federal Government, museum exhibits and archaeological sites. VII. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules ofthe State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. VIII. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. IX. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. X. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. 6 XI. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter JA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work perfonned and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. XII. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XIII. The following provisions shall apply for the voluntary and involuntary suspension or tennination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to tenninate the grant. \. Notification. When the Grantee has materially failed to comply with the tenns and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or tennination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department tenninates the grant. The grant shall be tenninated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. B. Tennination. Tennination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 7 l. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is ofa nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. XIV. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to Monroe County, 510 Greene Street, Key West, 33040, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XV. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XVI. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: 8 DEPARTMENT OF STATE FREDERICK P. GASKE Director, Division of Historical Resources Date MONROE COUNTY Signature of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date 9 Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Matching Grants and Administrative Instructions for Historic Preservation Project Accountability Grant No. F0703 Tavernier Intensive Level Survey and Publication Project I have read, understand, and recognize that Attachment A is a legally binding part of my Grant Award Agreement and that its provisions shall be enforced. Signature of Authorized Official Signature of Project Manager Typed or Printed Name of Authorized Official Typed or Printed Name of Project Manager Typed or Printed Title of Authorized Official Typed or Printed Title of Project Manager Date Date Please sian and return this paae with your sianed Grant Award Aareement. State of Florida Department of State Division of Historical Resources July 2007 Historic Preservation Grant Award Agreement Attachment A Grant No. F0703 Tavernier Intensive Level Survey and Publication Project General and Special Conditions Governing Small Matching Grants and Administrative Instructions for Historic Preservation Project Accountability State of Florida Department of State Division of Historical Resources July 2007 Introduction and Definitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department of State is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park Service, United States Department of the Interior as authorized by the National Historic Preservation Act of 1966, as amended. Major funding for the overall program is derived from State funds authorized by the Florida Legislature and from the annual apportionment of Federal funds to Florida through the Federal historic preservation program. The award and administration of grant-in-aid assistance for historic preservation projects to be carried out by public agencies or preservation organizations at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources. The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annual apportionment of Federal funds. Continued eligibility for Federal funding assistance requires that the State's comprehensive historic preservation program be administered in accordance with Federal laws, regulations, and conditions, as well as those of the State of Florida. The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. Definitions "Allowable project costs" are the direct costs in cash expenditures and value of in-kind donations that are necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accountability. "Approved Scope of Work" means those activities described in Section I of the Grant Award Agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" means the agency, organization, or individual named in the Grant Award Agreement. "Grant period" means the period of time beginning on the effective date of the Grant Award Agreement and ending on the date specified in the Grant Award Agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share or local matching share sources, public or private, and whether provided in cash or in-kind. 2 PART I General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions listed below; and special conditions affixed to project grant awards. Applicability These conditions are applicable to the Grantee and to any consultants, contractors, or employees to which grant-in-aid funds are paid (including but not limited to architects, engineers, archaeologists, historians, contractors, construction managers, suppliers, vendors, etc.). Failure by the Grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1. Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general, the Grantee shall meet the following requirements regarding publicity of his/her project: a. At the outset of the project, a news release shall be sent by the Grantee to local print and electronic media identifying the project's specifics including the source(s) of grant funds, name of the project, nature of the project, and its benefits to the community. A copy of the news release(s) shall be submitted to the Department. b. Upon completion of the project, the Grantee shall issue another news release to local print and electronic media. c. There shall be an effort on the part of the Grantee to encourage publication of one or more feature stories on the Grantee's project by a newspaper, magazine or television program of at least local circulation. The Grantee shall provide the Department with a copy of any ensuing articles or a written statement identifying the date and network of any television broadcast(s). In the event that such efforts are unsuccessful, the Grantee shall provide the Department with copies of correspondence with newspapers, magazines or television stations indicating the Grantee has requested such a feature story, or written certification from the Grantee to the Department that such an effort was made. d. During the course of the project, the grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by letter of the nature and benefits of the project. e. In the case of rehabilitation or restoration projects, the Grantee should also make an effort, where appropriate in the judgment of the Grantee, to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature. f. Federally Funded Projects: All news releases and promotional materials relating to Federally funded projects shall contain acknowledgment of grant assistance, substantially as follows: This project [publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, administered through the Bureau of 3 Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. g. State Funded Projects: All news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance, substantially as follows: This project [publication] has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. 2. Amendments to the Grant Award Agreement. All amendments to the Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the Grantee. 3. Changes in Approved Scope of Work. The Grantee may not, without formal amendment of the grant award agreement, make changes in the scope of the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I. of the Grant Award Agreement or make any changes that might result in a deviation from the intent of the legislation that authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination. 4. Extension of Grant Period. No extension of the arant period will be allowed. 5. Timeliness of Work. All project work shall be completed and all grant and matching funds shall be expended by the grant end date. The "Final Project Progress & Expenditure Report" shall be submitted within thirty (30) days following the grant end date. 6. Project Supervision. The Grantee will assure that competent and adequate professional supervision and inspection are provided and ensure that the completed work conforms to the approved standards and specifications. 7. Conflict of Interest. The Grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds unless specifically authorized in writing by the Department prior to expenditure of said grant funds. 8. Dual Compensation. If a Grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 9. Contingent Fees. No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee. For breach or violation of this prohibition, the 4 Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage brokerage or contingent fee, or to seek such other remedies as may be legally available. 10. Use of Individual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability contained in Part II herein. In no case will consultant fees over and above regular salary be paid to employees of the Grantee organization or of professional firms or organizations whose services have been properly procured by the Grantee for the project. The Grantee will not use any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures, attending program functions, or any other activities in connection with the project. 11. Civil Rights Compliance. The Grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended. Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled individual is solely, by reason of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance. Every grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance of Compliance Form on file. 12. Discrimination in Employment Prohibited. In all hiring or employment in connection with the project, each employer (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. In addition, no qualified person shall, on the basis of disability, be subject to discrimination in employment in the grant assisted project. These requirements apply to, but are not limited to, the following: employment, promotion, demotion or transfer; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on equal employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive Orders, including enforcement provisions. 13. Religious Institutions. If the project involves a place of worship or faith-based organization or property, the Grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 14. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conduction of candidate's meeting(s), engaging in voter registration or voter transportation activity, or other partisan political activities. 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 USC 1501 et. seq., as amended, with its stated exceptions. 5 16. Lobbying Activity. No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 1913. 17. Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910). 18. Reports, Records, and Inspections. The Grantee will submit financial, project progress, evaluation, and other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds. The Grantee, its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectiveness, legality, and achievements of the program. 19. Examination of Records. The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the Grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project, or until all claims or audit findings have been resolved. 20. Disclosure of Information. The Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to all documents, papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Information Act, 5 USC 552 as amended by Public Law No. 104-231, 110 Stat. 3048. 21. Rights to Data and Copyrights. When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the Grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 22. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the National Environmental Policy Act of 6 1969, as amended, 42 USC 4321 et. seq., establishing national policy goals and objectives for protecting and enhancing the environment. 23. Energy Conservation. The Grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 24. Convict Labor. The Grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, as amended no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. Convict labor shall be recorded in the Project Progress & Expenditure Report and shall be supported by a signed statement from the supervising individual, attesting to the number of laborers and the number of donated hours. 25. Minority Businesses. The Grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Section 288.703, Florida Statutes, in accomplishment of project work. To the maximum extent possible, the Grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps shall include but not necessarily be limited to the following: a. Inclusion of qualified minority businesses on solicitation lists; b. The assurance minority businesses are solicited whenever they are identified as potential sources; c. The division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; d. The establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and e. Utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. 26. Requirements for Survey Reports, Publications and Media Project Products. All projects resulting in a written or published report or other publication, and for projects that result in production of a video, DVD or other non-print media product shall contain the following acknowledgement of funding assistance and content disclaimer: a. For Federally Funded Projects: This project [publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U. S. Department of the Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of the Interior or the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the Florida Department of State. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U. S. Department of the Interior prohibits discrimination on the basis of race, color, age, national origin, religion, sex, disability, or sexual orientation in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you 7 desire furiher information, please write to: Office of Equal Opporiunity, U. S. Depariment of Interior, National Park Service, 1849 C Street, NW, Washington, DC 20240. b. State Funded Projects: This project [publication] has been financed in pari with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Depariment of State, assisted by the Florida Historical Commission. However, the contents and opinions do not necessarily reflect the views and opinions of the Florida Depariment of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Depariment of State. B. Special Provisions Applicable to Acquisition & Development Projects. The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 1. Accessibility for the Disabled. The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-336; Section 25.21, Florida Statutes; and Pari II, Chapter 553, Florida Statutes regarding accessibility for the disabled. Specifications for project work must conform to the Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped published by the American National Standards Institute and the Secretary of the Interior's Standards for Rehabilitation. 2. Project Identification Sign. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in process. The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet), be constructed of plywood or other durable material, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign shall contain the following acknowledgment of grant assistance: This project has been financed in pari with Historic Preservation Grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Depariment of State, assisted by the Florida Historical Commission. The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. A photograph of the project identification sign at the project site shall be submitted to the Department. S PART II Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative and Reporting Requirements Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of five (5) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the five year period are finally resolved. All Grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Act, 5 USC 552 as amended by Public Law 104- 231, 110 Stat. 3048. A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: 1. Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable, are paid for using grant assistance provided by the Department, and cash value or in-kind contributions to the required local match share. Department grant assistance is authorized for payment of 50% of allowable project costs, within the dollar limits of the grant, as specified in the Grant Award Agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds. 2. Local Matching Share. Local matching share may be provided in the form of cash expenditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project work. Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds derived from the Federal Historic Preservation Fund apportionment to the State of Florida. (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). a. Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. b. Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. c. Donated materials shall be valued at the donor's cost or the fair market value at the time of donation, whichever is less. . 9 3. Required Procurement Procedures for Obtaining Goods and Services. Be sure that your organization provides maximum free competition when procuring goods and services related to your grant-assisted project. Every effort must be made to use small business firms, minority owned firms, women's business enterprises, and labor surplus areas. a. Instructions for Procurement of Goods and Services for Smaller Projects (Including Professional Services and Construction) for Individual Purchases or Contract Amounts not Exceeding $15,000.00. For individual purchases or contract amounts not exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) Small Purchase Procedures I (Purchases or Contract Amounts Up to $2,500). Procurement of goods and services where individual purchases or contracts do not exceed $2,500 may be conducted at the Grantee's discretion. (2) Small Purchase Procedures II (Purchases or Contract Amounts Between $2,500 and $15,000). Goods and services costing between $2,500 and $15,000 may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that you: (a) Solicit written or verbal quotes or proposals from two (2) or more competitors; (b) Develop and implement a process for evaluating proposals and document application of that process for selection {Le., for construction work, your selection may be based on the lowest responsible proposal amount, while for professional services, selection should be based on task-specific criteria and committee review and ranking of proposals. (b) Are provided with an adequate description of the goods and services proposed; and (c) Secure written approval from the Department prior to acceptance of proposal or execution of contract. b. Instructions for Procurement of Professional Services (Including Architectural, Engineering and other Consultant Services) for Contracts Exceeding $15,000). For individual contract amounts exceeding $15,000, the Grantee must use the applicable procurement method described below: (1 ) Competitive Selection ($15,000 . $25,000). Professional services greater than $15,000 but less than $25,000 must be procured in the following manner: (a) Solicit written quotes or qualifications submissions from two (2) or more competitors; (i) Identify all significant evaluation factors and their relative importance in the request for qualifications. (ii) Indicate in solicitation that public funds are involved. (iii) Develop and distribute detailed project specifications with the solicitation. (b) Establish a review committee to evaluate and rank qualification submissions; 10 (c) Select the most qualified competitor based on the established evaluation criteria (Option: Conduct an initial ranking to "short list" competitors and interview the top three for final ranking); (d) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract. (2) Competitive Negotiation ($25,000 and up). Professional services in excess of $25,000 must be procured in the following manner: (a) Advertise with a Request for Qualifications (RFQ) to secure qualification submittals for professional services from two or more competitors; (i) Publicized the request through notices in local newspapers of general circulation or trade journals, in addition to individual solicitations. (ii) Identify all significant evaluation factors and their relative importance in the request for qualifications. (iii) Indicate in RFQ that public funds are involved. (b) Establish a review committee to evaluate and rank qualification proposals; (c) Conduct an initial ranking based on the established evaluation criteria to "Short list" competitors and interview the top three for final ranking; (d) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract. Exception: Departments or agencies of the state and units of county, municipal or other local government must always procure professional architectural, engineering, landscape architectural, or land survey and mapping services in accordance with the provisions of the Consultants Competitive Negotiations Act", Section 287.055, Florida Statutes. c. Instructions for Procurement Using Competitive Sealed Bids (Procurement of Goods and Services Exceeding $15,000). Except as noted in 3a. and 3b. above, contracts for procurement of goods and services (exclusive of professional services) shall be undertaken on the basis of sealed bids solicited through formal advertisement in a newspaper of local or area circulation including: (1 ) Notice of the time and place of public bid opening; (2) Instructions on how to obtain detailed bid documents or procurement specifications; and (3) A statement that public funds are involved. 11 d. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: (1 ) Resumes of academic training and employment in the applicable field; (2) Evidence of possession of required licenses or business permits; and (3) Evidence of any previous experience in projects of a similar nature, especially projects requiring compliance with the standards cited in Section II. Paragraph M. of the Grant Award Agreement. e. Contract Provisions. In addition to provisions defining a sound and complete procurement contract, the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project (also refer to Section V. Paragraph A. of the Grant Award Agreement): (1 ) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the Grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity. (4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the Grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. (5) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in Part I, Paragraph 21 of Section A on page 5 of this document. f. Contract Pricing (1 ) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed-fee or cost reimbursable basis. (2) Procurement by the competitive sealed bid method shall be priced on a firm- fixed-fee basis. 12 (3) Contracts for goods and services based on cost-plus-percentage-of-cost or percentage-of-construction-cost contracts are not allowable for grant-assisted work. g. Procurement Documentation to be Submitted to the Department. The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution of any contract for project work: (1 ) Copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications, if required - to be submitted upon distribution or publication; (2) A summary of proposals or bids received and the basis for professional, consultant or contractor selection - to be submitted upon completion of the selection process; and (3) A copy of the contract - to be submitted for review and approval by the Department prior to execution. A copy of the executed contract is to be submitted to the Department following approval and execution. B. Project Progress and Expenditure Reports. The Grantee shall submit a Project Progress & Expenditure Report (incorporated herein by reference and available online at httD://www.f1heritaqe.com/qrants/) to the Department at the end of each quarter within the grant period except for the final quarter in which the Grantee shall instead submit a Final Project Progress and Expenditure Report. Project Progress and Expenditure Reports must be submitted quarterly for the duration of the project, regardless of the type of project (Acquisition and Development, Survey and Planning or Community Education) or whether funds have been expended. 1. Determination of Allowable Project Costs. The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the provisions of the Historic Preservation Grant Award Agreement. The Department will review each Project Progress and Expenditure Report, and make its determination of the eligible expenditures on the basis of the following criteria: a. Allowable Project Costs. Allowable project costs shall include: (1 ) Costs incurred by contract for procurement of goods and services consistent with the Approved Scope of Work in Section I of the Grant Award Agreement; (2) Costs incurred by properly documented small purchase procedures; (3) Costs incurred by the Grantee for the following items applied directly to elements of the Approved Scope of Work in Section I. of the Grant Award Agreement: (a) Accounting: the cost of establishing and maintaining interest-bearing financial accounts directly relating to the Project; (b) Auditing: audit costs only as required by the Florida Single Audit Act (see Section IV. of the Grant Award Agreement and Attachment B hereto). (c) Communications: specific charges for telephone, telegraph, or other communications services; (d) Employee salaries and benefits (only if included in the original grant application for the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); 13 (e) Materials and supplies; (f) Procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; (g) Reproduction: the cost of limited reproduction of reports, forms, and project documents; and (h) Travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the State (allowable only if costs of travel and related expenses have been approved by the Department in writing before they are incurred). (4) The properly documented value of donated services and materials (see Paragraph 3.(c) below). (5) The properly documented value of volunteer services directly relating to the accomplishment of the Project (volunteer work must be for one or more items included in the Approved Scope of Work - see Paragraph 3.(c) below). b. Non-allowable Project Costs. Costs not allowable as grant-assisted work or match contribution shall include: (1) Project costs incurred outside the project period; (2) Costs of goods and services not procured in accordance with required procurement procedures; (3) Costs or value of donations not properly documented as described below; (4) Costs incurred by the Grantee other than those specified in the Approved Scope of Work in Section I. of the Grant Award Agreement, or not directly related to the project; (5) Costs incurred by the Grantee for paving, parking, sidewalks, site lighting, site utilities, landscaping and other site development unless specifically indicated in the Approved Scope of Work; and (6) Indirect costs incurred for common or joint activities of the Grantee. 2. Documentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report must include documentation of payment for each cash expenditure claimed during the reporting period. a. Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these reports, which contain the following information: (1 ) Check number; or if a cash payment, a copy of the paid receipt must be submitted; (2) Check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; (3) The name of the payee or vendor for each expenditure paid by cash or check; (4) The expenditure amount; 14 (5) The Approved Scope of Work category to which the goods or services contribute (see Section I. of the Grant Award Agreement); and (6) The purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable. b. The Grantee shall provide the following documentation of payment of expenditures listed in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report. (1 ) Copies of contractors' invoices itemizing the materials delivered, services rendered, work items completed, and the following forms of proof of payment by the Grantee: (a) Copies of signed and dated receipts from the contractors/suppliers showing the date payments were received and the amounts received; and (b) Copies of the front and back of the canceled checks. (2) For authorized employee salaries (see (1 )(c) iii. above), the following expenditure documentation is required: (a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and (b) Copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 3. Documentation of Donated Materials and Services. The value of donated materials and volunteer services is not eligible for reimbursement by grant funds, but is allowable in determining the Grantee's matching share. a. Documentation of donated materials and services shall include: (1) Identification of each individual donating services or materials; (2) Description of the work accomplished or type and amount of material donated; (2) The number of hours worked by each volunteer during the reporting period; (4) Basis for hourly value of work for each volunteer: (a) State of Florida Minimum Wage at the time of donation for state-funded grant projects; or (b) Federal Minimum Wage at the time of donation for federally-funded grant projects; or (c) If the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. (d) If the hourly rate listed is above the applicable Minimum Wage (State of Federal), attach a signed statement from the individual listing his/her qualifications to justify the higher donated value rate. 15 (e) The total value of the volunteer's services for the reporting period (for donated materials, the donor must document their fair market value in a written signed statement, which is also signed by the designated Project Manager). 4. Additional Documentation to be Included in Project Progress and Expenditure Reports. IN addition to the documentation indicated in 8.2. and B.3. above, each quarterly Project Progress and Expenditure Report shall include: a. A brief description of work accomplished in the previous three months; b. A description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; c. Copies of required documents (contracts, press releases, etc.) as applicable; and d. For construction projects, photographic documentation of construction work in-progress or completed work shall be included. 5. Final Project Progress and Expenditure Report. To be submitted within 30 days following completion of all projects In addition to the documentation indicated in B.2., B.3. and B.4. above, this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A description and explanation of any significant differences between the planned project budget and the actual project costs; c. Final products as specified in the Approved Scope of Work (Section 1 of the Grant Award Agreement; d. Photographic documentation of completed construction work; and e. Required audit documents. C. Reports Required for Survey Projects. In addition to the Project Progress & Expenditure Reports described in Section B. above, the following reports and forms are required for historic and archaeological survey projects: 1. Draft Survey Report. The Grantee shall submit a Draft Survey Report to the Department's Grants Section no later than sixty (60) days prior to the end of the grant period. a. The Grants Section shall review all Draft Survey Reports for compliance with the Archaeological and Historical Report Standards and Guidelines, Chapter 1A-46, Florida Administrative Code, and transmit the results of the review to the Grantee. b. The Draft Survey Report is to be organized by and shall include all applicable items on the 1A-46 checklist (see a. above). A signed and checked copy of the checklist must accompany the Draft Survey Report. The checklist will form the basis for Department review of the draft. c. The Draft Survey Report submission must include five "sample" Florida Master Site File forms, each accompanied by a street map, a USGS map and printout of a digital photograph. 16 d. During the 60 days following submission of the Draft Survey Report, submission of additional drafts or revisions may be required to secure Department approval for submission of the Final Survey Report, which will be due no later than 30 days following the end of the grant period. e. Clearance for submission of the Final Survey Report will be granted no later than the ending date of the grant period. 2. Final Survey Report. The Grantee shall submit a Final Survey Report to the Department's Grants Section no later than thirty (30) days following the end of the grant period. After review for completeness and sufficiency, the Grants Section shall forward the Final Survey Report to the Florida Master Site File. a. Survey Log Sheet. The Grantee shall obtain the most recent version of the Survey Log Sheet by contacting the Florida Master Site File, to be completed and submitted to the Department's Grants Section with the Final Survey Report. b. Florida Master Site File forms. If standing structures are recorded, a Historical Structure Form must be completed for each structure. If archeological sites are recorded, an Archaeological Site Form must be completed for each site. Separate forms for Historical Cemeteries, Historical Bridges, Underwater Archeological Sites and Shipwrecks are also available and must be completed if such resources are investigated. The Grantee shall obtain the most recent version of these forms by contacting the Florida Master Site File. All completed Florida Master Site File Forms shall be submitted to the Department's Grants Section with the Final Survey Report. After review for completeness and sufficiency, the Grants Section shall forward the completed forms to the Florida Master Site File. D. Reports Required for Preservation Planning Projects. In addition to the Project Progress & Expenditure Reports described in Section B. above, a draft of the final product will be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of the draft(s), supplemental reports or drafts of the final product may be required to be submitted for preservation planning projects depending on the nature and scope of the individual project. E. Submissions Required for Architectural Planning Projects. In addition to the Project Progress and Expenditure Reports described in Section B. above, in accordance with Section 267.031(5)(i), Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the Project at the following points in their development: a. Upon completion of schematic design; b. Upon completion of design development and outline specifications; and c. Upon completion of working drawings and specifications, prior to execution of the construction contract. F. Reports Required for Community Education Projects. In addition to the Progress & Expenditure Reports described in Section B. above, a draft of the final product shall be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of the draft, supplemental reports or drafts of the final product may be required to be submitted for community education projects depending on the nature and scope of the individual project. 17 A TT ACHMENT B F0703 FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant A ward Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A -13 3, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Department of State by this agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). I 4. The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http://www.fldfs.coml Federal Office of :\1anagement and Budget Circulars Index http://www.whitehouse.gov/omb/grants/index.html- circulars Governor's Office Initiatives, Florida Single Audit Act http://www.myflorida.comlmvflorida/ government,! governorini tiati ves/fsaa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nons tate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nons tate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 2 PART III: REPORT SlJBMISSIO!'i 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A- 133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e )(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: National Park Service, U.S. Department of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA # 15-904, 25000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Resources may be used to carry out historic preservation activities such as surveys, preservation plans, National Register nominations, architectural plans and the National Register of Historic Places, and for acquisition or repair of these properties. Development projects must comprise on or more treatments such as preservation, restoration, rehabilitation, and reconstruction. Major reconstruction is not eligible. 4 STATE RESOCRCES AWARDED TO THE RECIPIENT PCRSUANT TO THIS AGREEMEKT COKSIST OF THE FOLLOWING: MA TCHING RESOCRCES FOR FEDERAL PROGRAMS: 1'\ot Applicable. SUBJECT TO SECTION 215.97, FLORIDA STATCTES: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: MONROE COUNTY Signature of Authorized Official Typed Name and Title of Authorized Official 5 Page 1 of2 ATTACHMENT C F0703 SPECIAL CONDITIONS OF CONTRACT REQUIRED BY HISTORIC PRESERV A TION GRANT AWARD AGREEMENT Project Name: Tavernier Intensive Level Survey and Publication Historical Resources Grant-in-Aid No.: F0703 Parties: 1. (Owner) 2. (Architect/Consultant/C ontractor) These Special Conditions shall supplement and become part of the Agreement and shall supersede any conflicting provisions of said Agreement. 1. Equal Employment Opportunity Compliance 1.1 The Architect/Consultant/Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which the Architect/Consultant/Contractor has agreed to undertake by and through the covenants and provisions set forth in this Agreement. 2. Access to Records 2.1 The Architect/Consultant/Contractor shall keep and maintain financial, invoice, and employment records pertaining to the contractual obligation between the Parties for pre-audit and post-audit purposes for a period of five years following the completion of all project work, or until all claims and audit fmdings involving these records have been received, whichever is later. The Owner, the Florida Department of State, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Architect/Consultant/Contractor which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcription. 3. Termination 3.1 Termination by Owner 3.1.1 The Owner may terminate this Agreement if the Architect/Consultant/Contractor: 1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective contracts between the Architect/Consultant/Contractor and the Subcontractors; 3. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or t 4. Otherwise is guilty of substantial breach of a provision of the Agreement. Page 2 of2 3.1.2 When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Architect/Consultant/Contractor and the Architect/Consultant/Contractor's surety, if any, seven days written notice, terminate employment of the Architect/Consultant/Contractor and may, subject to any prior rights of the surety: 1. Take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Architect/Consultant/Contractor; 2. Accept assignment of subcontracts; 3. Finish the Work by whatever reasonable method the Owner may deem expedient. 3.1.3 The Architect/Consultant/Contractor will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 3.2 Termination by the Architect/Consultant/Contractor 3.2.1 The Architect/Consultant/Contractor may terminate the Agreement if the Work is stopped for a period of 30 days through no act or fault of the Architect/Consultant/Contractor or a Subcontractor, Sub-subcontractor or other agents or employees or any other persons performing portions of the Work under agreement with the Architect/Consultant/Contractor, for any ofthe following reasons: 1. Issuance of an order of a court or other public authority having jurisdiction; 2. An act of government such as a declaration of national emergency, making material unavailable; 3. Because the Architect has not issued a Certificate for Payment and has not notified the Architect/Consultant/Contractor of the reason for withholding such certification, or because the Owner has not made payment on a Certification of Payment within the time stated in the Agreement; 4. If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or 5. The Owner has failed to furnish to the Architect/Consultant/Contractor promptly, upon the Architect/Consultant/Contractor's request, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Agreement. Owner Architect / Consultant / Contractor Address Address By By Date Date Attachment D Applies to Survey Projects Only HISTORICAL SURVEY REPORT CHECKLIST Grant No.: Project Name: The following Topics are excerpts from Chapter 1A-46, Florida Administrative Code ** For format and layout recommendations please refer to "Organizational Requirements for the Draft and Final Report document. The general description of the project shall address 0 Project location (including boundary map) 0 Project description 0 Purpose of project 0 Pertinent federal. state. or local laws and regulations Archival research shall address 0 Past field surveys in the project area and the relevance of the major findings to the area currently under study 0 Pertinent data in the Florida Master Site File :I Pertinent data in other studies appropriate for the research problem 0 Pertinent historical data from records such as plat maps, tract books, subdivision maps, Sanborn maps, city directories, building permits and architectural plans 0 Pertinent information from informants, which shall include the Certified Local Government within whose boundaries the project lies (if applicable) 0 Chronologically arranged narrative of the history of the project area and of the significant historical events or developments (including important individuals and institutions) which are necessary to place sites and properties in historic contexts within the project area The description of the research design shall address 0 Objectives 0 Methods 0 Expected results The description of historical fieldwork activities shall address 0 Boundaries of the area investigated 0 Fieldwork methodology and the rationale for its selection o Types of resources identified and evaluated o List of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle map 0 Descriptions for all identified resources 0 Photographs or illustrations representative of resources located in the project area 0 Information on any portions of the project area which were not investigated and a statement explaining the reason why investigation did not occur 0 Explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering, or cultural resources The description of the results and conclusions of the historical, architectural, engineering or cultural resource investigations shall address o Findings in relation to the stated objectives o Assessment of the integrity of evaluated sites 0 Methods used to apply National Register criteria (A,B,C, and D) for a determination of eligibility and historic context as contained in 36 C.F.R 60 0 Description of the constituent elements that constitute the complete property (e.g. outbuildings, landscape features, etc.) which is determined eligible for listing in the National Register 0 National Register property boundaries depicted on a scaled site plan sketch o Conclusions and analysis of the findings o Discussion of the manner in which the resources contribute to an understanding of local, regional, state, or national history and/or architectural history 0 Recommendations regarding the treatment of the resource(s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action 0 Discussion of the scope and completeness of the project efforts and the need for any additional identification, evaluation or documentation efforts 0 Location of all curated project records and location of all project records (e.g. photographs, oral interviews, etc.) 0 Bibliography of those sources used All historical fieldwork reports shall include the following, either as part of the report or as accompanying documents: 0 FMSF Survey Log Sheets, completed in accordance with the "Guide to the Survey Log Sheet" with project boundaries depicted on an attached original or photocopy portion of a U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle map 0 FMSF historical structure forms, completed in accordance with the "Guide to the Historical Structure Form, Version 3.0" 0 FMSF historical bridge forms, completed in accordance with the "Guide to the Historical Bridge Form" 0 FMSF historical cemetery forms, completed in accordance with the "Guide to the Historical Cemetery Form" 0 Completed FMSF resource group forms 0 Original or photocopy portion of a U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle maps for all identified sites showing site locations * * * * RETURN COMPLETED FORM WITH DRAFT REPORT * * * * Report Author: Date: Organizational Requirements for the Draft and Final Report (A summar); based on the lA-46 Checklist) All reports should be proofread by someone other than the author prior to submission. All reports must include the followiO!! in the order listed: Title Page: name of project, name of author, name of consulting agency, date of report Table of Contents Page List of Figures Page: Indicate the title of each figure and its page number List of Tables Page: Indicate the title of each table and its page number Acknowledgements Page: Include the following language from Attachment A regarding funding of projects from state grants. (See Attachment A for funding acknowledgment for federal grants.) Other acknowledgements may be included as is appropriate. This project has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. Introduction: Include description of the project; origin and purpose of the project; location of the survey area; reference any pertinent federal, state or local laws and permits. Include map of the survey area. Summary of Background Research: Include past surveys, information from the Florida Master Site File, environmental data, historical data from maps, archival research, interviews Narrative History: Include events, people, institutions, and organizations in the survey area for historic context. Provide citations for statements that are not general knowledge. Research Design: Describe objectives, methods, expected results. Include plans for unexpected finds (such as Human Remains in archaeological projects) Discussion of the Project Work: Summarize the progress of the field work as it developed. Illustrate with photographs, maps and drawings as needed. Conclusions and Recommendations: Discuss the results of the project work. The significance of resources should be identified according to National Register criteria. Describe current conditions. Any future work that may be needed should be described. Bibliography or References Cited: Include title, author, publisher, publication place, publication date for all references used in the text or in preparation of the report. The followinf! items are required but should be placed in the report where appropriate: List of Previously Recorded Sites or Buildings with Site File numbers List of Newly Recorded Sites or Buildings with Site File numbers Maps: Must show clearlv delineated survev areas and boundaries. All maps must have a title, a north arrow and a page number. They must be included in the List of Figures with page number. Photographs: Images must be originals or scans, not photocopies. They must be labeled, and FMSF numbers, if assigned, should be included in identifications. The Final Survey Report should be submitted in a binding of your choice. . CHA..PTER lA-46 ARCH....\EOLOGICAL A1\'D mSTORICAL REPORT ST A1\'"DARDS A1\'D Gl:rIDELC\~S 1A-46.001 Standards and Guidelines for Reports. lA-46.002 Definitions. (Repealed) 1A-46.003 Criteria for Reports ofIdentification, Evaluation, and Documentation Activities. (Repealed) 1A-46.004 Criteria for Qualifications of .Archaeologists. (Repealed) lA-46.005 Report Review Procedures. (Repealed) 1 A-46.006 Technical Assistance. (Repealed) 1A-46.007 Dispute Resolution. (Repealed) lA-46.001 Standards and Guidelines for Reports. (1) Purpose. This rule specifies criteria by which the Division of Historical Resources (Division) will review reports of cultural resource activities on federally assisted, licensed or permitted projects; on projects on state owned or controlled property or state assisted, licensed, or permitted projects; and on local projects for which the Division has review authority. (2) Definitions. The following words and terms shall have the meanings indicated: (a) "Agency" or" Applicant" means any unit offedera1, state, county, municipal or other local government; any corporation, partnership or other organization, public or private, whether or not for profit; or any individual or representative of any of the foregoing proposing undertakings. (b) ".Archaeological fieldwork" means actions undertaken for the purpose of recovering data about or from an archaeological site in order to evaluate and determine National Register eligibility; or to document through archaeological excavation the archaeological site prior to proposed alteration, damage or destruction. (c) " .Archaeological site" means the complex of associated physical remains and features contained in the ground that evidence past use or modification by people. (d) ".Area of potential effect" means the geographic area or areas within which an undertaking may directly or indirectly cause changes in character or use of historic resources, if any such properties exist. (e) "Certified Local Government" means a local government that has been certified to meet Federal and State standards, as set forth in the "Florida Certified Local Government Guidelines" (Form HR3E03204-02) herein incorporated by reference, and can participate in the nationwide program of financial and technical assistance to preserve properties. (f) "Completeness" means the inclusion in the report of archaeological and historical activities of all applicable sections of the prescribed content, but does not mean that said sections are sufficient in comprehensiveness of data or in quality of information provided. (g) "Days" means calendar days. (h) "Determination of eligibility" means the process of determining whether identified historical resources are deemed significant using the criteria for significance established by the National Park Service, U.S. Department of the Interior for the National Register of Historic Places. (i) "Federal undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction ofa federal agency, including those carried out with federal assistance; those requiring a federal permit, license or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. (j) "Florida Master Site File" or "FMSF" means the record of identified historical resources maintained by the Division. (k) ''Historical fieldwork" means actions undertaken for the purpose of recovering data about or from a building(s) or structure(s) to evaluate and determine eligibility; or to document using the Historic American Buildings Survey (HABS) or Historic Engineering Record (HAER) standards and guidelines prior to proposed alteration or destruction. (1) ''Historical resource" mean3 a building, structure, site, object or collection thereof (a prehistoric or historic district) which is generally at least fifty years old of historical, architectural, or archaeological value. (m) "Historic context" means the organizational format that groups information about related historical resources based on theme, geographical limits and chronological period. A single historic context describes one or more aspects of the historic development of an area, considering history, architecture, archaeology, engineering and culture, and identifies significant patterns that individual historical resources represent. A set of historic contexts is a comprehensive summary of all aspects ofthe history of an area. (n) "Local undertaking" means a project, activity or program subject to the provisions of a local ordinance or regulation for which the Division has re'~ew authority. (0) "National Register" means the National Register of Historic Places, the list ofhistorical resources significant in American history, architecture, archaeology, engineering and culture and authorized by the National Historic Preservation Act of 1966 as amended and administered by the U.S. Department of the Interior, National Park Service. (P) "Principal Investigator" means the person or persons responsible for supervising archaeological fieldwork and historical fieldwork. (q) "State undertaking" means a project, activity or program in which a state agency of the executive branch has direct or indirect jurisdiction; those in which a state agency provides financial assistance to a project or entity; and those in which a state agency is involved through the issuance of state permits or licenses. 1 (r) "Sufficiency" means determining whether the report meets the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (published in the Federal Register, Vol. 48, No. 190, pp. 44716-44740, September 29,1983), herein incorporated by reference, with respect to identification, evaluation and documentation. (3) Reports. Reports of the results of archaeological fieldwork and historical fieldwork activities shall include the topics in (a)-(h) below in sufficient detail for the Division to review for completeness and sufficiency. For projects oflimited scope, topics that are not applicable may be omitted when a justification for this decision is provided. In addition, all reports shall be consistent with and meet the terms ofthe standards and guidelines for identification, evaluation and documentation contained in the "Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation." This section shaH apply to federal, state and local undertakings. Principal investigators shall meet the minimum qualifications for archaeology, history, architecture, architectural history, or historic architecture contained in 36 C.F.R. 61 ("Procedures for Approved State and Local Historic Preservation Programs, Appendix A, Professional Qualifications Standards"), herein incorporated by reference, effective 10-97. (a) General Description. The description of the project shall address the project location (including boundary map) and description; the purpose ofproject; the area of potential effect; and the pertinent federal, state or local laws and regulations. (b) Archival Research. Archival research shall address past field surveys in the project area and the relevance of the major findings to the area currently under study; pertinent data in the Florida Master Site File; pertinent environmental and paleoenvironmental data; pertinent data in other studies appropriate for the research problem; pertinent historical data from records such as plat maps, tract books, subdivision maps, Sanborn maps, city directories, building permits and architectural plans; and pertinent information from informants, which shall include the Certified Local Government within whose boundaries the project lies. Research results shall be presented in a chronologically arranged narrative of the prehistory and history ofthe project area and of the significant historical events or developments (including important individuals and institutions) which are necessary to place sites and properties in historic contexts within the project area. (c) Research Design. The description of the research design shall address the objectives; methods; expected results; and procedures to deal with unexpected discoveries including the discovery of human remains in accordance with Chapter 872.05, Florida Statutes. (d) Archaeological Fieldwork. The description of archaeological fieldwork activities shall address the types of sites encountered and evaluated; the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the location of all tests and excavations, including maps depicting testing locations and results, site components, integrity of sites and subareas within the sites; information on the location and appearance of features and artifacts, as well as the integrity and boundaries of sites and site components; information on any portions of the project area and any portions of identified sites which were not investigated and a statement explaining the reason why investigation did not occur; photographs of each site; photographs and illustrations representative of site subareas or features, or formal excavation units; identification of portions of the project area that were examined but that did not contain archaeological remains; special survey techniques; and information on changes in research design or methodology. Special survey techniques may be necessary to search for certain subsurface or underwater archaeological sites. The description of special survey techniques shall address the following topics: equipment, field methodologies, areas surveyed and not surveyed., a record of the nature and location of all potential historical resources identified and a description of any potential historical resources investigated by examination to determine their nature. Underwater archaeological surveys shall be conducted in accordance with the "Florida Division of Historical Resources Performance Standards for Submerged Remote Sensing Surveys" (Form HR6E06304-02), herein incorporated by reference. (e) Historical Fieldwork. The description of historical fieldwork activities shall address the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the types of resources identified and evaluated; a list of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle map; descriptions for all identified resources; photographs or illustrations representative of resources located in the project area; information on any portions of the project area which were not investigated and a statement explaining the reason why investigation did not occur; and an explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering or cultural resources. (f) Archaeological Results and Conclusions. The description of the results and conclusions of the archaeological resource investigations shall address laboratory methods used to analyze artifacts and other site materials recovered during the archaeological investigations in the project area; the curation location of artifacts and project records; findings in relation to the stated objectives of the investigations; an assessment of site integrity; methods used to apply National Register criteria for a determination of eligibility and historic context as contained in 36 C.F.R. 60 ("National Register of Historic Places"), herein incorporated by reference; a discussion of completeness ofproject efforts and the need for any additional identification, evaluation or documentation efforts; conclusions and analysis of the findings, including a discussion on how the findings contribute to an understanding of the historic work or treatment of the site; and a bibliography of those sources utilized. (g) Historical Results and Conclusions. The description of the results and conclusions of the historical, architectural, engineering or cultural resource investigations shall address findings in relation to tbe stated objectives; an assessment of the integrity of evaluated sites; methods used to apply National Register criteria for a determination of eligibility and historic context; a description of the constituent elements that constitute the complete property (e.g. outbuildings, landscape features, etc.), which is determined eligible for listing in the National Register; the National Register property boundaries depicted on a scaled site plan 2 sketch; conclusions and analysis of the findings; a discussion of the manner in which the resources contribute to an understanding oflocal, regional, state, or national history and/or architectural history; recommendations regarding the treatment of the resource(s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action; a discussion of the scope and completeness of the project efforts and the need for any additional identification, evaluation or documentation efforts; the location of all curated project records and location of all project records (e.g. photographs, oral interviews, etc.); and a bibliography ofthose sources used. (h) Florida Master Site File (FMSF) Requirements. Reports of archaeological fieldwork and historical fieldwork activities will be deemed incomplete if they do not contain FMSF survey log sheets for each report and site forms for each site identified, evaluated or documented.. All archaeological fieldwork and historical fieldwork reports shall include the following, either as part of the report or as accompanying documents: 1. FMSF Survey Log Sheets (Form HR6E0661 0-97, effective 9-1-97), completed in accordance with the "Guide to the Survey Log Sheet" (Form HR6E05904-02), with project boundaries depicted on an attached original or photocopy portion of a U.S. Geological Survey (1 :24, 000) 7.5 minute series topographic quadrangle map. 2. FMSF archaeological site forms (Form HR6E06401-97, effective 3-1-97), completed in accordance with the "Guide to the Archaeological Site Form, Version 2.2 (Form HR 6E05804-02), as appropriate. 3. FMSF historical structure forms (Form HR6E06308-96, effective 11-1-96), completed in accordance with the "Guide to the Historical Structure Form, Version 3.0" (Form HR6E06004-02), as appropriate. 4. FMSF historical bridge forms (Form HR6E065I 0-97, effective 10-1-97), completed in accordance with the" Guide to the Historical Bridge Form (Form HR6E061 04-02), as appropriate. 5. FMSF historical cemetery forms (Form HR6E04806-92, effective 8-1-98), completed in accordance with the" Guide to the Historical Cemetery Form" (D HR6E0620402), as appropriate. 6. Completed FMSF shipwreck forms (Form HR6E05006-92, effective 7-1.92), as appropriate. 7. Completed FMSF archaeological short form (Form HR6E04906-92, effective 12-1-95), as appropriate. 8. Completed FMSF resource group forms (Form HR6E0571l-01, effective 7-1-00), as appropriate. 9. An original or photocopy portion of U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle maps for all identified sites showing site locations. These forms are herein incorporated by reference and are available by writing the Division at R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. These forms may also be obtained from the Division's website at www.f1heritage.com. (4) Review Procedures. The following procedures shall be followed in the review of archaeological fieldwork and historical fieldwork reports: (a) Reports and accompanying documentation shall be submitted to the Bureau of Historic Preservation at the Division. (b) The Division shall notify the agency or applicant in writing within fifteen days of receipt ofa review request, of any additional information required. (c) Upon its determination that the report is complete, the Division shall complete its review ofthe report for sufficiency based on the criteria specified in subsection 1A-46.00l(3), F.A.C., within thirty (30) days. (d) The Division shall notify the agency or applicant of its decision as to whether the report meets the requirements ofthis rule with respect to completeness and sufficiency, and shall include a statement of the reason for determining a report to be incomplete or insufficient. Specific Authority 267.031 (1) FS. Law Implemented 267.031 FS. History-New 6-10-92, Amended 7-21-96, 8-21-02. 3 ATTACHMENT D HISTORIC PRESERVATION GRANT-IN-AID PROJECTS REQUIRED FLORIDA MASTER SITE FILE DOCUMENT A TION FOR SURVEY PROJECTS Historical and archaeological survey projects funded with Historic Preservation Grants-in-Aid assistance require the submission of a Final Survey Report, Survey Log Sheet with USGS Map of project area, and Florida Master Site File (FMSF) forms with required attachments. This detailed historical information will be kept in the FMSF for use by state and local agencies, historians and others, including the general public. For all projects, each cultural resource (archaeological site, historical structure, cemetery, etc.) must be recorded on a Florida Master Site File form, with the following required attachments: 1. USGS Map with cultural resource plotted in red (if using GIS to map resources, the FMSF encourages you to send the data as this will expedite the digitizing process) 2. A street map (for structures, plotted in red) or detailed site plan (for archaeological sites) 3. Photos meeting the standards outlined in the Photographic Documentation Policy of the FMSF For all but the smallest survey projects (those documenting a total of 10 or fewer cultural resources), the Division of Historical Resources requires the use of SmartForm II, available for download at the FMSF website: http://www.flheritage.comlpreservation/sitefile/ . For projects with a total of 10 or fewer cultural resources, paper forms may be used. These forms, as well as guidelines for packaging documents, the Photographic Documentation Policy, and a form requesting assignment and confirmation of FMSF numbers, are also available on the FMSF website. All completed documents, the Final Report, Survey Log Sheet, and FMSF Forms and attachments, are to be sent to the Grants and Education Section as final products of the grant project. After a review for completeness and sufficiency, the Grants and Education Section will forward them to the FMSF. Please note that requirements for the FMSF differ from the requirements for submission to the National Register of Historic Places (NRHP). For NRHP requirements, please contact the Survey & Registration section of the Bureau of Historic Preservation at 850-245-6333. Documents for FMSF Submission Contact information for the Florida Master Site File Florida Master Site File o Final Report with printed Survey Log sheet and USGS Division of Historical Resources Map of Project Area R. A. Gray Building o Disk with Smartform II .mdb database(s) including 500 South Bronough Street Survey Log Sheet and FMSF forms Tallahassee, Florida 32399-0250 o Paper printouts of the FMSF forms Telephone: (850) 245 6440 o USGS Maps (and GIS data, if available) State SunCom: (850) 205-6440 o Street Map or Site Plan Fax Line: (850) 245-6439 o Photos meeting FMSF standards of documentation A COpy OF THIS PACKAGE SHOl'LD BE GIVEN TO THE CONSULTANT CONDL'CTII\"G THE SURVEY , . How To Package Documents Florida Master Site File Bureau of Historic Preservation Division of Historical Resources Florida Department of State 2007 Florida Master Site File Telephone: 850-245-6440 Division of Historical Resources State SunCom: 205-6440 R. A. Gray Building Fax line: 850-245-6439 500 South Bronaugh Street Email: sitefile@ dos.state.fl. us Tallahassee, Florida 32399-0250 Website: )1'ww. herita e. com! reservation/site L1e/ .ocs'J10v. ToPackageDocuments2007 .doc 07,31/07 2:32 PM . , . How Tt> Package 80cumenls Page 2 Role of this Document This document explains how to package the documents produced by archaeological and historical survey projects in order to send them to the Florida Master Site File (FMSF). Project Documents Expected by the FMSF Survey-Related Items For all survey projects, include the following survey-related items: . completed Checklist for Survey Documents (see below); . the survey report . the FMSF Survey Log Sheet . a set of 1 :24,000 USGS map sheets plotting the area surveyed . if recording forms, the FSMF paper form or the SmartForm II data printout, with required map attachments (USGS and street map or site plan) and photographs (see FMSF Photo Documentation Policy for more information on photo requirements) For survey projects using electronic forms, survey-related items will also include: . a set of cds with SmartForm II files in .mdb format (photos and the GIS plots of the resources if the maps are derived from GIS) . a completed paper SmartForm Submission Form Requirements for FMSF Materials All materials should be numbered appropriately with the FMSF number and field date of the corresponding property and should be grouped by file number using plastic or coated paperclips or file folders (this is optional as the FMSF will replace folders with acid-free folders). The file order should correspond to the inventory of recorded resources within the survey (by FMSF #, with "Updates" separated from "Originals"). For projects using electronic forms, discs must be clearly labeled with project and disc number (for example, Sunny Road Project, Disk 2 of 3), survey organization (e.g., FastPast of Florida, Inc.), and field date. Group discs for the same project together. Each numbered disc must correspond to the appropriate Disk Submission Form. . . , How TC' Pa~kage Documents Page 3 Packaging Items Relating to Individual Historic Properties . For the individual historic property, bundle items appropriately as described above. For example, bundle FMSF form, marked USGS and large scale maps, labeled photograph (or paper print-out of photograph if submitting digital photos), and other materials together in order of the inventory. Ensure that each sheet is labeled with the file number and the field date. . Organize and label files appropriately: segregate archaeology forms from structure forms, and "Original" forms (those not previously entered on the FMSF) from "Update" forms (relating to historic properties already listed). Within their stacks or boxes, arrange in order of FMSF file number. Label the stacks or boxes appropriately, as to project, type of historic property, range of FMSF numbers, and original or update. . \Vhen transmitting project results, especially if your product passes through other hands before reaching the FMSF, please ensure that the FMSF receives a comprehensive and good quality set of documents. We request that the authors of forms and reports, assemble a complete "extra" package of all results, whether sent through the client or directly to the FMSF, rather than relying on the client to faithfully duplicate all materials. . For Compliance projects, transmit only one copy of all documentation to the Compliance Review Section in Tallahassee. When their review process is completed, they will pass all materials on to the FMSF. . For projects funded by the State of Florida's Historic Preservation Grant In-Aid Program, follow instructions in your paperwork, as confirmed by your grant administrator (Grants and Education Section, Division of Historic Resources, 850-245-6333). While more than one copy of the survey report are required, only one complete set of historic property forms is needed. Transmit all products to that office. After a brief review, they will pass on the FMSF part of the package. . Using the Checklist/or Survey Documents (next page), double check that items required by the FMSF for a completed survey package are all there. Include a copy of the checklist to be sent to the FMSF. . If FMSF numbers were assigned to you but not used for the project, please notify us of their return in writing (numbers are only "on loan" for your specific project and may not be used for anything different without the concurrence of the Site File). . If you wish to include unusual, fragile, or oversized (larger than 8.5 by 11) items in your documentation package, please consult with staff of the FMSF be/ore putting the survey package together. , . .... Ho~ To Package Documents Page 4 Checklist for Survey Documents The following items are expected as part of a documentation package for survey projects recorded at the Florida Master Site File. Use the sublists, according to the resource recorded (site or structure) and recording medium (SrnartForm or paper). Combinations of historical and archaeological slln'eys must have all elements listed below, grouped appropriately. .More information on requirements may be found in various handouts of the FMSF. Surveys Using Electronic Forms--SmartForms Archaeological Survey Historical Survey One Per Survey: One Per Survey: o This Form o This Form o Survey Report o Survey Report o Survey Log Sheet of the FMSF o Survey Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) o Survey Plot on 7.5' USGS Maps (Photocopies) o Set of discs with SmartForrns, Photos, GIS Plots o Set of discs with SmartForrns, Photos, GIS o Disk Submission Form(s), At Least One Per Disc o Disk Submission Form(s), At Least One Per Disc One Per Resource: One Per Resource: o Site Boundary Map, USGS 7.5' o Location Plot, USGS 7.5' o Site Plan, Large Scale o Large Scale Street Map o Artifact Summary (encouraged) o Photograph (paper if submitting dig., required) Surveys Using Paper Forms Archaeological Survey Historical Survey One Per Survey: One Per Survey: o This Form o This Form o Survey Report o Survey Report o Survey Log Sheet of the FMSF o Survey Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) o Survey Plot on 7.5' USGS Maps (Photocopies) One Per Resource: One Per Resource: o Paper Site Form o Paper Site Form o Site Plan, Large Scale o Location Plot, USGS 7.5' o Site Boundary Map, USGS 7.5' o Large Scale Street Map o Artifact Summary (encouraged) o Photograph (paper if submitting dig., required) o Optional Paper Supplements o Optional Paper Supplements The Florida Master Site File furnishes copies of manuals free of charge. You may reach the Site File using the following information: Florida Master Site File Telephone: 850-245-6440 Division of Historical Resources State SunCom: 205-6440 R. A. Gray Building Fax line: 850-245-6439 500 South Bronough Street Email: sitejile@ dos.state.fl.us Tallahassee, Florida 32399-0250 Web site: v..'ww,flheritage.com/preservation/sitefilel ~ .\ ~Florida Photographic Documentation Policy '==Master Effective January 1, 2007 J Site ~ "",' File &., ""I., The Florida Master Site File requires photographic documentation of resources as a component of a completed Historical Structure Form, Historical Bridge Form, Historical Cemetery Form or Resource Group Form. Photographs may be submitted as a digital image file OR as an archival Black and White photographic print. In either case the overall quality of the image (resolution, exposure, texture, focus, etc.) should be sufficient to display architectural details, where applicable. Such details include but are not limited to: ornamentation, window types, masonry patterns and materials, and distinctive roof materials. If Submitting Digital Image Files... The image files must be submitted on disk or CD and as a hard copy printout on plain paper (photo paper or archival processing is not required). The image files should include the site number as part of the file name and must adhere to the following specifications*: Size/Resolution: 1600 x 1200 pixels at 300 ppi (pixels per inch) or larger. This works out to approximately 2 megapixels. Color Format: RGB color saved at 8-bit (or larger) per channel format. This results in a 24-bit color image (8-bits each for the Red, Green and Blue channels). File Format: JPEG or uncompressed TIFF files are acceptable. Note that there are different levels of JPEG compression and that low or medium compression should be used when saving files in JPEG format. High JPEG compression may result in unacceptable image quality. *Note: 24-bit color JPEG images are the default image format for most digital cameras. Image resolution and compression are' usually adjustable and should be checked prior to capturing images for submission to the Site File. As of the date of this document most cell phone cameras do not meet the minimum requirements for submission. If Submitting Archival Black and White Photographic Prints... The Site File requires a glossy Black and White photographic print produced by photographic chemistry on a quality Black and White photographic paper. Color photographic paper is not acceptable because it does not meet the stability requirements for archival storage. Paper rated for at least a 50-year life is acceptable. The print must be large enough, at least 3"xS", to show detail without magnification and to show further detail under low magnification. The photo specifications used by the Site File are based on the more stringent photographic standards established for photos by the National Register of Historic Places. The NRHP photographic standards policy may be found at the following location: http://www.cr.nps.QovINR/Dolicvexpansion.htm. ~""'.-,t Page 1 L ~fffil~liT~1fut~~~h~ ~ Survey Log Sheet ~~~~'~~~~~~~m.lfli -- ~. Sur~~~lf;;MSf:~onm~~~"'S;~""'t . ,0, ~~ 1;01ol;"'~,p-::t''''':'~'':'l'''::'i .~..~" . .,., '.... <:\1 Florida Master Site File , ; Version 2..0 9/97 ~ ."7 Consult Guide to the SUl1'ey Log Sheet for detailed instructions. ~-- ~-~---~--~--- -~-- -- ---~ - -- ----~~--- -~--~ -- ~---- ---- - - ---- -~~--~ ~-- ~ - ~ ---~- -------------- -- ---- -- - - -- - -- - - --- -- - -- ----- -~----~---- ~-~ - ----- ---~-~-~----~ ------ -------~ -------~-~ ----- -=----- ---- -----~-- ~- --= =-----=o:;c:-=_=_ --=--=------=--=- --= ~ -- -= -~ ==--=--= =~____:==:::_---"=-__=_==____=~~ ~_~ =--- =-- --=-_- ~ -=___ ~-== ------== .;o--~""-=~ ~--;::-_.:::-- ~-=-=------:-=--=--=--=:"-=----.:==..=::---=====- --===..::::::::. =-- :== ~-: ----~-----:- -:::--;;;.-:: - - =-:::: - ~ ;--~ ~- --=:-- - --=:::::--_-==--=--=--=--- - -----=---=-=---==:::-=-::-=-;, -=--=-::-.::..:_--=---= --~------ --- ---------~--- -- - - ~ - - - --~-~--- -~---- ------ - - - -- - ~--~---------------------- - ~ - - --- -------------~-- -- ----- -- - ----~-- ------~ --- --- --------------------- ---- - - ~-----~~~---~-~ ~--- Survey Project (Name and project phase) Report Title (exactly as on title page) Report Authorlsl (as on title page- individual or corporate; last names first) Publication Date (year) Total Number of Pages in Report (Count text, figures, tables, not site forms) Publication Information lIf relevant, series and no. in series, publisher, and city. For article or chapter, cite page numbers. Use the style of American Antiquity: see Guide to the Survey Log Sheet.) Supervisor(s) of Fieldwork (whether or not the same as author[s]; last name first) Affiliation of Fieldworkers (organization, city) Key Words'Phrases (Don't use the county, or common words like archaeology, structure, survey, architecture. Put the most important first. limit each word or phrase to 25 characters.) Survey Sponsors (corporation, government unit, Dr person who is directly paying for fieldwork) Name AddresslPhone Recorder of Log Sheet Date Log Sheet Completed , I Is this surveyor project a continuation of a previous project? o No DYes: ~t{~ll~r~1k~l~$lif~s~;g~~~~~r;;.~.;~~ ---=-~-~----- -----=-=----=-----------==--- --- - --=----=--==-------=::::::::::=--==-.:::::::.--===::::=........~--===-- =-=-~ ---=-------=--~-=- -=----=-==----=---- ---=- - ------=--=--= ===--=-=-=-=---====~-=--=-..- ~-=----~-~~~;~~~~~~~--=~~~-~~;:- >-~~~~~~~~~~=~ Counties (List each one in which field survey was done, do not abbreviate; use supplement sheet if necessary) USGS 1 :24,000 Map(sl : Map NamelDate of Latest Revision (use supplemen1 sheet if necessary): =-- - - ---- - --- -- -.;------~--------=~---- -~-""-~-----~ - - ~-- -----------=---~ ---=------ ---~------- -- ----- ---- ~---~- -------=----- -- -------- ------ -- ------------ ------=-~- -~ - - ---- ----- -- -~--- -~-------=---- ----~----~- - ~--=-- - -- ----- -- --- -~-~- - ---"---=- ~~~~:-~~=~~~;~~~~==~~==-~~~~~-:-~~~-~;~-=~-~ Dates fGr Fieldwork: Start , , End -'-'- Total Area Surveyed (fiI! in one) hectares acres --- Number of Distinct Tracts or Areas Surveyed If Corridor (m in one for each): Width mete,s feet Length kilometers miles - - HR6E0661 0.97 Florida Master Site File. Oivisioo of HistDrical Resources, Gray Building, SDO Sout~ Bronoug~ Street. Tallahassee. Florida 32399-0250 Phone g50-24S-644~.Suncom 2DS.6440. FAX R50-245-6439. Emait fmsfile@dos.stata.fl.us, Web ~tt~:lIwww.dos,state..fl.usldhrlmsfl L:\msflLogshatI..doc 071071033:07 PM . " Page 2 Survey log Sheet of the Florida Master Site File ~--==-=-=-==-=-==-------= _ _=-=-=---===-=-=-=---=-=---=-_- _ __ _~~=~-==--=-=--=C:-~_-==---=-_~ - ~ -~-- - --~---- - -- --~-----~----~--------- - - ----------~- -- -------- --.:=------ ~~~~~~=~-~~=_-_ -~~=~-----===-~~:-"-_~~-:=c~--=--~~~~= I ~:- ;-:-=-~~:=~~-=~--:====-===-=:===_"=_ ~=-- =~c:~~"'=:::::': -_----=- _- =_-=~..:=-----=-- "'-_-=-- --=--__ --- ~-=..:=-_ ~ ---=;-~~-_='=_=_=__~_____==_=_~ -=::...---=.---== -== co. =-=.~--o--=-=- ,,= -_ -~-=- -........=;--==-=--==_ -- - ----- - ------- -- --= ---- ---------- - - -------- - ----- ------- ----=------- Types of Survey (check all that apply): D an:haeological :J architectural D historicallarchival D underwater :J otoer. Preliminary Methods I..' Check as many as apply tD the projec1 as a whole.. If needed write others a1 bottom!. Q Florida Archives IGray BuilDing! o library research- loca! public Q lo~al property or tax records Q windshield o Rorida Photo Archives !Gray Building} o Iib'ary-special collection. nonloca! :l newspaper files o aerial photography :l FMSF site propeliy search o Public Lands Survey lmaps at DEP) :lliterature search ::::I FMSF survey search o local informantls) o Sanborn Insurance maps o other ldescribe) Archaeological Methods !Describe the proportion of properties at which method was used by writing in the corresponding letter. Blanks are interpreted as "None.") F(-ew: 0.20%). SI-ome: 20-50%): M(.ost 50-90%); or A{-Il, Nearly aU: 90-100%). If needed write others at bottom. D Check here if NO archaeological me1hods were used. - surface collection, controlled - other screen shovel test (size: I block excavatio~ lat least 2x2 M) - surface collection, uncontrolled water screen [finest size: - I _ son resistivity - shovel test. 1 14"screen _ posthole tests _ magnetometer shovel test.1 IB" screen _ auger (size:_l side scan sonar - - shovel test 1/1S"screen _ coring unknown - - - shoveltest-unscreened - test excavation fat least 1 x2 M) - other (describe): Historical/Architectural Methods (Describe the proportion of properties at which method was used by writing in the corresponding letter. Blanks are interpreted as "None.") F(-ew: 0.20%1. S(.ome: 20-50%); M(.ost: 50-90%); or AI-Il, Nearly all: 90.100%). If needed wri1e others at bottom. D Check here if NO historical/architectural methods wer'e used. _ building permits _ demolition permits _ neighbor interview _ subolVision maps _ commercial permits _ exposed ground inspected _ occupant interview tax records - - interior documentation _ local property records _ occupation permits - unknown - other (describe): S cope/lntensity lProcedures If Yes, circle NR-eligiblelsignifican1 site numbers below. Newly Recorded Site It's . (Are you sure all are originals and not updates? Identify methods used to check for updates, ie, researched the FMSF records. List site If's without "8: Atta!:h supplementary pages if necessary.) Site Form Used: o SmartForm o FMSF Paper Form o Approved Custom Form: Attach copies of written approval from FMSF Supervisor. DO NOT USE ?W?W~~SltE FILE USE ONL Y~?W?W~DO NOT USE. . .. ..- BAR Related . BHP:Relafed , D8n D lA32 d State Historic P.reservation Grant o CARL OlJW D Compliance Review: C RA T If ~ HR6E0661V97 Florida Master Site File. ~ivision of Historical Resources. Gray Building, 50V South Bronough Street, Tallahassee. Florida 32399.025D Phone B5V-245.&44V,Suncom 205-644D, FAX B5V-245-6439, EmsI7 tmsfile@dot.state.fLut, Weh htt~:lIwww.dot.ttate.f1.usldnrJmsll l.;\msflLogshetx..doc D71V7/V3 3:07 PM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19, 2007 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact PersonJPhone #: Darice Hayes/6004 AGENDA ITEM WORDING: Issuance 6fa Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village ofIslands - Fire Rescue for the operation of an ALS transport ambulance service. ITEM BACKGROUND: In September of2005 a COPCN was issued to Islamorada Village ofIslands - Fire Rescue to operate an ALS transport ambulance service. This certificate will be expiring on September 30, 2007. In view of the foregoing Islamorada is applying to renew this COPCN which would become effective October 1,2007. PREVIOUS RELEVANT BOCC ACTION: On September 21,2005 the MCBOCC approved the issuance of a COPCN to Islamorada Village of Islands - Fire Rescue for the operation of an ALS transport ambulance service for the period October 1, 2005 through September 30, 2007. CONTRACT/AGREEMENT CHANGES: The current COPCN Islamorada has expires on September 30,2007. The renewal being applied for will cover the period October 1, 2007 through September 30, 2009. STAFF RECOMMENDATIONS: The Monroe County Code allows the issuance ofCOPCN for the purpose of providing essential emergency medical services to the various geographical areas of Monroe County. The Islamorada Village ofIslands - Fire Rescue complies with the requirements of the said Code and Chapter 401 Florida Statutes, so in view of the foregoing Fire Rescue staff recommends the approval of the renewal of a COPCN so they can continue to provide these services to their specific area of the County. TOTAL COST:N/A BUDGETED: Yes - No - COST TO COUNTY:O,OO SOURCE OF FUNDS:N/ A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH - Year - County Atty? OMBlPurchasing_ APPROVED BY: Risk Management _ DOCUMENTATION: Included X Not Required _ DISPOSITION: AGENDA ITEM # Revised 11/06 Monroe County Division of Emergency Services 490 63rd Street, Marathon, FL 33050 Phone: (305) 289-6088 Fax: (305) 289-6007 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: J ames Callahan, Acting Fire ChieflDivision Director Emergency Services Division RE: Agenda Item: Issuance of a Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village ofIs1ands - Fire Rescue for the operation of an ALS transport ambulance service. DATE: September 19,2007 Pursuant to the requirement of Chapter 6.5 Monroe County Code, an application for an issuance of a COpeN (renewal) has been received from Is1amorada Village ofIslands - Fire Rescue to operate an ALS transport ambulance service from the West end of the Channel Two Bridge (approximately MM 72.5) to the West end ofthe Tavernier Creek bridge (approximately MM 90.8), including the entire island of Plantation Key, Windley Key, Upper Matecumbe Key, Lower Matecumbe Key, and Teatab1e Key, and all land filled in between the islands, all connected by US 1, Overseas Highway, all of which are within Is1amorada, Village of Islands, Florida. Emergency Services Division, Fire Rescue Department has records dating back to the year 2001. On August 15,2001, the MCBOCC approved an issuance ofa COPCN to Is1amorada Village of Islands - Fire Rescue and has continued to do so every two years. 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Ql o ~ g. .S ~ 0 ii .Ei D ..Q H t=l U) Isfamorad:a, YiCfaae ofIsCandS Dcpmimenl Qf Fire Rescue , ~,"iO Office oflhe FIRE CHIEF 1lttC ~. . % '1 tr;)~1 j\}\.. July 30, 2007 James Callahan Acting Monroe County Fire Chief 490 63rd St. Marathon, FL 33050 Re: APPLlCA liON RENEWAL FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Dear Chief Callahan: Please find enclosed the application for renewal of the Certificate of Public Convenience and Necessity for the delivery of Emergency Medical Service for IsJamorada Village of Islands. The insurance coverage expires October 1, 2007 and will be renewed prior to that date. We will then furnish you with the updated certificate of insurance. The Village of Islamorada respectfully requests this item be put before the Monroe County Board of County Commissioners agenda for the September 19, 2007 meeting. If you have any questions or need additional information, please contact me at your earliest convenience. Thank you! 81850 OVEJlse...s IIIGHw",,,. IsL...MORAD....I'LORlD^ 33036 OFFICE.305.664-4559 FAX. 305.664.9983 E-MAIL: fd-info@islamorada,fl.us MONROE COUNTY, FLORIDA APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COpeN) CLASS A EMERGENCY MEDICAL SERVICE (pRINT OR TYPE) D INITIAL APPLICATION - $50.00 Igj RENEWAL APPLICATION w $25.00 - IF RENEWAL~ PLEASE LIST NUMBER OF PREVIOUS CERTIFICATE: # 05-02 - 1. NAME OF SERVICE Islamorada Village ofIslands Fire Rescue BUSINESS MAILING ADDRESS 81850 Overseas Hwv.. Islamorada. FL 33036 BUSINESS PHONE NUMBER 305-664-4559 EMERGENCY PHONE NUMBER 305-289-2430 2. TYPE OF OWNERSHIP (i.e. Sole Proprietor~ Partnership, Corporation, etc.) Municipalitv DATE OF INCORPORATION OR FORMATION OF THE BUSINESS ASSOCIATION December 31. 1997 3. LIST ALL OFFICERS~ DIRECTORS, AND SHAREHOLDERS (use separate sheet if necessary): NAME AGE ADDRESS TELEPHONE # POSITION trITLE Dave Boerner P.O. Box 568 Is1amorada, FL 305-664-6400 Mayor Cathi Hill P.O. Box 568 Islamorada, FL 305-664-6400 Vice Mayor Don Achenberg P.O. Box 568 Islamorada, FL 305-664-6400 Council Member Michael Reckwerdt P.O. Box 568 Islamorada, FL 305-664-6400 Council Member Chris Sante P.O. Box 568 Islamorada, FL 305-664-6400 Council Member 4. LEVEL OF CARE TO BE PROVIDED: 0 BLS or ~ ALS IF ALS: ~TRANSPORT or 0 NON TRANSPORT 5. DESCRIBE THE ZONE(S) THAT YOUR SERVICE DESIRES TO SERVE. (Use separate sheet if necessary.) From the West end of the Channel Two Bridge. (approximately mile marker 72.5). to the West end of the Tavernier Creek Bridge. (approximately mile marker 90.8). including the entire island of Plantation Kev. Windley Key, Upper Matecumbe Key, Lower Matecumbe Key. and Teatab1e Key. and an land filled in between the islands. all connected by U.S. One. Overseas Highwav. all of the above within Islamorada. Village ofIslands. Florida. (ZONE 3) 6. LIST THE ADDRESS AND/OR DESCRIBE THE LOCATION OF YOUR BASE STATION AND ALL SUBwSTATIONS. (Use separate sheet if necessary.) BASE STATION Islamorada Fire Rescue Station 20 U.s. One & MM 81.5 81850 Overseas Hwy. SUB-STATION Is1amorada Fire Rescue Station 21 U.S. One & MM 89.9 89990 Overseas H Wy. Islamorada Fire Rescue Station 19 U.S. One & MM 74 118 Gulfview Dr. Page 1 ofG 7. DESCRIBE YOUR COMMUNICATION SYSTEM (Attach copy of all FCC licenses): FREOUENCIES CALL NUMBERS # OF MOBILES # OF PORTABLES Monroe County Public Safety Three Three Communications System - - 8. LIST THE NAMES AND ADDRESSES OF THREE (3) U.S. CITIZENS WHO WILL ACT AS REFERENCES FOR YOUR SERVICE. . . NAME ADDRESS Jim Ward 88500 Overseas Hwy., Apt. 502, Plantation Key, FL 33070 Dr. Sandra Schwemmer 160 Key Heights Dr., Tavernier, FL 33070 Chief Robert Pudney 550 NW 65111 Ave., Plantation, FL 33317 9. ATTACH A SCHEDULE OF RATES WHICH YOUR SERVICE WILL CHARGE DURING THE COPCN PERIOD. 10. PROVIDE VERIFICATION OF ADEQUATE INSURANCE COVERAGE DURING THE COPCN PERIOD. 11. ATTACH A COPY OF YOUR SERVICE'S CONTRACT WITH A MEDICAL DIRECTOR. 12. ATTACH A COPY OF ALL STANDING ORDERS AS ISSUED BY YOUR MEDICAL DIRECTOR. 13. ATTACH A CHECK OR MONEY ORDER IN THE APPROPRIATE AMOUNT, MADE PAYABLE TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. I, THE UNDERSIGNED REPRESENTATIVE OF THE ABOVE NAMED SERVICE, DO HEREBY ATTEST MY SERVICE MEETS ALL OF THE REQUIREMENTS FOR OPERATION OF AN EMERGENCY MEDICAL SERVICE IN MONROE COUNTY AND THE STATE OF FLORIDA. I FURTHER ATTEST THAT ALL THE INFORMATION CONTAINED IN TIllS APPLICATION, TO THE BEST OF MY KNOWLEDGE, IS TRUE AND CORRECT. ~~ SIGNATURE OF ~'>'-Y"t\ Debra S. Namer NOTARY SEAL . ~ .; My Commission 00298984 \; "'" I\.#' Expires April 07 2008 ~/'-LO- 5. l/tcu~ 1/;;2510 7 NOTARY SIGNATURE DATE Page 2 of6 PERSONNEL - PARAMEDICS NAME PARAMEDIC CERTIFICATION First, Middle, Last SOCIAL SECURITY # CERTIFICATION # EXPIRATION DATE Bruce Allen Stoll 8998 12/112008 !:l ' Terrv Lee Abel o ~ 205452 12/112008 'I"i ol-l ol-l d Jason William Lvman as - 205524 12/1/2008 0 Stephen Alfred Buzzell Jr. ~ ~ . 503032 12/112008 H ~ Robert Clair BurIev I~ 511857 12/1/2008 George Thomas Toth ~.zQJ 503039 12/112008 .; B Jean Pavel Delgado 8 QJ ~ 512260 1211/2008 ~:p-I ~ 'I"i Cbristonher Alan Staton ~4-lQJ 503324 12/112008 Z !-l o !:l'1"i Brvan Cody 'Whitehead u. 0 ~ 511757 12/112008 Peter Anthonv Pinto 512036 12/112008 ON~CALL PERSONNEL Elizabeth Diane Watson 7861 12/112008 Thomas Francis Strobel 8215 1211/2008 Carlos Manuel Martin 509736 12/112008 Page 3 of 6 PERSONNEL - EMERGENCY MEDICAL TECHNICIANS NAME EMT CERTIFICATION First. Middle, Last SOCIAL SECURITY # CERTIFICATION # EXPIRATION DATE William Alfred Wagner ill 49102 12/1/2008 Daniel Vincent Biondoletti g ~ 506702 1211/2008 'I"l .IJ .IJ = Kvle Francis Burkel e8 - 88123 1211/2008 0 Daniel Lee Drurv ~. ~ . 75505 121112008 Hf.I Ronald Carl Jacobs 1=1 1 0 308660 12/112008 1.;:El Walter William Mason Jr. ~,d 505495 12/1/2008 .IJ <U '; B Michael Harlow Powell 5 OJ ~ 308032 12/1/2008 ~~~ John Frederick Cullen 'I"l 505504 1211/2008 !ia4-l~ o ='I"l James David Griffeth U.O P:.i 300527 12/112008 .. Steuhen Alan Pollock 510640 12/1/2008 Lester Robert Young 503919 12/1/2008 Andrew Shereef Gam.il 514645 12/1/2008 ON-CALL PERSONNEL Scott M. Robinson 86720 12/112008 Glenn Thomas Taylor Sr. 502375 12/112008 Casey Reiff Bowman 305335 12/112008 Page 4 ofG ~I. \C 'E V"l ~ 8~ Il,) ~ go ~j i a... Q 00 0\ .... ...... 0\ N N N ...... .... ...... 0 <:::> 0\ Z <:::> t"') ...... ...... <:::> <:::> ...... 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ILrt'Otlt:'f,!Q~t::AT ~"'3.~l'lhi\sJl(l", E'L 32301 """__Mm~. ~tf~D.uuat.::1: ACORD 2S (200110a) $ ACORD CORPORATION 1986 > FIRST AMENDMENT TO MEDICAL nIRECTOR CONTRACT BETWEEN PROFESSIONAL El\1ERGENCY SERVICES, INC. AND ISLAMORADA, yrILLAGE OF ISLANDS, FLORIDA This First Amendment to the Medical Director Contract between Professional Emergency Services, Inc. and Islamorada, Village of Islands, Florida (the "Firs t Amendment") is made and entered into this 2B th day of September, 2006 by and between Islamorada, Village of Islands, Florida, a municipal corporation of the State of Florida (the "Village") and Professional Emergency Services, Inc., (the "Consultant "). WITNESSETH WHEREAS, on July 12, 2001, the Village Council approved an Agreement, attached as Exhibit "A," whereby Consultant would provide emergency medical services for the Village (the "Agreemen t"); and WHEREAS, the Village Council desires to exercise the option to extend the Agreement on the same terms and conditions for two (2) additional terms of one (1) year. NOW THEREFORE, in consideration of the mutual covenants set forth in this First Amendment, the parties hereby amend the Agreement to read as follows: 1 Section 1. Amendment to Agreement. The parties amend the Agreement as follows: *** 6.1 This Agreement shall commence of October 1, 2001, and shall continue through September 30, 2006, September 20, 2008, unless terminated earlier under Article 7. Thc VILLAGE shall haT.'C the optio'll to renc';" this Agrcement for t\yO additional one year tcrllS subject to the same tCflRS and conditions, by pr'OT/iding the CONSULTANT with vTtlit;t;0R notice to renew Il6 less than thirty (30) days frOll the expiration date. 1/ Additions to existing text are shown by underline; deletions are shown by strikeout. * * * Section 2. No Further Modifications. All other terms and conditions of the Agreement not in contlict or superseded by this First Amendment shall remain in full force and effect as if set forth in full herein. IN WITNESS VVH.EREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year first above written. CONSULTANT: VILLAGE: Dr.s~~ -)J :(/J~ Gary wo~' ............... VILLAGE MANAGER Approved as to form and legality for the use and benefit ofthe Islamorada, Village ofIslands, Florida only: ~-J~ Weiss, Serota, Helfinan, Pastoriza, Cole & Boniske, P.A. VILLAGE ATTORNEY Attest: 1f~ M~ Beverly Raddatz ....> VILLAGE CLERK Page 20f2 .. AGREEMENT BETWEEN ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA AND Professional Emergency Services, Inc. fora MEDICAL DIRECTOR This is an Agr~ement between Islamorada, ViUage of Islands, Florida, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as the "VILLAGE" AND Professional Emergency Services, Inc. hereinafter referred to as the CONSULTANT, whose principal place of business is 10 High Point Road" Tavernier, FL 33070 and who is represented by Dr. Sandra Schwemmer. WHEREAS, the VILLAGE, as a provider of Emergency Medical Services to its citizens, is required by Chapter 401, Florida Statutes, to contract with a licensed physician to serve as the VILLAGE'S "MEDICAL DIRECTOR", also referred to as the "FIRE DEPARTMENT PHYSICIAN"; and WHEREAS, the CONSULTANT meets the qualifications necessary to provide Medical Director . services to the VILLAGE and the VILLAGE desires to utilize the services of the CONSULTANT. NOW, THEREFORE, in consideration ofilie mutual tenus and conditions, promises, covenants and payments set forth below, the VILLAGE and the CONSULTANT agree as follows: ARTICLE I SCOPE OF SERVICES 1.1 Under the direction of the Fire Chief, and as defined in Florida Administrative Code. Chapter 64E-2.004, Medical Direction, the CONSULTANT shall perform the services of Medical Director for the VILLAGE'S Emergency Medical Services Program as more particularly set forth herein. I 1.1.1 Under the direction of the Fire Chief, advise, consult, train, and counsel the Village's emergency medical services system, overseeing appropriate quality assurance, but not including administration and managerial functions. 1.1.2 Develop medically correct standing orders or protocols that permit specified ALS and BLS procedures when communication cannot be established. with a supervising physician or when any delay in patient care would potentially threaten the life or health of the patient. 1.1.3 Issue standing orders and protocols to the VILLAGE to ensure that the VILLAGE transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition if available within the service region. 1.1.4 Assist and advise in the development of a comprehensive plan for prompt medical review of all possible infectious exposures reported by Village of Islamorada EMS and firefighter personnel and for post-exposure medical follow-up when indicated, in compliance with State and Federal requirements. Assist in the inservicing of the individual EMS and firefighters regarding the exposure policy. The Medical Director or designee, shall be available for consultations with field personnel to detennine the significance of any body fluid exposure and to suggest appropriate action for such an exposure. 1.1.5 Provide continuous 24-houri'er-day, 7-day-per-week medical direction, which shall include in addition to the development of protocols and standing orders, direction to VILLAGE personnel as to ~vailability of medical direction "off-line" service to resolve problems, system conflicts, and provide services in an emergency as that term is defined. by section 252.34(3) Florida Statutes. 1.1.6 Develop and implement a patient care quality assurance system to assess the medical performance of paramedics and EMTs. 1.1.7 Audit the performance of system personnel by use of a quality assurance program to include but not be limited to, a prompt review of run reports, direct observation, and comparison of performance standards for drugs, equipment, system protocols and procedures. 1.1.8 Participate as appropriate in any other quality assurance program developed by the Department. 1.1.9 Possess a DEA registration, to provide controlled substances to the VILLAGE. DEA registration shall include the address at which controlled substances are stored. Proof of such registration shall be maintained on file with the VILLAGE and shall be readily available for inspection. The Village will forward aU renewal documents as received to Medical Director to assure continuous registration and will reimburse Medical Director for cost of such registration. 1.1.10 Ensure and certify that security procedures for medications, fluids and controlled substances are in compliance with Chapters 499 and 893, ~lorida Statues. and Chapter 64F-12. Florida Administrative Code. 2 .. 1.1.11 Assist and coordinate with the Fire Chief written operating procedures creating, authorizing and confirming adherence to rules and regulations regarding all aspects of the handling of medications, fluids and controlled substances. by the VILLAGE. 1.1.12 Notify the Department of Health in writing, when applicable, of each substitution by the VILLAGE of equipment or medication. 1.1.13 Assume direct responsibility for the use by an EMT of an automatic or semiautomatic defibrillator, the performance of esophageal intubation by an EMT; and on routine interfacility transports, the monitoring and maintenance of non-medicated IV's by an EMT. The Medical Director shall ensure that the EMT is trained to perform these procedures, shall establish written protocols for the penonnance of these procedures; and shall provide written evidence to the Department documenting compliance with provisions of this paragraph. 1.1.14 Review and approve a 3D-hour EMT refresher course. 1.1.15 Participate as a crewmember on an EMS vehicle for a minimum often (10) hours per year and complete a minimum of ten (10) hours per year of continuing medical education related to prehospital care or teaching or a combination of both. 1.1.16 Coordinate, approximately four (4) hours per month of in-service education to include classroom teaching and review of EMT and Paramedic perfonnance. ARTICLE 2 METIlOD OF PAYMENT 2.1 The VILLAGE agrees to pay the CONSULTANT as full compensation for the services described in Article I a fee of $21,000, to be paid to the CONSULTANT in twelve equal monthly installments of $1 ,750.00. The CONSULTANT shall be entitled to a fee increase of five percent (5%) annually, during the term of this Agreement and subsequent years if the Agreement is renewed under Article 6. This fee includes all costs and expenses of CONSULTANT. 2.2 The VILLAGE agrees that it will use its best efforts to pay the CONSULTANT within thirty (30) calendar days following the month in which the CONSUL TANTIS services are rendered. 3 ARTICLE 3 ". DEFINITIONS 3.1 t1Department" means the Department of Health and Rehabilitative Services. - 3.2- "Emergency medical technician" or "EMT" means a person who is certified by the department to perform basic life support. 3.3 "Medical direction" means direct supervision by a physician. through a two-way voice communication or, when such voice communication is unavailable, through established standing orders, pursuant to rules of the department. 3.4 "Medical Director" means a physician who is employed or contracted by a licensee and who provides medical supervision. including appropriate quality assurance but not including administrative and managerial functions, for daily operations ,and training. 3.5 "Paramedic" means a person who is certified by the Department to perform basic and advanced life support. 3.6 "Physician" means a practitioner who is licensed under the provisions of Chapter 458 or Chapter 459, Florida Statutes. 3.7 "Fire Department Physician" means a licensed doctor of medicine or osteopathy who has been designated by the fire department to provide professional ei'>.-pert in the areas of occupational safety and health as they relate to emergency services. 3.8 "Fire Chief' means the highest ranking officer in charge aftire rescue services. ARTICLE 4 CONSULTANT RESPONSIBILITIES 4.1 In accordance with Section 401.265, Florida Statutes, and Rule 64E-2.004, Florida Administrative Code, the Medical Director shall possesS' and maintain through the term of this Agreement a Florida license to practice medicine and shall maintain board certification in emergency medicine. 4.2 Dr. Sandra Schwemmer, D.O., FACOEP, FACEP is designated as the Medical Director! Fire Department Physician. The Medical Director shall designate an Associate Medical Director who shall be available if the Medical Director is on vacation. sick or otherwise unavailable. The Associate Medical Director shall be subject to prior approval by the Village Manager or his designee. 4 4.3 The Medical Director shall possess and maintain through the term. of this AGREEMENT current registration as a Medical Director with the U.S. Department of Justice, DEA, to provide controlled substances to the VILLAGE. A copy of the registration shall be provided to the VILLAGE priorto execution of this Agreement. 4.4 CONSULTANT shall maintain active participation in a regional or statewide physician group involved m-prehospital care. 4.5 The CONSULTANT shall perform such other duties and responsibilities as now are imposed or may be imposed during the tenn of this Agreement by Florida law, including but not limited to the applicable provisions of Chapters 252 and 401, Florida Statutes, and Rule 64E2, Florida Administrative Code, as may be amended from time to time. 4.6 InterfacilitvTransfers: CONSULTANT will develop BLS and ALS medical evaluation and treatment protocols and approve operating procedures as related to BLS and ALS interfacility patient transfers. CONSULTANT will provide training for EMTs related to monitoring BLS and ALS patients during interfacility transfers. CONSULTANT will develop a patient care quality assurance system for interfacility patient transfers. CONSULTANT is not responsible and asswnes no liability for the choice or appropriateness of the receiving facility. CONSULTANT is not responsible and asswnes no liability for the medical treatment provided to patients by physicians and/or other medical personnel at the sending and/or receiving facilities. CONSULTANT is not responsible and assumes no liability for any complications or negative patient outcome before, during or after the interfacility transfer. ARTICLE 5 VILLAGE'S RESPONSIBILITY 5.1 The VILLAGE shall assist the CONSULTANT by placing at hislher disposal all available information pertinent to the services to be performed by the CONS~TANT. 5.2 The VILLAGE shall provide for the CONSULTANT'S use during the term of this Agreement, a portable radio vvith MedCom channels, a digital pager and a Medical Director's identification badge, and appropriate secretarial support services as approved by the Fire Chief. ARTICLE 6 TERM 6.1 This Agreement shall commence on October 1, 2001, and shall continue through September 30, 2006, unless terminated earlier under Article 7. The VILLAGE shall have the option to renew this Agreement for two additional one year terms subject to the same terms and conditions, by providing the CONSULTANT with written notice to renew no less than thirty (30) days from the expiration date. S ARTICLE 7 TERMINA nON - 7.1 If through any cause the CONSULTANT fails to fulfill its obligations under this Agreement, the VILLAGE shall have the right to immediately tenninate this Agreement upon providing written notice to the CONSULTANT. 7.2 This Agreement may be tenninated by the VILLAGE without cause upon thirty (30) days written notice to the CONSULTANT. If the VILLAGE terminates without cause, the CONSULTANT shall be compensated for all services perfonned and approved by the VILLAGE prior to the termination date, provided that all property belonging to the VILLAGE is returned prior to release of final compensation to the CONStJ.LTANT. 7.3 The CONSULTANT acknowledges that the VILLAGE is a bona fide govenunental entity of the State of Florida vvith the VILLAGE'S fiscal year ending on September 30 of each calendar year. If the VILLAGE does not appropriate sufficient funds to purchase the services required under this Agreement for any of the VILLAGE'S fiscal years subsequent to the one in which the Agreement is executed and entered into, then this Agreement shall be terminated effective upon expiration of the fiscal year for which sufficient funds for the services provided for under this Agreement were last appropriated by the VILLAGE. The VILLAGE shall not, in this event, be obligated to pay for services beyond said fiscal year. ARTICLE 8 MISCELLANEOUS 8.1 Ownership of Documents /De live rabies. Any files, documents, studies, run reports, training curriculum and other data prepared by the CONS UL T ANT in connection with this Agreement are and shall remain the property of the VILLAGE, and shall be delivered to the VILLAGE no later than seven (7) days after termination of this Agreement. 8.2 No Contingent Fee. The CONSULTANT warrants that he/she has not employed or retained any company or person other than a bona fide employee or agent contractor working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other bona fide employee working solely for the CONSULTANT 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 this provision, the VILLAGE shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 6 ." 8.3 Policy on Non-Discrimination. The CONSULTANT shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex., age, marital status or national origin, physical or mental disability. 9.4 Independent Contractor. The CONSULTANT is an independent contractor under this Agreement. Personal services provided by the CONSULTANT shall be by employees/agents of the CONSULTANT and subject to supervision by the CONSULTANT, and not as officers, employees, or agents of the VILLAGE. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONSULTANT. 8.5 Assignment: Amendments 8.5.1 The parties recognize that the services contemplated by the CONSULTANT are of a unique and personal nature and as such this Agreement shall not be assigned, transferred or othernrise encwnbered, by the CONSULTANT, without the prior written consent of the VILLAGE. 8.5.2 It is further agreed that no renewal modification, amendment or alteration in the terms or conditions of the Agreement, shall be effective unless contained in a written document executed with the same fonnality as the Agreement. ARTICLE 9 INSURANCE 9.1 The CONSULTANT shall maintain in force and effect for the term of this Agreement the insurance described below. 9.1.1 Commercial and/or Comprehensive General Liabilitv. The CONSULTANT shall have minimum limits of $1,000,000.00, Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability This coverage shall include Premises and/or Operations, Broad Form Property Damage, Personal Injury, a Contractual Liability Endorsement, and, shall name the VILLAGE as an additional insured. The Village shall reimburse the Medical Director for any cost associated with section 9.1 1. 9.1.2 Professional Liability. The CONSULTANT shall provide insurance with minimum limits of $1,000,000.00 per occmence. The CONSULTANT shall be responsible for maintaining this professional liability insurance for a minimum of three years from the date of termination of this Contract. The Village shall reimburse the Medical Director for cost associated with the "tail" or extended reporting period for the three year period after the date of termination. The Professional Liability Insurance certificate must specify coverage for 'EMS oversight." 7 9.1.3 The CONSULTANT will provide certificate of such insurance to the VILLAGE contemporaneous with or prior to the execution by the VILLAGE of this Agreement, v,rhich reflects thirty (30) days notice of cancellation and/or restriction and which references this Agreement. The CONSULTANT 'Will be responsible for the payment of any deductible and/or self insured retentions in the event of a claim. 9.1.4 To the fullest extent pennitted by law, the CONSULTANT shall indemnify, defend and hold harmless the VILLAGE, its officials, agents, employees, and volunteers from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily sickness, diseases or death or damage or destruction of tangible personal property or loss of use resulting therefrom, arising out of any errors, omissions, misconduct or negligent acts of the CONSULTANT, its officials, agents, employees, volunteers or subcontractors in the performance of the services of the CONSULTANT under this Agreement. 9.1.5 Representative .of the VILLAGE. It is recognized that questions in the day-to-day conduct of this Agreement 'Will anse. The VILLAGE designates the Fire Chief or his designee, as the person to whom all communications pertaining to the day-to-day conduct of this Agreement shall be addressed. 9.1.6 All Prior Agreements Sutlerseded. This docwnent incorporates all negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms shall be predicated upon any prior representations or agreements, whether oral or written. 9.1. 7 Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified United States mail 'With return receipt requested addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: For the VILLAGE: William A. Wagner, III Office of the Fire Chief Department of Fire Rescue and Emergnecy Management P.O. Box 568 Islamorada, FL 33036 Telephone: (305) 664-2345 Facsimile: (305) 664-2399 8 With a copy to: ,- Nina L. Boniske. Esq. Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive. Suite 420 Miami, FL 33133 Telephone: (305) 854-080Cf Facsimile: (305) 854-2323 For the CONSULTANT: Dr. Sandra Schwemmer 160 Key Heights Drive Tavernier FL 33070 9.2 Consent to Jurisdiction. The parties irrevocably submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to the Agreement, and unanimously agree that all claims in respect of such action or proceeding may be heard and detennined in such court. Each party fuirther agrees that venue of any action to enforce this Agreement shall be in Monroe County, Florida. 9.3 Governing Law/Attorney's Fees. The parties agree that this Agreement shall be conmed in accordance with and governed by the laws of the State of Florida. If either the VILLAGE or the CONSULTANT is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses including but not bntited to court costs. and reasonable attorney's fees. 9.4 Headings. Headings are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 9.5 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Ageement The Exhibits, if not physically attached, should be treated as part of this Agreement. and are incorporated by reference. 9.6 Severability. If any provisions of this Agreement or its application to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreemnent, and the application of such provision to persons or situations other than those, as to which it shall have been invalid or unenforceable shall not be affected, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9 .. IN WTINESS WHEREOF. the parties have made and executed this Agreement on the respective dates under each signature: The VILLAGE. sigq.ing by and through its Mayor. authorized to execute same by the VILLAGE Council action on the l:llJJ day of :r;1 Lv. 2001. and by its duly authorized representative. I . ; CONSULTANT Witnesses: ~L. n-'" ~.t . L Gr ~ :3 ~ce.t;-(.-,--c " <...t .Li!-- Name: ,;:)a nc.kc::t c:...h (.,UO~ Print Name: De h h /.(. Nt.tl~C <. t' Title: ~, Date: "'1 /4 /0 / /lJ. t:{. ./dt/ v Print Name: dJ.. /1- S mil 10 BOARD OF COUNTY COMJvnSSIONERS AGENDAITEMSU~ARY Meeting Date: September 19, 2007 Division: Emergency Services Bulk Item: Yes - No 1L- Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of Renewal Agreement effective from October 1,2007 through September 30,2009, with Professional Emergency Services, Inc. to provide medical direction to Fire and Emergency Medical Services as required by Florida Statutes. ITEM BACKGROUND: On April 21, 2004, the Board of County Commissioners approved a contract with Professional Emergency Services, Inc. to be effective January 1,2004 and run through January 1, 2007 with the option to renew for two additional two (2) year periods. On November 15, 2006, the Board of County Commissioners approved an extension and Amendment number 1 to the existing contract extending the term through September 30,2007, amending Section 2 clarifying the type of ambulance covered, defining and identifying service segments and rate of compensation, changing the effective date of the payment increases to coincide with the beginning of the Fiscal Year, clarifying rules on vehicle usage, and adding Section 15 to incorporate medical director coverage for an added service, Air Ambulance. We are now requesting approval to exercise the renewal option for the first two-year period, commencing on October 1, 2007 and ending on September 30,2009. PREVIOUS RELEVANT BOCC ACTION: On November 15,2006, the Board of County Commissioners approved an extension and Amendment number 1 to the agreement with Professional Emergency Service Inc. to provide medical direction to Fire and Emergency Medical Services existing contract extending the term through September 30,2007, amending Section 2 clarifying the type of ambulance covered, defining and identifying service segments and rate of compensation, changing the effective date of the payment increases to coincide with the beginning of the Fiscal Year, clarifying rules on vehicle usage, and adding Section 15 to incorporate medical director coverage for an added service, Air Ambulance. On April 21,2004, the Board of County Commissioners approved a contract with Professional Emergency Services, Inc. to be effective January 1,2004 and run through January 1, 2007 with renewable options thereafter at the option of the County for two additional two (2) year periods. CONTRACT/AGREEMENT CHANGES: Contract will be extended and the new expiration date will be September 30, 2009. STAFF RECOMMENDATIONS: All conditions of the contract have been met and services provided have been satisfactory. Staff recommends renewing as the contract allows. TOTAL COST: FY 08-$85.711.00/ FY 09- $88.496.00 BUDGETED: Yes -1L No - FY08- Ground: $55.711.00 ( 11500-$31.401.00/ 13001 - $24.310.00) Air: $30,000.00 (1 1001-$30.000.00) FY09- Ground: $58.496.00 (I 1500-$32.970.00 /13001 - $25,526.00) Air: $30,000.00 01001-$30,000.00) COST TO COUNTY: See above SOURCE OF FUNDS: Ad Valorem Tax REVENUE PRODUCING: Yes - No-X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ,/ OMB/Purchasing ~ Risk Management ....--- DOCUMENTATION: Included ~ Not Required _ DISPOSITION: AGENDA ITEM # Revised 8/06 ~ . J cJ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Professional Emergency Contract # Services, Inc. Effective Date: 10/01/2007 Expiration Date: 09/3012009 Contract Purpose/Description: Renewal of agreement dated 1/1/2004 for medical direction to Fire and Emergency Medical Services as required by Florida Statutes. Contract Manager: Camille Dubroff 6010 Emergency Services / StoP 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/19/2007 Agenda Deadline: 09/04/2007 CONTRACT COSTS Total Dollar Value of Contract: $ FY 08- $85,711.00 Current Year FY 09 - $88,496.00 Portion: $ Budgeted? Yes!XI NoD Account Codes: 11500- FY 08-$31,401.00 I FY 09 - $32,970.00 Grant: $ 13001- FY 08-$24.310.00 I FY 09 - $25.526.00 County Match: $ 11001- FY 08-$30.000.00 I FY 09- $30,000.00 - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~ Division Director 8 -'3~1I7 YesONo l {f-J-rJ7 Risk Mana~me~ V8jDl YesONolIf ~ \~ ~~ Y~'DNO~~ O.M.B./Purchasing County Attorney #9 YesO No[1Y' Comments: OMB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT This AGREEMENT dated the day of , 2007, by and between the Board of County Commissioners of Monroe County, Florida, hereinafter called the "District" and Professional Emergency Services, Inc., hereinafter called the "Contractor". WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated January 1, 2004 for I?edical direction to Fire and Emergency Medical Services as required by Florida Statutes; and WHEREAS, said agreement provided an option to the District to renew the contract for two additional two year terms; and WHEREAS, the DISTRICT has elected to exercise said first two (2) year renewal option for the continuation of ground and air medical direction; now therefore IN CONSIDERATION of the mutual convenants and obligations contained herein, the parties agree as follows: 1. The District elects to renew the contract for an additional two years pursuant to paragraph 1 of the agreement dated January 1,2004 and Extended and Amended on November 15,2006. 2. The effective date of this amendment is October 1, 2007 and shall extend through September 30,2009, under the same terms and conditions of the contract dated January 1, 2004 and the Extension and Amendment Number 1 dated November 15,2006. 3. Compensation for Ground Ambulance for Fiscal Year 2008 shall be increased on October 1, 2007 and paid at a rate of $5,064.64 per service segment per year. Currently there are 11 service segments computing to $55,711.00 annually or $4,642.58 monthly. 4. Compensation for Ground Ambulance Fiscal year 2009 shall be increased on October 1, 2008 and paid at a rate of $5,317.82 per service segment per year. Currently there are 11 service segments computing at $58,496.00 annually or $4,874.67 monthly. 5. Compensation for Air Ambulance medical direction for both Fiscal Year 2008 and 2009 shall be paid at a current rate of $82.19 per day and shall be calculated using the number of days that the Air Ambulance is in-service and shall not include days when it was out of service, up to a maximum of $30,000 per year. (Maximum annual amount = $30,000; maximum monthly amount $2,500). 6. All other terms and conditions of the contract, extensions and amendments shall remain in full force and effect. Attest: DANNY L KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Mayor/Chairman - WITNESS: ~J{!X/ A orized Repres MONROE COUNTY ATTORNEY OVED~kr~ UZANNE f ION natb COUJIDn,NEY EXTENSION AND AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND PROFESSIONAL EMERGENCY SERVICES, INC. This Extension and Amendment Number 1 (hAmendment I") is made and entered into this j5+h day of Nn'/. , 2006, by and between Monroe County, Florida, a political subdivision of the State of Florida ("COUNTY") and Professional Emergency Services, Inc., a corporation organized and doing business in the State of Florida ("MEDICAL DIRECTOR"). WITNESSETH: WHEREAS, the parties hereto entered into an agreement dated April 21, 2004 ("Agreement") to provide medical direction to Fire and Emergency Medical Services as required by Florida Statutes; and WHEREAS, said Agreement provided an option under Section Iw Term, for the COUNTY to renew the Agreement for additional periods without going out for a Request for Qualifications or other proposal; and WHEREAS, since the Agreement was executed, the Key Largo Fire and Ambulance District, an independent special district not under the jurisdiction of the County was created, removing some of the COUNTY'S and MEDICAL DIRECTOR'S area ofresponsibility; and '" WHEREAS, the parties desire to amend the Agreement in order to clarify ie tiPe ~m~ance covered, define and identify service segments, and change the termination date of the ~e~o c~cide with the fiscal year; and fTl ~ -< ~ -fl ("'). r 0 C) n :.._ -.J :;:'1;) WHEREAS, the parties desire to add Section 15 to the Agreement to incorpififffe:~meffi6al director .. 1,- ::J: Pl coverage for an added service, Air Ambulance; :.:' ~.~ .'~; N g :~ ~~-l .. -.'J ! pOl 0 C, NOW, THEREFORE, the parties agree as follows: "?' (:) 1. Paragraph 1 of the Agreement shall read as follows: 1. Term This Contract shall become effective on January 1, 2004 and shall fun through September 30, 2007, and shall be renewable thereafter at the option of the COUNTY for two additional two (2) year periods. 2. The Agreement shall be amended in Section 2 as follows: 2. Compensation - Ground Ambulance (a) The MEDICAL DIRECTOR shall be paid at a current rate of $4,823.45 per service segment per year. Currently there are 11 service segments computing to $53,058.00 annually or $4,421.50 monthly. This amount may change during the year if segments are added or deleted. Payments shall be made monthly in arrears by the COUNT'.{ pursuant to the Florida Local Government Prompt Payment Act after receipt of proper invoice by the MEDICAL DIRECTOR. A service segment is defined as an entity providing service at a specific station. The following table identifies service segments currently covered: Station Volunteer Career Service Fire Fire Rescue Segments 8 1 1 9 1 - 2 1 10 1 1 11 1 1 13 1 1 2 17 1 1 18 1 1 22 1 1 2 Totals: 5 6 11 (b) The rate of payment per service segment shall be increased five percent (5%) annually on October 1st during the term of this contract and subsequent extensions or renewals. * * * * * (g) MEDICAL DIRECTOR shall be provided one county vehicle including cost of gasoline, repairs, insurance, and other operational costs, to use for travel within the County. Use of the vehicle out of county must be approved by the MCFR Chief and/or County Administrator, All other terms and conditions of this section 2 shall remain in full force and effect. 3. Section 15 - Air Ambulance shall be added to the Agreement as follows: Section 15- Air Ambulance 15.1 General Back2round Prior to October I, 2006, the Monroe County Sheriff ("Sheriff') operated an air ambulance service by helicopter at no charge to patients. MEDICAL DIRECTOR provided services to COUNTY to enable COUNTY'S EMS personnel to provide air medical services. Sheriff has purchased and has made arrangements to provide air ambulance services for trauma and for inter-facility transfers using COUNTY'S emergency persormel pursuant to an agreement dated July 19, 2006, with Monroe County, Sheriff, and Global Sky Aircharter Corporation for which payment may be requested from the patient and/or the requesting facility. Emergency Medical Service operations require the helicopter to have a license to operate in the State of Florida as an Air Ambulance, pursuant to Chapter ME-2.00S, F.A.C., and such operations require the COUNTY to employ or contract with a qualified MEDICAL DIRECTOR in order to provide air medical services pursuant to Chapter 64E-2.004(1), F.A.C. 15.2 Scope of Work MEDICAL DIRECTOR shall perform the services described in Chapter 64E~2.004, and 2.005 specific to Air Medical Direction. adequate administrative support services by the COUNTY in order to perform the above duties and any other reports/consultations as may be required from time to time. Such administrative support will include use of office space, file cabinets, fax and copy machine, secretarial assistant services and one Paramedic to be chosen by Monroe County Fire Rescue Fire Chief and MEDICAL DIRECTOR to act as Liaison/Chief of the Air Medical Program. 15.6 Insurance County will assure that this service is included in the insurance to be provided under the Agreement. In all other respects, the provisions of the contract between the parties dated April 21, 2004, not inconsistent herewith shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Amendment 1 to be executed the day and the year first above written. ?~~ dr~c _,.I !~~ ~ r '. ..< .', '~-"..~ ~ -.-,-:;" :,;.:.----~....:..:..::!." t:'i' t" ,,. -0' \ I":;'!''i> (l~ ",; /~~." , r ' c'(, '.-'~ Board of County Commissioners, Monroe County, FL . ,.,., . "-' ...t :'. ,. 'Sc;' "~ ~ ' ". //'~ \.:',: ,/; . " ,. '. . i!Y ~ ~c\-~< \. ~ " . '-" '.;c-:.' !1. \. '<-ziP ,. .f ~ '.- ,"",.::>:' ~ By: ~~::.:;-ro. ~ ., ~o"'f\~ C"\'\~c~ '."J:~..... Mayor/Chairman , Date: l \ - \ '5 - o(c ATTEST: Danny L. Kolhage, Clerk By: .~ Sandra Schytem er, D.O., FACOEP, FACEP Professional Emergency Services, IOC~ Date: 77- J f 10 (P .' .b,/.>Iv~ / f - 0 - lu <4 c..::. .. t.:J -i a - ~.,. L~_ (..., - :(:':J.-.,:~ MONROE COUNTY ATTORNEY l~; :J!: .)Ul-- C.: <t ~~~c.2~ APPRO 0 AS TQ FORM: 0:: ,..... _L. -__, C.:l .'-'c;. lJ._ , _-.1 -u sua M. GRIMSLEY C" (..j ;>-::'::w ~ ~-io ASSISTA~T COUNTY~TTORNEY u.J Q :2(..)0::: -' <t: z 0-- 3/- (/1 Li: -.&:) Oate . C:::l c::l a <<:::) L c-... . Medical Director/Fire Department Physician Contract THIS CONTRACT, made and entered into this 21stdayof April, 2004, by and between the Board of County Commissioners of Monroe County, Florida, hereinafter referred to as the "CQUN7Y," and PROFESSIONAL EMf;RGENCY SERVICES, INC" hereInafter referred to as the " MEDICAL DIRECTOR". WITNESSETH: WHEREAS. the COUNTY provides fire and/or emergency medical services purslfant to Chapter 401, Florida Statutes, in the following geographic areas: Cow Key Channel (mm 4) to the south end of the Seven Mile Bridge, also known as the Lower Keys Fire and Ambulance District, and from Tavernier Creek Bridge (mm90.5) to South Bay Harbor Drive and Lobster Lane (mm95); and South Bay Harbor Drive and Lobster Lane (mm95) to the Dade County Line on US 1 (mm113) and north on SR 905 to the Intersection of Card Sound Road, Municipal Service taxing District 6, in regards to Key Largo Volunteer Fire Department; and WHEREAS, the COUNTY is required to employ or contract with a MEDICAL DIRECTOR who shall be a Florida licensed physician, Board Certified In Emergency Medicine with added qualification in EMS and pre~hospltal care experience, or corporation which employs or contracts with similarly qualified physicians; and WHEREAS, the COUNTY has determined it to be in the best interest of the residents of and visitors to Monroe County to contract with a MEDICAL DIRECTOR for the purpose of providing direction to the Fire and Emergency Medical Services; and WHEREAS. the MEDICAL DIRECTOR desires to provide professional services according to the terms and conditions stated herein. NOW THEREFORE. in consideration of the mutual understandings and agreements set forth herein, the COUNTY and MEDICAL DIRECTOR agree as follows: 1. Term. This Contract shall become effective on January 1, 2004, and shall run through January 1, 2007, and shall be renewable thereafter at the option of the COUNTY for two additional two (2). year periods. 2. CamDen.atton (a) The MEDICAL DIRECTOR shall be paid an annual fee of fifty thousand dollars ($50,000.00). Upon receipt of a proper invoice, the County shall pay the annual fee In twelve monthly installments, pursuant to the Florida Prompt Payment Act. The annual fee may be revised based upon future modifications to the provision of Fire and EMS services through a wriUen amendment. (b) Payment shall increase five percent (5%) per annum during the term of this Contract and subsequent renewals. (e) Professional selVicesreqlJes~ed beyond the scope of' thIs Contract will be Invoiced separately at a rate of $250.00/hO'ur and will be approved in advance by the MCFR Fire Chief and/or County Administrator. (d) Monroe County's performance and obligation to pay under thIs contract is contingent upon an annual appropriation by the Board of County Commissioners. (e) Invoices received from MEDICAl DIRECTOR shall be reviewed and approved by the County Fire Rescue Chief or his designee, indicating that services have been rendered in conformity with the Agreement and then will be sent to the Finance Department for payment. Invoices must reference this Agreement and will be paid in accordance with the State of Florida Prompt Payment Act. (f) In order for both parties to close their books and records, MEDICAL DIRECTOR clearly state "FINAL INVOICE" on the MEDICAL DIRECTOR's final and last billing to COUNTY. This certifies that all services have been properly performed and all charges and costs have been invoiced to Monroe COUNTY. Since this account will thereupon be closed, any and other future Charges if not properly included in this final Invoice are waived by the MEDICAL DIRECTOR. g) MEDICAL DIRECTOR will be provided a county vehicle, Including cost of gasoline, repairs, insurance, and other operational costs, to use for travel within the County. Use of the vehicle out of county will be approved by the MCFR Chief and/or County Administrator. h) Nothing in this agreement prohibits the MEDICAL DIRECTOR from billing any third party for medical services rendered outside the scope of this agreement that may arise during or after the term of this agreement. 3. Puro011lo. The purpose of this Contract is to assure compliance of the COUNTY in Medical Direction of its Fire and Emergency Medical Services System. 4. Outlss and RssDOnsiblllties. (a) The MEDICAL DIRECTOR shall be responsible to Monroe County Fire Rescue and report directly to the Fire Chief and County Administrator. (b) The MEDICAL DIRECTOR shall adhere to the responsibilities as set for the in FlorIda Statutes 401, Florida Administrative Code 64E-2.004, Medical Direction. These include supervising and assuming direct responsibility for the medical performance of the Emergency Medical Technicians, and Paramedics employed by Monroe County Fire Rescue hereinafter MCFR). (c) The MEDICAL DIRECTOR shall be knowledgeable of the standards as set by National Fire Protection Ass~latlon Standard #1582. (d) The MEDICAL DIRECTOR shall coordinate and approve all formal training which will allow each Monroe County EMT, and Paramedic to fulfill the continuing education requirements for biannual certification in the State of Florida. The MEDICAL DIRECTOR shall meet annually with the MCFR Chief. or designee, to review the Educational Program for C<lntent, location and dates. {e) The MEDICAL DIRECTOR will be available for consulting and advising on all EMS and Fire activities undertaken by the career and volunteer emergency response departments of Monroe County as req"uested by the County and authorized by the MCFR Chief or County Administrator. (f) The MEDICAL DIRECTOR shall be available 24 hr/day, 365 days/year for emergency consultation with MCFR personnel. He/she shall carry a pager and/or radi%r other communication device, said equipment to be provided by the County. HeJshe shall respond in a timely manner to any pages from MCFR. In the event the MEDICAL DIRECTOR is unavailable. he/she shall appoint a similarly qualified physician to cover all responsibilities. (g) This Agreement is a personal services contract based on the qualifications of Sandra Schwemmer, D.O., FACOEP. FACEP, and the services required hereunder shall be performed by Dr. Schwemmer or under her supervision. Any additional personnel necessary for the fulfillment of the services required under this Agreement shall be secured at MEDICAL DIRECTOR's sole expense, and such personnel shall be fully qualified and, If required, authorized or permitted under State and local law to perform such services. 5. Protocols The MEDICAl DIRECTOR shall provide an annual review of the pre-hospital treatment protocols and when necessary, the MCFR Chief and the Medical Director shall jointly approve each protocol revision prior to implementation. These protocols shall be developed with consideration of the fiscal impact of such protocols on the participating agencies and citizens of Monroe County, Florida. MEDICAL DIRECTOR shall develop and revise when necessary Trauma Transport Protocols (TIP's) for submission to the Department of Health, Bureau of EMS, for approval. All EMT's and Paramedics will be trained in the use of the trauma scorecard methodologies as provided In Rule 64E-2.017, F.A.C., for adult trauma patients and Rule 64E-2.0175, F,AC., for pediatric trauma patients. COUNTY will provide such secretarial and administrative assistance as necessary for the production and dtstrIbutlon of such protocols. 6. OEA Certlfictt! MEDICAL DIRECTOR shall procure on behalf of Monroe County Fire Rescue a OEA registratIon in order to provide medications and controlled substances to the COUNTY. DEA registration shall Include the address at which controlled substances are stored. Proof of such registration shall be maintained on file with MCFR and shall be readtly available for inspection. MCFR will forward all renewal documents as received from the Dept. of Justice. DEA. to the MEDICAL DIRECTOR to assure continuous regtstratlon and will reimburse MEDICAl DIRECTOR for the cost of such registration. 7. Quality Assurance The MEDICAL DIRECTOR shall establish a quality assurance system to provide for process of quality review of all emergency medical technicians and paramedics operating under hlslher medicallicanse and supervision. The Medical Director and/or each appOintee of MEDICAL DIRECTOR'S staff shall audit the perfonnance of MCFR personnel by use of a quality assurance program to include but not limited to a prompt review of patient care records, dIrect observation, and comparison of perfonnanca standards for drugs, equipment, system protocols and procedures. Administrative assIstance with regard to data collection, report production and distribution will be provided by the COUNTY. 8. local Dtsaster,! In the event of a local disaster or Impending emergency situation with the possIbility of multiple casualttes. the MEDICAL DIRECTOR or appointee shall be available for emergency consultation. 9. Cost Containment/Eaulpment & Procedures The MEDICAL DIRECTOR shall periodically review all pOlicies and procedures for cost effectiveness. Providing state of the art fire and emergency medical selVlces to the cItizens of Monroe County in the most cost effective manner shall be a top priority of the MEDICAL DIRECTOR. The MEDICAL DIRECTOR will constllt and advise on all medical equipment to be carried and utilized by a participating volunteer fire department and/or any other emergency response agency. 10. InfscUous Exposure POllcv The MEDICAL DIRECTOR shall assist in developing an infectious disease exposure polley that complies with State and Federal OSHA requirements. The MEDICAL DIRECTOR shall assure that a comprehensive plan exists for prompt medical review of all pOSSible Infectious exposures reported by MCFR personnel and members of the participatIng volunteer fire departments, and for post-exposure medical follow-up when indicated. The MEDICAL DIRECTOR shall be available 24hr/day, 365 days of the year for consultation with field personnel who have had any infectious or potential Infectious exposure. 11. Stats Involvemenl The MEDICAL DIRECTOR shall become involved in the Florida Association of EMS Medical Directors. The COUNTY shall reimburse MEDICAL DIRECTOR for costs of such memberships, and any other recommended or required association membership dues as requIred by the COUNTY. MEDICAL DIRECTOR will attend EMS meetings as recommended and approved by the MCFR Chief. Such cost of attendance at such meetings will be reimbursed by the COUNTY. 12. Insurance The COUNTY shall maintain In full force and effect for the term of thIs Contract, and any subsequent renewals, professIonal and general liability insurance with minimum limits of $1,000,000.00 per occurrence. The COUNTY shall be responsible for maintaining this professional liabifity insurance for a minImum of three years from the date of termination if this Contract. The Professional and General Liability certificate will specify coverage for uEMS oversight/medical direction". The COUNTY will provide certificate or proof of such Insurance to the MEDICAL DIRECTOR on an annual basis. MEotCAL DIRECTOR will be provided thirty (30) days notice of cancellation, change In policy limits, and/or any restrictions placed on coverage of the insurance provided by the COUNTY during the. term of this CONTRACT. The COUNTY wiJI be responsible for the payment of any deductible andlor self~insured retention in the event of a claim. 13. Termination. 1U Earty termination may occur as follows: (a) This Contract may be terminated by the MEDICAL DIRECTOR, with or without cause, upon not less than ninety (90) days written notice delivered to the COUNTY. (b) The COUNTY may terminate this Contract in whole or In part and without cause, upon not less than ninety (90) days written noUce, delivered to the MEDICAL DIRECTOR. (c) The COUNTY may terminate this Contract immediately in the event that MEDICAL DIRECTOR fails to fulflU any of the terms, understandings or covenants of this Contract W . At such time as this agreement is terminated, whether at the natural ending date or at an earlier tIme under paragraph 13.1 above, the MEDICAL DIRECTOR shall: (a) Stop work on the date and to the extent specified. (b) Tennlnate and settle all orders and subcontracts relating to the perfonnance of the work. (c) Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. (d) Continue and complete all parts of that work which have not been terminated, if any. 14. GENERAL PROVISIONS. 14.1 Amendments and Asslanments. No amendment or assignment of this Agreement shall be valid without the prior written consent from the County, 14.2 EnUre Aareement. The entire agreement between the parties with respect to the subject matter hereof Is contained in this Agreement, the Request for Qualifications and response thereto. Unless contradicted by the terms of this agreement, the partIes shall be bound by the provisions of the RFQ alid Response. To the extent the RFQ and response are contradicted by the language in this Agreement, this Agreement supersedes all prior oral and written proposals and communications related to this Agreement between the parties. No provision of this Agreement shall be deemed waived, amended or modIfied by either party unless such waiver, amendment or modificatIon is in wrltfng and signed by the party against whom the waiver. amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 14.3 Severability. If any term, covenant, condition or provision of this Agreement 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 prov/slon of this Agreement shall be valid and shall be enforceable to the fullest extant permitted by law unless the enforcement of the remaining terms, covenants, conditions and provision of this Agreement would prevent the accomplishment of the original Intent of this Agreement. The parties agree to refonn the Agreement to replace any stricken prOVision with a vaHd provIsion that comes as close as possible to the Intent of the stricken provision. 14.4 CaDtlon~. The captions set forth hereIn are for convenience of reference only and shaH not define, modify. or limit any of the terms hereof. 14.5 Governlna Law and Venue, This Agreement shall be governed by and construed In accordance with the laws of the State of Florida. Venue for any legal actIon which may arise out of or under thls agreement shall be In Monroe County, Florida. 14.5.1 Conflicts in interoretatioQ. The parties agree that, /n the event of conflicting interpretations of the terms or a term of this Agreement by or between them, the issue shall be submitted to mediation prior to the institution of any other legal proceeding. 14.5.2 Adludicatlon of DlsDutes and plsaareements. The parties agree that aU disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of the parties. If no resolution can be agreed withIn thirty (30) days after the first meet and confer session, the issue or fssues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are stilt not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief as may be provided by this Agreement or by Florida law. 14.5.3 Coooeration. In the event any administrative or legal proceeding is Instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the parties 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. The parties agree that neither party shalt be required to enter Into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement 14.5.4 Leoal Obliaations and Resoonslbllltl~s; Non--deleaation of Constitutional or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, any party from any obligation or responsibility imposed upon the party by law except to the extent of actual and timely performance thereof by the other party, in which case the performance may be offered In satisfaction of the obligation or responsibility. Further this Agreement Is not Intended to authorize, nor shall it be construed as authorizing, the delegation of the constItutional or statutory duties of the County, except to the extent permitted by the Florida Constitution. state statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. 14.6 Attornev's FeGs and C08W. In the event any cause of action is Initiated or defended by any party relative to the enforcement or interpretation of thIs Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, Investigative, and out-of-pocket expenses, as an award agaInst the non-prevailing party, and shall include reasonable attorney's fees, court costs, Investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings Initiated and conducted pursuant to thIs Agreement shall be In accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 14.7 Records. MEDICAL DIRECTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement In accordance with generally accepted accounting princIples. Upon ten (10) business days written notice to the other party, representatives of either party shall have access, at all reasonable times, to all the other parl:y's books,records, correspondence, instructions, receIpts, vouchers and memoranda (eXCluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. MEDICAL DIRECTOR shall retain all records required to be kept under this agreement for a minimum of fIVe years, and for at least four years after the termination of this agreement. Storage of medical records required by Federal or State statute in excess of the times stated herein and subsequent to the tennlnatlon of this Agreement shall be revisited by the parties at such time as any transition period is established to accommodate the termination of this Agreement. MEDICAL DIRECTOR shall keep such records as are necessary to document the provision of services under this agreement and expenses as incurred, and give access to these records at the request of the County, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of MEDICAL DIRECTOR to maintain appropriate records to insure a proper accounting of all collections and remittances. MEDICAl DIRECTOR shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. 14.7.1 Public Access. The parties shall allow and permit reasonable access to and inspection of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or received by the parties, unless specifically exempted by State or pre-emptive Federal Statute. 14.8 Ethics Clause. MEDICAL DIRECTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any Coun%fficer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at Its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. County employees and officers are required to comply with the standards of conduct 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 of certain information. 14.9 Authority. MEDICAL DIRECTOR warrants that he or she Is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for MEDICAL DIRECTOR below certifies and warrants that the Contractors name in this agreement is the full name as designated In its corporate; they are empowered to act and contract for MEDICAL DIRECTOR, and this agreement has been approved by the Board of Directors of MEDICAL DIRECTOR or other appropriate authority. 14.10 Pu~llc EntIty Crl1'l!9 Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for publiC entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bfd on a agreement with a public entity for the construction or repair of a public building or public work. may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sUb-contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14.11 Antl~klckback. The Grantee warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consIderation, the full amount of such commission, percentage, brokerage or contingent fee. 14.12 Modifications and Ameodmen1~. Any and all modifications of the terms of this agreement shall be only amended in writing and executed by the Board of County Commlssloners for Monroe County and MEDICAL DIRECTOR. 14.13 IndeDende"t Contractor. At all times and for all purposes hereunder, MEDICAL DIRECTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained In this agreement shall be construed as to find MEDICAL DIRECTOR or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 14.14 ComDllance with Law. In carrying out its obligations under this agreement, MEDICAL DIRECTOR shall abide by alf statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to MEDICAL DIRECTOR. 14.15 Licensing and Permits. MEDICAL DIRECTOR shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 14.16 Non-Discrimination. MEDICAl: DIRECTOR shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, dIsability, national origin. ancestry, sexual orientation, gender Identity or expression, familial status or age, and shall abide by all federal and state laws regarding non-dlscrimlnation. Upon a determination by a court of competent jurlsdictlon that such dIscrimination has occurred, this Agreement automatically terminates without any further action by the County. effective the date of the court order. 14.17 Claims for State or Federal Aid, The parties agree that each shall be, and is, empowered to appiy for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests. grant proposals. and funding solicitations shall be approved by each party prior to submission. and which approval shall not be unreasonable withheld. 14.18 Non-Reliance bv Non..partles. 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 parties agree that neither the County nor MEDICAL DIRECTOR or any officer, agent, or employee of each shaH 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 under thIs Agreement. 14.19 Attestations. MEDICAL DIRECTOR agrees to execute such documents as the County may reasonable require, Including a Drug-Free Workplace Statement, and a Public: Entity Crime Statement. 14.20SIQnaturos of Parties Required. THIS AGREEMENT SHAlL NOT BE EFFECTIVE UNTIL EXECUTED BY BOTH PARTIES AND RECEIVED IN FINAL EXECUTED FORM BY AN AUTHORIZED REPRESENTATIVE OF MEDICAL DIRECTOR AT ITS PRINCIPAL PLACE OF BUSINESS. 14.21 County Authority. By execution hereof the signer below hereby certifies that signer Is duly authorized to execute this Agreement on behalf of the Court. 14.22 No Personal L1abllltv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer. agent or employee of the Board Of County Commissioners of Monroe County in his or her individual capacity and no member. officer, agent or employee of the Board Of County Commissioners of Monroe County shall be liable personally on this Agreement or be subject to any personal Iiabifity or accountability by reason of the execution of this Agreement. 14.23 Execution In CountorDarts. 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. MEDICAL DIRECTOR'S signature on this Agreement shall act as the executlon of the truth-ln~negotiatlon certificate certifying that wage rates and costs used to determine the compensation provided under this Agreement are accurate, complete and current as of the date of the Agreement, and are no higher than those charged the MEDICAL DIRECTOR'S most favored customer for the same or substantially similar service. 14.24 Truth In Neaotlatlc)n Certificate. Signature of this Agreement by MEDICAL DIRECTOR shall act as the execution of the truth-In-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided In this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Mfj:DICAL DIRECTOR's most favored customer for the same or substantially similar service. 14.25 Federal and State Tax. The COUNTY is exempt from payment of Florida State Use and Sales Taxes. The COUNTY will sign an exemption certificate submitted by MEDICAL DIRECTOR. The MEDICAL DIRECTOR will not be exempted from paying state sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the MEDICAL DIRECTOR authorized to use the County's Tax Exemption Number in securing such materials. 14.26 Notice. All notices required in this Agreement shall be sent by man, return receipt requested, and shall be sent to the followIng: For MEDICAL DIRECTOR: For COUNTY1 Sandra Schemmer, D.O., FACOEP,FACEP Clark Martin, Fire Chief 160 Key Hei2hts Drive 490 63n:! Street (Ocean) Tavernier~ FL 33037 Marathon, FI. 33050 and Richard Collins. County Attorney P.O. Box 1026 Key West, FI. 33041-1026 ~ ~4. IN WIJ~ES~ WHEREOF. the parties hereto have caused this MEDICAL DIRECTOR Contract to be ex6C~ted.the day and year first above written. (SEAL) Board of County CommIssioners of Mm;IOrida . OE COUNTY AHORNEY i. . ~ Oep Clerk ~~ DAVID P. RICE VICE-CHAIRMAN UZANNE A. HUTTON ~d.. ~ C1T?l'SSISTAN~)~~RNEfrofesslon Witness / ~ Q ^-Lt 2rlw~ Sa d Schwemmer, D,O.. FACOEP ,FACEP Witness , LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010.1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE PROFESSIONAL EMERGENCY SERVICES J INC warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any COlmty officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former C / (signature) 6#tbf Date: STATE OF \=- \O( ; c\A COUNTY OF Y~\M bf:Ar,h PERSONALLY APPEARED BEFORE ME, the undersigned authority, 5et-tl\~ S ~-I- who, after first being sworn by me, affixed hi~ signature (name of individual signing) in the space provided above on this It 1~. day of \f\~ ,20.QhL. \ ~v\.L.u...t. ? 00. ^ )(x..~ NOTARY PUBUC My commission expires: -f..,,-t ~ Terenla Edwal'l1s OMB . MCP FORM #4 \'>>1.. . My CommiSSion DD12nZ4 o. r..'.I Expires June 20. 2008 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods. or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. " BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date September 19 , 2007 Division: Emergency Services Bulk Item: Yes ---L No - Department: Emergency Management Staff Contact Person: Jerald O'Cathey AGENDA ITEM WORDING: Approval for the BOCC to enter into an Interlocal Agreement (ll..A) with the Monroe County School Board (MCSB), to provide payment for the cost of Enhanced Hurricane Protection Area Upgrade cost for Poinciana Elementary School to enable the use of the school facility as a hurricane shelter and Refuge of Last Resort. ITEM BACKGROUND: EHP A Criteria included in the design of new Poinciana Elementary School and Gross Maximum Price (GMP): EHPA Envelope: 16,000 sf - Cafeteria, Administration, Music and Are rooms, EHP A Capacity: 600; EHP A manager's Office: Receptionist's area. PREVIOUS RELEVANT BOCC ACTION: On October 24, 2004, Commissioner Rice discussed entering into negotiations with the MCSD regarding proposed construction of new schools currently in the planning stages to possibly include the requirements to enable use of the school facilities as hurricane shelters. On May 18, 2005, the BOCC passed a motion granting approval of funding in an amount not to exceed $200,000 for enhanced hurricane protection area upgrades at Poinciana Elementary. The upgrades were constructed at a cost of $135,927.75, and the Monroe County School Board has now requested reimbursement. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Acceptance: It is appropriate to accept the Monroe County School Board Interlocal Agreement. The funds were included in and will be paid from the FY 2008 budget. TOTAL COST: $ 135,927.75 BUDGETED: Yes X No - COST TO COUNTY: $ 135,927.75 SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes_ No ~OUNTPERMONTH_ Year APPROVED BY: County Atty # 0 !Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MC School Board Contract#_ Effective Date: September 19, 2007 Expiration Date: None Contract PurposelDescription: Re uest BOCC a roval to enter into an Interlocal Aareement with the MCSB to reimburse MCSB for Enhanced Hurricane Protection Area U radin of the Poinciana Elementar School for u oses of enablin this facility's use as a hurricane shelter and refu ae of last resort. Contract Manager: Jerald L. O'Cathey 6012 14 (N ame) (Ext.) (Department/Stop #) Agenda Deadline: Se tember 4, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ $ Current Year Portion: $ $ 135,927.75 135,927.75 Budgeted? YesD No~ Account Codes: 001-04537-530340-_-_ Grant: $ - - - - - - - - ............... County Match: $ 0 - - - - ----- - - - - ------ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes p~~ Date Out Date In Needed Division Director 9'}..-o 7 YesD No[2J Risk Management Cfl-{. vI) YesD Nolli {1tlQJu1fb0 O.M.BJPurchasing '1!LtIO'f-YesD Noopl ~ County Attorney ~:r YesD No[] . 1. ~ Comments: OMB Form Revised 2/27/01 Mep #2 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into this _ day of , 2007, by and between the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida (hereinafter "COUNTY"), whose address is 1100 Simonton Street, Key West, FL 33040, and the School Board of Monroe County ("SCHOOL BOARD"), as the contracting agent for the School District of Monroe County, a public agency of the State of Florida, whose address is 241 Trumbo Road, Key West, FL 33040. WITNESSETH: WHEREAS, COUNTY is authorized by Section 125.01(1)(p), F.S. to enter into agreements with other governmental agencies within or outside the boundaries for joint performance, or for performance by one unit in behalf of the other, of any of either agency's authorized functions; and WHEREAS, COUNTY is authorized by Section 252.38, F.S. to appropriate and expend funds, make contracts, provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; and WHEREAS, SCHOOL BOARD is authorized by Section 1013.10, F.S. to permit the use of school grounds for community use centers; and WHEREAS, the parties are authorized by the Florida Interlocal Cooperation Act, Section 163.10, F.S. to enter into an interlocal agreement to carry out their independent powers; and WHEREAS, it is in the best interests of the citizens of Monroe County, Florida, that local school facilities under construction or in the planning stages be constructed in such a way as to allow the facilities to be used as hurricane shelters; and WHEREAS, the parties now desire to enter into an interlocal agreement pursuant to which COUNTY will reimburse SCHOOL BOARD for enhanced hurricane protection area (EHP A) upgrade costs. NOW THEREFORE, COUNTY and SCHOOL BOARD, through their respective elected governing bodies, and in consideration of the mutual promises and covenants herein contained, hereby agree as follows: 1 Section 1. Services. In or about October 2006, SCHOOL DISTRICT directed the general contractor in charge of construction for new Poinciana Elementary School, Heery International, Inc., to incorporate EHPA upgrades in the design and construction of the school. EHP A upgrades consisted of the following: Automatic transfer switch (transfers power from generator to Fire Pump); electrical costs associated with EHP A; moving power from generator to fire alarm pane; generator and generator install; foundation for generator room; mechanical costs for duct, louvers, and installation; doors and frame for generator room; design fee; and project manager (TPM) fee. On or about October 19,2006, SCHOOL DISTRICT paid $135,927.75 to Heery International, Inc. for the above- referenced services. Section 2. Payment. In return for the EHP A upgrades detailed above, and the agreement to allow County to use this school and other school facilities as Shelters and Refuges of Last Resort as detailed further in another interlocal agreement to be executed at the same time, and upon presentation of a proper invoice as that term is defined in the Florida Local Government Prompt Payment Act, Section 218.70, ES., which invoice shall include proof of actual payment by SCHOOL BOARD to Heery International, Inc., COUNTY shall issue a check to SCHOOL BOARD in the amount of $135,927.75. Section 3. Termination. With the exception of the agreement by SCHOOL BOARD to allow COUNTY to use the school as a Shelter and Refuge of Last Resort, detailed further in a separate, contemporaneous interlocal agreement, this INTERLOCAL AGREEMENT will terminate upon receipt by SCHOOL BOARD of the funds referenced above. Section 4. Notices. All notices and other communications required under this INTERLOCAL AGREEMENT must be in writing and addressed as follows: 2 If to COUNTY: Irene Toner, FPEM, CPM Director Monroe County Emergency Management 490 63rd Street, Ocean Suite 150 Marathon, FL 33050 With a copy to: Suzanne A. Hutton, Esq. Momoe County Attorney P.O. Box 1026 Key West, FL 33041-1026 If to SCHOOL BOARD: Randy Acevedo Superintendent of Schools Momoe County School District 241 Trumbo Road P.O. Box 1788 Key West, FL 33041-1788 Any Notice required by this Agreement shall be deemed to have been duly given if sent by certificate mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or by overnight delivery service with proof of delivery. Section 5. Governing Law. This INTERLOCAL AGREEMENT shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this INTERLOCAL AGREEMENT shall be in Monroe County, Florida, in the Sixteenth Judicial Circuit Court. This Agreement shall not be subject to arbitration. Section 6. Entire Agreement/ModificationlAmendment. This writing sets forth the entire agreement of the parties with respect to the subject matter of this INTERLOCAL AGREEMENT. No representations were made or relied upon by either party, other than those expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless in a writing signed by both parties. Section 7. Access to Records and Audits. In addition to any other rights conferred upon the parties under the Florida Government in the Sunshine Law or the Florida Public Records Act, both parties shall have the right to examine and audit any records involving transactions related to this 3 INTERLOCAL AGREEMENT. Either party may cancel this INTERLOCAL AGREEMENT for refusal to allow access to any records pertaining to work performed under this Agreement that are subject to the Florida Government in the Sunshine Law or the Florida Public Records Act. Section 8. Non-Reliance Bv Non-Parties. No person or entity shall be entitled to rely upon the terms of this Agreementl in order to enforce or attempt to enforce any third-party claim or entitlement to or benefit from any service or program contemplated hereunder, and COUNTY and SCHOOL BOARD agree that neither party, nor any agent, officer, or employee of either, shall have the authority to informl counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this INTERLOCAL AGREEMENT separate and apart, inferior to, or superior tOl the community in general, or for the purposes contemplated in this INTERLOCAL AGREEMENT. Section 9. Taxes. The parties are not subject to taxes or assessments. Section 10. Severability. If any term or provision of this INTERLOCAL AGREEMENT shall to any extent be held invalid or unenforceable, the remainder of this INTERLOCAL AGREEMENT shall not be affected thereby, and each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law. Section 11. Waiver. The failure of either party to this INTERLOCAL AGREEMENT to object to or take affirmative action with respect to any conduct of the other in violation of any term or condition of this INTERLOCAL AGREEMENT shall not be construed as a waiver of the violation or breach, or a waiver of any future violation, breach, or wrongful conduct. Section 12. Counterparts. This INTERLOCAL AGREEMENT may be executed in several counterpartsl each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. Section 13. Insurance. The parties to this INTERLOCAL AGREEMENT stipulate that each is a state governmental agency as defined by Florida Statutes and each represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workersl Compensation insurance, or is self-insured, for any amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this agreement. 4 To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its own employees, agents, contractors, and subcontractors. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this agreement are canceled, terminated or reduced in coverage, then the respective party must immediately substitute complying policies so that no gap in coverage occurs. Section 14. Non-Discrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC gg 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC S 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC SS 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, SS 523 and 527 (42 USC SS 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC SS 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC SS 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 15. Assh:mment. SCHOOL BOARD may not assign this INTERLOCAL AGREEMENT or assign or subcontract any of its obligations under this Agreement without the approval of COUNTY's Board of County 5 Commissioners. All obligations under this INTERLOCAL AGREEMENT will extend to and bind the legal representatives, successors, and assigns of SCHOOL BOARD. Section 16. Covenant of No Interest. SCHOOL BOARD and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this INTERLOCAL AGREEMENT, and that each's only interest is to perform and receive the benefits as recited in this INTERLOCAL AGREEMENT. Section 17. Code of Ethics. SCHOOL BOARD and COUNTY agree that each agency's respective officers and employees recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, F.S., regarding, but not limited to, solicitation or acceptance of gifts~ doing business with one's agency~ unauthorized compensation~ misuse of public position, conflicting or contractual relationship; and disclosure or use of certain information. Section 18. Ethics Clause. SCHOOL BOARD 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, COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. Section 19. Severabilitv. In the event that one or more provisions of this Agreement are declared invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: DANNY L. KOHLAGE, COUNTY CLERK By: By: Deputy Clerk Mario Di Gennaro, Mayor SCHOOL BOARD OF MONROE COUNTY (Seal) ATTEST: By: By: Randy Acevedo, Superintendent Chairperson 7 . , , / (bfJ ~ BOARL....JF COUNTY COMMISSIONERS ,-" AGENDA I1'EM SUM:MARY Meeting Date: May 18 ':"'19,2005 Division: Public Safety Bulk Item: Yes _ No --X- Department: Public Sa(~ Staff Contact Person: James ~e" Paros . '4-. .At H 2i)u/ C'J'i> l> . AGENDA ITEM WORDING: Approval offunding in an amount ~:m If''''',V~~.u6fur Enhanced Hunicane Protection Area (EHP A) Upgrade Cost at new Poinciana Elementary School. ITEM BACKGROUND: EHPA Criteria included in the design of new Poinciana Elementary Scbool and Gross Maximum Price (GM:P): EHPAEnvelope: 16)000 sf- Cafeteria, Administration, Music and Art rooms; EHP A Capacity: 600; EHP A Manager's Office: Receptionist's area EHPA Criteria not included in .GMP and EHPA Upgrade Cost .. Stonn Shutters $25~OOO * This anticipates using an existing County-owned mobile III Electrical $50,000 generator set. A permanently installed generator with III Generator By Others* automatic transfer switch and connections is estimated ill Water Storage $25,000 to be an additional $45,000. The Monroe County School III Sanitary Storage NICt~~~.,...._ District (MCSD) has taken a stance against the permanent e Doors . $15.000 generator because of the on~site fuel and maintenance Total $115)000 requirements. If the BOCC elects to go further with the BHP A, then it would need to formally request the MCSD to re-examine its present stance. i I PREViOUS RELEVANT BOCC ACTION: October 20.2004 - Commissioner Rice discussed entering into negotiations with the MCSD regarding proposed construction of new schools currently in the plant1ing stages to possibly include the requirements to enable use of the schooi facilities as hurricane shelters. Motion was passed requesting that School Board Member Dr. Walker present this request to the School Board for ~onsideration and return to the BOCC with their decision. r CONTRACf/AGREEl\IENT CHANGES: This is not a contract. STAFF RECOMMEND A nONS: Discussion TOTAL COST: Not To ExceJ1$l84,OOe.a& BUDGETED: Yes _ No X Zoo/1I00 COST TO COUNTY:Not To Exceed ~O SOURCE OF FUNDS:To Be Determined S!i "ZD::, 000 REVENUEPRODUCING: Yes_ No-X AMOUNTPERMONTH_ Year_ APPROVED BY: County Arty nla c ing ,~/ /:::~~k Management 7' DMSION DmECTOR APPROVAL: ../t.c- ~/ ,."./ .../ ::;:./2'c) D-5.'- , / " James R <<Reggie" Paro~' ," DOCUMENTATION: Included X Not Required_ ( JYlt!/5,iJCC ~ ~./ .... c~'#'3cog~ !d :~::J::JION: '.' -6(~~~~: "s~o o-L-~~NDAITEM# -I oY/;:'J;;;L;./ ~ .-4"$' ;rAt)):::. ~.:zc:... C~~~-~ 1:;;~t:I'~;r~~~~~'/~~ 1ft- ~ [ Members of lhe Board Districl If! EILEEN QUINN I District 112 RANDY ACEVEDO ANDY GRIFFITHS Superintendent of S choois Vice Chair Distrj(;f #3 DR. R. DUNCAN MATHEWSON, III District 114 ANNE KELLY COHAN Chair BUILDING BRIDGES Disrrict tl5 TO SUCCESS DR, DEBRA WALKER October 19, 2006 Dave Koppel, Engineer Momoe County Board of Commissioners 1100 Simonton Street Key West, FL 33040 Dear:Mr. Koppel, The Momoe County Board of Commissioners has agreed to fmance the cost of Enhanced Hurricane Protection for Poinciana Elementary School. Attached is the breakdown of charges provided by Heery International, the contractor for this project. The amount to be reimbursed is $135,927.75. We are requesting that your check be made payable to: Momoe County School District 241 Trumbo Road Key West, FL 33040 Attn: Finance Department ThGlnk you [Of your assistance in iliis matter. t~ Fred Sims Executive Director of Facilities Attachment \ RECEIVED 241 Trumbo Road. P.O. Box 1788. Key West, FL 33041-1788 FEB 1 3 2007 Tel. (305) 293-1400. SUnCom 464-1400. Fax (305) 293-1408 www.KeysSchools.com BY: HEERY October 9,2006 Fred Sims Monroe County School District /Inllit_. 241 Trumbo Rd. eoo.lI1l<llonl.l:>~ot>l Key West, FL. 33040 Ell9l\OCftn9 Gc.l~"" lkOgn Iffie11c1OesLgn RE: Poinciana Elementary School PlIlUr.Jm M""p<lMfll s~,,"?,F_.PI~ Dear Fred: Attached is a change order to return the unused portion of the EHPA funds. The costs are outlined below. The final change order sent for signature wlll have the back up documentation for you to submit to the county for reimbursement. $15,426.00 Automatic transfer switch (transfers power from generator to Fire Pump) $17,462.00 Electrical costs associated with EHPA (Power and Systems) $ 3,887.00 Power from generator to Fire Alarm panel $19,891.70 Generator $17,000.00 Generator Install $23,287.50 Foundations for Generator room $21,558.53 Mechanical costs inc. duct, louvers, and insulation. >>> $ 1,555.02 Doors and Frame for Generator Room I I >, $ 7,360.00 Design Fee $ 8,500.00 TPM Fee $135,927.75 Total Returns $64,072.25 in Savings. If you have any questions feel free to contact me. Sincerely Heery International Inc. ~ Eric Pelinsky, P.E. Project Manager co: Niels Hubbell, H.t. \.> '< Keery International, Inc, A group o! I'lol",","" ,..,;00 p,oc\i;:o< 61515> s,..t-G\l10m0 M"oli\OO. _, :l3Il50 T~"""'305-289.516T F",,3C>5~~5W) ^T1JI~AIlI/.=WIlOOWU[='CElflllB'll€.V^_CU"'a"'''JM.l.A'' OSM]ll!CO~ ttmlOlI\,OOlC!lLOSnmEiIMCllOIWilrlUEl;EtlM<leJIIAA.IU-l'{I'{fWCWw:o>i IllCIMlfc~l(:!W.enOSlll l:lEOOs&\TIlE:l'I1ISSD.1M lm'^\'IMWIVTClIIJC ~'CC'n~N'nI....~~~t+I......-m""""'ln--Io'~- BOARD OF COUNTY COMJ\.1.ISSIONERS AGENDA ITEM SUMl\1ARY Meeting Date September 19,2007 Division; Emergency Services Bulk Item: Yes ~ No - Department: Emerf?:ency Management Staff Contact Person: Jerald O'Cathey AGENDA ITEM WORDING: Approval for the BaCC to enter into an Interlocal Agreement (lLA) with the Monroe County School Board (MCSB), to allow the County to use Monroe County schools as hurricane shelters and Refuges of Last Resort. ITEM BACKGROUND: Monroe County Emergency Management and Monroe County School Board have worked together to identify Monroe County schools that could be used as shelters and Refuges of Last Resort for County citizens. PREVIOUS RELEVANT BOCC ACTION: On May 9, 1994, Monroe County BOCC and the School Board entered into an interlocal agreement providing that each would cooperate with the other to secure locations, construction and siting of new facilities designed to be used as hurricane shelters. However, the interlocal agreement was general in nature, and did not name specific facilities, and also did not address the issue of Refuges of Last Resort. The current lLA is intended to be the next step in that process. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOl\fMENDATIONS: Acceptance: It is appropriate to approve the Interlocal Agreement with the Monroe County School Board. .>{..r 1""0 ke ~~+eyV\f\\,^eJ* i+ J.eel a..y~ -Fw PI... ~1\<!A.V\e. . TOTAL COST: $ BUDGETED: Yes - No - COST TO COUNTY: $ --it SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year .00 APPROVED BY: County Ally ~ ~lPnrCbaSing_ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTSU1\1MARY Contract with: MC School Board Contract #_ Effective Date: September 19,2007 Expiration Date: None Contract PurposelDescription: Request BOCC approval to enter into an Interlocal Agreement with the MCSB to agree to use certain area schools as hurricane shelters and refuges oflast resort. Contract Manager: Jerald L. O'Cathey 6012 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Sept 19, 2007 Agenda Deadline: September 4, 2007 -\0 be aeter\N\\ V\.J CONTJACT COSTt - If J..eeI ()..)f"". -t-I:>Y 0... !.lvy'\'ca.n.e - Total Dollar Value of Contract: $ Unknown Current Year Portion: $ Unknown Budgeted? YesO No~ Account Codes: - - - - ----- Grant: $ - - - - ....--- ~ ~ --- County Match: $ 0 - - - - ~ 0.....----- _ ~ ~ - - - - ~~~~~ ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director ~s-ei/ YesO NoGr Risk Management q .4.D'/. YesO NolZI O.M.B./Purchasing arJLi'lv-::r YesO No~ ~PO-D County Attorney ~ YesO Noll9 ~t.~ Comments: OMB Form Revised 2/27/01 MCP #2 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE MONROE COUNTY SCHOOL DISTRICT FOR THE USE OF CERTAIN SCHOOLS AS SHELTERS AND REFUGES OF LAST RESORT THIS INTERLOCAL AGREEMENT is entered into this _ day of ,2007, by and between Momoe County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter "COUNTY"), whose address is 1100 Simonton Street, Key West, FL 33040, and the School Board of Momoe County ("SCHOOL BOARD"), as the contracting agent for the School District of Momoe County, a public agency of the State of Florida, whose address is 241 Trumbo Road, Key West, FL 33040. WITNESSETH: WHEREAS, there exists the continuing possibility of the occurrence of disasters of emergencies of significant size and destructiveness resulting from natural or man-made causes; and WHEREAS, COUNTY is authorized by Section 125.01(1)(p), F.S. to enter into agreements with other governmental agencies within or outside the boundaries for joint performance, or for performance by one unit in behalf of the other, of any of either agency's authorized functions; and WHEREAS, COUNTY is authorized by Section 252.38, F.S. to appropriate and expend funds, make contracts, provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; and WHEREAS, Section 252.38(1)(d), Florida Statutes, requires SCHOOL BOARD to assist and cooperate and coordinate with COUNTY to provide and help staff such facilities and provide the use of its vehicles and personnel in assistance to COUNTY in times of need; and WHEREAS, in furtherance of the County's Comprehensive Emergency Management Plan, COUNTY and SCHOOL BOARD desire to cooperate in the interest of public safety by providing facilities and necessary personnel to staff such facilities, supplies, transportation assistance for evacuations and sites for collection of animals, following a disaster; and WHEREAS, SCHOOL BOARD is authorized by Section 1013.10, F.S. to permit the use of school grounds for community use centers; and 1 WHEREAS, the parties are authorized by the Florida lnterlocal Cooperation Act, Section 163.10, F.S. to enter into an interlocal agreement to carry out their independent powers; and WHEREAS, it is in the best interests of the citizens of Monroe County, Florida, that local school facilities under construction or in the planning stages be constructed in such a way as to allow the facilities to be used as hurricane shelters and refuges of last resorts (RLR); and WHEREAS, the parties now desire to enter into an interlocal agreement pursuant to which COUNTY will use certain school sites as shelters and refuges of last resort in the event of natural disasters; NOW THEREFORE, COUNTY and SCHOOL BOARD, through their respective elected governing bodies, and in consideration of the mutual promises and covenants herein contained, hereby agree as follows: Section 1. Purpose. The purpose of this Agreement is to provide for cooperation and coordination between COUNTY and SCHOOL BOARD in carrying out joint responsibility to serve the citizens of Monroe County during disasters or enemy attack, by providing facilities, staffing and transportation for the housing of citizens and animals in preparation for or following a disaster. Section 2. Definitions. a. Disaster: An occurrence such as a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, pestilence, famine, civil disturbance, fIre, explosion, building collapse, transportation incident, hazardous material incident, terrorist attack, or other situation that is life threatening or creates human needs that victims cannot alleviate without assistance. b. Shelter: Dedicated schools that have been hardened to withstand Category 1 and 2 storms, up to 155 m.p.h, winds, as shown in Exhibit A to this Agreement, as amended from time to time. c. Refuge of Last Resort: Refuge for County citizens who are unable or unwilling to evacuate in the event of Category 3, 4 or 5 storms. No law enforcement or medical services are provided. 2 Section 3. Duties of the Countv. The County, through its Department of Emergency Management, agrees to: a. In cooperation with SCHOOL BOARD, identify and designate suitable school facilities to serve as emergency shelters and RLRs in the event of hurricanes and other disasters; b. Upon determination by the COUNTY that a disaster as defined in Section 252.34, F.S. is imminent, COUNTY will immediately notify the Superintendent of Schools. If such notification takes place during normal school hours, the Superintendent will detennine a safe course of action for students and staff as well as make the school facilities available as disaster shelters in a timely manner. c. Maintain communications with one (1) designated contact person from SCHOOL BOARD at all times during the Disaster; d. Act as the single point of contact for SCHOOL BOARD in matters related to the designation and use of school facilities for any emergency purpose, regardless of the requesting agency; e. Manage approval, with concurrence of SCHOOL BOARD, for all requests for use of designated school facilities, and food supplies, for emergency purposes, regardless of the requesting agency; f. Provide technology in support of efficient communications from the Monroe County Emergency Operations Center (EOC) to SCHOOL BOARD to the maximum extent possible; g. Cooperate with the designated facility manager; h. Provide personal comfort supplies for unprepared evacuees if not available from existing school supplies, to the extent possible; 1. Conduct analysis of newly-constructed school facilities to determine the suitability of such facilities as emergency public shelters. J. Provide space in the Monroe County EOC for one SCHOOL BOARD representative and any necessary support staff. 3 k. Coordinate public announcements of shelter openings with designated SCHOOL BOARD liaison personnel. 1. For shelters: Provide appropriate medical and law enforcement staffing as available. m. For animal shelters, the County agrees to: i. Staff temporary collection sites with Animal Service personnel and/or volunteers. ii. Staff will receive the animals, provide emergency identification, feed, water and service. Section 4. Duties of School Board. The County, through its Department of Emergency Management, agrees to: a. Provide, insofar as practical and not inconsistent with the School Board's primary duty, the facilities and building mutually agreed upon by COUNTY and SCHOOL BOARD in advance of an area-wide disaster or immediately after a disaster has occurred. The school facilities to be used as shelters have been identified in advance and a list is attached hereto as Exhibit A; however, that list can be amended from time to time at the mutual agreement of the County Administrator or his designee and the Superintendent of Schools or his designee. The school facilities to be used as RLRs have also been identified in advance, and a confidential list is maintained in the possession of the County Administrator and the Superintendent of Schools. That list can likewise be amended at the mutual agreement of the County Administrator and the Superintendent of Schools or their respective designees. b. Provide such employee support personnel and existing equipment as are needed to facilitate coordination and delivery of centralized emergency disaster support covered by this Agreement. This includes the supply of identified shelters with food and water, to the extent available. c. Provide designated facility managers for individual SCHOOL BOARD facilities. It is expressly understood that the designated facility manager shall have the final authority in matters relating to space utilization at the individual shelter, provided that the health, safety and welfare of disaster victims shall guide such decisions. 4 d. .It is expressly understood that there will be no medical or law enforcement personnel assigned to any RLR. e. Maintain liaison with the Monroe County Department of Emergency Management. Section 5. Trainin2 and Exercises. Both parties agree to support annual training activities, recognizing that training is essential to providing successful aid to citizens in disaster. a. COUNTY will coordinate andlor provide shelter management training. b. SCHOOL BOARD agrees to participate in andlor conduct at least one shelter exercise each year. Section 6. Reimbursable Expenses to the School Board. The COUNTY agrees to reimburse SCHOOL BOARD for reasonable expenses as set forth below: a. COUNTY shall be liable for any costs for loss or damage to any SCHOOL BOARD equipment utilized pursuant to this Agreement and shall pay any expenses incurred in the operation or maintenance thereof, except in cases where the SCHOOL BOARD can become its own applicant agent for the purpose of seeking reimbursement of such costs from the Federal Department of Homeland Security and/or the Federal Emergency Management Agency. b. COUNTY agrees to pay SCHOOL BOARD, after any payment or reimbursements made by the ~erican Red Cross, insurance, or any disaster relief agency, for any damages to the structure or contents of any school facility directly arising out of the use of the facility as a shelter or RLR but not from the disaster necessitating the use of the facility as a shelter or RLR. No claim for such loss, damage or expense shall be allowed unless within 120 days after such loss; damage, or expense is sustained, an itemized notice of the claim, under oath, is served on and received by personal service, by the County through its Emergency Management Director or County Administrator. c. COUNTY and SCHOOL BOARD agree that the use of designated school facilities for disaster relief shall be at no charge to COUNTY, except as provided herein. 5 Section 7. Notices. All notices and other communications required under this INTERLOCAL AGREEMENT must be in writing and addressed as follows: If to COUNTY: Irene Toner, FPEM, CPM Director Monroe County Emergency Management 490 63rd Street, Ocean Suite 150 Marathon, FL 33050 With a copy to: Suzanne A. Hutton, Esq. Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 If to SCHOOL BOARD: Randy Acevedo Superintendent of Schools Monroe County School District 241 Trumbo Road P.O. Box 1788 Key West, FL 33041-1788 Any Notice required by this Agreement shall be deemed to have been duly given if sent by certificate mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or by overnight delivery service with proof of delivery. Section 8. Governing Law. This INTERLOCAL AGREEMENT shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this INTERLOCAL AGREEMENT shall be in Monroe CountYl Florida, in the Sixteenth Judicial Circuit Court. This Agreement shall not be subject to arbitration. Section 9. Entire Agreement!l\1odificationlAmendment. This writing sets forth the entire agreement of the parties with respect to the subject matter of this INTERLOCAL AGREEMENT. No representations were made or relied upon by either party, other than those expressly set forth herein. No agent, employeel or other representative of either party is empowered to modify or amend the terms of this Agreement, unless in a writing signed by both parties. 6 Section 10. Access to Records and Audits. In addition to any other rights conferred upon the parties under the Florida Government in the Sunshine Law or the Florida Public Records Act, both parties shall have the right to examine and audit any records involving transactions related to this INTERLOCAL AGREEMENT. Either party may cancel this INTERLOCAL AGREEMENT for refusal to allow access to any records pertaining to work performed under this Agreement that are subject to the Florida Government in the Sunshine Law or the Florida Public Records Act. Section 11. Non-Reliance Bv Non-Parties. No person or entity shall be entitled to rely upon the terms of this Agreement, in order to enforce or attempt to enforce any third-party claim or entitlement to or benefit from any service or program contemplated hereunder, and COUNTY and SCHOOL BOARD agree that neither party, nor 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 INTERLOCAL AGREEMENT separate and apart, inferior to, or superior to, the community in general, or for the purposes contemplated in this INTERLOCAL AGREEMENT. Section 12. Taxes. The parties are not subject to taxes or assessments. Section 13. Severability. If any term or provision of this INTERLOCAL AGREEMENT shall to any extent be held invalid or unenforceable, the remainder of this INTERLOCAL AGREEMENT shall not be affected thereby, and each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law. Section 14. Waiver. The failure of either party to this INTERLOCAL AGREEMENT to object to or take affirmative action with respect to any conduct of the other in violation of any term or condition of this INTERLOCAL AGREEMENT shall not be construed as a waiver of the violation or breach, or a waiver of any future violation, breach, or wrongful conduct. Section 15. Counterparts. This INTERLOCAL AGREEMENT may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. Section 16. Insurance. The parties to this INTERLOCAL AGREEMENT stipulate-that each is a state governmental agency as defined by Florida Statutes and each represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, for any amounts adequate to respond to any and all claims under 7 federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this agreement. To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its own employees, agents, contractors, and subcontractors. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this agreement are canceled, terminated or reduced in coverage, then the respective party must immediately substitute complying policies so that no gap in coverage occurs. Section 17. Indemnification. Each party agrees to indemnify, defend, and hold harmless the other, its officers, board members, agents, and employees from any and all claims, suits, demands, penalties, liabilities, costs or expenses in any form, including but not limited to attorneys' fees and costs at both trial and appellate level, arising from any negligent, willful or wrongful conduct on the part of its officers, board members, agents and employees when acting within the scope of their employment or agency. This paragraph should in no way be considered a waiver of sovereign immunity or an attempt to extend the parties' liability beyond the limits established in Section 768.28, Florida Statutes. Section 18. Non-Discrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 use 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 use S 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use SS 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to 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 8 amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title vrn of the Civil Rights Act of 1968 (42 USC 99 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use 99 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. Assi2nment. SCHOOL BOARD may not assign this INTERLOCAL AGREEMENT or assign or subcontract any of its obligations under this Agreement without the approval of COUNTY's Board of County Commissioners. All obligations under this INTERLOCAL AGREEMENT will extend to and bind the legal representatives, successors, and assigns of SCHOOL BOARD. Section 20. Covenant of No Interest. SCHOOL BOARD and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this INTERLOCAL AGREEMENT, and that each's only interest is to perform and receive the benefits as recited in this INTERLOCAL AGREEMENT. Section 21. Independent Contractor Status. The parties agree that throughout the term of this Agreement, the SCHOOL BOARD is an independent contractor in all respects and shall not be the agent, servant, officer or employee of COUNTY. Section 22. Code of Ethics. SCHOOL BOARD and COUNTY agree that each agency's respective officers and employees recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, F.S., regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting or contractual relationship; and disclosure or use of certain information. Section 23. Ethics Clause. SCHOOL BOARD 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, COUNTY may, in its discretion, terminate this agreement without liability and may also, in its 9 discretion, deduct from the agreement or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. Section 24. Severabilitv. In the event that one or more provisions of this Agreement are declared invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. Section 25. Termination. This Agreement shall have no termination date and shall remain in full force and effect in perpetuity unless sixty (60) days' advance notice of termination setting forth intent to terminate is served by either party in accordance with the notice provisions set forth above. This Agreement is binding on the parties hereto and all successors. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: DANNY L. KOHLAGE, COUNTY CLERK By: By: Deputy Clerk Mario Di Gennaro, Mayor SCHOOL BOARD OF MONROE COUNTY (Seal) ATTEST: By: By: Randy Acevedo, Superintendent Chairperson 10 Exhibit A Shelters Facility Area of School -- Area of School - Pet Shelter Human Shelter Key West High School Cafeteria, 7080 sq. ft. "Old Body Shop" Buildings #1 2100 Flagler Ave. and #2 Key West, FL 33040 Sugarloaf School Cafeteria, 7050 sq. ft. Boys locker room 225 Crane Blvd. MM# 19 Sugarloaf Key, FL 33040 Stanley Switlick School Cafeteria, 5590 sq. ft. Maintenance Building, adjacent 3400 Overseas H wy. to Overseas Hwy. and across Marathon, FL 33050 street from Monroe County Fire Station located at 3299 Overseas Highway, Marathon Poinciana School Cafeteria, 4968 sq. ft. Old Body Shop Buildings, west 1407 Kennedy Dr. of Key West High School Key West, FL 33040 (shared as pet shelter with Key West High School). Building #1: 2682 sq. ft. Building #2: 3105 sq. ft. Coral Shores High School Cafeteria, 4733 sq. ft. Room #2-1104 (laundry room) 89591 Old Highway and Room #2-1 lOB (boys' rest MM#89.9 room). Plantation Key, FL 33070 11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19.2007 Division; Budget and Finance Bulk Item: Yes -X- No - Department: OMB Staff Contact Person: Tina Boan- 4472 AGENDA ITEM WORDING: Approval to use Impact Fees-Parks & Recreation, Fund 131. ITEM BACKGROUND: To be used for the building of Big Pine Park, and a two story Community Center. Park will include 1 baseball diamond, a basketball court, restroom facilities, playground equipment, skate park, jogging track, shuffleboard, bocce ball and roller hockey rink. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: Approval TOTAL COST: $354.000 BUDGETED: Yes - No - COST TO COUNTY: $354.000 SOURCE OF FUNDS: Impact Fees REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year - APPROVED BY: County Arty---X- OMB/Purchasing -X-Risk Management _nla_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 --- Monroe County Board of County Commissioners Impact Fee Expenditure Request Section I - To be completed by requesting department Requestor: David S, Koooel Tille: County Engineer Date: 05.24/07 Facility type: Park Project name: Big Pine Key Community Park Total Project Cost (capital only) $: $6.968.487 estimate Description of project: Buildini ofa Big Pine Key Park. and a two stOry Community Center, Park will include I baseball diamond, a basketball court. restroom facilities. plaYlZround eQuipment. skate oark. iOlZginlZ track. shuffieboard. bocce ball and roller hockey rink, Proiect started in June 2006 with demolition of existing buildings. and the tillin~ of a basin. Impact fee district: District I Boundaries of Service Area: BiB Pine Key Boundaries within project's fee district: Yes X No Type of project: Capital X Operational _ Maintenance._ Project start date: June. 2006 Useful life of project: lQ..m (Must exceed 5 years to qualify as capital project) Project serves: Development that existed in 1986 X started after 1986 X projected beyond current year X Would project have been needed to maintain level of service standards ifno growth had occurred since 1986: Section 2 - PlaDolng review ,,10- Title: Sr. Dir. Pin & Bnv. Res. Date: 7 /30/2007 Reviewer: Aref Jou1an1 Pro'ect elilZible for impact fee fundinlit: Yes I No Fund: District: Partial FundinlZ $: Full Funding $: County-Wide Municipality 13\ District I amount (Lower Keys) $354,000 District 2 amount (Middle Keys) District 3 amount (Upper Keys) Notes: This is . terrific and vortbvhile project. Section J - Legal review Rev;,w,,, ~ ~ Hie, (lA,.,f, 6Ir .J4>t;fc J Date: j-1d-07 Concur with planning review ~bject to planning review __ Notes: I Section 4 - OM8 rev~ Reviewer: --p,. Title: f;m~L Date:7/\3l J 0'1- Funds available: Yes/ No - Transfer reque.~t prepared: Yes - No - Resolution prepared: Yes _ No./ $- Ag,nda 'ummary prepared" y"t No hroi"""",,?I:07ol DOl' of Boce a<lioo' 1;- RJ./bl ~ r ~6'1 c(p MJrd &J 3(0 ~ ) ~;;ty, 131 ~ d=15 0 J - 'Jd)b?D - P1:010 I .0(.( . D'6t I 'BP th.YK. 0\t8 FNm RC'\ ,j<J ~ .:'~ .It \/ /~1 J~(3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 9/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval to accept an Assistance Award from the Transportation Security Administration, to supplement local funds for required security at the Key West International Airport. ITEM BACKGROUND: This award will provide supplemental funds, in the amount of $306,162.00, for burdened salary rate of Police Patrol Officers, in annual increments of $61 ,232.40 per year. for five years. PREVIOUS RELEVANT BOCC ACTION: None on this item CONTRACT/AGREEMENT CHANGES: new agreement STAFF RECOMMENDATION: Approval TOTAL COST: Revenue Producing BUDGETED: No COST TO AIRPORT: None SOURCE OF FUNDS: TSA COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: Yes AMOUNT FOR TERM OF GRANT: $306,162.00 $61,232.40 per year APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # -.i2!1 q DISPOSITION: /bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Transportation Security Administration Effective Date: Signature Grants Officer, 10/1/07 Expiration Date: 9/30/12 Contract Purpose/Description: Cooperative Agreement - Law Enforcement Officer Reimbursement Agreement Program Contract Manager: Peter Horton # 3518 Airports - Stop # 5 (name) (Ext.) (Department! Stop) for BOCC meeting on: Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing $306,162.00 Current Year Portion: None Budgeted? No Account Codes: Pending approval of grant Grant: Yes - TSA County Match: None ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial. salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director ~/lLOl ( ) (X) !1j~~ ) '..') , , Risk Management iL/1 '< /0 I ( ) (J) 'L/ i/ f" ; .,' (.--" / ..........;;;..----:.... O.M.B.lPurchasing ~t.l..!/ D-=t ( ) ( ) ..1.J ~ 0 T' County Attorney -1/~/ 0'1 ()Y'C) c1/1 ~ /0 7 Comments: ;..~.~ Tr~rtatlon ASSISTANCE AWARD , Security 1:#;i~~' Administration .V 1 I AWARD TYPE 2 I AWARD NUMBER 3 I REQUISITION NUMBER Grant .J Cooperative Agreement HSTS0208HSLR360 2107208SLR360 4 IRECIPIENT 5 IISSUED BY Name & Address: EYW Name & Address: Key West International Airport Transportat!on SecurityAdministration Monroe County Sheriffs Office Transportation Credentlalmg & Sector Network Management 3491 South Roosevelt Blvd. 10W-408N TSA-25 Key West FL 330405295 601 S. 12th' Street Arlington VA 22202 Ted Fernandez, 571-227-3202. FAX 571-227-1392 email: ted.fernandez~dhs.QQv 6 I APPLICATION TITLE & DATE Law Enforcement Officer Reimbursement Agreement Program Dated: 7/30/2007 7 IAWARD PERIOD 8 IFISCAL DATA Total Project Period 10/1/2007 through 9/30/2012 Federal Share: $306,162.00 Non-Federal Share: $0.00 Effective Date: Date of Signature by TSA Grants Total Project Cost: Officer Appropriation No. 5AV078AOOOD2007ADE011GE000031006100616SL R 59063048001700004101 F = $0.00 Obli ated: $0.00 9 IRECIPIENT PROJECT COORDINATOR 10 TSA GRANTS OFFICER TECHNICAL I REPRESENTATIVE (GOTR) Mr. Jerome Fain Aimee Jackson, Program Manager Key West International Airport Transportation Security Administration Monroe County Sheriff's Office 601 S. 12th Street, TSA-18 3491 South Roosevelt Blvd. East Tower (E8-206S) Key West FL 330405295 Arlington, VA 22202 305-296-8099 Telephone: 571.227.1532 kwsherifftalbellsouth.net e-Mail: aimee.iacksonl1ildhs.aov 111ADMINISTRATIVE DATA 12 FAADS DATA CFDA Number: 97.090 City Code: 36556 Program: Chief Operating Officer State Code: 12 Legislative Authority: 49 U.S.C. ~~ 106(m) and County Code: 087 114(m) Congressional District: 01 EIN: 5960000749 DUNS: 155639339 131AUTHORIZED SIGNATURES Recipient's Signature Date Grants Officer's Signature Date Ted Fernandez. Contractina Officer (Grants) TYPED NAME AND TITLE TYPED NAME AND TITLE ~ #.P'RO)!EDu~ I VI"."" . \ ,/ 'l/r / ~....x; PEDRO J. MeRCADO / n..~SSISTANT c911NTY ATTORNEY q 11'< /1-> 7 DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration COOPERATIVE AGREEMENT TERMS AND CONDITIONS COOPERATOR: Key West International Airport AGREEMENT NO: HSTS0208HSLR360 ARTICLE 1- AUTHORIZING LEGISLATION (a) The Homeland Security Act of 2002, H.R. 5005-8, P.L. 107-296 (b) 49 U.S.C. SS 106(m) and 114(m) ARTICLE II . PROGRAM DESCRIPTION The Recipient and the Transportation Security Administration as part of this cooperative effort through the FSD and the Law Enforcement Officer Reimbursement Agreement Program will deploy and train sufficient law enforcement officers to meet their dual responsibility of ensuring the safety of passengers and to counter risks to transportation security. Pursuant to 49 U.S.C. S 44903(c) and 49 C.F.R. Part 1542, each Airport Operator is required to establish an airport security program that provides a law enforcement presence and capability at the airport that adequately ensures the safety of passengers and national security. The work described in the Statement of Joint Objectives (SOJO) is made part of this Cooperative Agreement as Attachment 1 . ARTICLE III - BUDGET AND PROJECT PERIOD A. Proiect Period: 1. The Project Period shall be five years from 10/1/2007, the start date of this Cooperative Agreement, through 9/30/2012 contingent on acceptable performance by the Recipient of the program approved under this award and any TSA modifications and the availability of appropriated funds. 2. The Recipient shall not request reimbursement or incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities prior to or beyond the expiration date of the performance period. ARTICLE IV - AMOUNT OF AWARD A. The total estimated cost of the TSA share for the performance of this award is $306,162.00. Costs reimbursed hereunder shall in no event exceed the amount obligated by modification without prior written approval of the Contracting Officer. S. Funds for future Fiscal Years are contingent upon availability of funds. Recipient may receive a decrease in funding based on funding availability, number of Recipients, and/or project under runs. Should funds become available; a modification to the Cooperative Agreement will be issued to obligate the additional funds. C. This Cooperative Agreement is for the administration and completion of an approved Homeland SecuritylTransportation Security Administration program or project within the Performance Period. Cooperative Agreement funds shall not be used for other purposes. D. The reimbursable costs for this award include but are not limited to: a. Fully burdened salary rate of a Police Patrol Officer as described in Attachment 1. b. TSA furnished training and/or security briefings. E. No transfer of funds to agencies other than those identified in the approved grant application shall be made without prior approval of the TSA Contracting Officer. F. The Participant shall follow the appropriate OMS Circulars for administrative and cost principles guidance and OMS Circular A-133 Audit of States, Local Governments and Non- Profit Organizations in the implementation of this award. ARTICLE V - COST-SHARE/MATCH This program has no statutory formula and no matching requirements. ARTICLE VI- MAINTENANCE OF EFFORT/SUPPLANTING OF FUND Funds approved under this Cooperative Agreement shall be used to supplement and shall not be used to supplant State or local funds dedicated to this effort. The Participant may be requested to support maintenance of effort through documentation supporting previous years budgets dedicated to this effort. ARTICLE VII - TRANSPORTATION SECURITY ADMINISTRATION OFFICIALS A. TSA officials for the Cooperative Agreement are as follows: 1. The Program Officer (PO) shall be the Office of Law EnforcementlFAMS staff member 3 responsible for monitoring the completion of work and technical performance of the projects or activities described in the application under the Statement of Joint Objectives (SOJO). The Program Officer is Aimee Jackson. The contact information for the PO and his alternate is listed below: Aimee Jackson Program Manager Transportation Security Administration 601 S. 12th Street, TSA-18 East Tower (E8-206S) Arlington, VA 22202 Telephone: 571.227.1532 e-Mail: aimee.jackson@dhs.gov LEO Program Technical Representative Wendy Palacio 601 S. 12'" Street TSA-18 East Tower (E8-207S) Arlington, VA 22202 Telephone: 571.227.2451 e-Mail: wendy.palacio@dhs.gov Grants Officer Technical Representatlvel Budget and Finance Aimee Jackson Transportation Security Administration OLElFAMS/LEO Program, TSA-18 601 S. 12th Avenue, E8-206S Arlington VA 22202 Telephone: 571.227.1532 e-Mail: aimee.jackson@dhs.gov 2. The Grants Officer is the only TSA official that has the full authority to negotiate, administer and execute all terms and conditions of the Cooperative Agreement in concurrence with the Program Officer. The Contracting Officer is Ted Fernandez Contracting Officer (Grants) Transportation Security Administration Transportation Credentialing & Sector Network Management 10W-408N, TSA-25 601 S. 12'h Street Arlington VA 22202 Telephone: 517-227-3202, FAX 571-227-1392 e-Mail: ted.fernandez@dhs.oov ARTICLE VIII- TRANSPORTATION SECURITY ADMINISTRATION INVOLVMENT: 4 Complete participation in this program is described in Attachment 1. ARTICLE IX - Terms and Conditions: FOIA: All requests for information, to include those under the Freedom of Information Act or Privacy Acts, will be forwarded to the TSA Program Officer. The TSA Program Officer will coordinate a response with the TSA FOIA Office. Oraanization Staffina: The project shall be staffed and organized by the Participant to satisfy its assigned mission and to perform its required functions. Insurance: The Participant shall at all times during the duration of this Agreement maintain insurance or be self insured relating to the project and Participant employees covering property, fire, casualty, liability, life, worker's compensation, and all other forms of insurance customarily obtained by entities in the same industry. The Participant will not insure TSA agents, contractors, or anyone else against any of these risks. Public Affairs: All public affairs activities related to project(s) sponsored under this award, and its activities must be approved by TSA. This does not preclude the Cooperator's personnel from participating in public affairs activities not related to project(s) sponsored under this award solely as agents of the Cooperator. CODvriaht: The Participant is free to copyright any original work developed in the course of or under the agreement. The TSA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of TSA financial support and a statement that the publication does not necessarily reflect TSA's views. Contract Provisions: All contracts executed under this Cooperative Agreement will contain the contract provisions listed under the OMS Circular A-102, Common Rule, section 36 (i) Contract provisions or OMS Circular A-11 0, section 48 Contract Provisions. Environmental Reauirements: Cooperators are encouraged to integrate National Environmental Policy Act (NEPA) compliance and related legislation with the initial planning and selection process for this program. Cooperators are encouraged to coordinate with the TSA Environmental Officers in complying with NEPA and Historic Preservation Act requirements. Local Permits: Prior to the start of any construction activity, the Participant shall ensure that all applicable Federal, State, and local permits and clearances are obtained. Publications: In compliance with the Section 623 of the Treasury, Postal Service, and General Government Appropriations Act, 1993, and reenacted in Section 621 of the fiscal year 1994 Appropriations Act requires that all recipients disclose the amount and percentage of Federal funding and funding from non-governmental sources when making public announcements about Federally-funded projects in the amount of $500,000 or more. Termination: Either the Participant or TSA may terminate the Cooperative Agreement by giving written notice to the other party at least thirty (30) calendars days prior to the effective date of the 5 termination. All notices are to be transmitted via registered or certified mail, retum receipt requested. The Cooperator's authority to incur new costs will be terminated upon arrival of the date of receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of the Cooperative Agreement will be commenced and processed as under OMB Circular A-102, Common Rule .50 Closeouts. Buv America: The Grantee, Subgrantees and contractors receiving funds from this grant shall comply with the Buy American Act (41 U.S.C. 10a et seq.) unless it is determined that it is inconsistent with the public interest, impracticable to comply with such a requirement or that it would unreasonable increase the cost of articles, materials, or supplies. The exception shall be noted in the specifications and documentation to justify the exception will be retained in the grant file for record. ARTICLE X - REQUEST FOR REIMBURSEMENT A. Payment under this award will be authorized by the reimbursement payment method (using the SF 270, "Request for Advance or Reimbursement") in compliance with information provided in the SF 424A, "Budget Information" with supporting invoice document. B. The TSA will reimburse the Recipient monthly for amounts expended for the activities described in the SOJO. The amount of $61 ,232.40 is hereby estimated for obligation at the time of Modification 1 for the categories outlined in the SOJO, Attachment 1. Recipient is required to provide mandated Law Enforcement Services regardless offunding level or period funding is received. C. Requests for reimbursement SF270's must be submitted to the FSD or FSD Designee for certification within 30 days of the end of the monthly period of performance (ex. SF 270's for January's period of performance must be submitted no later than February 2Sth).shall be submitted monthly through the local FSD office at the address listed in Attachment 1. Detailed documentation must be available for each item for which reimbursement is requested; for example, checkpoint logs, timesheets, and/or appropriate validation from payroll for each individual Law Enforcement Officers' fully burden salary rate as described in Attachment 1 . D. Include banking information and DUNS number on all SF270's submitted. E. Participant must be registered in the Centralized Contractor Registration (CCR) at CCR.gov. Banking information and DUNS number reflected on SF270 must match information contained in the Recipient's CCR account. Inaccurate information may result in payment delays. F. In the event of non-compliance with all or portion of the terms and requirements of this Cooperative Agreement, or if a disagreement arises on the interpretation of the provisions of this Cooperative Agreement, or modifications and/or revisions thereto, the Program Manager and Grants Officer in consultation with the FSD will attempt to resolve the matter. If the matter cannot be resolved, the Contracting Officer will determine with the FSD and Program Manager the materiality of the breach and/or resolution of the interpretation of the Cooperative Agreement and the appropriate action(s) that may be taken. The Contracting 6 Officer's determination and proposed action will be in writing and shall be presented by the FSD and/or the Contracting Officer. The Recipient may use the Alternative Dispute Resolution (ADR) process to appeal. ARTICLE XI- FINANCIAL REPORTS A. FINANCIAL STATUS REPORT: The Recipient shall submit financial reports (SF 269, Financial Status Report) to the appropriated Awarding Office within 30 days after end of each budget period. B. Final Financial Status Reports are due 90 days after the close of each* Recipient fiscal year. C. Submit Financial reports to: Grants Officer, Block 5, face page of this agreement. ARTICLE XII - PERFORMANCE REPORTS A. The Program Officer shall review the monthly Certification sheets submitted by the Federal Security Director. B. The annual performance review shall consist of a comparison of the following: · LEO evaluation/certification results · ASI Compliance Reports · Consolidated invoiced and actual cost reports ARTICLE XIII- COOPERATIVE AGREEMENT MODIFICATIONS A. Changes and/or modifications to this Agreement although done unilaterally shall be in writing and signed by the TSA Grants Officer. The modification shall cite the Cooperative Agreement number and shall set forth the exact nature of the change and/or modification. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this Agreement. B. All requests for interpretations of this Agreement or modifications to it shall be submitted in writing to the TSA Grants Officer. C. EXTENSION REQUEST: 1. Extensions to the performance period can only be authorized in writing by the TSA Grants Officer with the concurrence of the TSA Program Officer. 2. Requests for time extensions to the Performance Period will be considered but will not be granted automatically and must be supported by adequate justification to be processed. The justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended Performance Period; and a 7 description of performance measures necessary to fulfill regulatory requirement. Without financial status reports current and justification submitted, extension requests shall not be processed. 3. TSA has no obligation to provide additional funding as a result of an extension. All modifications to the award to increase funding or to extend the Performance Period are at the sole discretion of the TSA staff involved in this Cooperative Agreement. ARTICLE XIV - AUDIT REQUIREMENTS Cooperators must follow the audit requirements under OMB Circular No. A-133, Audits for States, Local Governments and Non-Profit Organizations. Non-Federal entities that expend $500,000 or more of Federal funds in their fiscal year shall have a single or program-specific audit conducted for that year in accordance with the provisions of A-133. ARTICLE XV - GENERAL PROVISIONS The following are hereby incorporated into this agreement by reference as applicable: 31 CFR 205 Rules and Procedures for Funds Transfers OMB Circular A-102 Uniform Administrative Requirements for grants and Cooperative Agreements with State and Local Governments OMB Circular A-87 Cost Principles for State and Local Governments OMB Circular A-110 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-122 Cost Principles for Nonprofit Organizations For-profit organizations are subject to the provisions of 48 CFR Part 31, "Contract Cost Practices and Procedures." Application Cooperative Agreement Application and Assurances contained therein received by TSA on 7/30/2007 and/or as amended on End of Cooperative Agreement HSTS0208HSLR360 8 ! '-I.5"'! V.l "" 1.__- Jerome Fain From: Fernandez. Ted R. [Ted.Fernandez@dhs.gov] Sent: Friday. September 14. 2007 3:05 PM To: Jerome Fain Cc: Fernandez. Ted R.; Jackson. Aimee Subject: RE: EYW HSTS0208HSLR360 Director Fain: The NTE annual award is $61,232.40; 5 years NTE is $306,162.00 ($61,232.40/annual x 5 years = $306.162.00. The return of Page 1 on COB of 9/21/2007 is acceptable. If you have any questions, please do not hesitate to contact me. Sincerely, Ted Fernandez Contracting Officer Office of Acquisition DHS, TSA 571.2273202 From: Jerome Fain [mailto:kwsheriff@bellsouth.net] Sent: Friday, September 14, 2007 12:30 PM To: Fernandez, Ted R. Subject: RE: EYW HSTS0208HSLR360 Importance: High Thank You. The Key West International Airport EYW is requesting additional time beyond 09/19/2007 to the close of business on 09/21/2007 for the return of Page #1. Note: There is some confusion concerning the information printed on Article X - Page 6 (Request for Reimbursement) The amount listed of $61 ,232.40 in it's current format section as it relates to our (EYW) reimbursement on a monthly basis. Leads one to interpret the amount of 61.232.40 multiplied x 12 payments per years is $734,78880 per year x 5 years equai $3.673.944 dollars (Please clarify in writing) HSTS00208HSLR360 Director Jerome Fain Cell 305-797-0152 Office 305 296-8099 Fax 305 295-8974 Thank you -----Original Message----- From: Fernandez, Ted R. [mailto:Ted.Fernandez@dhs.gov] Sent: Thursday, September 13, 2007 4:08 PM To: kwsheriff@bellsouth.net Cc: Lewis, Tim <FSD>; Jackson, Aimee; Fernandez, Ted R. Subject: EYW HSTS0208HSLR360 Mr. Jerome Fain Key West International Airport 9/17/2007 ~ -0- - ~~ - Monroe County Sheritl's Office 3491 South Roosevelt Blvd. Key West FL 330405295 Subject: Cooperative Agreement No. HSTS0208HSLR360 Dear Mr. Jerome Fain: Attached is a copy of the Cooperative Agreement HSTS0208HSLR360. Please print the document, sign page 1 of the Assistance A ward only and return a scanned copy of pagc 1 and return to HSTS02F ACaidhs.gov by 09-19-07. The individual signing the agreement must have authority to hind your organization contractually. The date the document is signed must be placed after the signature. A tully executed copy will be returned to you for your files. NOTE: No funding is obligated by this document. Funding will be added by unilateral moditication contingent upon receipt of the Appropriation from Congress for each fiscal year. r f any delay in returning this document on or before the above due date is anticipated, please notity this otlice, and provide the expected date of return so that follow-up inquiries will not be necessary. [f you have any questions. please contact me at 57l-227 -1587 or email patricia.masterson@dhs.gov or ted.ternandez((~dhs.gov. Ted Fernandez Oftiee of Acquisition DHS, TSA 571.227.3202 9/17/2007 Thank You, The Key West International Airport EYW is requesting additional time beyond 09/19/2007 to the close of business on 09/21/2007 for the return of Page #1. Note: There is some confusion concerning the information printed on Article X - Page 6 (Request for Reimbursement) The amount listed of $61,232.40 in it's current format section as it relates to our (EYW) reimbursement on a monthly basis. Leads one to interpret the amount of 61 ,232.40 multiplied x 12 payments per years is $734,788.80 per year x 5 years equal $3,673.944 dollars (Please clarify in writing) HSTS00208HSLR360 Director Jerome Fain Cell 305-797-0152 Office 305 296-8099 Fax 305 295-8974 Thank you -----Ori9inal Message----- From: Fernandez, Ted R. [mallto:Ted.Fernandez@dhs.govj Sent: Thursday, September 13, 2007 4:08 PM To: kwsheriff@bellsouth.net Cc: Lewis, Tim <FSD>; Jackson, Aimee; Fernandez, Ted R. SUbject: EYW HSTS0208HSLR360 ~r. Jerolne Fain Key West International Airport ~onroe County Sheritl's Officc 349] South Roosevelt Blvd. Key West FL 330405295 Subject: Cooperative Agreement No. HSTS020SHSLR360 Dear ~r. Jerome Fain: Attached is a copy of the Cooperative Agreement HSTS020SHSLR360. Please print the document, sign page I of the Assistance Award only and return a scanned copy of page 1 and return to HSTS02FM(l)dhs.~ov by 09-19-07. The individual signing the agreement must have authority to bind your organization contractually. The date the document is signed must be placed after the signature. A fully executed copy will be returned to you for your tiles. NOTE: No timding is obligated by this document. Funding will be added by unilateral modification contingent upon receipt of the Appropriation trom Congress ti.lr each /isca] year. If any delay in returning this document on or betl.)fe the above due date is anticipated. please notify this otlice, and provide the expected date of return so that Ii.lllow-up inquiries will not be necessary. If you have any questions. pleasc contact me at 571-227-15S7 or email patricia.masterson(li'dhs.f.!:ov or ted.fernandez(ivdhs.f.!:ov. Please add the wording that the fence replacing the wall we agreed would be from the ground to the top of the building approx.15 feet high. You said that the cost from the ground to a 7foot tall fence or to the top of the building would still be a saving. I said then go ahead with the 15 foot. -----Original Message----- From: Les Davis [mailto:ldavis@morganti.comj Sent: Friday, September 14, 20078:48 AM To: Jim_Singeltary@URSCorp.com; ben_lehman@urscorp.com; Koppel- Dave@MonroeCounty-FL.Gov; kwsheriff@bellsouth.net Cc: Bruce Harkness; Jack Rossman; Justin Kleppe Subject: Baggage Handling Building Gentlemen; Attached are meeting minutes from a meeting conducted with Director Fain, Director of Security Key West lonternational Airport to discuss the elimination of the masonry block wall at the east end of the new baggage handling building. If you have any questions, please contact me as shown. <<Baggage Handling Bldg Wall Minutes.pdf>> .te4"Da.u14 Project Manager Key West International Airport 3491 South Roosevelt Blvd. Key West, FI 33040 Office: 305-292-5969 Fax: 305-292-5988 Cell: 774-245-1250 f 4 Ted Fernandez Office of Acquisition DHS. TSA 57] .227.3202 Attachment I TRANSPORTATION SECURITY ADMINISTRATION AIRPORT LAW ENFORCEMENT PERSONNEL PROGRAM STATEMENT OF JOINT OBJECTIVES Program Narrative Statement This document defines the responsibilities and conditions that the Monroe Countv Airoort Deoartment (hereinafter referred to as the "Participant") agrees to as part of Transportation Security Administration (TSA) Airport Law Enforcement Personnel Program, hereafter referred to as the "Program." This document also defines responsibilities and participation of the TSA. The authority to enter into this agreement is granted by 49 U.S.C. SS 106(m) and 114(m). TSA has programmatic authority for the activities undertaken in this Cooperative Agreement pursuant to 49 U.S.C. SS 114(g), 44901 (g), 44903(e) and 44922(f). The effective date of the Cooperative Agreement will be the date of the signature by the TSA Grant Officer, with a pre- agreement date based upon the date of the last signature on this Statement of Joint Objectives. The Participant agrees to provide qualified law enforcement services on-site at the Kev West International Airoort) during airport operating hours and to provide law enforcement response to the security passenger-screening checkpoints in keeping with requirements provided by TSA in accordance with the current Security Directive 1542-01-07 (series), or other regulations and documents regarding law enforcement services. The TSA will provide partial reimbursement support for on-site response to airport security passenger-screening checkpoints supplied by Monroe Countv Sheriffs Deoartment pursuant to the terms of this Cooperative Agreement. Payment is subject to the availability of appropriated funds and compliance with the requirements of the applicable Security Directive(s), the Airport Security Plan, and other regulations regarding law enforcement services as noted in the paragraph above. Should the Participant fail to comply with the provisions outlined in this agreement, the Participant may face full or partial forfeiture of payment or sanctions up to removal from the Program. TRANSPORTATION SECURITY ADMINISTRATION RESPONSIBiliTIES 1. The TSA will provide partial reimbursement to Participants. TSA will provide funds as available to offset the cost to carry out Aviation LE responsibilities. 0 Actual/direct costs for fully burdened salary rate of a Police Patrol Officer FOR OFFICIAL USE ONLY Fully Burdened rate includes: - base salary for each locality - social security - 401 (k)/403(b)/457 plans - Disability Insurance - Health care benefits - Pension - Life Insurance 0 No Overhead/Administrative Costs 2. The TSA Federal Security Director (FSD), in consultation with the airport operator and local law enforcement, may determine that flex stationing is appropriate in certain circumstances, and that an armed LAW ENFORCEMENT OFFICER (LEO) or state certified armed security guard, if applicable, may therefore not have to be posted at the airport screening location. 3. The TSA will process Participant monthly invoices promptly after obtaining FSD signature, certifying that work was performed in accordance with the Agreement. 4. The TSA wi/I notify the Participant, immediately in writing, of any changes in the points of contact for invoicing or clarification of the intent of the Cooperative Agreement. 5. The TSA will provide on an as needed basis, as determined by the FSD or other TSA representative, training/briefings on relevant security topics, to include but not limited to: . Improvised Explosive Device recognition. . Flying Armed Law Enforcement Officer regulation. . Armed Law Enforcement Officer Federal Criminal statutes pertinent to Aviation Security. . Armed Law Enforcement Officer No-Fly/selectee procedures/processes. . Man Portable Air Defense System. . Screening Passengers by Observation Technique FOR OFFICIAL USE ONLY PARTICIPANT RESPONSIBILITIES: 1. The Participant agrees to maintain a sufficient number of law enforcement personnel to satisfy the responsibilities as outlined in Paragraphs 2, 3 and 4 below. Funding is intended to support LAW ENFORCEMENT OFFICER (LEO) presence for flexible stationing or dedicated checkpoint support as needed based on surges, security alerts, and other conditions. 2. The Participant agrees to provide LEO dedicated checkpoint support contingent on the final funding agreed upon. 3. The Participant agrees to provide LEO flexible stationing or dedicated checkpoint support as needed based on surges, security alerts, and other conditions. 4. The Participant will provide monthly invoices in addition to the SF270 to the FSD and to the Contract Officer's Representative in the format provided by TSA detailing the number of hours of LE services provided, the actual hourly rate, and the total amount requested for reimbursement. Monthly invoicing consists of services provided from the 1st day of the month to the last day of the month not to exceed 30 days past the invoiced period of performance. 5. The Participant will notify the TSA, immediately in writing, of any changes to the points of contact for this Agreement or in the law enforcement agency providing the services to TSA. 6. The Participant will notify the TSA, immediately in writing, if for any reason the Participant desires to terminate participation in the Program. Resolution of specific details on outstanding issues will be accomplished on a case-by-case basis. 7. The Participants or the Law Enforcement providers will not publicly disclose Sensitive Security Information (SSI) in any context, including litigation or pursuant to a state open records act request without the advance approval of TSA as provided in 49 CFR part 1520. A copy of any summons, complaint, subpoena, or other legal document served upon a State or local Law Enforcement Officer that is related to a legal proceeding that seeks records or testimony containing SSI shall be promptly forwarded to the FSD or the Federal Security Director's designee for forwarding to Transportation Security Administration's Field Counsel. FOR OFFICIAL USE ONLY 8. The Participant will coordinate all media releases and other contact with or by media on the terms and conditions of this CA shall be coordinated with the Federal Security Director. 9. As requested by the FSD or other TSA representative, the Participant will participate in security breach drill/exercises. 10. As requested by the FSD or other TSA representative, the Participant will participate in MAN PORTABLE AIR DEFENSE SYSTEM (MAN PADS) assessments and exercises. 11. As requested by the FSD or other TSA representative, the Participant will participate in new and emerging aviation security programs. (Ex. Aviation Direct Access Security Program (ADASP). 12. As requested by the FSD or other TSA representative, the Participant will provide verification of Law Enforcement Officer credentials as required by Transportation Security Administration. 13. The Participant will consult with Federal authorities to determine if a case involving an incident at the airport will be handled in Federal jurisdiction. 14. The Participant will provide support for VIP/executive protection operations. 15. The Participant will promptly furnish on request incident reports and other information dealing with Aviation Security and other criminal activities at the airport. 16. The Participant will fully cooperate with regulatory investigations. A TT ACHMENTS: The TSA may provide administrative and informational updates to the attachments (i.e., updates to the HQ Program Staff listing) without re-issuance of this agreement. Any new attachment(s) or significant changes to the current attachments will be accomplished through written modifications as provided in the Terms and Conditions of this agreement. PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary, privileged, or otherwise confidential information that may come into FOR OFFICIAL USE ONLY their possession as a result of this Cooperative Agreement, including Security Sensitive Information (SSI) as explained in #7 above. FOR OFFICIAL USE ONLY