I. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUM:MARY
Meeting Date: September 19. 2007 Division: Growth Management
Bulk Item: Yes ---.2L No - Department:
Staff Contact: _Andrew O. Trivette
AGENDA ITEM WORDING: Approval of an Addendum to the Software License Agreement
between Monroe County and Sungard Pentamation, Inc. to upgrade the permitting software and
provide onsite training to the Building, Planning & Environmental Resources, and Code Enforcement
Departments.
ITEM BACKGROUND: On January 14, 1999 the BOCC approved a Software License Agreement
with Pentamation Enterprises to replace the AS400 computer system which was not Y2K compliant.
On July 17, 2002 the Board approved an Addendum for the software upgrade and training. This new
Addendum will provide updated software, training and installation. The Pentamation Software is a
proprietary system and as a result they are the only vendor that can provide the services requested.
PREVIOUS RELEVANT BOCC ACTION:
Approval of ContractJanuary 14, 1999. Approval of Addendum July 17, 2002.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $48.920.00 BUDGETED: Yes ~ No -
COST TO COUNTY: $48,920.00 SOURCE OF FUNDS: 148-50002-530340
REVENUE PRODUCING: Yes - Nol AMOUNT PER MONTH N/ A Year N/A
- -
APPROVED BY: County Arty --.2L OMB/Purchasing ----K- Risk Management _X_
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sungard Pentamation Contract #_
Effective Date: 0
Expiration Date:
Contract Purpose/Description:
Addendum to exiting agreement for Licensed Software, Implementation and Hardware
equipment /Services
Contract Manager: Drew Trivette 2519 GMD
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/19/07 Agenda Deadline: 09104/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 48,290.00 Current Year Portion: $ 48,920.00
Budgeted? Y es~ NoD Account Codes: 148-50002-530340-(P.O. # 00019207)-_-
-
--
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 ~ ~er ? / 4j~ 7
Division Director ,/.,1,1 YesD No
Risk Mana;ent~l g ~.l() YesO No0 c::12{~U Wl-.J (1.
rr ~,\~ Gi ~~
O~BjPurchas ng 31 YesD No J'
County Attorney_~1 YesO No i .
/0 1-
Comments: f
OMB Fonn Revised 2/27/01 Mer #2
SUNGARD PENTAMATION INC.
ADDENDUM
Name and Address of Client: Licensor:
Monroe County Technical Services SunGard Pentamation Inc
2798 Overseas Highway 3 West Broad Street
Marathon, FL 33050 Bethlehem, PA 18018
Telephone: (305) 289-2504 Telephone: (610) 691-3616
Attn: Eric Udell Fax: (610) 954-8378
1. SunGard Pentamation and Client agree to amend their existing agreement, dated January 14, 1999,
to add the following as attached hereto and part of this Agreement.
Products and Services
Appendix 1 - Licensed Software, Training and Support
Appendix 2 - Implementation Services
Appendix 3 - Hardware Equipment / Services
All terms and conditions of the existing Agreement shall remain in effect (with the exception of
prices and payment terms indicated herein). Payment terms are as follows: 25% of Licensed
Software will be due upon execution of this Agreement. 75% of Licensed Software due upon
delivery of Software. The initial Maintenance and Support term shall be for a period of one year
commencing upon execution of this Agreement. Training and other professional services will be
invoiced on a monthly basis as incurred.
Monroe County is exempt from taxation. Its tax-exempt number is 85-8013825294C-7.
IN WITNESS WHEREOF AND INTENDING TO BE LEGALL Y BOUND, the parties have caused this
Agreement to be signed by its duly authorized officer.
SUNGARD PENT AMA TION INC MONROE COUNTY, FL
{) tl ~~~ --
By: By:
,
Print Name: Donald V Appleton Print Name:
Print Title: President & Chief Operatina Officer Print Title:
Date Signed: AUGust 28, 2007 Date Signed:
COUNTY ATTORNEY
06/07.926 ~~::~~
~O=~~~
Monroe County, FL
Investment Summary Page
August 28, 2007
I~{ ~~:~~~,~:~L~ ~~:,:i:==~~~l~;:i~;~;~:,~~~i~
Appendix 1 - Licensed Software, Training and Support
eCommunityPLUS Applications $9,020
eGovPLUS Applications 5,420
Recommended Implementation I Training - eCommunityPLUS 8,800
Recommended Training - eGovPLUS 800
Appendix 2 -Implementation Services
PLUS SERIES Custom Enabling 750
Custom Programming I Services 12,000
Data Conversion Services - eCommunityPLUS 3,750
Appendix 3 - Hardware Equipment/Services
Installation Services 7,750
Total $48,290
eCommunityPLUS Applications $4,375
eGovPLUS Applications 840
Total: $5.215
Detailed Investment Pages Follow
Monroe County, FL
6/07~926
APPENDIX 1 ~ LICENSED SOFTWARE
Code Enforcement (Maintemmce Reinstatement Fee) $2,800 $1,470 1.5 1.0 $4,000
ESRI Arcview GIS Interface " (Maintenance Reinstatement Fee) 1,000 525 - - -
Service Requests (Maintenance Reinstatement Fee) 2,800 1,960 1.0 1,0 3,200
Workflow Center 2 2,420 420 - 1.0 1,600
Total Without Optional Items: $9,020 $4,375 2.5 3.0 $8,800
. First year maintenance and support included at no additional cost.
eCorrmunitvPLUS Footnotes:
1 Training and implementation days include product training and installation of software on up to six (6) desktop PCs at your site. pes must have license for
ESRI's ArcView v9.x. The web-services component of the 4Js Genero compiler must be installed on the application server.
2 There is no installation fee when installed with the core suite of applications. When installed as an add-on product there is a phone installation fee of $1 ,000.
The product requires a dedicated native Microsoft Web Server running Windows and liS.
eCommunityPLUS requires the availability of an ANSI compatible 'C' Compiler.
e-Inspectors Portal 1 2,420 420 - 0.5 800
e-Service Requests 1 (Maintenance Reinstatement Fee) 3,000 420 - - 0
Total Without Optional Items: $5,420 $840 - 0.5 $800
. First year maintenance and support included at no additional cost.
eGovPlUS Footnotes
1 Add-on to eGovPLUS core application. The customer must license the eGovPLUS core application before an add-on module can be licensed. If licensing
the ePayments Interface, the customer must establish a Payflow Link account with VeriSign (approximate cost - one time setup fee of $180 plus $20/month
for up to 500 transactions). There is no installation fee when installed in conjunction with the eGovPLUS core application. When installed as an add-on
product, there is a phone installation fee of $150 per module.
Additional Training Notes:
The training fee for the above applications is $1 ,600 per day plus travel related expenses. Applicable travel expenses for training services are included in the daily
training rate.
Training days are based upon an eight hour day, which includes setup time.
Should additional daily time be needed for implementation assistance beyond the standard eight hour day, this can be scheduled with the trainer for the standard
training rate of $150/hour.
Any training required beyond those days indicated above will be performed at the then standard per diem or hourly training rate.
Training day counts are based on a maximum class size of 16 individuals (eight desktops with two individuals per desktop).
Any training schedUled more than 12 months after the execution date of this agreement will be at our then standard per diem rate.
The schedule for the above training services will occur as mutually agreed by SunGard and Client and as documented in a training agenda that will be sent to the
Client. SunGard's cancellation policy requires a 21-day advance notice to cancel scheduled training. Cancellations within 6-21 days of the scheduled service will
be invoiced at 50% of the total quoted service cost. Cancellation within 5 days, or on the scheduled date, the service will be invoiced at 1 00% of the quoted cost.
For any cancellation of on-site services, any non-refundable travel expenses will be invoiced to your organization at cost.
Monroe County, FL
6/07-926
APPENDIX 2 -IMPLEMENTATION SERVICES
Community Applications - Custom Enabling N/A 750
Total Without Optional Items: 0.0 $750
Total Without Optional Items: 7.5
File Build Method Cost
Land Manaaement (From existina computer files or County/State files)
Conversion of Encompass 4.0 data formats to CommunityPLUS 8.1 data formats for SOL $3,750
Total Without Optional Items: $3,750
Customers previously running release 8.1 or prior, require a Web Version upgrade license for those CommunityPLUS
applications for which a web version is currently available..
Requires a database of MS-SQL or IBM Informix or Oracle.
Requires a Domain Controller with Active Directory when implementing a Windows Operating System on the Server.
RSHD from Denicomp Systems for mailmerge.
Monroe Omnty, FL
6/07~926
Microsoft liS Server
ODBC link to the database server
GIS Interface
ESRI ARCView8/9 - ARCGis8/9
Components required are ARC MAP and CATALOG
ODBC link to the database server
APPENDIX 3 ~ HARDWARE EQUIPMENT J SERVICES
Setup and Installation of PLUS Environment, Installation of CommunityPLUS Applications, and
Installation of eGov Web Applications $7,750
Total Without Optional Items: $7,750
Monroe County, FL
6/07-926
PENTAMATlON ENTERPRISES, INC.
SOFTWARE LICENSE AGREEMENT ..... \D....
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Name and Address of Licensee: Monroe County Licensor: PentamCion tEnte~sest!rc.
1200 Truman Avenue, 2nd Floor 225 Mai.M~ ~~e' :;0
Key West, FL 33040 Bethle~, ~ 19 ::0
Tekphone: 305-294-4641 Teleph~atO) ~-3419
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Pentamation Enterprises, Inc. (PENT AMA TrON) by its execution of this License Agreement ("Agreement") grants to Licensee,
and the Licensee accepts, on the following terms and conditions, a non-transferable and non-exclusive License to use the computer
software programs listed in Appendix I of this Agreement on Licensee's computer system{s), This License includes the right to use
the related written materials for the licensed software programs such as user manuals. The licensed software programs and related
written materials are hereinafter collectively referred to as the "Licensed Systems". Unless the source code is purchased by the
Licensee under the terms of this Agreement or an Application Software Maintenance and Support Agreement, this license is for the
use of object code programs only.
1. License of PENTAMA TlON Application Programs
A. The License granted under this Agreement authorizes the Licensee to possess and use solely for its own use copies of the
Licensed Systems on the computer system(s) identified in Appendix I. The Licensed Systems may not be used to process
data for any person or entity other than Licensee.
B. The functions and features of the software are defined by: the PENT AM A TION Application Software Specifications and the
PENTAMATlON User Manuals. The responses in the Application Software Specifications section of PENTAMATION'S
proposal represent its best professional judgment in response to the Licensee's stated software requirements. However, there
is the potential for multiple interpretations of the stated requirements. PENT AMA TION'S Specific.ations and User Manuals
contain a detailed description of the features and functions of the proposed software, and therefore, will serve as the sole
source of software capabilities.
C. License f~., for the Licensoo Systems are specified in Appendix 1 of this Agreement, and the validity of this license is
contingent upon the payment of these fees to Pentamation.
D. If PENT AMA TION develops additional releases of the Licensed Systems which incorporate changes and enhancements, it
will make such new releases available to the Licensee under the terms of ils standard Application Software Maintenance and
Support Agreement executed by Licensee and PENT AMA TION.
E. The Licensee recogniz.es that the Licensed Systems are confidential and trade secret property which is proprietary to
PENT AMA TION. Licensee, its agents, employ.:.es, and representatives shall not disclose in whole or in part to any third
parties, any Licensed Systems which are provided by PENT AMATION under this Agreement. Any Licensed Systems which
are provided by PENT Aw'A TION may be copied by Licensee for backup purposes only and Licensee shall not otherwise
print, copy, or duplicate the Licensed Systems. The Licensed Systems may not be used to process data for any entity other
than Licensee. Client may not assign, timeshare, rent, reverse engineer, disassemble, de-compile, reverse translate, or
otherwise deeode the licensed systems.
Pentamatinn recognizes that Section 815.04 (3) (a) of the Florida State statute specifically exempts software pmgrams
such as the Licensed Systems from disclosure under Florida puhlic records law.
F, The Licensee agrees not to provide or otherwise make available any Licensed Systems, induding but not limited to
flowcharts, logic diagrams and program code, in any form, to any person other than LicenSl:le or PENT AMA nON
employees, without prior written consent from PENT AMA Tl0N. Licensee will take reasonable steps to protect the security
Governmental Resource Series 12/98
of the Licensed Systems, and will inform all employees, agents and r~rresentatives who utilize the Licensed Systems of this
requirement.
G. Within thirty (30) days after the date of discontinuance of the license granted under this Agreement, the Licensee will
furnish PENTAMATION a written certification that through its best effort, and to the best of its knowledge, the original and
all copies, in whole and in part, in any form, including partial copies and modifications, of the Licensed Systems have been
returned to PENTAMATION or destroyed, except that, upon prior written authorization from PENTAMATION, the
Licensee may retain a copy for archival purposes only.
2. Apolication Program Imolementation Services
A. PENTAMATION shall provide to Licensee installation services, training of Licensee's personnel and technical assistance in
the operation and use of the Licensed Systems as set forth and for the charges listed in Appendix 2.
B. Implementation of the PENTAMATJON Application Programs will be deemed completed when ope.rational according to the
PENTAMATION Application Program User Manuals, or when the Licensee begins processing data using said Application
Programs, whichever occurs first.
C. Delivery and installation of the Licensed Systems will occur as mutually agreW by PENT AMA TjON and Licensee.
D. PENTAMATlON will convert certain Licensee's files to the new system's files. Licensee shall provide the correct system's
files in ASCII format and on media readahle by the new hardware. Licensee shall also provide current file record
descriptions and file layouts to PENT AMA TION. The fee for file conversion services is set forth in Appendix 2.
3. Warranty
A. PENTAMATION warrants that it is the sole owner of or has full power and authority to grant the License provided for
herein and that the use of the licensed programs by Licensee will not violate or infringe any patent, copyright or other
proprietary right of any third person. PENT AMA TION will indemnify and hold Licensee harmless from and against any
loss, cost, liability and expense arising out of the breach of the foregoing warranty.
B. PENTAMATlON warrants that each Progr'dm will function as described in the then current User Manual when it is shipped
to the Licensee. In the event of a defect in a Program, PENT AMATION'S sole responsibility shall he 10 replace or correct
the defective program without charge to Licensee provided written notice of the defect is given to PENT AMA TION.
Services or corrections out',ide the scope of this warranty shall be provided only under the terms of an Application Software
Maintenance and Support Agreement executed separately. The ti}regoing warranty does not apply to defects caused by
equipment or programs not supplied hy PENT AMA TION or where equipment used hy Licensee has not been approved by
PENTAMATION. The foregoing warranty shall also not apply 10 other causes beyond PENTAMATION'S control such as
excessive simultaneous users on the system, defective or interrupted electrical p{)wer, inadequate speed of peripheral devices,
inadequate speed of data communications network, and inadequate storage capacity for data. This warranty shall continue
only so long as a paid up application Software Mainknance and Support Agreement is in effect.
C. The foregoing warranty is in lieu of all other warranties express or implied, including but not limited to, the implied
warranties of merchantability and fitness for a particular purpose. The Licensee agrees that PENT AMA TION'S liability
hereunder for damages for tilllure to replace or correct a defective program regardless of the form of action, shall not exceed
the charges paid by the Licensee tilr that program.
No action, regardless of form, arising out of the transactllms under thiS Agreemt:nt, may be hrought by either party more
than one year after the cause ()f action has accrued, except that, an action f6r non-payment may be brought within one year
after the date of the last payment.
D. In no event will PENTAMATION he hallle f(lr indirect or consequential damages even if PENTAMATION has been
advised of the possibility of such damages.
Governmental Resource Series 12/98
4. Payment Tenns
A. The Licensee agrees to pay PENT AMA TION the license fee charges as set forth in Appendix 1-
B. Invoices not paid within thirty (30) forty-live (45) days of the invoice date shall bear interest at the rate of ~ 1% per
month beginning thirty (30) forty-five (45) days from invoice date.
C. Installation, training and technical service invoices shall be suhmitted by PENT AMA TION as incurred, shall be paid within
thirty (30) forty-live (45) days of the invoice date and shall bear interest thereafter as provided above.
D. All taxes, except taxes based on the net income of PENT AMA TION resulting from the licensing or use of the Licensed
Systems by the Licensee, including, but not limited to, property, sales, or use taxes, shall be the sole responsibility of the
Licensee, and, where applicable. shall be added to PENT AMATION'S invoice.
5. Licensee ResDonsibiliry
A. The Licensee shall be exclusively responsihle for the superviSion. management, and control of its use of the Licensed
Systems, including, hut not limited to: (I) a..'isuring proper machine configuration, program installation, audit controls and
operating methods; (2) estahlishing adequate backup plans based on alternate procedures in the event Licensed Systems
malfunction; (3) implementin1:: sufficient procedures and checkpoints to satisfy its requirements for security and accuracy of
input and output as well as restart and recovery in the event of malfunction; (4) informed use of output insofar as technical
expertise or professional judgment is required: and (5) maintenance and distrihution of system passwords.
B. Licensee will provide at its expense the computer hardware system necessary for its use and operation of the Licensed
Systems, operating system software; hardware and operating system software maintenance, diagnostic modem of
PENTAMATION'S specifications, dedicated telephone line for diagnostic modem, second telephone line near the CPU,
sufficient backup media, printer, paper, ribhons and adequate work space for all personnel. All of the foregoing shall be in
place prior to installation of the Licensed Systems.
C. The Licensee will appoint an individual to serve as a central liaison with PENT AMA TION. Licensee will appoint an
individual to have the responsihilities of System Administrator as included in Appendix 3. Licensee is also obligated to
provide personnel having sufficient skills and experience to operate and manage the programs licensed hereunder.
D. Licensee shall have taken the nect:ssary steps to execute a hardware and operating system maintenance contract prior to the
initial installation visit. A current and valid contract must be maintained as long as the Licensee and PENT AMA nON have
an Application Software Maintenance and Support Agreement in effect.
E. Licensee will contract for maintenance on the Informix sotlware products for the period of time during which the Licensee
and PENT AMA nON have an Application Software Mainknance and Support Agrtltlment in effect.
F. Licensee will he responsihle for the costs of travd, lodging, and relateJ expenses for training and support provided by
PENT AMA TION at Licensee's location.
6. General Terms and Conditions
A. This Agreement and the use of the Licensed Systems may not he assigned, sub-licensed or otherwise transferred by the
Licensee to any other person or entity without thtl prior written consent of PENT AMA nON, and any assignment.
sublicense or transfer shall, in thtl ahsence of such consent, automatically and immediately terminate the License. Subject to
the foregoing, this Agreement will inure to the benefit of and he hinding upon the successors and assigns of the parties
hereto.
Governmental Resource Series 12/98
..------ .n__.c._..__. ..
,
.
B. The term "this Agreement" as used herein includes all Appendices and Addenda, and any future written amendment."
modifications, or supplements in accordance herewith.
C. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be
deemed omitted.
D. Licensee and PENTAMATION mutually agree not to engage in any recruiting efforts with Ihe other party's personnel
without receiving written consent from the individual employee's management.
E. The Licensee will designate an officer or employee as its agent to receive all written notices issued by PENTAMATION
under this Agreement. PENT AMATION will designate an ofticer or employee as its agent 10 receive all written notices
issued by the Licensee under this Agreement.
F. Any changes in the scope of work covered by this Agreement, including requests by Licensee for changes, modifications, or
additions to the Licensed Software shall be covered by a separate agreement or purchase order nlJutually agreed to by the
parties.
G. The Licensee acknowledgt><; that it has read this Agreement, understands it and agrees to be bound by ils terms and further
agrees that it is the complde and exclusive statement of the Agreement between the parties, which supersedes all proposals,
oral or written, and all other communications between the parties relating to the su~iect matter of this Agreement.
H. Dispute Resolution !lIld Cafftl'Jtll.lorv /\r~itfll.tial'l
a, Ne~otiation Between Executives. The parties shall attempt in good faith 10 resolve disputes or claims arising out of or
relating to this agreement promptly hy negotiations odween ex<\Cutives who have the authority to settle the controversy.
Any party may give the other party written notice of any dispule not rt.':solvetl in Ihe normal course of business. Within
twenty (20) days aftt.':r delivery of said notice. such executives of the parlies shall meet al a mutUally acceptable time and
place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to
resolve the dispute. If the matter has not been resolved within sixty (60) days of the original notice, or if the parties fail
to meet within twenty (20) days, any party may initiate llreitftltit)1l of tJote ealllrover:.y Of elMI'fI ~ pffividoo hel'ellfler
further action 3,0; appropriate. All nt.':gotiations pursuant to this clause are contidt.':ntial and shall be treated as
settlement negotiations for all purposes.
b. Billain!; :\rkitftltiall. If II dL'fHlh: is not r(;~ol~'oo plirSlutnt 10 pllftlgr8ph 9.8 !lhiWe, the dispute must thell he submitted fer
finsl di3ptlsiti6ft by llrhitrlllll'!l'l c:fttuh:let.-:d (:llpootliliotl.'lly illlleetmlsflCe with the Ullitoo Stllte.J AFbilrati61l Aet, 9 U.S.C, I.
'1111; I,ll, lies further agree l'Iot to eefflmel'leC Ill'l)' :luit. 8etion or pl"eoodil'lgll 8t 18"" or equity arising (Hit I')f this agreeffleot
80a this lI,grDl;:m;::>!'It mll'y he pm"cftted IU II ellfflpl.::h,l dtJell.Je 16 8ny ,lllek litigstiml. The llrkilratiflft pfO'tisioft.! eeftlttillOO
hereift :'Rall 31:1rvive the t!:":rmil'lalif}fl or cxpiftlliofl af thi:. eOl'ltract. 1ft!:": 8rbitffltioft )'lffieoodiflg:. shall be held ift
Bethlehem, ~lOfthll.mplOIl COI:lI'lIY, Pooftsylvllftia, and the 8rtlitffttor,J "hllll lIrfl1y PCllfl:iylvltflill law. The ll\'l,itnttioll shall
be eoftdl:let-etl ift 8eeGl'tblllC':; .....ith the roles for cOfflfflCreitll liliglltiGfI of the: Amcric8f1 ,\milntliofl A.136eiati6fl.
^ aeffllllltl for arbitflltion ,;h811 he ffllicle hy II rart)' if! writing "f'on lhe oth,:;r lifter eXf'irtltiofl of tRe peROO:' pre'tided ill
I'sr8gftiflh 9,a show;. The dC:ffl8ftd Bholl ifleluclC Ihe fIltmc of the IIrhitrlltor :,doete-d hy Ih" l"!Irt)' t1emal'ldif!g arbilftlti8l'l,
togeHwr '..ith II sllltcm0ftt of thl) ffilltla.l il'l cOfltrover:.y.
Withifl twern)' (~'1l of .llleh demand, 11'1<.: ~)Ihef flarty shill! f1l!.m..: an 8rhitr8tor. The arhitrolor:.4 Ilamed ;ih811 select a
third ftent!'ll.1 arbitnltof. If the; other I'/Irt) fllil.J to "!line 11/'1 urhitrttlnr, In.,; llfhilfttlor .Jhall he: llflfloiRtctl by the Ullited
8tttk.:} Di,ltrict COllrt, EIl,.krn DiJlrid of PCflfl:;yl\'tillill.
Eaeh party "hall bellr il" own Iirhitra!infl cn"l.. liI'ltl <.:xp<:Il.!l.", allt! the Cr."t.1 lilH] cXfl<:tl3e[l of tile lI.rbitffil6r :;eleeted b) it
and S09t of the eO.Jts aRt! cXf'eIlJt:Cl at' the I'leutfttlllrbitftitor. hllJgmenl lIpon tfle 1IY.'lml €If the IIrbitratar:. _)' be elltered
in tin)' emlrt of eomp<7tent jtlri.ldietiol'l,
L This Agreement will be interpreted and construed in accordance with FI()fida law.
Governmental Resounoe Series 12/98
.w
7. Term
The license granted hereunder shall he perpetual provided that Pentamation shall have the right to terminate this license in the
event of Licensee's breach of any of the terms hereunder.
8. Exoort Laws. Client agrees to comply fully with all relevant export laws and regulations and will not export the licensed
systems directly or indirectly in violation of such laws.
9. Pentamation and its suppliers shall be deemed a third party oeneficiary of this agreement including bul not limited to Paragraphs
l.e, 3.a and 3.e above.
1O.Pentamation warrants that the application software will he, to the best of our knowledge, Year 2000 compliant.
11. Attachments
The following attachments attached to this Agreement are incorporated herein:
Appendix 1 License.d Systems
Appendix 2 Application Software Implementation Services
Appendix 3 System Administrator 10h Responsihilities
Agreement is made this J"ITh day of Janusl""Y 199?
/
IN WI!NESS WHEREOF. and intending to he lega1;li~~T;~parties have caused this Agreement to he signed by its duly
authonzed officers. ' ,.... , ~ I Jf
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For MONROE COUNTY. FL C5EAL) ''-<_:... / For PENTAMATION ENTERPRISES, INC.
~KbLHA~~~K .
Executed by: ~ C , Q..n "t...O
D&-\.JTY C!..FX -
. A ~ L lJ Ct' Ak-
~'~l\ -........ _"",,",-. ".
Authorized Signature Authorized ~alure
Donald V. AppletQft
President and C.O.C>.
Pentamation Enterpl'isdl. IDe.
22S Marketplaco
/'Y1 0. '1 0 yr / c. h -a, r-".., ;,}. n Bethlehem, PA 18018
~~~._- (610) 691-3616
/Name/Title NamelTitl~
/-1'1-97 JOh! /f;
Date f D~le
Govemmental Resource Series 12/98
-~~.......-'".^.~^- - '-'.~._~_.~.~"'._'~--'-'--'_.."-
APPENDIX 1
Licensed Systems
Application License Fee
Men us/Shells $1,000
Encompass 14,000
Contractor Licensing 3,111
Code En forcement 7,000
ACTion!! Communication Tracking 9,333
Cash Receipting Interface 3,500
Total: $37,944
Informix/4J's Licenses (25 Concurrent Users) 19,715
Training Days (31 days @ $800/day) 24,800
Data Conversion Estimated (Encompass) 9,600
Expenses Estimated 11 ,271
Operating System and Engineering Services 15,089
Total: $116.019
Optional
Application Server Installation,
Setup and Network Verifications (on-site) $4,000
sea UNIX Training 3,000
APPENDIX 2
Application Software Implementation Services
A pplication Number of Days
Menus/Shells 3
Encompass 7
Contractor Licensing 3
Code Enforcement 5
ACTion!! Communication Tracking 9
Cash Receipting Interface 4
-
Total: II
Encompass Data Conversion Estimated 12
Optional - (in Bethlehem)
sea UNIX Training (up to 4 people) 4
>
APPENDIX 3
System Administrator Job Responsibilities
Effective System Administration is the key to a successful installation and smooth on-going
system operation. System Administration personnel will be the focal point for
communications between your organization and Pentamation, and will handle the daily
operation of the system.
System Administrative personnel should have or possess the potential to develop the
following knowledge and skills:
- General understanding of computer systems' architecture and configurations;
recognizing slIch pieces of hardware as CPU, memory, peripherals, scanners, etc.
- Understands general computer concepts such as relational database, operating
systems, application software, word processing, and fourth generation languages.
- Excellent verbal and written communication skills with governmental administrators,
programmers, and system maintenance personnel.
- Understands the importance of data integrity and securi ty (file backups and
password control).
- Understands what your organization requires from each Government application.
System Administration responsibilities include, but are not limited to, the following:
- Sole responsibility for communications with Pentamation Support personnel.
- Adds new users to the system and maintains security profiles.
- Completes backup and recovery procedures.
- Completes off-site backup procedures.
- Provides first level support to end users.
- Upgrades system software in conjunction with Pentamation and the computer
hardware manufacturer.
- Ensures data and equipment security.
- Diagnoses and resolves minor hardware problems.
- Manages workload effectively.
- Trains new staff on software packages.
- Trains Report Writer to department personnel.
- Maintains Documentation.
PENTAMA TION ENTERPRISES, INC.
AGREEMENT FOR BASIC APPLlCA TION SOFTWARE MAINTENANCE AND SUPPORT
Name and Address of Licensee: Monroe County Licensor: Pentamation Enterprises, Tnc.
1200 Truman Avenue. 2nd Floor 225 Marketjlllace
Key West, FL 33040 Bethlehem. PA 18018
Telephone: 305-294-4641 Telephone: (610) 691~3616
Payment of the itemized annual fee shall entitle Licensee to specified application software maintenance support services. on the
following terms and conditions, and is su~iect to renewal each year. Services will be provided by PENiAMATION Enterprises,
Inc. (PENTAMATlON). PENTAMATION may terminate this Agreement for cause if the Licensee fails to comply with any of the
terms and conditions of this Agreement or with any of the terms and conditions of the License Agreement for any of its software
products. PENTAMATJON reserves the right to withhold services pending full payment of fees.
1. Application Software Maintenance and Support
A. PENT AMA TION Application Software Maintenance and Support will be provided to Licensee when the Licensee begins
processing data using the Application.
PENTAMATION Application Software Maintenance and Support will be provided by PENTAMATION to Licensee for the
charges as shown in Appendix I. The fee for this service varies by PENTAMATION Application, and each Application
has a maximum numher of support hours provided per year for the contracted fee as shown in Appendix 2. Should the total
number of Support hours he exceeded in anyone year, additional Support Service may he provided at PENTAMATION'S
then current hourly rates.
The period for the rendering of these services shall be annual and shall he automatically renewed for an additional year
unless either party gives at least sixty (60) days prior written notice to the other that such maintenance and support services
are not to be renewed.
B. For the purposes of this Agreement, the term "Application Software Maintenance and Support" for PENT AM A nON
Application Software means that PENTAMATION will:
1. Provide standard product enhancements when and as the same are dewloped by PENTAMATION; PENTAMATION
shall dislrihute to Licensee one copy of such product enhancements or corrected programs as soon as it is available.
Licensee shall be responsible for incorporating such enhancements in each copy of the applicahle PENT AMA nON
Software licensed by Licensee.
2. Provide programming moditications mandated by changes to eXlstmg federal and state regulations in effect as of the
date of the original Software License Agreement. for all reports and associated processing that can be provided within
the intended capahilities of lhe product for the Payroll retirement and tax functions, and stale financial reporting, if
applicable. Reports will he provided that use data supported within tht: applications software, and they will provide all
necessary data and totals required to complete govern menl-inandated forms. If required, programs to transfer data to
tape media will he provideJ.
3. Provide assistance to Lil:enset: in the use of the PENT AM A TION Application Software via telephone inquiries to
PENT AM A TlON' S designattil software support offices up to the maximum numher of hours per application as listed in
Appendix 2. Telephone support services are availahle weekdays, excluding holidays, during normal business hours.
4. Investigate errors in the intended capahilitles of PENT AM A TlON Application Software upon receipl of notification
from Licensee and provide Licensee with an alternate procedure or programming modifica~ions to correct errors.
PENT AM A TION shall distTlhute to Licensee one copy of such product enhancements or corrected programs as soon as
it is available. Licenset: shall he responsihle f()r inwrporating such enhancements in each copy of lhe applicable
PENTAMATION Software licensed hy Licenset:.
All of the above services will he provided by tdephone communication contact between PENT AMA TION and Licensee.
Licensee will be responsible for all data line telephone charges involved in providing Application Software Maintenance
and Support, and PENTAMATION will invoice Licensee at cost.
2. Payment Terms
A. The Licensee agrees to pay PENTAMATION the charges as set forth in Appendi:1\. I. All charges are payable by Licensee
as a net amount due in 30 days from the date of invoice. All payments made by Licensee after 30 days from date of invoice
will be subject to a late payment tee of 1.5 % monthly until the date paid.
3. licensee Responsibilities
A. The Licensee will bave an a:->signed individual to serve as liaison between PENT AM A TION and Licensee. Licensee
acknowledges its obligation to provide personnel having sufficient skills and experience to operate and manage the
equipment andlor programs hcing provided to obtain the desired results.
B. The Licensee will be responslhle to provide a dedicated dial-up line with a modem of PENTAMATION specifications
(contact Pentamation's Engineering Services for the l:urrent r.::commended diagnostic modem) on the Licensee's computer
equipment and a .superuser" system log-in account for PENT AMA TION' S use in support of this Agreement.
C. The Licensee will be responsihle to provide a QIC, 4mm OAT. or 9-track tape drive which will be used to install new
software releases, updates, ~nhanc~ments, etc.
D. Licensee will he responsihle for the reasonahle costs of travel, lodging, and related e:1\.penses for training and support
provided by PENTAMATION to personnel at Licensee's location.
E. Licensee shall have taken the necessary steps to execute a hardware and operation system maintenance contract prior to the
initial software installation visit. A current and valid hardware and operation system maintenance contract must be
maintained as long as the Licen~e and PENT AM A TION have an Application Software Maintenance and Support
Agreement in effect.
F. Licensee will contract for maintenance on the Informix software products for the period of time during which the Licensee
and PENTAMATION have an Application Software Maintenance and Support Agreement in dIec!.
G. The Licensee shall he exclusively responsihle fi)r the supervision, management, and control of its use of the Licensed
Systems, including, hut not limited to; (1) assuring proper machine configuration, program installation, audit controls and
operating methods; (2) estahlishing adequate backup plans hased on alternate procedures in the event of computer system
malfunction; (3) implementing sufficient procedures and checkpoints to satisfy its requirements for security and accuracy of
input and output as well as restart and recovery in the event of malfunction; (4) informed use of output insofar as technical
expertise or professional judgment is required; and (5) maintenance and distrihution of system passwords.
4. General Tenns and Conditions
A. Licensee agrees that if PENT AM A TION makes non-standard application software changes and/or !;creen changes requested
by the Licensee to meet the unique needs of the Lil:ensee or if the Licensee has application software change..s or screen
changes made by non-PENTAMATlON employees. this may affect the ahility of PENTAMATION to perform future
responsibilities to Licensee for Application Software Maintenance and Support. Licensee furthtlr agrees that these non-
standard changes may require PENTAMATION services not covered hy this Agreement that will he billable to the
Licensee.
B. At the direction of the Licensee. PENT AMA TION may assume msponsibility for resolving disagreements among hardware,
operating system, and application software support personnel regarding the origin or solution of system problems. In this
case, PENT AMA TION will either correct the reported problem or will proviut) evidence that the problem is not related to
PENT AMA TION Application Software and direct the Licensee to the appropriate party for resolution. If it is determined
that the reported prohlem is not rdated to PENT AMA TION Application Software, the Licensee may be charged for
consulting services at PENTAMATION'S standard rate, plus expenses. Consulting services required to repair data
necessitated by hardware prohlems, operatlOg system software prohlems. acts of God, or improper use of the system(s) (as
defined in the user's manuals and Penlamation update hulletins) are not included as part of this agreement.
C. PENTAMATION will, at its optlOn, furnish Licensee with applicahle PENTAMATlON Standard User Documentation in
machine-readahle form or via one printed copy.
D. Neither PENT AMA TION nor Licensee will as!iign this Agreement or any right hereunder to any person, firm. or entity
without the written consent of tht other; such conStnt will not he unreasonahly withheld.
E. Neither party will be liahle to the other for any indirect, special. incidental, or conse<Juential damages. In no event will
PENT AMA TION be liable to Licensee for any hreach of this Agreement for any amount in excess of the aggregate amount
paid by Licensee under this Agr~ment for the ont~-year period preceding such breach.
F. Neither party will be responsihle for delays or failures in performance resulting from acts beyond its control, such as
strikes, fire or other casualty, communication line failures, electrical power failures, or irregularities, and the like.
G. This agreement will be governed by the laws of the state of Florida.
H. Licensee and PENTAMATION mutually agree not to engage in any recruiting efforts with the other party's personnel
without receiving written consent from the individual employee's management.
5. Appendices
The following appendice.<: attached tn this Agr~ment are incorporated herein:
Appendix "I" -- Maintenance and Support Fees
Appendix "2" .- GRS Maximum Support Hours Per Contract Year
Appendix "3" -- Custom Programming Services
This Agreement and Appendices contain all of the agreements and understandings of the parties concerning the subject matter
hereof, and there are no other promises. agreements, guarantees, or warranties. omlor written. All modifications to this
Agreement must be in writing and signed hy hoth parties.
IN WITNESS WHEREOF, and intending to he kgally hound, the parties have caused thi:-; Agreement to be signed by its duly
authorized officers.
.'
FOR MONROE COUNTY, FL: FOR PENTAMATION ENTERPRISES, INC:
~
ATTESr. [lAII,'N',' · ~. ~ 'X'. - :::: l' ..~ '{
Executed By: ~~O.~.~~-t6
L_ " ,
,~~t,"n'"': v~~ .....~~t,..~ C1
(..
Authorized Signature Auth i Signature
DonaJd V. A~eton
PNsideDt and 0.0.
r . --ltJon Bnterpritel. lac:.
22S Marketplace
BcdJJchem. PA )8018
m ~~<,;)("' / c. h c:.. ~ f' ...... 0.. '0"\ (610) 691-3616
ame'/Title Name/Title
\- \~-~~ ) 3-!J;/1:17
Date Dilte I
. '
APPErIDIX 1
Maintenance and Support Fees
SYSTEMS COVERED AND FEES
Payment of the fee shall entitle the Licensee to the specified services for the following systems.
Application Annual Fee
Menus/Shells $ 180
Encompass 2,520
Contractor Licensing 560
Code Enforcement 1,260
ACTion!! Communication Tracking 1,680
Cash Receipting Interface 630
Total: $6.830
Year One Database/Tool Maintenance $5,318
Optional
sca UNIX Phone Support $3,600
.
. .
APPENDIX 2
Governmental Resource Series
Maximum Support Hours Per Contract Year
. Menu/Shells
. Encompass
. Contractor Licensing
. Code Enforcement
. ACTion!! Communication Tracking
. Cash Receipting Interface
*Not to exceed 40 hours
,
. ,
APPENDIX 3
CUsrOM PROGRAMMING SERVICES
1.' General Terms and Conditions
A. Pentamation offers custom programming as an optional service to the Licensee. When the
Licensee requests the service, Pentamation will provide written speci fications and a fixed
cost estimate for the work to be perfonned. The Licensee is granted a non-exclusive,
non-transferable perpetual license to the customized software and source program code.
An annual maintenance and SUP)Xlrt service for custom software is provided for a fee of
15% of the standard charge for programming the custom software. This maintenance and
support service provides on-going telephone sUP)Xlrt, bug fixes, and upward migration to
updates and minor releases of the base line prcxlucts. Minor releases are indicated by
release levels to the right of the decimal point, e.g., 2.1 to 2.2. Major releases are
indicated by release levels to the left of the decimal point, e.g., 2.9 to 3.0. Custom
software will be upgraded to major releases on a time and materials basis at our then
current hourly rate.
Pentamation retains ownership of all custom-developed software and may, at its
discretion, include the software in future releases of standard products.
2. Pentamation Responsibilities
A. Pentamation will provide a written cost estimate for the work to be performed subject to a
10% variance. This estimate will be based on mutually agreed to specifications,
B. Pentamation will install the software via modem or magnetic media with hard copy
instructions provided for Licensee installation.
C. Pentamation will provide telephone instruction in the use and features of the custom-
developed software.
D, Pentamation will provide standard programmer documentation.
E. Pentamation will test all modifications for anticipated conditions using test data or data
provided by the Licensee.
F. Pentamation will provide source code for all custom-developed programs.
G. Pentamation will warrant software to perform as documented in the written specifications.
H. Pentamation will provide phone and technical support as well as any additional
programming to implement the custom-developed software in a minor release of a
standard application software product.
3, licensee Responsibililies
A. Licensee will review Pentamation-provided specification documents for errors and
omissions. After programming has started, project changes due to policy change, or
incomplete, or erroneous specifications may increase the cost of the project.
B. Licensee will test all custom-developed software after installation on the Licensee's
hardware before running in a "live" production environment.
C. Licensee will reimburse Pentamation fOf all reasonable travel and living expenses if a site
visit is required.
D. Licensee will retain a copy of the modified source code on the Licensee's machine in the
event future modifications are required.
.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19.2007 Division: Growth Management
Bulk: Item: Yes ~ No - Department: Planning & Environmental Resources
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Approval #3 of an amendment to the agreement with DRC, LLC extending the agreement for one year.
ITEM BACKGROUND:
Monroe County has a long term agreement with DRC, LLC for removal of hurricane debris. The
agreement provides the option of extending the agreement for five additional one year periods.
PREVIOUS RELEVANT BOCC ACTION:
June 2006~ Award of bid and approval of interim agreement with the firm ofDRC
September 2006- Approval of long term agreement with DRC
November 2006. Approval of amendment #1 allowing removal of vessels of trspecial consideration"
August 2007- Approval of amendment #2 allowing direct billing oftipping fees
CONTRACT/AGREEMENT CHANGES:
Amendment to extend the agreement for one year, from 09/20/2007 to 09/19/2008
STAFF RECOMMENDATIONS:
Approval
TOT AL COST: N/ A BUDGETED: Yes X No -
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty ~ OMBlPurchasing ~ Risk Management 3
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 11/06
< .
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC, LLC Contract #_
Effective Date: 09/20/2007
Expiration Date: 09/1912008
Contract PurposelDescription:
Amendment #3 to the Agreement with DRC, LLC for disaster asistance in the removal
of storm related marine debris. The amendment extends the contract for one year.
Contract Manager: Richard Jones 2805 Planning/II
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $
Budgeted? YesO NoD Account Codes: - - - -
Grant: $ Ia.r; - OifSCUO<; -=-_
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 " ~
Division Director 1- '1-r> 1
YesD No~ F', r .
~"'V-~1 ~ f; ~ ~
Risk Ma~gement :::~::~~~'
~ :f]' '"
otI.B./Pu~asing -
County Attorney YesDNo~ :;;~
,
Comments: b. 0 i!1-.tl1\ 10"'; .~. "~U cu"""cltru,t / uf'Jr;r'u(l' I;{
,'f\~i~/i\" r '<<:i
OMB Form Revised 2/27/Ol MCP #2
.
AMENDMENT TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of September,
2007, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and
DRC Emergency Services LLC (hereinafter "DRC").
WHEREAS, the parties entered into a non-exclusive contract on September 20,2006, for removal of
hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement dated September 20, 2006, has a natural expiration date of September
19,2007, with options for five consecutive one-year extensions; and
WHEREAS, there is still one major vessel rendered derelict by Hurricane Wilma during the 2005
season, and possibly other unidentified vessels requiring removal; AND
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this contract in order to remove the vessels and other debris remaining in the marine environment
from the 2005 hurricane season; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows:
1. Section 1.2 of the September 20, 2006 agreement is hereby amended by adding the following sentence:
"This Agreement shall be extended for the year September 20,2007, through September 19, 2008."
2. Section 3.5 of the September 20, 2006 agreement is hereby amended to read:
"All invoices shall be delivered to:
ML Rich Jones
Division of Growth Management
Planning Department
2798 Overseas Highway, Suite 420
Marathon, Florida 33050"
3. Section 23 of the September 20,2006 agreement, provision for notice to County, is hereby amended to
read:
"ML Rich Jones Mr. Thomas Willi
Division of Growth Management County Administrator
Planning Department 1100 Simonton Street
2798 Overseas Highway, Suite 420 Room 2-205
Marathon, Florida 33050 Key West, Florida 33040"
DRC Amendment 9-19-07
BC070940 #3 1
, .
4. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF M01\TROE COUNTY, FLORIDA
Deputy Clerk Mayor/Chairman
Attest: DRC EMERGENCY SERVICES LLC
By:
Corporate Secretary
NAME:
Witnesses:
1. Title:
2.
DRC Amendment 9-19-07
BC070940 #3 2
.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19,2007 Division: Growth Management
Bulk Item: Yes X No - Department: Planning & Environmental Resources
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Approval of a Memorandum of Agreement between Monroe County and NOAA to facilitate
cooperation and coordination for the funding and implementation of emergency response and marine
salvage efforts within the Florida Keys National Marine Sanctuary.
ITEM BACKGROUND:
Monroe County responds to derelict vessel and marine debris issues on a routine basis as well as post-
disaster. The Memorandum of Agreement will allow the County and NOAA to coordinate salvage
efforts and expedite removal activities and provides for funding arrangements.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/ AGREEMENT CHANGES:
N/A
ST AFF RECOMMENDATIONS:
Approval
TOT AL COST: N/ A BUDGETED: Yes - No -
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty 40MB/purchasing ~ Risk Management 3
DOCUMENT A TION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 11/06
BC070952 MOA - NOAA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: NOAA Contract #_
Effective Date: Immediate
Expiration Date: 09/30/2010
Contract Purpose/Description:
Memorandum of Agreement with NOAA for coordination on marine
salvage and response
Contract Manager: Richard Jones 2805 Planninglll
(N ame ) (Ext.) (Department/Stop #)
for BOCC meeting on 09/19/07 Agenda Deadline: 09/04/07
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $
Budgeted? YesO No 0 Account Codes: _-_-_-_-_
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-../" ~T
Division Director 4~ "1....07 Y esO No~ - . {;\ 0 {"j - -t:Q
Risk Man~eme1lt YesO NoE(' ~ '} \ '~\~'l'L',(,Z.2'~
(\ \\ -k"@ l ['f , ./
o!trB.lp~ji:sing ~f?f)ID~YeSONOd --F~
County Attoroey p)?h YesD NOrs/ ~--"rI #
Comments:
OMB Form Revised 2/27/01 Mep #2
.
"
MEMORANDUM OF AGREEMENT
PURSUANT TO THE
NATIONAL MARINE SANCTUARIES ACT
16 U.S.C. 1442(e)
AMONG THE
U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL OCEAN SERVICE
NATIONAL MARINE SANCTUARY PROGRAM
AND THE
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
FOR THE PURPOSE OF
COOPERA TION ON MARINE SALVAGE AND RESPONSE
NOS Agreement Code: MOA-2007-041/7512
,
I. PARTIES AND PURPOSE
A. This Memorandum of Agreement (Agreement) is among the U.S. Department of
Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA),
National Ocean Service (NOS), National Marine Sanctuary Program (NMSP),
through the Florida Keys National Marine Sanctuary (FKNMS) and the Monroe
County Board of County Commissioners, Monroe County, Florida.
B. The purpose of this Agreement is to facilitate cooperation and coordination for the
funding and implementation of emergency response and marine salvage within
the FKNMS area. The intent is to provide rapid local support, through marine
salvage contractors currently under contract with Monroe County, to minimize
potential injury to marine resources.
II. BACKGROUND
A. The FKNMS was established to protect the resources within the boundaries
described in Appendix I to Subpart P of 15 CFR Part 922 to educate and interpret
for the public regarding the Florida Keys marine environment, and to manage
such human uses of the Sanctuary consistent with the Florida Keys National
Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act
Amendments (Public Law 101-605 and 16 USC 1431 et seq.). The laws provide
legal authority to the United States to conduct emergency response and salvage to
prevent or minimize destruction, loss of, or injury to, sanctuary resources, or to
minimize the imminent risk of such destruction, loss, or injury. Nothing in these
laws are intended to restrict activities that do not cause an adverse effect to the
resources or property of the Sanctuary or that do not pose harm to users of the
Sanctuary (Public Law 101-605 (H.R. 5909)).
B. On behalf of the Monroe County Board of County Commissioners, the mission of
the Planning Department is to help protect, conserve, and restore the quality of the
waters and marine resources of the Florida Keys consistent with the Monroe
County 2010 Comprehensive Plan and provide for adequate and appropriate
recreational and commercial use of the Keys' marine environment using the best
available data and technological support.
III. AUTHORITIES
A. The legal authority for the Florida Keys National Marine Sanctuary (FKNMS) to
enter into this Agreement is the National Marine Sanctuaries Act (NMSA), 16
U.S.c. 1442(e), which allows the Secretary of Commerce, whenever appropriate,
to enter into an agreement with a State or other Federal agency to use the
personnel, servIces, or facilities of such agency on a reimbursable or
2
.
nonreimbursable basis, to assist in carrying out the purposes and policies of the
NMSA
B. The programmatic authority for the Florida Keys National Marine Sanctuary
(FK.NMS) to enter into this Agreement is the NMSA, 16 U.S.C 1431 et seq,
which includes the following Purposes and Policies (16 U.S.C. 1431(b)(2), (3),
and (7)):
1. to provide authority for comprehensive and coordinated conservation and
management of these marine areas, and activities affecting them, in a
manner which complements existing regulatory authorities;
2. to maintain the natural biological communities in the national marine
sanctuaries, and to protect, and where appropriate, restore and enhance
natural habitats, populations, and ecological processes;
3. to develop and implement coordinated plans for the protection and
management of these areas with appropriate Federal agencies, State and
local governments, Native America tribes and organizations, international
organizations, and other public and private interests concerned with the
continuing health and resilience of these marine areas.
IV. TERl\1:S AND CONDITIONS
A FK.NMS will:
1. Work with Monroe County and their respective contractors to address
emergency response and salvage efforts that impact sanctuary resources.
NOAA will review response and salvage plans to address threats from
marine debris, abandoned and derelict vessels and/or other potential
marine resources impacts;
2. Work with Monroe County and other resource trustees to address
emergency response and salvage efforts on a case-by-case basis, with
every effort made to expedite activities to limit on-going injury to
Sanctuary resources.
B. Monroe County:
1. Will work with NOAA and provide access to response and marine salvage
contractors;
2. Will maintain contracts with appropriate sub-contractors in order to meet
necessary emergency response time frames. Typical responses would
3
. .
include the recovery of small to medium sized vessels or debris that
threaten Sanctuary resources, particularly fore reef and patch reef areas.
Large threats or impacts from vessels on the scale of 80 to 100 feet or
larger may be handled by other means on a case-by-case basis as
determined by the two Parties;
3. Is not obligated to initiate a salvage operation using its contractors if it
does not believe that it has the appropriate or adequate material resources
to complete the salvage job safely or to provide maximal protection of
threatened or impacted living marine resources during the salvage
operation.
C. Emergency threats only to include:
a. Removal of marine debris which threatens or has impacted
sanctuary resources;
b. Removal of immediate threats to safe navigation; and
c. Removal of any vessel (80 to 100 feet or smaller) which threatens
or has impacted sanctuary resources on a case-by-case basis.
v. FUNDING, PROGRAMMING, PAYMENT, AND REIMBURSEMENT
ARRANGEMENTS
A FKNMS and the NMSP Resource Protection Team will provide payment upon
receipt of invoice from the Marine Resources Office of Monroe County. In the
event that FKNMS or the NMSP Resource Protection Team wish to dispute an
invoice amount, the FKNMS or the NMSP Resource Protection Team will contact
the Marine Resources Office of Monroe County to discuss the dispute.
B. The Marine Resources Office of Monroe County will provide coordination and
cooperation regarding joint response and salvage efforts and timely invoices to
FKNMS or the NMSP Resource Protection Team at NOAA's request for
emergency response and salvage efforts.
4
,
Accounting and Fiscal Data
1. The FKNMS will provide funding to the Monroe County Board of County
Commissioners on a case-by-case basis for the period beginning on June
11, 2007 or the effective date of this Agreement, whichever is later, and
ending on September 30, 2010.
2. Monroe County
EINI: 59-6000749
DUNS2: 073876757
3. NOAA
EIN: 52-0821608
DUNS: 78-4769085
C. The funds for this Agreement will be made available on an as needed basis, to
address emergency response and salvage incidents. These incidents can be
somewhat weather dependent and cannot be predicted from year to year.
D. In consideration of previous years' expenditure for emergency response, FKNMS
and Monroe County will develop an annual budget and SOW under the
Agreement. The development and completion of both should occur by May 30 of
each year for inclusion in an amendment to this Agreement to become effective at
the beginning of each fiscal year, October 1.
E. Individual activities authorized by this Agreement will be submitted as work
orders (WO) that must be approved by NMSP Resource Protection Coordinator,
NMSP Deputy Director, appropriate NOAA General Counsel Office (GC for
Ocean Services or GC for Natural Resources), and the Monroe County
Administrator prior to beginning work covered under this Agreement. Individual
WOs must include:
1. Detailed list of activities to be undertaken;
2. Complete Fiscal and Accounting Data, including full CBS ACCS for
charges (task code will be incident-specific), Appropriation Codes, type of
funds and expiration dates, etc.;
3. Detailed budget for activities to be undertaken.
I Employer Identification Number (Tax ID Number)
2 Dunn and Bradstreet's Data Universal Numbering System
5
. :
F. This Agreement and any extensions thereof are subject to the availability of
funds.
VI. CONTACTS
A. The points of contact for activities under this Agreement are:
FKNMS Monroe County
David A Score Richard Jones
Superintendent Senior Planner
Florida Keys National Marine MOilloe County Planning Department
Sanctuary Marine Resources Office
33 East Quay Road 2798 Overseas Hwy.
Key West, Florida 33040 Marathon, Florida 33050
Telephone: (305) 809-4700 Telephone: (305) 289-2805
Facsimile: (305) 293-5011 Facsimile: (305) 289-2536
David.A.Score@noaa. gOY lones-rich@monroecounty-fl.gov
B. The Parties agree that if there is a change regarding the information in this
section, the Party making the change will notify the other Party in writing of such
change.
VII. THIRD PARTY LIABILITY
Monroe County shall hold and save the NMSP, its officers, agents, and employees
harmless from liability of any nature or kind, including costs and expenses to which they
may be subject, for or on account of any or all suits or damages of any character
whatsoever resulting from injuries or damages sustained by any person or persons or
property by virtue of performance of this Agreement, arising or resulting in whole or in
part from the fault, negligence, wrongful act, or wrongful omission of MOilloe County,
any of its subcontractors, employees, and agents.
VIII. DURATION OF AGREEMENT, AMENDMENTS, OR TERMINATION
A. This Agreement will become effective on June 11, 2007, or after execution by
both Parties, whichever is later, and will expire on September 30,2010.
B. The Agreement may be amended within its scope or renewed prior to the
expiration date, through the written mutual consent of the Parties.
C. The Agreement may be terminated by (l) written mutual consent; (2) one Party / S
written notice six months in advance; or (3) completion of the Terms and
Conditions of the Agreement.
6
. .
. (
.
D. The Parties will review this Agreement at least once every three years to
determine whether it should be revised or terminated.
IX. OTHER PROVISIONS
If the Parties disagree over how to interpret this Agreement, they shall present their
differences to each other in writing, and they shall discuss them. If the Parties fail to
resolve their differences within thirty (30) days, they may refer the matter to higher level
of authority within their respective organizations.
X. APPROVALS
ACCEPTED AND APPROVED FOR: ACCEPTED AND APPROVED FOR:
U. S. DEPARTMENT OF COMMERCE BOARD OF COUNTY COMMISSIONERS
NATIONAL OCEANIC ATMOSPHERIC OF MONROE COUNTY, FLORIDA
ADMINISTRATION
NATIONAL OCEAN SERVICE
NATIONAL MARINE SANCTUARY
PROGRAM
BY: BY:
Daniel J. Basta, Director Mayor Mario DiGennaro
(Seal)
ATTEST: DANNY L KOLHAGE, CLERK
By:
Deputy Clerk
COUNTY ATTORNEY
;),.P""OVED AS TO ~
7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19. 2007 Division: Growth Management
Bulk Item: Yes X No - Department: PlalU1ing
Staff Contact Person: Andrew O. Trivette
AGENDA ITEM WORDING: Approval of a resolution to refund Development Agreement
Application fees to Richard C. Beal (Skeeter's Marine Repair).
ITEM BACKGROUND: Mr. Beal submitted a Development Agreement Application for a project
that has been deemed non-viable by Growth Management.
PREVIOUS RELEVANT HOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOT AL COST: N/A BUDGETED: Yes - No -
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty -2L OMBIPurchasing _ Risk Management __
DOCUMENTATION: Included Yes Not Required_
DISPOSITION: AGENDA ITEM #
Revised 8/06
RESOLUTION NO. -2007
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS PERMITTING THE REFUND OF
PLANNING FEES
WHEREAS, Richard C. Beal (Caya Place, LLC d/b/a Skeeter's Marine Repair)
submitted a Development Agreement Application dated 4/1 DiD? with applicable fees; and
WHEREAS, the Growth Management Department has deemed it infeasible to
enter into a Development Agreement with Caya Place, LLC; and
WHEREAS, Monroe County Code 6-27(f) allows fees to be refunded with
approval of the Boce and upon recommendation by the County Administrator
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
1. The Board of County Commissioners does hereby approve the refund of
fees.
2. This resolution shall become effective on the date adopted.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 19th day of September, 2007.
Mayor Mario De Gennaro -
Mayor Pro Tern Dixie M. Spehar -
Commissioner Charles "Sonny" McCoy -
Commissioner George Neugent -
Commissioner Sylvia Murphy -
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
(SEAL)
ATTEST: DA'N'NY L. KOLHAGE, CLERK
By: .....m..mm__._________________ ..
Page I of I
Reviewer:
A:PPROV AL FOR REFUND IN THE AMOUNT OF
$ THIS
DAY OF . 2007.
COUNTY ADMIN I STRA TOR
REQUISITION FOR REFUND FROM COUNTY TREASURY
STATE OF FLORIDA, COUNlY OF MONROE
PURSUANT TO SECTION 193.40, FLORIDA STATUES,
Mr. Richard C. Beal OF Post Office Box 430273 Big Pine Key~ FL 33043
(pAYEE) (rvlAILING ADDRESS/P.O. BOX #)
HEREBY MAKES APPUCATION TO THE BOARD OF COUNIY COMMISSIONER FOR A REFUND
OF$ 8172.75 OF MONEYS PAID TO TIlE COUNTY, AND AS GROUNDS THEREFORE
SET UP THE FOllOWING FACTS: (STATE REASONS FOR REFUNI?)
Mr. Richard Beal filed a Development Agreement Application with our office in April of 2007.
We proceeded with the processing of that application. Mr. Andrew Trivette the Growth
Management Director met with Mr. Beal and they determined that the application and project
are not viable at this time. We are requesting a refund in the amount of $8172.75.
The original application fee submitted by Mr. Beal was in the amount of $9615.00, we are
retaining 15% for staff time and processing fees~ leaving the refund amount of $8~172.75.
./J /;;7 Z
( ( /-.., .
-\~j;r l v"y,I~~~/ ..'
;;'/ BUILDING OFFICIAL
AITACHED HERETO IS ADDITIONAL PROOF TO ESTABUSH SUCH CLAIM, AS FOllOWS:
STATE OF FLORIDA
COUNTY OF MONROE
SWORN AND SUBSCRIBED BEFORE ME THIS 13th DA Y OF July , 2001 .
BY
Joe Paskalik~ Building Official
MY COMMISSION EXPIRES: SIGNA11JRE OF NOTARY PUBLIC - STAW:>F FLORlDA
BE PAID FROM ACCT:
County of Monroe
Growth Management Division
Plannine & Enyironmental Resources Board of County Commissioners
Department Mayor Mario Di Gennaro, Dis!. 4
2798 Overseas Highway, Suite 4]0 Mayor Pro Tern Dixie Spehar, Dist. 1
Marathon, FL 33050 George Neugent, Dist. 2
Voice: (305) 289.2500 Charles "Sonny" McCoy, Dist. 3
FAX: (305) 289-2536 Sylvia J. Murphy, Dis!. 5
We strive to be caring, professional and fair
July 12, 2007
Richard C. Beal
Caya Place, LLC
P.O. Box 430273
Big Pine Key, FL 33043
RE: Richard C. Beal (Skeeters Marine) Development Agreement Application
Dear Mr. Beal:
The Planning Department is in receipt of your application dated 4/1 0/07 to the Monroe County Planning
Commission. However, pursuant to the Memorandum dated 6/26/07 from Andrew Trivette your
application cannot be processed any further by our Department, I am returning your completed
application to you. We are also in the process of submitting a request to the BOCC for a refund of your
application fee in the amount of $9615.00.
Please do not hesitate to contact me at (305) 289-2522 if you have any additional questions.
Sincerely,
~ "'
Nicole Petrick
Planning Commission Coordinator
CERTIFIED MAlL
c.____~__.,.~_
"
CJ . \~a1
Cl
q(p 1 CO Cl - --- ....__..._..._.._~ 1 \ o<,~""
Cl ",,_ "'Fc-,,"-' '--~,_J' ,~,._,
here
I qq-;;l ,~~ / c~ Cl ._---,-"~^~ --~---_..__.~,,~
r'1
S
ru
c:.. ru~_..._ Richard C. Beal . 1)' j.
~17~ Cl .'(..:" c/o Skeeters Manne ;~1 Q . .--
l-.J CJ
..' f"- P.O. Box 430273 ~ '" ...
Big Pine Key, FL 33043
.
Planninl! & [n\'ironmentlll Resources Board of County Commissioners
Department \1a) or ~lario Di G~nnaro. Dist. ..J
:!798 O\t:rs~us Highway. Suitt:..J 10 \-Iu) or Pro T em Dixie Sp~har. Dist. I
:vlarmhon. FL 33050 G<:orge l'<:ugenl. Dist. 2
Voice: (305) 289-2500 Charles "Sonn) .. McCoy_ Dist. 3
FAX: (305, :!89-2536 Syl\ia J. Murphy. Dist. 5
June 26, 2007
Richard Beal
PO Box 430273
Big Pine Key, FL 33043
SUBJECT: DEVELOPMENT AGREEMENT BETWEEN CA Y A PLACE LLC AND MONROE COUNTY
AT 30641 & 30663 US HIGHWAY 1, BIG PINEKEY, COMMONLY KNOW AS SKEETERS
MARINE, RE #'s: 00111078.000000 & 00111078.000300
Dear Mr. Beal,
The Planning and Environmental Resources Department is in receipt of your revised application dated
June 1, 2007 for a Development Agreement between Monroe County and Cay a Place LLC for the
reservation and commitment to issue 8,250 square feet of nonresidential and 35 residential Rate of
Growth Ordinance (ROCO) allocations, of which seven (7) were to be market rate and 28 were to be
affordable.
We regret to inform you that at this time Monroe County can not enter into a Development Agreement
as proposed due to the mitigation requirements of an Incidental Take Permit (ITP) the County, Florida
Department of Community Affairs (DCA), and the Florida Department of Transportation (FDOT) have
been issued from the United States Fish and Wildlife Service (USFWS).
In response to a moratorium on new development activities on Big Pine and No Name Key, due to a
drop in the Level of Service on US Highway I, FDOT proposed the three-laning of US Highway I, in
order to improve the Level of Service and allow for additional permitting of development activities and
at the same time protect and conserve Key deer and their habitat. However, in order for any new
development to occur, including road widening improvements to US 1, an ITP from the USFWS was
required. Consequently, Monroe County, the FOOT, and the DCA applied for an lTP. To comply with
the issuance criteria of the ITP, Monroe County and the co-applicants were required to develop a
Habitat Conservation Plan (HCP) to mitigate the incidental take of the Key deer resulting from
development activities. The mitigation measure proposed by the co-applicants was land acquisition.
The applicants proposed to acquire and conserve habitat lands totaling three (3) times the harvest value
(H value) impacted by development.
On June 9, 2006 LJSFWS issued the parties the ITP pennit in response to a Habitat Conservation Plan
(HCP) that describes the mitigation and minimization measures proposed to address the effects of
future development. As a result, individual landowners do not necessarily need to receive an
\V:\CRO\.....TH ,1.A,~."'CE...1E\.T\C", ,'.) p"'l'r K,'\', '.')2" Big 1'!I1'" l'S ! FrllJ1l.lgt'\ LS 1 \1 '1'\ I (Sh'1..t('r\ 'I,m I"')\. D''','I'I''pnwnt A.gn"'n1I'nt
.
individual ITP from the Fish and Wildlife Service but rather they are covered under the County's
comprehensive ITP.
The HCP included conservation measures to protect Key deer movement corridors and provide habitat
mitigation at a 3:1 ratio. Your proposed Development Agreement would not be in compliance with the
3:1 mitigation-to-impact ratio. Until such time that the County, DCA and the FOOT have the required
amount of protected lands to maintain a 3;1 habitat mitigation ratio, we can not enter into an
Agreement that would result in non-compliance with our Incidental Take Permit from the United States
Fish and Wildlife
We thank you for your application and your understanding to this matter.
Sincerely,
~
Andrew Orner Trivette
Growth Management Division Director
AOT/hb
CC: Aref Joulani, Sr. Director of Planning and Environmental Resources
Lisa Tennyson, Affordable Housing coordinator
Clarence Feagin, Senior Planner
Heather Beckmann, Principal Planner
Susan Grimsley, Asst. County Attorney
.
MONROE COUNTY ***LIVE***
Page 1 of 1 MISCELLANEOUS RECEIPT
RECEIPT # : 99344 PRINT DATE : OS/21/2007
PRINT TIME : 08:50:45
RECEIPT DATE : OS/21/2007 OPERATOR : tedescod
COpy # : 1
RECEIVED BY : tedescod CASH DRAWER: 2
REC'D. FROM: MAR-CAY.SKEETERS
UDF 106.1 :
UDF 106.2 :
NOTES : 27032 DEV AGREE
FEE ID AMOUNT THIS RCPT BALANCE
-....--.......-- ----....--- -----....--- ---....----
RESEARCH-2 20.00 20.00 0.00
ZONING -1 30.00 30.00 0.00
ZONING-022 8830.00 8830.00 0.00
ZONING-031 735.00 735.00 0.00
--....._---..... ...........-----.... ---...................._-
..........-----...... -..--...........--- -................_--.......
TOTALS: 9615.00 9615.00 0.00
METHOD OF PAYMENT AMOUNT NUMBER
----------------- ..---------....-- ------------------
CHECK 9615.00 007374
--...........-.....----......--
...........-----.....-----
TOTAL RECEIPT : 9615.00
.l :1(<1 !.'nll "': (;;{oi:<!; r. '>1'"1:..:0] 1:.];; ::lot: , .r., ;~<i ;(.p I ~I'l ::l;1 i Ii 1::l'.I'l~' (..,: I=! ',1(>i'.111i :1 ::q>ll (1'1 ~ :/":.1 =l :D-"'llll:::( ::I.:.~";. ;::'J: .>J "I .', 1-.
MAR-CAVA, INC. BANK OF AMERICA, NA 007374
BIG PINE KEY, Fk 33043.0273
D.B.A. SKEETER'S MARINE REPAIR 63-41S3lJ '11/-07
P.O, BOX 430273
BIG PINE KEY, FL 33043-0273
PAY TO THE ~I?-oC eVM-ry' ~~A'(7 dF s1t/6: c€-
ORDEA OF .--~
MilL- M~~p &~ I!vwLJ~-? 77PTaP1 "-- DOLLARS
1ll.!- Fu - ez30. ~.
?3~~'
t-U L_O. '"
. ,~'FPt- -ti- ~o. "" M"
MEMO#? 'FKf'l ?::' 1C-~rlO' - 6 ____-.--.-----"-rr"
u"OO 7 :l7 ~Il" 1:0 b 30000 ~ 71: o 0 :l ~ ... 5 :l8 ? 8 :l 5 Il"
Page 1 of I
Lee-Michelle
From: Coughlin-Ernie
Sent: Monday, July 16, 2007 12:06 PM
To: Lee-Michelle
Subject: RE: Resolution to Bring $ into 148-54500-590994
Michelle,
We will do the resolution for the August SOCC meeting.
Ernie
From: Lee-Michelle
Sent: Monday, July 16, 2007 10:40 AM
To: Coughlin-Emie
Cc: Bean-Tina
Subject: Resolution to Bring $ into 148-54500-590994
Hi Ernie,
I just received a request for a refund for Development Agreement fees in the amount of
$8,172.75. My line item is short $6,059.75. I could move the $2,918 from 54500-590993, but
that would leave the refund cost center dry.
Can you bring in the $6k from reserves? Please let me know.
Thanks in advance!
. #400
33050
289--2584,. Fx 654
lee-mi chelle@monroecounty-fl.gov
HELP US HELP YOU!
Please take a moment to complete our Customer Satisfaction Survey:
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7 i1 ()nOO7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19 , 2007 Division: Growth Management
Bulk Item: Yes l No - Department: Planning
Staff Contact Person: Clarence Feagin, Ph,D.. AICP
AGENDA ITEM WORDING:
Approval of one (1) year extension to file for final plat approval for Key Haven Estates, Inc.
ITEM BACKGROUND:
Preliminary plat approval with specified conditions was granted by the Planning Commission on
September 13, 2006. In the meantime the applicant has made substantial progress toward satisfYing
conditions for final plat approval, but needs additional time to obtain necessary permits from State
agencles.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval of one (1) year extension to file for final plat approval on September 13, 2008.
TOTAL COST: N/A BUDGETED: Yes - No N/A
COST TO COUNTY: None SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes - No No AMOUNT PER MONTH - Year N/A
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
DOCUMENT A TION: Included Yes Not Required_
DISPOSITION: AGENDA ITEM #
Revised 8/06
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
To: The Board of County Commissioners
From: Clarence Feagin, Ph.D., AICP, Senior Planner
Through: Andrew Trivette, Acting Director,
Growth Management Division
Date: September 19,2007
RE: APPROVAL OF EXTENSION OF FINAL PLAT APPROVAL FOR KEY
HA VEN ESTATES
Background
The Planning Commission granted preliminary plat approval for a subdivision
of land on Key Haven on September 13, 2006. The applicant is Key Haven
Estates,Inc. The development project is a subdivision plat known as Key Haven
Estates and Enchanted Isle. The preliminary plat was approved with specific
conditions to be satisfied before filing for final plat approval. The conditions
included requirements for obtaining necessary permits from State agencies and
the provision of financial guarantees and maintenance agreements for
infrastructure improvements.
The applicant has made substantial progress toward satisfying the conditions for
filing for final plat approvat but needs more time to obtain the necessary permits
from State agencies.
Pursuant to Section 9.5-83 (f) Limitation on Approval of Preliminary Platl Monroe
County Code, the applicant has one (1) year after preliminary plat approval is
granted to file for final plat approvat and unless an extension is granted by the
Board of County Commissionersl the approval of the preliminary plat is
automatically rendered null and void. Therefore, the applicant is requesting an
extension to file for final plat approval.
Staff Recommendation
Approval of extension to file for final plat approval for Key Haven Estates.
Staff is recommending a one (1) year extension for the applicant to file for final
plat approval on September 13, 2008.
Reviewer:
Page 1 of 1
I --- ~
Key Haven Estates, LLC
201 Front Street, Ste 330
Key West, FL 33040
Phone: (305) 797-1229
Fax: (305) 295-7384
Clarence Feagin July 13, 2007
Senior Planner
Marathon Government Center
2798 Overseas Highway Suite 400
Marathon, FL 33050
RE: Preliminary Plat of Key Haven - One Year Extension Request
Planning Commission Resolution # P39-06 - Attached
Dear My. Feagin,
I am writing you to request a one year extension to Resolution No. P39-06 which
approved the Preliminary Plat of Key Haven 4th Addition Lots 19-23, 9th Addition Lots 3-
8 and 11-24, and Enchanted Island lots 39-44, 63-72, and 77-83, Located within sections
25 and 26, Township 67, Range 25 East, Monroe County Florida. The Planning Board
passed Res. No P39-06 on September 13th 2006. Please find attached said resolution for
ease of reference.
Due to the time involved in getting the bond form approved, SWFMD permit, and design
engineering the infrastructure we will require a one year extension of the preliminary plat
approval. If possible we would like to have this matter placed on the next available
agenda.
Thank you for your consideration and attention
Sincerely Yours,
Edwin O. Swift IV
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19,2007 Division: Growth Management
Bulk Item: Yes: X- No: Department: Planning & Env. Resources
Staff Contact Person: Townsley Schwab
AGENDA ITEM WORDING: Approval of Supplement #1, in the amount of $150,000.00, to Contract AN082.
(Bicycle Pedestrian Planner/Coordinator) This supplement will be used to pay the salary for the Bicycle Pedestrian
Coordinator through September 1,2009.
ITEM BACKGROUND: The Florida Department of Transportation has provided grant funding to Monroe
County since 1998 for the position ofthe Bicycle & Pedestrian Coordinator. This position facilitates the completion
of the Overseas Heritage Trail, providing leadership related to the Livable CommuniKeys program. serving as a
liaison to the Florida Department of Transportation on various transportation planning issues and providing
leadership to the Florida Keys Scenic Highways Program.
PREVIOUS RELEVANT BOCC ACTION: The Florida Department of Transportation entered into a Joint
Participation Agreement with Monroe County in 1998 and has each year provided the funds for the purpose of
hiring a Bicycle & Pedestrian Planner. Each year since 1998 the Board has approved the contract supplement to
continue this funding. This supplement will continue the funding through September 1, 2009.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $150,000.00 BUDGETED: Yes ~ No_
COST TO COUNTY: $0.00 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
- &r ,,\ -
C>
APPROVED BY: County Arty X ~v( OMB/Purch~ng X Risk Management X r(l(~
!
'J
DOCUMENTATION: Included X To Follow Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FOOT Contract #_ AN082
Effective Date: 09/19/07
Expiration Date: 09/01/09
Contract Purpose/Description:
FDOT Supplement #1 to existing grant to fund the Bicyle Pedestrian
Planner/Coordinator position.
Contract Manager: Townsley Schwab 2506 Planning and Env. Res. Dept.
Stop No. 11
(Name) (Ext) (Department/Stop #)
for BOCC meeting on 09119/07 Agenda Deadline: 09/04/07
CONTRACT COSTS
Total Dollar Value of Contract $ 150,000.00 Current Year Portion: $ 0.00
Budgeted? YesO No 0 Account Codes: 125-50503-530490-GW0501-530340
Grant $ 150,000.00 _-_-~-_-_
CountyMatch:$ 0.00 _-_-_-_-_
- - - -
-~~~~
ADDITIONAL COSTS
Estimated Ongoing Costs: $O.OO/yr For:
(Not included in dollar value above) (eg. maintenance, utilities. janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed ~
Division Director 4"''1'''(:/7 YesO Noif '~, ,~f . i i \ .... \ f "''1-d?
f h~' 'I' '<'
Risk Mana&ement YesO No0 lj j It~;11 LL~~~
KfB r\~~..1\f\ ~"'~~
\.I ~~ i J ~
O. . JPurcn sing ~lo;presO No[2r -r--- I .' . .'
County Attorney YesO NoB
Comments:
OMB Form Revised 2/27/01 Mep #2
$T A TE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7.25-030~C?
PUBLIC TRANSPORTATION PU8L1C TRANSPORTATION
04107
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page 1 of 4
Number 1
Financial Project No.: Fund: 0 FLAIR Approp.: 088854
25207711401 Function: 615 FLAIR Obj.: 730015
(item~seg merlt. phase- sequerlce) Federal No.: Org. Code: 55062010630
Contract No: AN082 ~-- .~
DUNS No.: Vendor No.: 596000749054
--~~
Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number:
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION, an agency of the State of Florida,
hereinafter referred to as the Department. and Monroe County ~---
2798 Overseas Highway, Suite 410, Marathon Florida 33050
hereinafter referred to as Agency.
WITNESSETH
WHEREAS, the Department and the Agency heretofore on the 3rd day of November ,2004
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto, and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $300,000.00
NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
This contract provides 100% funding to Monroe County for the position of the Bicycle/Pedestrian Coordinator
725-030-07
PUBLIC TRANSPORTATION
04/07
Page 2 of 4
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by $150,00000
bringing the revised total cost of the project to $ 300,000.00
_c,.~~~~"~~~_~~~,___.~~_~.~oc_'~.~,.~~
Paragraph 4.00 of said Agreement is increased by $150,00000
~~~~
bringing the Department's revised total cost of the project to $ 300,000.00
3.00 Amended Exhibits:
Exhibit(s) 8 of said Agreement is amended by Attachment "A".
~---~~-~~~--~
4.00 Contract Time:
Paragraph 18.00 of said Agreement September 1 st ,2009
725-030-07
PUBLIC TRANSPORTATION
C4iO?
Page 3 of 4
Financial Project No. 25207711401
Contract No. AN082
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated November 3rd 2004
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY FOOT
Monroe County See attached Encumbrance Form for date of Funding
AGENCY NAME Approval by Comptroller
SIGNA TORY (PRINTED OR TYPED) LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
TITLE TITLE
.125~(]30,.ol
PUBLIC TRANSPORTATION
04107
Page 4 of 4
Financial Project No. 25207711401
Contract No. AN082
-"~~~-
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and Monroe County
2798 Overseas Highway, Suite 410, Mar~thon Florida 33050
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
Contract is being supplemented by $150,000 which will be used to pay the salary for the Monroe County Bike/Ped
coordinator through September 1, 2009.
I. Project Cost: As Approved As Amended Net
$150,000.00 $300,000.00 $150,000.00
Total Project Cost $150,000.00 $300,00000 $150,00000
I. Fund As Approved As Amended Net
Department: $150,000.00 $300,000.00 $150,000.00
Agency $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
Total Project Cost $150,000.00 $300,000.00 $150,000.00
Comments:
725-03Q~OT
PUBLIC TRANSPORTATION
C4r07
Add~bol;al Page
HI. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING
If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds
are programmed in the Department's Work program in the following fiscal year(s):
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds.
FM#252077 -1-14-01
Contract # AN082
EXHIBIT "B"
ESTIMA TED ANNUAL PROJECT COST AND BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement bet\veen the State of Florida,
Department of Transportation and the i\lonroe County Planning Department, 2798 Overseas High\vay, Suite
410. Marathon, Florida, 33050-2227, dated
I. ESTIl\IA TED PROJECT BUDGET:
Salary:
Original Amount $148,000.00
Supplement # I $148,000.00
Travel Expenses:
Original Amount $ 2,000.00
Supplement #1 $ 2,000.00
ESTIMA TED TOT AL PROJECT COST: $300,000.00
II. FUND PARTICIPATION:
Maximum Federal Participation
(0%) or $0.00
Public Agency Participation
In-Kind (0%) $0.00
Cash (0%) $0.00
Other (0%) $0.00
Maximum Department Participation,
Primary
(D) ( I 00% or $300,000.00
Federal Reimbursable (DU) (FRA) (OFT A) (0%) or $0.00
Local Reimbursable (DL) (0%) or $0.00
_'0 -~~~~~~---
TOT AL PROJECT COST $300,000,00
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FM# 252077 -1-14-01
Contract # AN-082
EXHIBIT "B" {. " (. bJ
ESTl:YIA TED ANNVAL PROJECT COST AND BUDGET
This e:x..hiblt forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and the Monroe County Planning Department. 2798 Overseas Highway, Suite
4\ 0, ivlarathon, Florida, 33050-2227, dated t.l- 3 -n 60'1
I. ESTI1\1A TED PROJECT BUDGET:
Salary $ 148,000.00
Travel Expenses $ 2,000.00
ESTUvlA TED TOTAL PROJECT COST: $ 150,000.00
II. FUND PARTICIPATION:
Maximum Federal Participation
(0%) or $0.00
Public Agency Participation
In-Kind (0%) $0.00
Cash (0%) $0.00
Other (0%) $0.00
Maximum Department Participation,
Primary
(0) (100% or $150,000.00
Federal Reimbursable (DU)(FRA)(DFf A) (0%) or $0.00
Local Reimbursable (DL) (0%) or $0.00
~
TOT AI, PROJECT COST $150,000.00
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FM#2520n.1-14-01
Contract # AN-082
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
ThlS exhlhli l\lrms an integral part of that certain Joint Participation Agreement between the State of Flonda,
Departml'll\ \)j Tr;msportation and the Monroe County Planning Department, 2798 Overseas llighwav , Suite
410, rvL.tr~llh\)n. Florida, 33050-2227, dated Il ~ 1. - "o"~ .
PROJECT LOCATION: Monroe County, Florida
PRO] ECT DESCRIPTION: Monroe County BicyclelPedestrian Coordinator
ThlS contrdC! rrovides 100% funding to Monroe County for the position of BicycIefPedestrian Coordinator.
SCOPE OF SERVICES
Task 1: Coordinate efforts related to the O,,'erseas Heritage Trail. 35%
Activities:
. Attend Department of Environmental Protection-led Community workshops and meetings
. Provlde technical assistance to DEP and FDOT
. Coordinate among DEP, Monroe County and FDOT
. Coordmate with Monroe County Public Works
. Assist with the Scenic Highway effort as it relates to the Overseas Heritage Trail
Task 2: Coordinate programmatic and procedural aspects or a bicycle/pedestrian, transportation
planning program with the Growth l\lanagement Division and the Florida Department of
Transportation. 30%
Activities:
. Field review citizen complaints and resolve design issues on State facilities as requested by FDOT
. Coordinate project development activities with FOOT and other agencies.
. Attend and hold scoping meetings with Monroe County, other local agencies and FDOT
. Coordmate review and ranking of transportation enhancement applications
. Coordinate v.ith other municipalities on their activities related to bicycle/pedestrian planning,
programrn I ng, outreach and education
. ASSist the Growth Management Division with the monitoring of various transportation projects.
. Coordinate update of the Long Range TransportatlOn Plan
. ReView vanous community plans for inclusion Into 1-'1)OT work program.
. Disseminate information regarding FDOT work program and other special projects to appropriate local
officials and agencies.
. ProVIde review of FOOT work program for consIstency with local comprehensive plan.
. Review proposed comprehensive plan amendments for consistency with FOOT work program.
. Act as pnmary contact to FDOT for transportation planning issues.
. Write Requests for Proposals (RFPs) for consultant services for transportation planning projects
. Coordinate consultant selection process
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F M p :;')2077 .1-14-01
Cun\iacl ~ AN-082
. Provide regular updates to FDOT on transportation planning pfllll'~1 ~
. CoordinJte with FDOT on review of right-of-way issues
. At the request of mOT, prepare agenda item for puhhc pre:-.Ct1Llllll!1 \>ctore the Board of County
Commissioners
Task 3: Provide leadership related to bicycle/pedestrian planning ror the Livable ComrnuniKeys
Program (LCP). 25 %
Activities:
. Develop strategies including partnerships, projects and program In C\lfll'~'11 with the LCP
. Disseminate information related to bicycle/pedestrian needs and orrul1Unltlcs,
. Manage/oversee consultant work related to bicycle/pedestrian planning ,mu ueslgn
. Prepare bicycle/pedestrian elements of community master plans, make ~\mcnuments to comprehensi \ie plan
and land development regulations
. Review bicycle/pedestrian! ADA project proposals on the State and or 10cJ.I roadway system for technical,
policy, and cost feasibility and determine acceptability to local governments and citizens
. Lead project development activities in Monroe County's communities
. Provide technical assistance to community groups and organizatIons
Task 4: Pro,'ide leadership related to the Florida Keys Scenic Highway. 10%
Actiyities:
. Supervise the Florida Keys Scenic Highway Coordinator,
. Attend Florida Keys Scenic Highway Advisory Group workshops and meetings,
. Assist with implementation and completion of the Florida Keys Scenic HIghways Interpretive/masterPlan
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FM#252077 -1-14-01
Contract # AN-082
EXHIBIT "C"
(GENERAL)
This exhibit forms an IDlq;IJI rari of that certain Joint PartiCIpatIon Agreement between the State of
lrida, Department of TrJosportJll\Jn Lind the tvlonroe County Planmng Department, 2798 Overseas
gDway, Suite 410. Mar:.lthon, FlurIJ.,L-nO')O-2227, dated "-l~~ooc.r-
VOICING Al\l'D PROGRESS REPORTS
order to obtain any payments. the Puhllc Agency shall:
Submit quarterly progress reports y....,hlch are acceptable to the Department describing the work and which
lequately justify and support the pJyment requested; and
Submit to the Department its qUJrterly invoice on forms prescribed by the Department, and such other data
:rtaining to the Project Account and the Project as the Department or the Federal Hlghway Administration
ay require to justify and support the payment requested~ and
Comply with all applicable proviSions of this Agreement.
ursuant to Section 22,00, the Depat1ment shall have ten (10) working days to inspect and approve the
uarterly progress report prior to processing the submitted invoice.
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, 08103/2007 02:39 PM bee
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Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AN082
SLZl..TE OF FLORIDA DEPARTMENT OF TRf\NSPORTATION
FUNDS l'd) I:'ROV}\L
~~C" ,.."
Contract #AN082 Contrac Type: F'.l ~lethC)d of Procurernent: '-,
Vendor Name: MONROE COUNT
Vendor 10: VF5 960007 4 90 4
Beginning date of this P.gmt: 10/11/04
Ending date of this Agmt: 09/01/09
Contract Total/Budgetary Ceiling: ct = $300,000.00
***********~*****'k******************************************************
Description:
Provide funding for the Monroe County Bike/Pedestrian PIanoe
r
***************'k********************k***********************************
ORG-CODE "EO *OBJECT * At.l0UNT * FIN PROJECT *FCT *CFOA
(FISCi'\.L YEAR) *BUDGET ENTITY *CATEGORY /CJ!..T YEAR
J\[vlEN[+lENT ID *SEQ. *USER ASSIGNED 10 *ENC L1NE(6S)/STATUS
******~******************'k**********************************,************
Action: SUPPLE[~ENTAL Funds have bQen: F,PPROVED
55 062010630 *TP *730015 * 150000.00 *25207711401 *615 *
2008 *55100100 *088854/08
SOOl *00 * .L *0002/04
-~~--------------~--~-~~----~-~--~--~--------------------~~~~-~~~~~--~-~
TOTAL p.i"JOUNT: *$ 150,000.00 *
-------~--~~~--------------------------~-~~-~-~-~---~-~-----------------
FUNDS APPROVED/REVIEWED FOR ROBIN If;. N..:L...I 'TO?E t CPi'\., CC~~lPTROLLEH
DATE: 08/0312007
.
" ..., _ ,.,. I 1~~~ (~~~-~"," )~"-.~ .-
"........ ~ ~"-..c. I.e'....... On '. -~.. '..,,, .~ _
.. .~, l! ," 1.0RIOA DEPARTMENT Of TRANSP(,"' \. 725.030-06
PUBLIC TRANSPORT A TION PUBLIC fRANSPORTATION
JOINT PARTICIPATION AGREEMENT 06103
Plllle 1 01 12
Financial PrOtect No. Fund: DDD ~'LAIR Approp.: 088854
25207711401 Ft. 615 FLAIR ObJ.: 790052
. h ) unc Ion.
(Item-segmenl-p ase-sequence Org. Code: 55062010630
Contract No.: AN082 Federal No.: Vendor No.: 596000749054
Catalog of Federat Domestic Assistance Number: Catalog of Slate FlnRncial Assistance Number:
1UJ
THIS AGREEMENT. made and entered into this ~ - day of AJo(/e~ k.e r . 'Zoo <I ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an agency of the State of Florida,
hereinafter referred to as the Department, and Monroe County
2798 Overseas Highway, Suite 410, Marathon Florida 33050
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 334.044(21)
.
Florida Statutes, to enter into this Agreement.
NOW. THEREFORE, in consideration of the mutual covenants, promises and representations herein. the parties
agree as follows:
I
1.00 Purpose of Agreement: The purpose of this Agreement is
This contract provides 100% funding to Monroe County for the position of Bicycle/Pedestrian Coordinator.
and as further described in Exhibit(s) A,B.G attached hereto and by this reference made a part
hereof. hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the
manner in which the project will be undertaken and completed.
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PUBLIC TRANSPORT ATtON
06J03
P_20112
2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval. permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The AQency shall submit to the
Department such data. reports, records, CO:1tracts and other documents relating to the project as the Department may .
require as listed in Exhibit "eN attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 150,000,00 . This amount
is based upon the estimate summarized in Exhibit "S" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, includinQ continQencies,
in the project in the amount of $ 150,000.00 as detailed in Exhibit "S", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "8", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement:
(c) Approval of all plans, specifications. contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & S) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end fundinQ o is @ is not applicable. If applicable, the Department
may initially pay 100010 of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: RetainaQe 0 is (!) is not applicable. If applicable, 100 percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
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72s.oJ0.06
PUBLIC TRANSPORTATION
06103
P_ 30112
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A prolect budgel shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget. carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and
is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and .Principles for State
and Local Govemments", separate accounts to be maintained within its existing accounting system or establish
indepenc,:lent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of
the project account shall be made available to the Department upon request any time during the period of the
Agreement and for three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as .project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department. by the deposit or setting aside of collateral of the types and in the
manner as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or olher accounting documents pertaining in whole or in part to the project
shall be Clearly identified, readily accessible, and, 10 the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the AQency agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews.
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audil report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional I
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
I
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7.61 Federal Audit: In the event the Agency expends a total of $300.000 or more in Federal awards In Its ftscal
year, the Agency must have a single or program-specific audit conducted in accordance with the provisions 01 OMS
Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000,
this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS
Circular A-133, the cost of the audit must be paid from non-Federal funds,
The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller. and
the Auditor General access to the Agency's records and financial statements as may be necessary for complying with
the requirements of 31 V.S.C. 7501 et seq.
Pursuant to OMS Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any
management letters to the Department, or copies of audit reports for audits conducted in accordance with OMS Circular
A-133, to the Department and to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal
year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes and the applicable rules of the Executive OHice of the Governor, the State Comptroller, and the
Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of
State awards except State awards received for Federal program matching requirements which shall be excluded from
consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit
is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97,
F.S., the cost 01 the, audit must be paid from non-State funds.
The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and
independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F,S.
The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97,
F.S., and applicable Rules of the Auditor General to the Department and to:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
7.63 Other Requirements: If an audit discloses any siqnificant audit findinQs relating to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of
the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to
eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency
shall take timely and appropriate corrective action to any audit findings. recommendations, and corrective action plans.
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725-030-06
PUBLIC TRANSPORTATION
\l6I\l3
Page 5 0112
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty lor the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit .C..
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the AQency shall file with the
Department of Transportation, District Six Public Transportation Office 1000 NW 111 Avenue, Miami FL . FL,
33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112,061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(1 ) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with aU
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of
its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any lederal agency providing federal financial assistance to
the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of lederal financial assistance, the Agency will reimburse the Department for all disallowed costs.
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72S.o30-06
PUBLIC TRANSPORTATION
06103
Page 6 ol12
8.30 Disallowed Costs: In determining the amount of the paymen1. the Department will exclude all projects
costs Incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable 10 goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or lor work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
improbable, infeasible. impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which may include any or all of the following: (1) necessary action to terminate or
suspend, as the case may be, project activities and contracts and such other action as may be required or
desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a
statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs; and (3) remit to the Department such portion of the financing and any advance
payment previously received as is determined by the Department to be due under the provisions of the
Agreement The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
bUdget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S. and made or received in conjunction with this Agreement
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause lor nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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72s.D30-06
I'IIBLIC TRANSPORTATION
06IQ3
Page 7 01 12
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency. where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S" Consultants' Competitive Negotiation Act. At the discretion of the Department. the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Compelitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity 10 participate in the
perlormance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and perlormance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin, Such actionshaU include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 200Od, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation A9reement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the
regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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725-030-{)6
PUBLIC TRANSPORTATION
06Il)3
PageS of t2
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is imf:llediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project. and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof. M
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement lor utility services the rates for which are fixed or controlled by a Governmental
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shail be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency wilt be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejUdice any right or remedy available to the Department with
respect to such breach or default
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission lor the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothinq in the Aqreement shall require the Agency to observe or enforce
compliance with any provision Ihereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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725-03Q.Q6
PHBlIC TRANSPORTATION
06103
PaQe 9 '1112
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees Ihallhe project facilities
and equipment will be used by the Agency to provide or support public transportation for the period 01 the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees 10 maintain the projeCI facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its oHicers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its oHicers, agents, or employees during the performance of the Agreement
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the partiCipation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. AHer resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to Ihe Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be suHicient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance wilh applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and thaI the project is accepted by the Agency as suitable for the intended
purpose.
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PUBLIC TRANSPORT A T!ON
06103
Page 100112
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term
for a period of more than 1 year:
18.00 Expiration of Agreement: The AQency aQrees to complete the project on or before
12/31/2006 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary. District Six . Expiration of this Agreement will be considered termination
of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plurallorm shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20,00 Execution of Agreement: This AQreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
Hers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all !
subrecipients shall certify and disclose accordingly. I
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725-030-06
PUBLIC TRANSPQflTATlON
06'03
Page 110112
21.20 State: No funds received pursuant to this contract may be expended for lobbying the LeQislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document Identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies
otherwise. The Department has 20 days to deliver a request lor payment (voucher) to the Department of Financial
Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are
received. inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable. in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department
of Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: PUrsuant to 287.133(3)(a) F.S. the followinQ is applicable to this agreement.
287 .133(2)(a) "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 pertorm work as a contractor. supplier, subcontractor, or
consultant under a contract with any public entity. and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017. F.S. for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list..
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or pertorm work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
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PUBLIC TRANSF'Of' 1 A; h '0.
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Financial Project No. 25207711401
Contract No. AN082
Agreement Date / I ..- 3 - 0 y
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FDOT
Monroe County See attached Encumbrance Form for date of Funding
AGENCY NAME Approval by Comptroller
btlVf b ~~ICS
SIGNATORY (PRIN ED OR TYPED)
~~
(Vi Af Y f?- C) () -, TZ
() I K [) L- M . Director of Planning
TITLE TITLE
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"1#" ~. ',;\ " .'ATlEST:PAJIUj:ij(OlHAGE UERK
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The job FI913RPR; user 1.0. To PL630KJ@dot.state.ft.us
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08/10/2004 03:00 PM bee
Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AN082
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AN082 Contract Type: AI Method of Procurement: G
Vendor Name: MONROE COUNTY PLANNING DEPT
Vendor ID: VF596000749054
Beginning date of this Agmt: 01/01/05
Ending date of thi s Agmt: 12/31/06
********~******~************************************~**~**~*********.***
Description:
Provide funding for the Monroe County Bike/Pedestrian Planne
r
**~****~********~**************************************~.***************
ORG-CODE *EO .. OBJECT * AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENe LINE(6S)/STATUS
***************.************************.***********~*******************
Action: ORIGINAL Funds have been: APPROVED
55 062010630 *TP *730015 * 150000.00 *25207711401 *615 *
2005 *55100100 *088854/05
0001 *00 * *0001/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 150,000.00 *
--------------------------------~---------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 08/10/2004
.. :
FM#252077-1.14-01
Contract # AN-082
EXHIBIT HAu
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhihi! rurms an integral part of that certain Joint Partlcipation Agreement between the State of Florida.
Department urTransportation and the Monroe County Planning Department. 2798 Overseas Highway, Suite
410, Mar;Jthnn. Florida, 33050-2227, dated ,1-3 -~OC1c..j
PROJECT LaC A TION: Monroe County, Florida
PROJECT DESCRIPTION: Monroe County Bicycle/Pedestrian Coordinator
This contn.\!.:t provides 100% funding to Monroe County for the position of Bicycle!Pedestrian Coordinator.
SCOPE OF SERVICES
Task 1: Coordinate efforts related to tbe Overseas Heritage Trail. 35%
A ctivi tie.c;;:
. Attend Department of Environmental Protection-led Community workshops and meetings
. Provide technical assistance to DEP and FDOT
. Coordinate among DEP, Monroe County and FDOT
. Coordinate with Monroe County Public Works
. Assist with the Scenic Highway effort as it relates to the Overseas Heritage Trail
Task 2: Coordinate programmatic and procedural aspects of a bicycle/pedestrian, transportation
planning program with the Growth Management Division and the Florida Department of
Transportation. 30%
Activities:
. Field review citizen complaints and resolve design issues on State facilities as requested by FDOT
. Coordinate project development activities with FDOT and other agencies.
. Attend and hold scoping meetings with Monroe County, other local agencies and FDOT
. Coordinate review and ranking of transportation enhancement applications
. Coordinate with other municipalities on their activities related to bicycle/pedestrian planning,
programming, outreach and education
. Assist the Growth Management Division with the monitoring of various transportation projects.
. Coordinate update of the Long Range Transportation Plan
. Review various community plans for inclusion into FDOT work program.
. Disseminate information regarding FDOT work program and other special projects to appropriate local
officials and agencies.
. Provide review of FDOT work program for consistency with local comprehensive plan.
. Review proposed comprehensive plan amendments for consistency with FDOT work program.
. Act as primary contact to FDOT for transportation planning issues.
. Write Requests for Proposals (RFPs) for consultant services for transportation planning projects
. Coordinate consultant selection process
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F MIl2520n .1-14-01
Contract # AN-082
. Provide regular updates to FDOT on transportation planning pmJtXh
. Coordinate with FOOT on review of right-of-way issues
. At the request of FDOT, prepare agenda item for public presenl<llltlll hcrore the Board of County
Commissioners
Task 3: Provide leadership related to bicycle/pedestrian planning for the Livable CommuniKeys
Program (LCP). 25%
Activities:
. Develop strategies including partnerships, projects and program in wnccr1 with the LCP
. Disseminate information related to bicycle/pedestrian needs and oppot1unilics.
. Manage/oversee consultant work related to bicycle/pedestrian planning und design
. Prepare bicycle/pedestrian elements of community master plans. make amendments to comprehensive plan
and land development regulations
. Review bicycle/pedestrian/ADA projt;ct proposals on the State and or local roadway system for technical ,
policy, and cost feasibility and determine acceptability to local governments and citizens
. Lead project development activities in Monroe County's communities.
. Provide technical assistance to community groups and organizations.
Task 4: Provide leadership related to the Florida Keys Scenic Highway. 10%
Activities:
. Supervise the Florida Keys Scenic Highway Coordinator.
. Attend Florida Keys Scenic Highway Advisory Group workshops and meetings.
. Assist with implementation and completion of the Florida Keys Scenic Highways Interpretive/master Plan
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FM#252077 ~ 1 ~ 14-01
Contract # AN-082
EXHIBIT "B"
ESTIMA TED ANNUAL PROJECT COST AND BUDGET
This exhibit fOTITIS an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and the Monroe County Planning Department, 2798 Overseas Highway. Suite
410. Marathon. Florida, 33050-2227, dated 11- 3. - ^oo'j
I. ESTIMA TED PROJECT BUDGET:
Salary $ 148,000.00
Travel Expenses $ 2,000.00
ESTIMA TED TOTAL PROJECT COST: $ 150,000.00
II. FUND PARTICIPATION:
Maximum Federal Participation
(0%) or $0.00
Public Agency Participation
In- Kind (0%) $0.00
Cash (0%) $0.00
Other (0%) $0.00
Maximum Department Participation,
Primary
(D) (l00% or $150,000.00
Federal Reimbursable (DU)(FRA)(DFf A) (0%) or $0.00
Local Reimbursable (DL) (0%) or $0.00
TOTAL PROJECT COST $150,000.00
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FM#252Q77 -1-14-01
Contract # AN-OB2
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportalion and the Monroe County Planning Department. 2798 Overseas
Highway, Suite 410, Marathon, Florll.la. J3050-2227, dated 11-.3 - 2 ot:JY .
INVOICING AND PROGRESS REPORTS
In order to obtain any payments. the Puhlic Agency shall:
1. Submit quarterly progress reports which are acceptable to the Department describing the work and which
adequately justify and support the payment requested; and
2. Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data
pertaining to the Project Account and the Project as the Department or the Federal Highway Administration
may require to justify and support the payment requested; and
3. Comply with all applicable provisions of this Agreement,
Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and approve the
quarterly progress report prior to processing the submitted invoice.
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19,2007 Division: Growth Management
Bulk Item: Yes X No Department: Planning
-
Staff Contact Person: Andrew Orner Trivette
Clarence Feagin, Ph.D., AICP
AGENDA ITEM WORDING:
Request to execute approval of an application for a waiver from the statutory requirement to adopt a
Public School Facility Element as part of the Monroe County 2010 Comprehensive Plan as per Section
163.3177, Florida Statutes (F.S.).
ITEM BACKGROUND:
Several months ago the Planning Department sent the waiver application form to the Monroe County
School Board to obtain the necessary data, documentation, and approval ofthe County's request for a
waiver from this requirement, pursuant to Section 163.3177(12) F.S. The School Board had no
objections to the County's request for a waiver from this requirement, and on July 17, 2007 the
Planning Department received the necessary data, documentation, and executed waiver application
form from the Monroe County School Board. The application form for the County waiver from the
Public School Facilities Element requires signature by the Mayor. The application form is enclosed for
the Mayor's signature. The executed application for waiver will be sent to the Florida Department of
Community Affairs to complete the application and request for waiver.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NA BUDGETED: Yes - NoX
COST TO COUNTY: NA SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes - No No AMOUNT PER MONTH - Year
-
APPROVED BY: County Attny _ OMBlPurchasing _ Risk Management _
DOCUMENTATION: Included Yes Not Required_
DISPOSITION: AGENDA ITEM #
Revised 8/06
Members of the Board
District # 1
STEVEN PRIBRAMSKY
Randy Acevedo District # 2
Superintendent of Schools ANDY GRIFFITHS
Chair
District # 3
R.DUNCAN
MATHEWSON
Vice.Chair
BUILDING BRIDGES District # 4
TO SUCCESS JOHN DICK
July 11, 2007 District # 5
DEBRA WAlKER
Clarence Feagin, Senior Planner
Department of Planning & Environmental Resources
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Fl. 33050
RE: Public School Facilities Element County Waiver Application Form
Dear Mr. Feagin,
Enclosed you shall find the Public School Facilities Element County Waiver
Application Form which was approved by the Monroe County School Board at their
June 26, 2007 meeting. Once executed by your County's Mayor, please provide a
fully executed copy to me, with a carbon copy to Mr. Fred Sims, Executive Director
of Facilities and Construction at the address listed below.
Thank you for your assistance in this matter.
CC: Fred Sims, w / attachment
241 Trumbo Road - P.O. Box 1788 - Key West, FL 3304J-l78g
305-293-1400 - SunCom 464-1400 - 305-293-1408
www.keysschools.com
, Public School Facilities Element
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County Waiver Application Form i
This waiver application is for }40t-L'Ro6 County.
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The following municipalities are included: ,
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Section 163.3177, Florida Statutes, requires each county and each municipality within the county to adopt a
public school facilities element, unless eligible for a waiver or exemption.
I PART I
i Subsection 163.3] 77(12), Florida Statutes, authorizes the Department of Community Affairs to provide a
i waiver to a county and to the municipalities within the county if (A) the capacity rate for the all schools
I within the school district is no greater than 100 percent, and (8) the projected 5-year capital outlay full-
I time equivalent student growth rate is less than 10 percent
I L Please complete Table A below using your data from the Florida Inventory of School Houses (FISH).
Be sure to include ALL public schools within the school district.
Table A. Public School CapacIty Rates.
School Name , School Capacity . Current Enrollment Capacity Rate
I
(list all schools) I (Actual FISH Capacity) (Actual COFlE) (Actual Utilization %)
I
---. Ail- . , ~ I,
,,--.. \ ". i . !
I I i
I !
I
I
I
I I
,
2. Is the projected 5-year capital outlay full-time equivalent student growth rate Jess than 10 percent? I
[vrYes, the growth rate is -\4 %
[ ] No.
PART II
In accordance with subsection 163 J 1 77 ( 12)( a), Florida Statutes, the Department of Community Affairs
may allow for a single school to exceed the 100-percent limitation if it can be demonstrated that the
capacity rate for that single school is not greater than ] 05 percent
Sin Ie school within school district with ca aci rate between 100-105%.
School Name School Capacity Current Enrollment; Capa~i.ty R~te . I
i
, (Actual FISH Ca achy (Actual COFlE '(Actual UtIlizatIOn 'Yo i
~1&0.4e !
1
Public School Facilities Element
,
County Waiver Application Form I
I
The Department of Community Affairs must also consider the following criteria:
l. For the single school exceeding the JOO percent capacity rate listed in Table B above, please explain
h;! and when the capacity issue will be resolved:
""'Woe
2. Please explain whether the projected 5-year capital outlay full-time equivalent student growth rate for
the school district is approaching the 10-percent threshold:
\-l<!il> w. EO.:..
3. Please explain whether one or more additional schools within the school district are at or approaching
Je J OO:tercent threshold for school capacity rate:
c:. v.. t::::;
4, Please attach any supporting data that may be used by the Department of Community Affairs for
detennining the adequacy of this waiver request
-:=; ~e::. h.~~+
The above request to waive adoption of a public school facilities element and implementation of school
concurrency is approved by the following agencies, and we hereby certify that the affected municipalities
have been notified and afforded an opportunity to comment and/or object. Any comments/objections are
attached.
I
i JJ# 1 If r~7
I C4
l. District School Board Chair to ' to ' U I Date
I SigJIature
I
,
I
2. County Commission Chair Date
Signature
Please submit the completed application to:
Mr. Mike McDaniel
Division of Community Planning
FL Department of Community Affairs MONROE COUNWTORNEY
2555 Shumard Oak Boulevard / APPR~~D A, TO'FOAM _
",,:jC.{A.."',~/')~ J>~ ~~1~51 '
I Tallahassee. Florida 32399-2100 Date: r- '3 () -01 '
I 2
I
2006-01 Actual 2006- Actual 2005. ACtual 200&. Projected Projected 2010.
Satisfactory 01 06 01 2tl, 1).11 11
FISH
Location FISH StuSta Capaeity CO-FTE Utilization CO-FTE Utiliution
0% . 0%
Key Largo 1,156 1,040 944 91% 760 73%
Plantation Key 723 650 589 91% 475 73%
Coral Shores High 1,160 S86 742 75% 598 61%
Mcmbsorn Island
Charter . . . 0% 0%
Switiik 907 907 576 64% 404 45%
fv1arathon HIgh. new
bldgs only 1,200 1.020 603 59% 626 61%
Sugarloaf 1,237 1.113 801 72% 645 58%
Gerald Adams 649 580 366 63% 295 51%
Poinciana. new bidgs
only 653 653 533 820/" 429 66%
SlgSPee 522 522 2M 41% 191 38%
Horace O'Bryant
$01'''00' 1,132 1,018 788 77'>j{) 635 62%
1.518 1.372 "' .." 90% 1,025
Key West High 1.598 68%
Glynn Archer 580 580 276 48% 222 38%
0% 0%
!Coun School Oistrio 11,511 10,587 7,833 . 74% 6,311 60010