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C. Bulk Approvals BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_~p~!mber 19,_ 2007 Division: Emergency Services Bulk Item: Yes ~ No Department: Emergency Management Staff Contact Person: Jose Tezanos AGENDA ITEM WORDING: Approval of a FY07 State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-11-54-0l-, and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: The Division of Emergency Management has awarded Monroe County an agreement in the amount of $97,411 to provide planning, training and exercises under the State Homeland Security Grant Program - Issue 10. The period ofthis grant is July 1,2007 through April 30, 2010. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: It is appropriate to accept this State of Florida Division of Emergency Management federally funded subgrant agreement. A revenue cost center is requested from Ol\1B . TOTAL COST: None BUDGETED: Yes No -X COST TO COUNTY: NONE SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year 97All APPROVED BY: County Arty ~ OMBlPurchasing Yes Risk Management Yes DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 . . '~<'\I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida DEM Contract #08-DS Effective Date: Expiration Date: 60-11-54-01- July 1,2007 April 30, 2010 Contract Manager: Jose Tezanos (Name) 6325 (Ext.) 14 (Department/Stop #) for BOCC meeting on . December 19, . Agenda Deadline: December 4, 2007 2007 CONTRACT COSTS Total Dollar Value of Contract: $ 97,411 Budgeted? YesO No l::gJ Account Codes: Grant: $ 97,411 County Match: $ 0 ./ Current Year Portion: $ 97,411 - - - - ---~- - - - - ------.-..-.... - - - - - - - - -~--- - - - - - - ------.--...... ............... ---- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: eN ot included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director II -/1 .0'1 YesO No0 1k0- () f - /1./). )) /. f ___ Risk Man~~men~O\ ~ 0 YesO NoE] ~ D ~JOV 7 O.~/PUhli1tg ~lo:We'D Nog 2~-----p~-_. Itll County Attorney 1'l?/n.1D..'1 YesO NO~~~ z:J ~ /0'ol9 67 Comments: OMB Form Revised 2/27/01 MCP #2 " ~ ~.. i' Contract Number: 08DS-60-11-54-01- CFDA Number: 97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF lAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2007 and shall end April 30, 2010, unless term inated earlier in accordance with the provisions of Paragraph (12) of this Agreement. 1 ", . ...->~, (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after the closing on the transfer of title. 2 \ , . ..,,~, (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines 3 '" ..."'\1 established by OMB Circular A.133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A.133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 4 , , .'.....\1 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl,us and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department or the Division has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under 5 h . ...,,~I Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a c1ose.out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close.out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) The Recipient shall provide such additional program updates, reports or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subreclpients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such 6 \, . '....~l review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMS Circular A-133, as revised, andlor other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 7 , ..;..,~! (1 0) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; 8 \ . .'..,.\1 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. 9 , . . ~...... ~! (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined, (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Bureau of Response Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolvn.washinqton@em.mvtlorida.com 10 \ , . '.,,~I (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Irene Toner, Director 490 63rd Street, Suite 150 Marathon, Florida 33050 Telephone: 305-289-6065 Fax: 305-289-6333 Email: toner-lrene@monroecountv-f1.QOv (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be fOlwarded to the Division for review and approval priorto execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that 0) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Hi) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. StaL (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources 11 , ' . .."'~, Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment D - Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $97,411 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat, and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, 1\-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1 . x No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attacnment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting orthe Federal Office of Management and Budgeting, aU obligations on the part of the Division to make 12 , , ...,,\/ any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and 13 >- . . ~ 'O.,.,! I with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in the Circuit Court of Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 14 , ~ ..~~! 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. 15 , . ~ .;, ~, (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (0) Unless inconsistent with the public interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 16 \ . . '.+<~! (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shaH complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction im posed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17 ;, .""',,\1 (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE.OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants 18 \ , .'....\/ and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment G. 19 " ...:"\1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. RECiPiENT: MONROE COUNTY EMERGENCY MANAGEMENT Name and title: MONROECOUNTYA~EY ,~ROVED AS T9 F ;5i": ,. j vi?du <-[e/ ~ NATJlEENE W. CASSEL ASSISTANT~OU(J ATTORNEY Date 10.a.~ -?- / T BY: Date: SAMAS # FID# 59.6000.749 STATE OF FLORIDA DIViSION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craiq FUQate. Director Date: 20 \- .'.....\1 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - CFDA #97.067 $97,411 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the fOllowing eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2007-08 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule (s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 " . . ...",~I Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. "~ .4.. ,4.. No more than 3% of the total award may be expended on Management and Administration costs by the Recipient. At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. The transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award, State Homeland Security Grant Program - Issue 10 Monroe County Emergency Management Planning Training Exercises $94,489,00 Management and Administration (the dollar amount which corresponds to 3% of the total local agency allocation is shown in the column on the right. (Only 3% can be allocated for each line item) $2,922.00 22 I.' . ",,0\1 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 10 as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in th is contract via email or letter. Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) I t/-~ 9' Jc:l, tf~ 9;-2-- Conferences to facilitate planning activities Materials required to conduct planning activities Travelfper diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work pertormed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Overtime and backfill funding for emergency preparedness and response personnel attending G&T-sponsored and approved training classes and technical assistance programs. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel artici atin in G&T trainin , Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractorsfconsultants may also be procured by the state in the design, development, conduct, and evaluation of CaRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 23 ,. . ..;,~! Travel. Travel costs (Le" airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending ODP-sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide, States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide, For further information on federal law pertaining to travel costs please refer to http://www,ojp,usdoj,gov/FinGuide, Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). Tuition for higher education Other Items - These costs include the rental of space/locations for planning and conducting training, badges, etc. Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state orthe awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy orthe Federal Acquisition Regulations (FAR) must be followed, Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. I fL~ 189 '1~tf89' Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G& T exercises. Implementation of HSEEP (Homeland Security Exercise and Evaluation Program Travel - Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide, For further information on federal law pertaining to travel costs please refer to httpJ/www.ojp.uSdoj,gov/FinGuide, Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e,g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). 17 '1/1 24 \', . .~,,",~l Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include; chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state Dr local jurisdiction that conduots an exercise using SH$GP funds must foffow the HSEEP doctrine and protoao's located al htto://www.aio, usdai. Qov/odolexerafses.htm#hseeo. Hiring of fun-time or part-time staff or contractors/consultants; ~ To assist with the management of the FY 2007 SHSGP "" To assist with design, requirements and the Implementation of the FY 2007 SHSGP J. To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY 2007 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: 4- HSGP pre-application submission management activities and application requirements. . Meeting compliance wUh reporting/data collection requirements, including data calls. Development of operating plans for lnfonnatlon collection and processing necessary to respond to DHS/ODP data calls. Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weeldy worked time in the perform ance of G& T - approved activities. Backfill Costs also called "Overtime as Backfilr are defined as expenses from the result of personnel who are working overtime In order to perform the duties of other personnel who are temporarily assigned to G& T - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full - Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unlt(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit ot government may not receive Gom pensatlon from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both actlvities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Com ensation. Travel expenses Meeting-relatoo expenses (For a complete list of allowable meeting- related expenses, please revIew the OJP Financial Guide at http://www.ojp.USdOj.gov/FinGUide). Acquisition ot authorized office equipment, Including personal computers. laptop computers, printers. lCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period; .J. Recurring fees/charges associated with certaIn equipment. such as cell phones, faxes, etc. '* Leasing and/or renting of space for nevlly hired personnel to administer programs within FY 2007 SHSGP. TOTAL 25 1,'> ....,,\1 Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2007 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security, National Preparedness Directorate. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities Issue 10. Planning, Training and Exercises for Local and Regional Efforts FY 2007 SHSGP, Issue 10, allowable costs are divided into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 3% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: .. Costs associated with implementing the National Preparedness Goal and Guidance .. Costs associated with implementing and adopting NIMS .. Costs associated with complying with the requirements for the National Preparedness System (NPS) that includes jurisdictional review of the Target Capabilities List (TCl) .. Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and .. Establishing or enhancing mutual aid agreements .. Developing communications and interoperability protocols and solutions .. Conducting local, regional, and tribal program implementation meetings .. Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC .. Designing state and local geospatial data systems .. Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing related terrorism prevention activities including, including but not limited to the following: II Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery. II Multi-discipline preparation across first responder community, including EMS for 26 >- . . '.,",~I . response to catastrophic events and acts of terrorism. . Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils. . Citizen Corps volunteer programs and other activities to strengthen citizen participation. . Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign. . Evaluating CIP security equipment and/or personnel requirements to protect and secure sites. . CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: . Developing or enhancing EOPs and operating procedures. . Developing terrorism prevention/deterrence plans. . Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies. . Developing or enhancing border security plans. · Developing or enhancing cyber security plans. . Developing or enhancing cyber risk mitigation plans. . Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans. · Developing public/private sector partnership emergency response, assessment, and resource sharing plans. . Developing or updating local or regional communications plans. . Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies. . Developing or enhancing continuity of operations and continuity of government Plans. . Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRP. . Developing or enhancing evacuation plans. . Developing or enhancing citizen surge capacity. Developing or conducting assessments, including but not limited to: . Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans. · Conducting cyber risk and vulnerability assessments. . Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources. . Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness). . Activities that directly support the identification of pre-designated temporary housing sites. 27 ,,, ."."'\1 B. Training Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training-related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academies/institutions, universities, or junior colleges. Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery from natural, technical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G& T -sponsored and approved training classes and technical assistance programs. SHSP may also be used for training citizens in awareness, prevention, protection, response, recovery skills. Reimbursement Requirements. In order to be reimbursed the following steps must be completed: · Submit invoices for all costs · Requests for backfill must be accompanied by proof of payment to the payee · Requests for overtime must be accom panied by timesheets indicating the extra hours worked and proof of payment to the payee . Submit copies of the sign in sheets from the training c. Exercises Funds may be used to design, develop, conduct, and evaluate exercises that: · Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities. e Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP. e Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. e Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities. e Implementation of HSEEP, including developing and maintaining a self-sustaining State Homeland Security Exercise and Evaluation Program that is modeled on the national HSEEP. Exercises conducted with OOP support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can be found at OOP's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV, which contains sample exercise materials and documents, can be found on ODP's Secure Portal at https://odp.esportals.com or http://www.llis.gov. Exercise Scenarios. The scenarios used in SHSGP-funded exercises include catastrophic events, provided that they also build capabilities that relate to terrorism and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all- hazards National Planning Scenarios, including 12 terrorism scenarios, have been 28 " . . '",",~I developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non- professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan wiJJ be prepared and submitted to the State following every TTX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following everyTTX, drill, FE, and FSE. AAR/IPs must be provided to the State within 45 days following completion of each exercise (see HSEEP Volume II, Appendix A). Reimbursement Requirements. In order to be reimbursed the following steps must be completed: .. All exercises must be posted on the National Exercise Schedule on the HSEEP web site https://hseep.dhs.qov/toolkit.htm . They must be approved by the Exercise Administrative Authority for the state before they will be eligible for reimbursement. .. Submit invoices for all costs .. Requests for backfill must be accompanied by proof of payment to the payee .. Requests for overtime must be accompanied by timesheets indicating the extra hours worked and proof of payment to the payee .. Submit an Exercise Plan or Situation Manual along with completed After Action Report with Improvement Plan o Submit copies of the sign in sheets from the exercise D. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on Management and Administration costs by the sub-recipients. Hiring of full-time or part-time staff or contractors/consultants: ~ To assist with the management of the FY 2007 SHSGP ~ To assist with design, requirements and the implementation of the FY 2007 SHSGP · To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY 2007 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: · Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls 29 " .'.,,\, Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G& T - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are tempor<3,rily assigned to G& T - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.oip.usdoj.qov/FinGuide). Acquisition of authorized office equipment, including: · Personal computers · Laptop computers . Printers · LCD projectors, and · Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: · Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. Leasing and/or renting of space for newly hired personnel to administer programs within the FY 2007 SHSGP E. Unauthorized Expenditures · Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) . General-use computers and related equipment . General-use vehicles . Licensing fees . Weapons systems and ammunition · Construction or renovation of facilities that would have been reasonably necessary due to non-terrorist threats · Activities unrelated to the completion and implementation of the SHSGP · Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs . Recurring Costs . Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill 30 \ . . '.-~! F. Overtime and Backfill Guidance Overtime: Expenses incurred by those personnel who, as a result of G&T-approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to G&T-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill- they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). II. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY 2007 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY 2007 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY 2007 NIMS Compliance Requirements . Incorporating NIMS into existing training programs and exercises; . Completion of the NIMCAST tool . Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); · Incorporating NIMS into emergency operations planning; · Promotion of mutual aid agreements; and, . Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: Having relevant personnel complete the NIMS Awareness Course: These independent study courses are available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: http://traininq.fema,qov . Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. . Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. 31 , , . '.,",~! 3. FY 2007 Requirements In order for the State to receive FY 2007 preparedness funding, the compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, http://www.fema.Qov/nims, will be updated regularly with NIMS information and implementation guidance. Note: All FY 2007 Homeland Security Grant Program Grant Guidance can be found at http://www.oip.usdoj.Qov/odp/docs/fv2007hsqp.pdf B. National Preparedness System (NPS) The NPS provides a tool to assist jurisdictions, agencies, and organizations at all levels to plan for, assess, and track capabilities in a shared environment. It integrates various efforts to provide the comprehensive picture of preparedness and progress toward achieving the Goal. Recipients are responsible for/and required to report data into this developing system. C. Monitorinq: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment. FreQuency of annual monitorinQ activity: Each year the FDEM will identify up to 50% of sub grantees for site visit monitoring. Examples of areas that may be examined include: Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained 32 ", . ...,.,~I Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS compliance documentation In certain circumstances, the FDEM may be requested to provide additional monitoring/information if the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the SAA. The agency recipients will compete and submit the desk top monitoring within 30 calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the SAA determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further T A will be referred to the FDEM for assistance. Examples of TA include but are not limited to: ~ Equipment selection or available vendors ~ Eligibility of items or services ~ Coordination and partnership with other agencies within or outside the region or discipline. Site Visits Site visits will be conducted by the FDEM or their designated personnel. Site visits will be scheduled in advanced with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. Site Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to recipient agency POC stating the purpose of the site visit and sent at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. 33 \:"'\1 The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. The grantee will submit a Corrective Action Plan within a timeframe as determined by the SAA. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. 34 " . '",",~I III. Reporting Requirements A. Quarterlv Proqrammatic Reportinq: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Pro Re orting Period Re ort due to DEM no later than A ril30 Jul 31 October 31 October 1 throu h December 31 Januar 31 Proqrammatic Reportinq: Information to Report On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - September 30, 2007 reporting period. B. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. C. Close-out Proqrammatic Reportinq: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. IV. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington Nicole Stanley FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 410-1271 (850) 410-3457 carolvn. washinqton@em.mvflorida.com Nicole.Stanlev@em.mvflorida.com 35 , .'..~\I v. Contractual Responsibilities The FDEM shall determine el1gibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. 36 , . . ~." ~! Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMS Circulars A-21, A-87, A-110, A-122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181 (6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112.061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Adm inistrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 22) 28 CFR applicable to grants and cooperative agreements 23) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 24) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 25) Title VI of the Civil Rights Act of 1964, as amended; 26) Section 504 of the Rehabilitation Act of 1973, as amended; 27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 28) Title IX of the Education Amendments of 1972; 29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 30) 28 CFR Part 42, Subparts C,D,E, and G 31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 32) Federal Acquisition Regulations 31.2 and 931.2 37 , , ~ ." ~, Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request IS based must be submitted. Any advance payment under this Agreement is subject to s. 216.181 (16), Fla. Stat. The amount which may be advanced shall ~not exceed the expected cash needs of the recipient within the initial three months. [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance, ADV ANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 2004~2005 2005-2006 2006~2007 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) . First three months expenditures need only be provIded for the years In which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. 38 ~, ' . ....,,\1 Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2006~2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 39 , , . ....,~! Attachment 0 Warranties and Representations Financial Manaqement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 40 , . . ~ ..... \ I Codes of conduct. The Reclpient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall particlpate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither soliclt nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday. Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 41 " . ....,,~, Attachment E Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date 42 ."..;\1 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21, A-110, A-122, A-128, A-87; E.O.12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2,1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive Order 11593, and the Archeological and Historical PreseNation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 43 , . . ~..,., \ ~ 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 44 BOARD OF COUNTY COMMISSiONERS AGENDA ITEM SUMlVIARY Meeting Date: December 19, 2007 Division: Emergency Services Bulk Item: Yes ~ No Department: Fire Rescue Staff Contact Person/Ext: Chad Robinson X 6010 AGENDA ITEM WORDING: Approval to issue a purchase order and the authority to accept and sign the proposal from Horton Emergency Vehicles in the amount of $179,278.00 for the purchase of one 2008 Navistar Medium, 102" Type MED Model 603A Ambulance by piggy~backing the Escambia County bid contract PD 05~06.048 (Attachment A). ITEM BACKGROUND: The apparatus replacement program (Attachment B) allows for the replacement of Fire Apparatus and Ambulances as needed. Station 11, Cudjoe Key is now due for replacement of an ambulance. Insurance proceeds were received and deposited totaling $180,969.95 for apparatus damaged as a result of Hurricane Wilma (Attachment C). These funds are now available to be used for apparatus replacement. The Ambulance Proposal from Horton Emergency Services (Attachment D) is for the type of ambulance that meets the needs of Monroe County. PREVIOUS RELEVANT BOCC ACTION: During the Fiscal Year 2002 budget process, the Board approved a capital plan account in fund 304 for ongoing replacement of Fire Apparatus and Ambulances as needed. CONTRACTIAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Staff recommends approval of this item as written. TOTAL COST: $179.278.00 BUDGETED: Yes X No Hurricane Wilma Insurance Proceeds COST TO COUNTY: $179.278.00 SOURCE OF FUNDS: 125-0459105-560641 Insurance Proceeds REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County AttY~O~Sing -lLRisk Management ~.. DOCUMENTATION: Included X Not Required DISPOSITION: Revised 8/06 AGENDA ITEM II MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Horton Emergency Vehicles Contract #_ Effective Date: Expiration Date: 12/19/07 Upon completion of delivery ofvehic1e & payment Contract Purpose/Description: Contract with Horton Emergency Vehicles to build one 2008 Navistar Ambulance. Contract Manager: Chad Robinson (Name) 6212 (Ext.) Emergency Services / Stop 14 (Department/Stop #) for BOCC meeting on 12/19/07 Agenda Deadline: 12/4/2007 CONTRACT COSTS Total Dollar Value of Contract: $ FY 08- $179,278.00 Current Year Portion: $ Account Codes: 125-0459105-560641 (Hurricane Wilma Insurance Proceeds) Budgeted? Yes[gJ No 0 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 In Needed Division Director I~ 7 YesO NoS" I Risk Manage~ent4~7 YesD NaE( \ ' z O~B.lPur~aso/n~ . ~O"r YesO No~ ~~ County Attomey I~ YesONo[!J ~1,+I.JJ Comments: OMB Ponn Revised 2/27/01 Mep #2 "H~. BOARD OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLORIDA OFFICE OF PURCHASING 213 PALAFOX PLACE, 2nd Floor P.O. BOX 1591 PENSACOLA, FL 32597-1591 TELEPHONE (850) 595-4980 (SUNCOM) 695-4980 TELEFAX (850) 595-4805 http://www.co.escambia.f1.us/pu rchasing CERTIFICATION OF CONTRACT TITLE: Purchase of Ambulances CONTRACT NO.: PO 05-06.048 AWARD DATE: 06/15/06 EFFECTIVE DATE: 3/16/06 through 3/15/09 AWARD: Award a three-year Contract with two one-year options, to Horton Emergency Vehicles as recommended by the Selection and Negotiation Committee, for PO 05-06.048. Purchase of Ambulances, in accordance with the terms and conditions of the solicitation, the proposal, the Final and Best Offer and annual appropriation of funds, with funding available from Fund 351 (LOST II Fund), Cost Center 330314, Project 05PS0038 and Fund 408 (Emergency Medical Services Fund), Cost Center 330302. STATUS: (Chronological notations of the key events related to dates of effectiveness, renewals and extensions, etc.) CONTRACTOR(S): Horton Emergency Vehicles ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF Kathy Spencer, Purchasing Agent III @ (850) 595-4983; E-MAIL: kathy_spencer@co.escambia.fl.us A. AUTHORITY - Upon affirmative action taken by the Board of County Commissioners on 6/15/06, a contract has been executed between the Board of County Commissioners, Escambia County Florida and the designated contractor(s). B. EFFECT - This contract was entered into to provide economies in the purchase of ambulances, as described within the solicitation. Therefore, in compliance with County Ordinance Chapter 46 Finance, Article II Division 3, Section 46~81, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - Purchase orders shall be issued in accordance with Codified County Ordinance, Chapter 46 Finance, Article II Purchases and Contracts; and, as supplemented by Ordinance 2001~9 and Ordinance 2001 ~60. Purchases shall be at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) Attachment A (45 Pages) , .-. D. CONTRACTOR PERFORMANCE - Departments shall report any vendor failure to perform according to the requirements of this contract on Report of Unsatisfactory Materials And/Or Service, Form F0140 to this office. E. VENDOR PERFORMANCE-EVALUATION FORM - Contract Appraisal, form F0190 should be used to provide your input and recommendations for improvements in the contract to the Office of Purchasing for receipt no later than 90 days prior to the expiration date of this contract. I .,,~ COUNTY ADMINISTRATOR'S REPORT JUNE 15,2006 PAGE14of15 26. Recommendaticm Co J1 cern inq Purchaseof Ambulances for Public Safety - Claudia Simmons, Purchasinq Department ChIef RECOMMENDATION: ThCltthe BOard take thefolldwing action concerning the purchase ofambl.llancesforPublicSafety: A. Award a three-yearGontractV\i'ithty.'oOne..year optiOrlS, to Hort9n ErnergenfYV~hiSl~sasreC()rn.r11~tlded..bythe..SeleCtion. an diNr~gotiati on Col11m itteelfo(pD05-06;0481PVrSl~~p~ofAmbulances. in accordance with tQ.(7...tl:irmsClfl9. ~onclj ti9I]potthei.SpHpi.t(ltiol'l'... thep rQppsalr the. Fi [1.alan d Bei;;fOfferal1dannual....a ppr()pfi~.t~Bt:l.Pf funds.,With.fundin g.av~ila ble..from F und35t (LOST II FundhCosf Cel1ter330314, Project OSPS0038 and Fund 408.(EI11~rgef1cy MedicalSerVicesFund),COst. Ct=:nter330302; B. ..Approve.a... PurqhGls~qrd~rlCfl-l()M()I1.E'Ilergency..Vehlcles.for four .. al11b.tjla nces,i nth e.... amQul1f of $t69,OOOeachJeratotalqf$67 6tOOO,..i n accprdance with tHetern1sal1ciACfndltionsof cpntract PD.Q.S-06.048, Purchase.ofAmbulances,witl1.fundingJrorn Fund 351 (LOST 11 Fund), Cost Center 330314,Project 05PS0038-and Fund 408 (Em ergency. Medical Servic:es..Fund), Cost..Center3~()302; C. ApprClYE:4:~tjE~tI~~€)qr.d.~Ct9.rl9t):pn.t.m7.rg€)n cY.VeI11clestp.fefljJb ish Unit 18'Clni~m.Byl~J"l.<;:~tJ,if!.tYV4:.s:,dClm?Q~ciLiqi~:nCl9ci.Clent,fQrial1llt~toh€)~.ceed amQuntof$75;OQO,tcf inclucfereplacingthechassiswith a 2007 Ford. F~350, i naccord<=lhse...withiheterl11siahd~CJrldi#()l1s.CJf2bntl"act.pDO5~06.048, P U rcha~.eofA.l11.bu 1(lf19~S,j=l!n.dlngi::ia'l,a.i1able.i n Fu n d408 (Emergency MedicalServfCes Fund),CosfCenter330302; and D. Authorize the CqLJhtYt\clro.inistratOr to sIgn the Contracts. and. the. pure hase orders refatingtothls recommendation. 27. Recommendation Concerninq Crocket Road & Blue Pit Drainaqe Proiect - Claudia Simmons. Purehasinq Department Chief RECOMMENDATION: That the Board award a Lump Sum Contract, Design Croeket Road, & Blue Pit Drainage Project, PO 05-06.004, to Hateh Matt MacDonald Florida, LLC, in the amount of $188,260. [Funds are available from: Object Code: 56301, Cost Center: 21010S, Project Code No: 06EN0735] ,. .".~, " SOLICITATION. OFFER AND A WARD FORM SUBMIT OFFERS TO: Kathy Spencer Purchasing Agent m Office of Purchasing, 2nd Floor. Room] !.to I 213 Palafox Pla.e, Pensacola. FL 32502 POSl Office Box J 591. Pensacola, FL 32597-) 591 Phone No; (850}595-4980 Fax No: (850) 595-4805 ESC.-\i\1BIA COCNTY FLORIDA Request for Proposal Pt:RCHASE Of AMBVLANCES SOLICITATION NUM HER: PD 05-06.048 SOLlCIT"'- TION MAILING DATE: Fcbrual)' 27.2006 OFFERS WI LL BE RECEIVED UNTIL: I :00 p.m.. CST. Fridllj' March 24, 2006 .nd lIl')' no! be "ithdr.\'1\ within -2!L d~~'$ atlcc such dull: ~nd 1I1/lC rmm:-iG 01' SOLICIT A nON T.... HUtA TIO:-;S SOi..tUDon ubul..&na'llVl~;r.~~wd:l. winb1:~fi:U rf'.~C\." byiftlrt~rd;p.vntSA1 EborCOVl'lo~ Qjfj"orPl.lf~J:Jltl4~1~1'O'S1C\I t~.1,~cfl'\rlQf1)ME~JtA:"l t.a.i.hwr ~ fib. pOint U" ""l\b.s. .l"r1 r-...-o-(lJ ~'i ~ .(lel pD1lI!'It ~rUu- ~itiUtlb'll.1.bJJmLcn u.zU C'Dl\1l'JIu1::.lI \Io~"'" Cr.3l1t P!g.ll:'.~ :tlu.bC hUm:! sdj-ounOtl- All :J3rClln,U:lfI,Ip ~ IiltdWo'~th;No 0fYi([ \;ft\uthulnl Tht')'wW bt-blMlhd .:w!:Ll'J;J tp.1.!u;! Eu:a.mb.. C~.,tJ- l\I;rrlt.\.wt~ OldiMllu OFFER (SIlAlL1:lE COMPl.ETED 81" OFfEROR) ftDERA l EM PlO\'U lDE~iIFlC... TIO:o. l'iTmltR OR 5.5. NU~' BU., TERMS Of ".n'M E/'iT: 35-2018529 ~ 0 n o Ef"j\'E Ity 0... n: WI LL lIf_ D'" \'5 ^ FTLlt II fCI EPT OF PURC!lASt OIlOEn \'E~DO!l NA.\1F.: ADORE~: 3800 McDowell Road CITY. ST. & ZIP, Gr9Ve Cit.y. Ohio 4Jl?~ rHO:">E :"\0.' lfi.l9 <;<g-R18J TOlLFREE:oiO"L.ED..OJ ?!;l?-5J J J FAX:'\'O.: UilAl C;~q-R' p.n HORTON El1ERGENCY VEHICLES REASO:'\ fOR NO OFFER. HID flO:O<ll A TTACm.:O s Jason Cavallo icr..w:~ Lh.Illh... d'iu.t1.l'nl: h__I;pnR"':Ul::I~ns 1"JfTC"'iI':l t)t'l.....II.~n~ ....1t;h.~!'Jt~f.aCt.. f~ i)o potI'l.ol! kllw-ln""J oUt d1n liH IN;: UI'JI. "'~I~"'..h lu,xllin D'I c:qt,Ilpl'lltl"l. aM ~:i ~ :'IIIJ H:ltI4'-~\I 1~li n;l uM...... r..:N.:-... r,.l'~ '~r>H:t I;iI Jt.JSc:.......U~<'I">d:t_~J.\i.1 a.nrl.-1<<11.r,. lN~f~IIJj....",t-l!4'tJrll~ 1oJ]JI \IL$~(IlTt.(iIot dI(:.ol'fo('l'Dll-lod ~llI..-olT,," n IIIl'~DI'I"~:l\'1II.) ~"~~n;:r!l:Nlt{lk Nl!l;.rl.tf'Qr1 1II~liDA-J tow .,:iI2ln<<:14 :~~'UrKtt:iQ'lo II; .,..,tlftC"'ll ~ I~JQ"', ..al:'/ll;'''' ~uCl/lw./l~ Fl9:'~iN-_ tN: $lTct.., "~~cNi 11~i!..~nn I. lt~(.,ci, ~ ,11f-i:/LlI"IU C"'l~. II U ,n11J"l~'~:JI\,rtrU'l1~~IMI. r-lT\Il'Il~ I~ Jlii '';lINIt:tk.lM! Wli.cl'r.. 1II!..3f\d- lC'~~'"-411114o o(""II~1~ mJ:~,1D'01 O'ja,m~lIIrj~-f ~on- &lNk"r lJrc ^,ril>W.1 b~-.. ~aM: tJ.r.El(ld SWIl, ~;.4~5~<t" rl.m4.&la ,"1('~fi~'d,J,I.A;II-l:1.t ,J.l'K.J>> ~~li:tot "'^~t1-p,m~~:" "....'~", h:;J~(''''''''''' r*14U; AlII'o1 t~;~ . ck(~ 1M: " n,,~rol!lC- ~. k IN-lk a", N:i~1: df~~m ~..~ Ik t_t IN- ('0..111I1\ ._.._.1,_..._.._.._... ,\.....I'l_ hraUl/r(/t> 1!.\'rt.:uIUhi.s F,um bi"dinK Ih~ bidd~rlprf1p<>$t'r.s "JJeI' .shrdl r<'~ul( III/his bWpIDpf1ja} b,in/: rrjrc:/rd ru nOtt-lr'~pOIU;"~. AWARD t:p.on ...rniriJlnl~'" .01:.......1:1 IIv [~'lrKI ...hLi$ W ~~thr.lt; llo.r ..'.,....l;-rnt IH \'u".",,(u,cioHIl, A,r!.J1l1thtl '$iiuli Ib:&11. h.JIIt' p,UM"...., In "~n '.'~ l.r......hn~aon ..'l>"oIntd b, ..... D6~n!".f tkrn'1"'~ 6n lw-:iulf.cS mr UEr:faiWI,- A~~u"~(1 C.c:n!I'MUH "I~ Uil;lml.. HJP' lit ,rw 'n.J4.Wl!llll'l-nl1:t~t "'~Ihtti.' tHnmliE fMir...:, If;,hr omr-r eI f"gnh&5lnt, lJ~ ~rF"," Mid 1I#UI,II(,t(t1. I/'ll,hn u~dl...I'.u ~n.d dM' brd "~II"'fl'U' oIjIr-dl~ ':':II,.udrQ (I>HlrJlrl'n:r. ~m~J'~ulrJ b~. urn-rntr flrn';;n..,d 2'M;d-l' ~ p,'Itl...f ~hl~ ''IIflh"...n. Utf"l;II~.,O":l~ CO~TlV\crOll R"'!,l"pO;pntati:ue- I' Ol(rOlUrl~lAt.j ArrrS;t ...---v:..;;;::;:::.--.....'.......----- -0;;;-...........- -~-- "TT!H t),ur "'~IW...~ J H"'or....~~"'~ . ,ij., ",".tY,'C;.lf,',nr 'l~.'ni.rr "'q .,' " I I ' r ' .J .,', \ A_.....-!:! r, ~ "-.. "'\...:_~::7 ~ fi\,1jJ E lRlG lE!Nl CCV \frE lHl ~ <<; n.JE~ June 1, 2006 Kathy Spencer Purchasing Agent m Office of Purchasing 2nd Floor, Matt Langley Bell, III Building 213 Palafox Place Pensacola, FL 32502 Mrs. Spencer, This letter represents our final and best offer regarding your purchase of ambulances, Specification PD 05-06-048, Horton Emergency Vehicles will provide a total of fOdr (4) ambulances meeting the specification provided under Addendum #2, on International 4300LP chassis, complete and delivered for the toW sum of $169,000.00 per unit. Should Escambia County wish to take delivery ofthe units at the manufacturing location, then a $1,000.00 discount shall be provided. In such a case Escambia County assumes an expenses associated with transport of the units. The units wi n be delivered within 210 calendar days of the date of the purchase order. There will be a $250.00 per unit per day liquidated damages penalty for late delivery. As has always been the case in past dealings with Escambia County payment for the units in full is due upon delivery. Should the chassis prIce: from the chassis OEM increase at any time, then that increase will be added to future orders provided that Horton can provide documentation from the chassIs OEM showing the amount and effective date ofthe increase. We also agree to perf01m a standard refurbishment of unit #16 for an mnount not to exceed $75,000.00. The chassis to be used will be a 2007 Ford F~350, The cost on this chassi$1S $31,413.00. The term 'standard refurbishment' is defined in our response to the original RFP. 10 addition to the standard refurbishment we will also replace any broken chassis~mounted lights or siren spt:a.~ers at no additional cost. Because this vehicle has been involved in an accident Horton Emergency Vehicles will perform a thorough inspection of the vehicle upon arrival at our facility. If further structural damage is found at that time and it is determined that this d&mage will cause the cost ofthe refurbishment to rise above the $75,000.00 amount, then Horton will immediately notify the county prior to performing any work, This unit will be delivered in approximately 210 days from :1flf,ln MdJoWfltl Hone! "Grove Cl1y> Ol!ln 4 ~\l ?:~ "b 1 'H'i:m-H 1 C\ 1 · 01:1 ::':H~ g HI:) r.1X \ .n' t C oI~OO' d gOOL; J,;)N30'!i3:H:i! NOLuOE 99186SS~19 00:91 900Z.10'Nfit ~or~t;;on !EMElR1~[E~q:;1f V[E[H]UC[L!ES the dale of the purchase order. The cost of transporting the unit from Escambia County to Horton Emergency V~hicles is the responsibility of the county. Thank you for your continued interest in Horton. We look forward to wOrking with Esca.mbia County further. Please let me know if any questions or issues arise and I will do my best to assist you. 3800 Mc[Jowdl lIoiul .. (;t~)VC CltV. OIHO Ij:~ 1;1.:: .q, 1,~ .[,~n81 a 1 "!5 1 IJ 5:J!HJ H$S I m: , .., tOo/too"a SOOL;; DN3;)\i::lN:;I NOJ.'dOH 99t86fSvt9 00:91 900~.:O"Nnr ORDERING INSTRUCTIONS HORTON EMERGENCY VEHICLES ALL ORDERS SHOULD BE DIRECTED TO: Jason Cavallo FEDERAL EMPLOYMENT IDENTIFICATION NUMBER: 35-2018529 ESCAMBIA COUNTY VENDOR IDENTIFICATION NUMBER: 416682 VENDOR NAME: Horton Emergency Vehicles STREET ADDRESS OR P.O. BOX: 3800 McDowell Road CITY, STATE, ZIP CODE: Grove City, Ohio 43123 CONTACT PERSON: Jason Cavallo PHONE#: 614-539-8181 TOLL FREE#: 800-282-5113 FAX#: 614-539-8180 E-MAIL ADDRESS:Jason.cavalIo@hortonambulance.com HOME PAGE ADDRESS: www.hortonambulance.com EMERGENCY CONTACT PERSON: Robert Harper PHONE#: 614-539-8181 CELL#: PAGER#: DISASTER SERVICE CONTACT PERSON: Jason Cavallo HOME ADDRESS: HOME PHONE#: CELL#: 614-837-0786 PAGER#: TERMS OF PAYMENT: NET 30 DAYS Will accept ESCAMBIA COUNTY VISA PURCHASING CARD: No Will accept ESCAMBIA COUNTY DIRECT VOUCHER: No , ,". June 15, 2007 Escambia County Purchasing Dept. 213 Palafox Place Pensacola, FL 32597 Attn: Kathy Spencer Kathy, Per your request I am writing to provide documentation on the price increase on ambulances between you last purchase and the current order dated 5/31/07. The previous purchase price was $169,000.00 per unit. The updated purchase price is $175,917.00. This difference can be accounted for in added equipment and a price increase on the chassis. Items added since the last units include: 2' vertical grab rail $46.00 Electric step $489.00 Rear lower levellighting $406.00 The balance of$5,976.00 represents the cost of the chassis increase due to (1) change of model year and (2) addition ofthe new federally mandated emissions equipment. If you have any questions please let me know. Thank you,. ... ~---? '. . .' <or....~.....- ,,"<'. , ~."w~:.-"':~''''''' //.. ~.~<~/'.. L~ _ '~/ ..c,'::..~~_ ,." ,~' Gv -.-.. . '" ~P.~V . t';:'~"L" ~, /' Jason Cavallo Horton Emergency Vehicles . :,;">( IU t\"ir::} )""'.d:-;j r L c' 1; 0 '.> t <.:I,};:: ';"j~ V ()!)i!,-, ,'; ~': 1 :'-}:-:l D tj "1:'1 <j 39-f~ lH'j 0 fl"! ,1 etC:I:3j~:-;~: cU:-;S F U;.' , ""' E:: ~lfi' r;.' itYJ G':;; l!= ;r, ~ C v '\ ff F iU ~ f.'" f, ~~ -:""<. r_,ni,ft",,,,,,",!\,. -,,,,,,,g"<:1 47 ~ J,~nM_iL,~!C~ November 16, 2007 Escambia County EMS 2920 North "L" Street Pensacola, FL 32501 Attn: Mike Weaver Mike, Per your request I am writing to provide documentation on the price increase on ambulances between your last purchase and the current proposal dated 11/16/07. The previous purchase price was $175,917.00 per unit. The updated purchase price is $179,278.00. This difference of$3,361.00 is the result of factory price adjustments to cover increased costs of material and labor over time. This amount actually covers two adjustments since we opted to hold our cost on the last order to help offset the chassis increase that was brought about by the new federally mandated emissions equipment. On this proposal the change in chassis cost is very minimal so I am opting to use the same chassis price that we used the last time. However, we are forced to implement current conversion pricing at this time. I've gone ahead and ordered the chassis to lock the price as I have done in the past. As always, Escambia County is under no obligation to use these chassis should this purchase not take place at this time. If you have any questions please let me know. Thank you, ." ~/' ,"' ", r'..)' ~".". ....i'r. ? , -----,.' .~-- "", w_'.ri:~/-'J.Y~':'-' ".:.,,?,. Jason Cavallo Horton Emergency Vehicles /;;" '-,:;.;~ It") ,",~'-L."L1U\J\'-(:;: ~'>_l:-:.i_'.. i_-'ll (J\;-{~,~, ()hlO ,~t."-;; L:!~'j 0 b r ~~.c ~):1~.:j'E.i f31 Q r; j ~'! -:::-)~J:'~~n -i (;:~.; f:,\j~ I. .,,~. C~ o~ f~ o~ I~ III II FINAL BUILD SPECIFICATION Re~o~ Date Or er ate 201/749 6/2672557 Preliminary 201/75~ 8/27/2007 Price Agree 201/751 8/30/2007 Build Specification Agree 2051751 6120/2007 Final 2001751 10/10/2007 Invoice LAST EDIT 206/751 9/14/2007 ESCAMBIA CO. EMS 2920 NORTH "L" STREET PENSACOLA FL Zip Code: 32501 MIKE WEAVER Department: Address: Post Office: City: State: Contact: Previous Production Num: Production Number: Chassis Year: Chassis: V.I.N.: Chassis Source: HEV Model: Type: Series: Module Num: HEV SIN: 13106 2008 Navistar Medium, 102" Horton 603A MED CUS Dealer: Sales Person: Project Developer: HORTON (IN HOUSE) CA VALLO, JASON PAM GEST Projected Dealer Price: OptionNum Std Q!y Header/Description/DatatComment Final Build Specification OK NOT OK lAB~- Horton Emergency Vehicles Feature List 6/20/2007 ii! (2) VEHICLE ORDER - #13106 - #13107 IAI L NAVISTAR CHASSIS ~ AIN23007 o 1 CHASSIS, 2007 NAVISTAR 4300lP, DT466E.245 HP/EVS 3000,102" CIA The chassis required to complete the ambulance conversion shall be supplied by Horton. 8/30/2007 AINSP1CO 1 CHASSIS INTERIOR COLOR SHALL BE GRAY ASP00100 0 1 CHASSIS SPECIAL INSTRUCTION 4/13/2006 CHASSIS TO INCLUDE ENGINE HOURMETER. [B CHASSIS MODIFICATIONS, HARDWARE AND ACCESSORIES BH02FOOO 1 WHEEL HUB & LUG NUT COVERS, STAINLESS STEEL MEDIUM DUTY CHASSIS Polished stainless steel hub and lug nut covers shall be installed on all four outside wheels. Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS \ ,,\ ---~---------~ .. . _'___u____' _____) Page 1 of 29 CAVALLO, JASON OptionNum Std Q1y Header/Description/DatalComment Final Build Specification OK NOT OK BH02HOOO 1 TIRE SIZE, 19.5", MEDIUM DUTY: This vehicle is specified to have 19.5" tires. BH060000 BH070000 BH110000 9/29/2003 9/29/2003 o REAR DOCK BUMPERS Two rubber dock bumpers shall be bolted to the rear step end caps for protection when backing. o REINFORCE REAR BUMPER END CAPS Reinforce end caps of rear bumper for greater impact resistance. REAR STEP/STEP BUMPER ASSEMBLY The center section of the rear step bumper shall be constructed of aluminum grip strut and be hinged to assist in patient handling. 9/14/2007 !!! THIS STEP TO BE INSTALLED 3.00" FROM THE REAR DIAMOND PLATE RISER TO THE BACK OF THE STEP. ! ! ! INSTALL A CUSTOM LIFT UP CENTER SECTION WITH Ai. 00" HIGH NOTCH IN THE LOWER EDGE OF THE REAR VERTICAL DIAMOND PLATE EDGE TO PREVENT COT RUNNERS FROM DRAGGING ON THE STEP WHEN IT IS IN THE UP POSITION. REINFORCE LIFT UP SECTION ('11TH FLAT STOCK. ff! REFER TO ENGINEERING FOR DETAILS. (REF. 10597 & 12587) BH261000 BH320ROO 4/13/2006 ENGINEERING ENGINEERING o 1 FUEL TANK COVERS, DIAMOND PLATE, FOR NAVISTAR 4300 CHASSIS Diamond plate step well covers shall be installed on both the curb and street side cab step wells. The covers shall be made of .125"thick polished diamond tread plate with a minimum 3003-H14 alloy. The cover shall include a Kwikee pullout tray for chassis batteries. 1 AIR SUSPENSION SWITCH: dump override A switch will be installed where specified, to override the automatic dump feature activated by the left rear patient compartment entry door. 9/19/2006 Switch Loca te: BHSPD006 BL26BOOO BL32AOOO 7/12/2003 Curbside riser near rear doors 1 MIRROR: OEM 1 BACKUP ALARM RESET Backup alarm to automatically reset to on if alarm was canceled during previous use. OEM AM/FM/CD PLAYER SHALL BE PROVIDED BY THE OEM MANUFACTURER OEM AM/FM/CD player shall be provided by the OEM manufacturer on all Horton supplied chassis. Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 2 of 29 CAVALLO, JASON OptlonNum Std Q1y Header/Description/DataJComment Final Build Specification OK NOT OK Ie CONVERSIONS I CA590000 6/20/2007 CA590001 o 1 CONVERSION MODEL: 603A MEDIUM DUTY NAVISTAR 4300 MINIMUM BODY (Exterior) -Height: -Width: -Length: (Interior) -Height: -Aisle -Width: DIMENSIONS: 89" 96" 167" 70" 20" 20" (from edge of cot in wall position bench riser) to squad -Length: OVERALL DIMENSIONS -Height: -Width: -Length: 163" (Including Chassis, Module 108" (to top of vent) 100" 290" Navistar 289" Freightliner and Step) : ! ! ! NEW STYLE LED LIGHTING IN ALL COMPARTMENTS. 1 603A STREETSIDE FORWARD: Clear Door Opening: Actual Compartment This area shall be accessed The compartment shall house compartment shall be vented 16.2" wide x 78.6" high 18.9" wide x 81.6" high x 21.5" through a single outside hinged door. the vehicle's primary 02 cylinder. The to the outside. ENGINEERING 10/11/2006 LOUVERS ARE TO BE STAMPED FACING DOWN ILOS. ENGINEERING CA590001 0 DR080000 SHELF, FOR VERTICAL EXTERIOR COMPARTMENT Install a diamond plate adjustable shelf as noted below. Includes a compartment light. ENGINEERING 9/15/2006 LOCA TE : CA590002 UPPER PORTION OF STREETSIDE #1 COMPARTMENT ABOVE THE 02 TANK APPROXIMATELY 60" ABOVE THE FLOOR. ENGINEERING 1 603A STREETSIDE INTERMEDIATE: Clear Door Opening: 48.2" wide x 27.8" high Actual Dimensions: 51.9" wide x 31" high x 21.5" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices. ENGINEERING 10/11/2006 LOUVERS ARE TO BE STAMPED FACING DOWN ILOS. CA590002 0 DR100000 INSTALL ALL ELECTRICAL EQUIPMENT ON CEILING OF COMPARTMENT AND COVER WITH AN EXPANDED METAL GUARD. ENGINEERING PULL OUT TRAY FOR EXTERIOR COMPARTMENT Diamond plate pull-out tray installed as noted below: 9/14/2007 LOCATE: 2" BELOW THE PROTECTING METAL GUARD COVERING THE ELECTRICAL ITEMS IN CEILING Wednesday, October 10, 2007 HORTON (IN HOUSE} I. .,,~, Production Number 13106 ESCAMBIA co. EMS Page 3 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK CA590004 1 603A STREETSIDE REAR: Clear Door Opening: 32" wide x 78.6" high Actual Dimensions: 37.4" wide x 81.6" high x 21.5" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices: ENGINEERING 10/11/2006 LOUVERS TO BE STAMPED FACING DOWN ILOS. ENGINEERING CA590004 0 CB040000 COMPARTMENT HEIGHT Modify: first, street side The height of the standard compartment for this model shall be modified. This is the first street side compartment height modification and shall include affected modifications to the interior cabinet. ENGINEERING 6/20/2007 HEIGHT MODIFICATION: LOCATE: CA590004 0 DR080000 LOWER TO 61.375" ID SS REAR #4 ENGINEERING 1 SHELF, FOR VERTICAL EXTERIOR COMPARTMENT Install a diamond plate adjustable shelf as noted below. Includes a compartment light. 9/20/2006 LOCATE; CA590005 MIDPOINT OF COMPT 1 603A CURBSIDE REAR: Clear Door Opening: 25" wide x 78.6" high Actual Dimensions: 29.6" wide x 81.6" high x 21.5" This area shall be accessed through a single outside hinged door ENGINEERING 9/14/2007 LOUVERS TO BE STAMPED FACING DOWN lLOS. CA590005 0 CB060WOO ! ! ! IN ADDITION TO DECREASING WIDTH OF COMPARTMENT 4" ADD AN OFFSSET IN RIGHT HAND SIDE OF COMPARTMENT THAT PROTRUDES INTO THE DOOR OPENING FOR 75" OF USABLE LENGTH ON BENCH. INSTALL AN ALUMINUM ANGLE 60" FROM FLOOR OF THIS COMPARTMENT TO PREVENT 72" LONG BACKBOARDS FROM FALLING OUT IF THE VEHICLE IS PARKED ON AN INCLINE. COVER THE ANGLE WITH GRAY STICK-ON RUBBER MATTING. IT NILL BE NECESSARY TO LOAD THE BACKBOARDS TOP FIRST IN BEHIND THE ANGLE. ENGINEERING COMPARTMENT WIDTH Modify: first, curbside The width of the standard compartment for this model shall be modified. This is the first curbside compartment width modification and shall include affected modifications to the interior cabinet. 6/20/2007 Nidth Modifi cation: DECREASE 4" CA590005 0 DR080000 3 SHELF, FOR VERTICAL EXTERIOR COMPARTMENT Install a diamond plate adjustable shelf as noted below. Includes a compartment light. 9/14/2007 LOCATE: RIGHT SIDE OF DIVIDER IN UPPER PORTION SPACED FOR I/O ACCESS. ! ! ! SHELF TRACK TO BE FULL HEIGHT. Wednesday, October 10, 2007 HORTON (IN HOUSE) , .....t. Production Number 13106 ESCAMBIA CO. EMS Page 4 of 29 CAVALLO, JASON OptionNum Std Q1y Header/Description/Data/Comment Final Build Specification OK NOT OK CA590005 0 DR11 AOOO 1 VERTICAL COMPARTMENT DIVIDER, FIXED Install a 16" deep fixed vertical divider shall be installed in the location listed below. (Divider material is to match the compartment material) 6/20/2007 LOCATE: 8" FROM LEFT SIDE OF COMPARTMENT CA590006 1 603A CURBSIDE FORWARD: Clear Door Opening: 16.1" wide x 78.6" high Actual Dimensions: 20.7" wide x 81.6" high x 30" This area shall be accessed through a single outside hinged door and from an opening located on the curb side forward wall. The area shall be primarily used for storage of customer furnished jump kits. 8/30/2007 NOTE: RELOCATED AFT OF THE SIDE DOOR PER NOTE BELOW. ! ! ! NOTE 4" INCREASE IN WIDTH. !! ! INSTALL ONLY TWO (2) SHELVES IN THIS COMPARTMENT. ENGINEERING CA590006 0 CB06AWOO 1 COMPARTMENT WIDTH Modify: second, curbside The width of the standard compartment for this model shall be modified. This is the second curbside compartment width modification and shall include affected modifications to the interior cabinet. 6/20/2007 Width Modification: INCREASE 4" CAB93AEO 0 KKK.A.1822E CERTIFICATION LABEL The vehicle shall have weight/payload, electrical load and KKK-A- l822E certification stickers installed in the 02 compartment. 9/20/2006 !!! HORTON INSTALLED 168-- - BODY MODIFICATIONS/OPTIONS CB030000 o 2 MODULE HEAD ROOM, INCREASE FROM STANDARD (PER INCH) The standard module body headroom shall be increased from standard per the quantity listed below. The quantity represents inches and must be in increments of 2". 4/13/2006 Headroom Required: 72.00" ENGINEERING Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS I ,., ENGINEERING I ENGINEERING Page 5 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Description/DatalComment Final Build Specification OK NOT OK CB06CCOO 0 CRASH BARRIER SAFETY CONFIGURATION The side access door is to be relocated at the forward most area on the curbside of the body. The space between the door and the head of the bench is to be occupied by an inside/outside access compartment with one standard shelf .125" thickness. The bench must remain a minimum of 72" long. ENGINEERING 6/20/2007 Note: CB07S000 9/15/2006 CB09S000 CB09SBOO 0 Requires 75" squad bench length Note to Sales Person: Modify bid specs to reflect this option. Ordering this option requires that you delete the front wall cabinet and that you change the walkthrough door to sliding in lieu of hinged. ENGINEERING o 1 BODY MOLDING: delete The normal body seams shall be welded, filled and prepared prior to paint primer. Body trim molding shall be deleted. (does not apply with selection of Wheel Well compartments) ENGINEERING PAINT 1 SOUNDPROOFING The understructure of the module floor shall include the standard soundproofing package. 1 WALK THROUGH MODIFICATION FOR CUSTOM HEAT/AC SYSTEM Shift the bulkhead walk through opening 2" toward the curbside of vehicle so it is compatible with the custom heat/ac unit. ENGINEERING 9/27/2006 !!! PASS THROUGH VEHICLE. ENGINEERING [0 MODULE BODY HARDWARE I DG060000 WINDOWS, MODULE BODY ENTRY DOORS The rear module entry doors shall have solid windows. The side entry door shall have a sliding window. 9/30/2003 !!! SIDE PATIENT ACCESS DOOR WINDOW TO BE SOLID ILO SLIDING. DC06Aooe 9/30/2003 DG06COOO 0 9/30/2003 o ',"lINDO'N, ounBE;IDE OF' 800'1 ADOVE SQUAD BEUCH DELETE A fixed window shall be installed on the curbside of the body above the squad bench. PRIVACY GLASS: All patient windows shall have dark privacy glass. The windows shall meet FMVSS glazing standards. No films are to be used. Production Number 13106 ESCAMBIA co. EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) , ... Page 6 of 29 CA VALLO, JASON OptionNum Std Q.ty Header/Description/DatalComment Final Build Specification OK NOT OK DH030000 o 1 STAINLESS STEEL SPLASH SHIELDS Install brushed stainless splash shields on the lower front face of the body just behind the cab access doors. These splash shields are to be the same height as the diamond plate front corner guards. DH03Booe DH040000 DH04nroe DH04RSOO 0 DH270000 DH330000 DL480000 7/23/2004 o MrnnOFl STAINLESS STEEL SPLASH SWELDE: DELETE Install #8 mirror stainless splash shields on the lower front face of the body just behind the cab access doors. These splash shields are to be the same height as the diamond plate front corner guards. 7/23/2004 MODULE BODY FENDERS: stainless steel Rear wheel housings shall have stainless steel flare skirts to protect the wheel house opening and side body finish. o POLISHED STAINLESS LoWen BOD'/ nUB nAILS DELETE Polished stainless lower body rub rails, with Its mirror finish, are to be along the bottom of the body on each side. 7/23/2004 1 DIAMOND PLATE LOWER BODY RUB RAILS Aluminum diamond plate lower body rub rails are to be along the bottom of the body on each side. 7/23/2004 o 1 ACCESS STEP (AUTOMATIC): A step shall be installed at the side door. The step shall automatically fold out by electrical means when the side door is opened. 6/20/2007 1 REAR DOOR HOLD OPENS, GRABBER Install Cast Products "Grabber" style rear door hold opens. (NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED) NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED. o 1 ELECTRIC DOOR LOCKS: compartment Power activated door locks shall be installed on all exterior compartment doors. Locks shall be activated by a switch at each patient area access door, a switch in the front radio console and controlled with the access door locks. Locks may be overridden by a door key. 10/7/2003 Wednesday, October 10, 2007 HORTON (IN HOUSE) " ...~c Production Number 13106 ESCAMB1A co. EMS Page 7 of 29 CA VALLO, JASON OptionNum Std Qi'l Header/Description/Data/Comment Final Build Specification OK NOT OK DL48AOOO ELECTRIC DOOR LOCKS: access doors Power activated door locks shall be installed on patient area access doors. Locks shall be activated by a switch at each patient area door, -a switch in the front radio console and controlled with the access door locks. Locks may be overridden by a manual slide lever or by the door key. 10/11/2006 !!! INSTALL AN ADDITIONAL DOOR LOCK SWITCH IN THE INHALATION PANEL. THIS SWITCH TO OPERATE ALL LOCKS. DL48COOO DL48DOOO DLH40000 DM100000 DR220000 DR22AOOO DR23AOOO IE o 3 ELECTRIC DOOR SWITCH: programmable touch pad The patient area power door locks will include an exterior programmable touch pad system located near the body side access door. 3/29/2006 Locate: INSTALL (1) ON EACH SIDE OF MODULE BODY PER DRAWING AND (1) ON REAR PER DRAWING. o ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES The module door locks and compartment locks (if ordered) are to be wired to the chassis door lock switches. 9/30/2003 o 1 RECESSED LICENSE PLATE BRACKET A Cast Products #LP0002 recessed license plate bracket shall be installed per the attached drawing. The bracket will include lighting in the top to illuminate the license plate. 9/30/2003 REFLECTORS: All patient compartment entry doors shall have red reflectors in the lower corner. o FlUBBEn MATTINC IN EXTEnrOR COMrARTMENTS DELETE Ribbed rubber matting will be installed on the floor and shelves of all exterior compartments. 9/30/2003 o 1 MATEFLEX IN EXTERIOR COMPARTMENTS Mateflex will be installed on the floor and shelves of all exterior compartments. 9/30/2003 Color: BLACK 1 RUBBER COVERED WALLS IN BACKBOARD COMPARTMENT The interior of the backboard compartment is to be covered with rubber matting to protect equipment stored in this area. Color: GRAY PAINT AND STRIPING I Wednesday, October 10, 2007 HORTON (IN HOUSE) " .",~ Production Number 13106 ESCAMBIA co. EMS Page 8 of 29 CAVALLO, JASON OPtionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK ED010000 CHASSIS PAINT: standard white Chassis color to be standard white. ED040000 ED090000 ED2BAOOQ ED300009 MODULE PAINT: standard white Paint module standard white Sikkens #FLNA4002. o STRIPE: custom Special paint stripe See drawing 6/20/2007 Paint Color: RED Paint Number: FLNA3042 !!! INSTALL AN 8.00" WIDE BELTLINE STRIPE WITH 1.125" SAPPHIRE BLUE VINYL SPACED. 250" ABOVE AND BELOW STRIPE WITH "QRS" GOING INTO TOP OF STRIPE. SEE DRAWING. !!! ADD A LOWER SKIRT STRIPE WITH 1.125" BLUE VINYL STARTING AT TOP OF REAR CORNER GUARD THEN A .250" GAP THEN THl!: PAINTED STRIPE TO THE BOTTOM OF THE BODY. ! ! ! REFER TO DRAIHNG ! ! ! SAPPHIRE BLUE VINYL LISTED IN #220-37 PN# 10001920 !!! DUPLICATE OF PREVIOUS VEHICLES. o CTnWE: stal'ldard a" l:leltliRc, 6rafl~e Use standard 8" body paint stripe using Sikkens # DELETE 9/30/2003 o T'IU CTnII"C. 1/4" blael\ DELETE The single color stripe as described above shall include a l/4"black pinstripe that surrounds the entire accent stripe. 9/30/2003 rF-- _.... ... ... -INTERIOR CABINET DOORS, HANDLES & HARDWARE FE010000 FE01FTOO FE02AOOO FEQ60000 . .. --------------------, 1 FULL HEIGHT PULL HANDLES ON SLIDING PLEXIGLAS DOORS All sliding cabinet doors to have full length pull handles. LATCH, HINGED DOOR: South co flush stainless steel pull style Install stainless flush mount Southco pull latches on the hinged interior cabinet doors. PLEXIGLAS COLOR: light tint All Plexiglas doors to be light tint. o CTAINLeSEl STeEL OOUNTEn TOT'S (STANBAnD) DELETE Stainless steel pan formed counter tops shall be installed in the patient area. 9/30/2003 Production Number 13106 ESCAMBIA co. EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) ,. ...,~, Page 9 of 29 CA VALLO, JASON OptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK FE06BOOO o 2 AVONITE COUNTER TOP WITH COVED INTERIOR EDGES An Avonite counter top shall be installed made from the material listed below. The inside vertical and horizontal shall have a smooth rounded radius instead of a 90 degree mated surface. 9/19/2006 Color: ROYAL SAPPHIRE #G3-1660 FE08STOO 1 INHALATION PANEL (STANDARD): The inhalation panel is to be fabricated from Coosa material and covered with Formica to match to color selected. FSPoa001 0 1 SPECIAL INSTRUCTION, CABINET DOORS, HANDLES & HARDWARE 9/30/2003 !!! ALL INTERIOR HINGED CABINET DOORS (FLEX AND SOLID) ARE TO BE INSTALLED USING STAINLESS STEEL CONTINUOUS HINGE. [G GF01 ROOa INTERIOR COLORS, UPHOLSTERY AND SEATING I o 1 INTERIOR COLOR SCHEME: Custom Custom selection 9/20/2006 FLOOR: LONCOIN FLECKSTONE SAPPHIRE #152 RISER: INDIGO BLUE WITH BURGUNDY ACCENT STRIPE WALL: FASHION GRAY GLOSSIE CABINET: FASHION GRAY ALUMINUM UPHOLSTERY: FLINT GRAY GF02MOOO GF02POao CK12eaoo 9/30/2003 GK12COOO 0 9/30/2003 INSIDE CABINET FINISH: paint The interior of all aluminum cabinets shall have a durable paint finish. The painted surface shall be washable and non-absorbent. 1 RISERS: The interior of this vehicle is to contain no wood or wood products. The risers are to be made of reinforced structural composite board covered with Formica per the color description. o DOXEDATTCNDAtnsEAT DELETE A boxed seat base shall be located at the head of the cot. The base shall be fabricated from aluminum. The seat shall have a 3" thick padded seat cushion and a 3" thick Lumbar contoured backrest. HIGH BACK CHILD SAFETY SEAT Delete the standard attendant seat cushion. Install a high back bucket seat with built in child seat restraints. The seat to be adjustable front to rear. Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBJA co. EMS Page 10 of 29 CA VALLO, JASON OptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK GK12C1QO o 1 SWIVEL MOUNT BASE FOR CHILD SAFETY SEAT A Child Safety back attendant seat will be mounted on a #10000534 swivel seat base. This option will require the vehicle heat lac system to be relocated into the bottom of the linen cabinet. 9120/2006 LOCATE: MOVE TOWARDS CENTER FROM STANDARD TO ALLOW SEAT TO SWIVEL 360 DEGREES. [H----U INTERIOR CABINETRY, STREET SIDE HI<000000 9/20/2006 HK000200 --1 o LINEN CLOSET DELETE A vertical storage cabinet shall be located behind the attendant seat. The upper storage area shall house the primary electrical distribution area. The lower section shall be used for miscellaneous storage. Each area shall be accessed through hinged doors. The electrical distribution area shall include a Southco key lock/latching device. The entire cabinet shall be fabricated from aluminum and shall then be painted, unless otherwise specified. 1 LINEN CLOSET WITH HEAT/AC UNIT IN BOTTOM A vertical storage cabinet shall be located behind the attendant seat. The upper storage area shall house the primary electrical distribution area. The lower section shall be used to house the vehicle heat/ac unit. The outer surface of this area will be covered with perforated stainless steel providing intake air to the heat/ac unit. The center section can be utilized for miscellaneous storage. The electrical distribution area and the center storage area shall be accessed through hinged doors. The electrical distribution area shall include a Southco key lock/latching device. The entire cabinet shall be fabricated from aluminum and shall then be painted, unless otherwise specified. 6/20/2007 !!! INSTALL A VENTED PANEL IN THE LOWER DOOR ON THIS CABINET. ! !! THE AREA BELOW THE ELECTRONICS IS TO HAVE A DRUG INSERT CABINET PER KllA. 11[(01 AO 08 9/20/2006 HK01 BOOO o o STnEETSIDE WALL WITHOUT ern neAT DELETE Street side cabinet wall to be per drawing. STREETSlDE WALL WITH CPR SEAT Street side wall to have CPR configuration. SEE DRAWINGS 10/11/2006 (( I CABINET WALL PER DRAWING. ! ! ! INSTALL THE INHALATION PANEL STRAIGHT ILO ANGLED AND SET BACK 8.00" FROM THE FACE OF THE CABINET. ! ! ! NOTE INSTALLATION OF SPECIAL FLUORESCENT LIGHT ABOVE 02 PANEL ILOS BAR LIGHT. ( (( INSTALL SMALL OSCILLATING FAN IN OPEN AREA TO REAR OF CPR SEAT. Production Number 13106 ESCAMBIA co. EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) , .A Page 11 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Descriptfon/Data/Comment Final Build Specification OK NOT OK HK01DOOO o 1 ADJUSTABLE VERTICAL DIVIDERS: Install adjustable shelf tracks recessed into the upper and lower cabinet walls. Fabricate Plexiglas dividers to fit vertically into the cabinet and between the recessed tracks. The dividers shall be adjustable within the track and held into position with cushioned track shelf supports. 6/20/2007 LOCATE: QTY: HKOl ROOO CABINET OVER ACTION AREA 6 o 2 LIFT UP CABINET FRAMES: street-side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. 9/20/2006 LOCATE: TWO UPPER CABINETS HK03DOOO o 1 PULL OUT DRAWER INSTALLATION IN MAIN CABINET WALL Pullout drawer(s) shall be installed in the main cabinet wall at the locations listed below. 8/30/2007 !!! PULL OUT WRITING TRAY ONLY. !!! INSTALL BELOW INHALATION COUNTER IN CABINET SO CABINET DOOR MUST BE OPENED TO ACCESS PULL OUT WRITING TRAY. HKllAOOO o DRUG BOX: enclosed A separate drug storage box shall be fabricated and installed within the cabinet as designated in the cabinet wall diagram 9/30/2003 Locate: IN THE CENTER PORTION OF THE VERTICAL CABINET BEHIND THE ATTENDANT'S SEAT. INSTALL AN ALUMINUM BOX THAT IS 10.00" WIDE X 13.00" HIGH X 15.00" DEEP WITH A HINGED ALUMINUM DOOR. INSTALL A NATIONAL KEY LOCK IN DOOR. ! ! ! NOTE DOOR TO BE INSTALLED USING STAINLESS STEEL CONTINUOUS HINGE. HKll BOOO 0 LOCKING DOOR: single Install a single lockable door. Include a National key lock. 9/30/2003 Locate: UNDER ELECTRONICS PER DRAWING. HK14BOOO 1 L1FEPAK 12 SWIVEL BRACKET A swivel bracket for a Lifepak 12 shall be installed as designated. 9/14/2007 !!! BRACKET TO BE A "ALLURE MEDICAL tfAMM200". INSTALL AVONITE SPACERS UNDER BRACKET TO ALLOr", IT TO SWIVEL. HI<17GOOe 9/30/2003 II ~ ~ " ~. o o CIIAnrESr....ASTC DlsrOSAL: DELETE Install sharpes and waste disposal in a metal container recessed into the inhalation counter top. Access to the waste receptacle shall be through a spring loaded door. The neck of the sharps container shall protrude through the top surface of the receptacle. Disposal of both containers shall be accessible by raising a hinged aluminum lid. INTERIOR CABINETS AND SQUAD BENCH, CURB SIDE --~-~ ~-1 Production Number 13106 ESCAMBIA co. EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) , .,,~. Page 12 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Descriotion/Data/Comment Final Build Specification OK NOT OK IA200000 1 SQUAD BENCH STORAGE: Storage shall be provided under the bench cushions. The area shall be approximately 6" deep and shall run where possible under the bench. The storage pan shall be fabricated from aluminum and shall be accessed by raising the split cushions. 6/20/2007 !!! 75" BENCH LENGTH. IC05AOOO IG05FOOO 9/30/2003 8 SQUAD BENCH: curs AND weLLS FOn #:11 STnCTOIICFl DELETE on the curb and shall #11. 65" A 22" wide x 72" long bench cushion shall be provided side of the patient area. The cushion shall be split include post and wheel cups for stretcher model: F.W. MINIMUM SQUAD BENCH LENGTH REQUIRED. o 1 S~UAD BENCH: DELETE CUPS AND WELLS A 22" wide x 72" long bench cushion shall be provided on the curb side of the patient area. The cushion shall be split. No provisions for stretcher cups and wells are provided. 9/30/2003 !!! BENCH CUSHIONS TO HAVE 1.50" OVERHANG. IG10AOOO IG100000 IG15AOOO 10/6/2006 1 BENCH HOLD OPENS: gas Install gas spring hold opens on squad bench lid. BENCH HOLD-DOWN: paddle latches (Pair) Install recessed paddle latches into the squad bench riser to retain the squad bench lids in the closed position. The latches shall be both passive and positive. BENCH CUSHION EDGE TRIM: Trim bench cushion edge with protective aluminum trim, to protect horizontal edge of squad bench cushion from tears.. 10/11/2006 DELETE STANDARD ALUMINUM ANGLE TRIM AND INSTALL STAINLESS STEEL PLATE ON BOTTOM OF CUSHION. IK18000D IK18ROOO 9/30/2003 9/19/2006 e DENCH CABltJET, CEILlNC STORACE WITH SLlDINC rLEXICLAS DeePf!)ELETE Install an aluminum cabinet at ceiling level above the squad bench. Access to this cabinet is to be provided through sliding Plexiglas doors. o LIFT UP CABINET FRAMES: curb-side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. Production Number 13106 ESCAMBIA co. EMS Wednesday, October 10. 2007 HORTON (IN HOUSE) I, ....~, Page 13 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Descrjption/Data/Comment Final Build Specification OK NOT OK IK18RHOO o 1 BENCH CEILING STORAGE WITH SLIDING PLEX DOORS AND GLOVE STORAGE A cabinet shall be installed at the upper portion of the curbside wall next to ceiling. The cabinet shall have sliding Plexiglas doors in the rear section and storage for (3) boxes of rubber gloves in the forward section. 9/19/2006 IK280000 o PASS THROUGH ACCESS TO THE CURBSIDE REAR COMPARTMENT Inside/outside access to the curbside rear compartment shall be provided as described. 10/11/2006 SIZE: UPPER PORTION ON AISLE SIDE DOOR STYLE: HINGED PLEXIGLAS NOTE: INSTALL A MAGNETIC DOOR SWITCH TO ACTIVATE LIGHTING INSIDE COMP AR TMENT . ISPOOOOi o 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY ENGINEERING 9/19/2006 INSTALL A STORAGE AREA FOR THREE J D I BOTTLES IN THE CABINET AT THE HEAD OF THE BENCH. THE BOTTLES ARE TO BE ACCESSIBLE FROM THE STEPWELL WITH AN EXTERIOR STYLE DOOR WITH TRIMARK HANDLE SIMILAR TO 12151. THIS WILL CREATE A 'FLOOR' INSIDE THE COMPARTMENT AT ABOUT INTERIOR FLOOR LEVEL. BOTTOM WILL ONLY BE ACCESSIBLE FROM THE EXTERIOR. ENGINEERING ISP00002 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY 8/30/2007 !!! SHARPS WASTE STORAGE TO BE RECESSED AT HEAD OF BENCH WITH LIFT UP LID AND HINGE DOOR. IJ ~~ ---- INTERIOR CABINETS, FRONT I JAK03000 o FnONT'NALLCABINET: DELETE The front wall cabinet shall be arranged per drawing. Additional configuration information may follow. 10/20/2006 JE9400GO 4 9 FAONTWALL DOORS: rlcxisla3 DELETE Front cabinet wall to have hinged Plexiglas doors, and latch type as designated. 9/30/2003 JE05R100 1 ROBINSON ROLL UP DOOR, FULL HEIGHT A full height Robinson roll up door shall be provided. The door is to include a lift bar latch with key lock. 6/20/2007 !!! INSTALL A FULL HEIGHT FRONT ROLL STYLE. ! ! ! THIS OPTION APPLIES TO THE COMPARTMENT AT THE HEAD OF THE BENCH. ! ! ! NOTE THIS DOOR WILL BE WIDER THAN DOOR ON PREVIOUS VEHICLES. o Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA CO. EMS Page 14 of 29 CAVALLO, JASON I .,,~c OptionNum Std Q1y HeaderJDescriptionJDatalComment Final Build Specification OK NOT OK dK13COOO (3 CAD TO MODULI: 'N Aum 1n0UQII Doon, IiINCED DEL ET E Install a recessed hinged front cabin closeout door on the right front compartment wall. 4/13/2006 This door cannot be deleted for credit in a non walkthrough vehicle. [K ------ . MODULE INTERIOR ACCESSORIESA~iri lR-IM- ---- I KG02AOOO 0 3 I.V. HOOKS: Perko Install Perko I.V. hook where indicated. 6/20/2007 Locate: CHEST OF COT CHEST OF BENCH FOOT OF BENCH KG02BOOO 2 1 IV HANGER, CAST PRODUCTS WITH RUBBER ARM Cast products recessed IV hangers with rubber arms for attaching solution bags shall be installed in the designated locations. 6/20/2007 Locate: OVER FOOT OF COT KG07AOOO 0 CEILING GRAB RAIL: (2) 2ft rails or (1) 6ft rail Cabinet wall "A" will have (1) 6' rail over cot. Cabinet wall "E" will have (2) 2' rails, 1-forward and 1-to rear of CPR seat. 7/23/2004 Cabinet wall "A" will have (1) 6' rail over cot. Cabinet wall "B" will have (2) 2' rails, l-forward and l-to rear of CPR seat. KG07COOO 0 GRAB RAIL: additional 6ft Additional (61ft long ceiling mounted stainless steel grab rail. 7/23/2004 LOCATE: CURBSIDE OF CEILING PER PRINTS. KG07HOOO 0 1 VERTICAL GRAB RAIL INSTALLATION, 2 FT. Install 2' stainless steel grab rail. 6/20/2007 Locate: ON ANGLE AT END OF BENCH WALL TO ASSIST WITH ENTRY THROUGH SIDE DOOR KG07JOOO 7/23/2004 KC09BOOO 10/6/2006 o PATIENT DOOR GRAB RAILS: angled All patient access doors to have heavy duty angled stainless steel grab rails with smooth radius corners and flange mounting. o CEILlNC cnAB nAIL: stsl'\dard (2) 2ft l't'Iils er (1) 6ft rail tll'lti mi&raoial DELETE Cabinet wall "A" l'Iill have (1) 6' rail over cot as standard. Cabinet l'Iall "E" l'Iill have (2) 2' rails, l-forl'lard and l-to rear of CPR seat. Production Number 13106 ESCAMBIA co, EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) I .". Page 15 of 29 CA VALLO, JASON OptionNum Std Q1y Header/Description/DatatComment Final Build Specification OK NOT OK I<C09l<OOe KG110000 KG120000 KG16BOOO 7/23/2004 8 r"ATIENT Doon cnAD nAilS: angled \ivith anti microbial ceating DELETE All patient access doors to have heavy duty angled stainless steel grab rails with smooth radius corners and flange mounting and anti- microbial coating. . 1 FLOOR TRIM Trim floor with cove molding at non rolled areas of floor. CABINET TRIM Trim all vertical and horizontal edges. 1 CEILING MATERIAL, PLATINUM WHITE ALUMINUM COMPOSITE The standard module ceiling material shall be platinum white aluminum composite. l<C17AOOe 2 8 rlnE EXTINCUISHERS: Sib ABC KL33BOOO 9/30/2003 DELETE Supply five pound fire ABC extinguisher(s). Ship loose, or identify mounting location(s). o 1 REAR RADIO SPEAKERS Install two rear speakers in patient compartment. Volume control to be integral to the rear switch panel and controlled by individual up/down momentary switches. 9/30/2003 Locate: OVER REAR DOORS KSP00001 0 2 SPECIAL INSTRUCTION, INTERIOR ACCESSORIES & TRIM 10/11/2006 SHIP (2) 10# ABC FIRE EXTINGUISHERS AND (2) #10000076 VEHICLE MOUNTS LOOSE WITH THE COMPLETED VEHICLE. 11..--- - LG03BOOO COT MOUNTS AND PATIENT HANDLING: ."1 COT MOUNT STYLE: 175.4 dual position Cot mount to be dual position FW 175-4 for CPR cabinet wall. 8/30/2007 COT MODEL: LOCATE: 'M PROFLEXX 93-P CENTER MOUNT ONLY L1GHTBARS FRONT AND REAR I MAM148FO 1 FRONT L1GHTBARS FOR 96" BODIES Wednesday, October 10, 2007 HORTON (IN HOUSE) ,. .,.~. Production Number 13106 ESCAMBIA co. EMS Page 16 of 29 CA VALLO, JASON OptionNum Std.Q1y Header/Description/DataJComment Final BUIld Specification OK NOT OK MAM148FO 0 MAM15YOO LIGHT BAR: custom front Install special front light bar. 8/30/2007 Model: WHELEN FREEDOM BAR Configure: [RED REAR CORNER] [R] [W][R] [W] [W] [R][W] [R] [RED REAR CORNER] ALL LED MAM148FO 0 MAM20AOO LIGHT BAR MOUNT: cab roof Mount light bar on cab roof. 9/21/2006 Madel: selected above MAM148Re (;) REAn L1CHTBAns Fon 96" BODIES DELETE 4/13/2006 IMM ----1 ELECTRICAL EMERGENCY VISUAL WARNING SYSTEMS MM01 AGOO 0 1 WIG WAG HEADLIGHTS: Install wig wag headlight flasher. 9/30/2003 MM26Aooe 8 (;) nED HALOCEN fLASllINC LICHTS, 900 srnle!:: DELETE Whelen 900 series halogen flashing lights with chrome flange shall be installed in each upper corner of the module side and front face. 9/30/2003 MM26B030 0 6 RED SUPER L.E.D. LIGHT, 900 SERIES Whelen 900 series red super L.E.D. lights shall be installed in the designated locations. 6/20/2007 COLOR: RED (2) STREETSIDE (2) CURBSIDE (2) UPPER REAR OUTBOARD CORNERS MM26F020 0 4 RED L.E.D. LIGHT, 700 SERIES Whelen 700 series red L.E.D. lights shall be installed in the designated location. 6/20/2007 LOCATE: COLOR: CONFIGURE: OVER REAR f'lHEELWELLS RED/CLEAR SPLIT INSTALL RED PORTION FORWARD LOCATE: COLOR: CONFIGURE: IN RISER BELOW REAR DOORS RED/AMBER SPLIT TO ALTERNATE FLASH WHEN REAR DOORS REGARDLESS OF MODULE DISCONNECT ARE OPEN Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 17 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Description/DatalComment Final Build Specification OK NOT OK MM261<OOO DELETE mounted centered on o 'J'niITE HALOCE~J l<l<I( rnONT LICHT, 700 GEniES (1) clear flashing series 700 light to be front face of modular body. 9/30/2003 MM26N030 0 2 AMBER SUPER L.E.D. KKK REAR LIGHT, 900 SERIES (1) AMBER series 900 super L.E.D. light to be mounted centered on rear face of modular body. MM26QOOe MM26R020 0 MM26SHOO MM26S100 MM26TI20 MM26UI20 MM26ULOO iMN 6/20/2007 !! 1 INSTALL ON REAR AT WINDOW LEVEL. o AMBEn I-IALOCEN 1(1(1( nEAn LICHT, 7aa OCnlCO DELETE (1) amber flashing 700 series halogen light to be mounted centered on rear of modular body over rear doors. 9/30/2003 1 AMBER L.E.D. KKK REAR LIGHT, 700 SERIES (1) AMBER series 700 L.E.D. light to be mounted centered on rear face of modular body. 2/25/2005 HOUSINGS FOR I-SECTION LIGHTS, 400 HALOGEN OR STROBE, NAVISTAR 4300 Whelen #4IITK1 housings will be utilized to mount Whelen 4E series strobe or halogen intersection lights. o INTEnCECTION L1CHTS, 400 CEnlEC llALOCEN DELETE Whelen 400 series red halogen lights shall be installed in the chassis fenders for intersection lights. 4/t 3/2006 o INTERSECTION LIGHTS, WHELEN L.E,D, 400 SERIES RED WITH FLANGE Intersection lights shall be Whelen 400 series L.E.D. style. 1 GRILLE LIGHTS, WHELEN L.E.D. 700 SERIES RED Grille lights will be Whelen L.E.D. style. 3/29/2006 1 HOUSING FOR WHELEN 700 SERIES L.E.D. GRILLE LIGHTS, 4300 NAV1STAR Whelen #7GILKTl housings will be utilized to mount Whelen 700 series L.E.D. grille lights. AUDIBLE EMERGENCY WARNING SYSTEMS I Production Number 13106 ESCAMBIA co. EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) , wI Page 18 of 29 CAVALLO, JASON OptionNum Std Q!y Header/Description/DatalComment Final Build Specification OK NOT OK MN09NOOO MN35BOOO 0 MN35COQO MN40AOOO MN45UlOO MN50AOOO ~-~-- OLB9Fooa OL09LOOO OL350000 AIR HORN: medium duty chassis The chassis shall have air horns installed from the chassis manufacturer. The air horns shall use the chassis air system. 6/20/2007 TRUMPET LOCATE: ACTIVATE: SIDES OF HOOD OEM HORN RING AND BUTTON ON PASSENGER SIDE OF CONSOLE SIREN: WS295HFS1 Specified siren to be: WHELEN WS295HFSl 9/30/2003 o SIREN: SS7QO DELETE Specified siren to be: Signal Vehicle Products Model SS700 9/30/2003 1 SIREN INSTALL: The following siren shall be supplied and mounted as defined. 9/19/2006 Siren Model: SELECTED ABOVE SPEAKERS WHELEN UNDERPRO, BUMPER MOUNTED SPEAKERS (PAIR) Install Whelen Underpro siren speakers. 1 SPEAKER INSTALL: bumper Speaker Selections (Bumper Installed) 9/19/2006 ELECTRICAL, NON EMERGENCY LIGHTING I 9 I~I(K SIDE DQDY MAnKEn L1CllTfi, (rAin) DELETE Install Whelen 700 series turn/marker lights on each rear side of the module body. Lights provide module body night time side lighting visibility and turning signal indication. 2/25/2005 o 1 KKK SIDE BODY MARKER LIGHTS, L.E.D. (PAIR) Install red Whelen L.E.D. 700 series turn/marker lights on each rear side of the module body. Lights provide module body night time side lighting visibility and turning signal indication. 2/25/2005 1 Ice MARKER LIG HTS LED Ice marker lights shall be installed. Wednesday, October 10, 2007 HORTON (IN HOUSE) , .., Production Number 13106 ESCAMBIA co. EMS Page 19 of 29 CAVALLO, JASON OptionNum Std Q1y Header/Descriotion/Data/Comment Final Build Specification OK NOT OK OM25AOOO 2 4 SIDE SCENE LIGHTS, 900 SERIES Install Whelen 900 series 13 degree angled side scene lights. 9/30/2003 Locate: (2) PER SIDE PER DRAWING. OM25F'OOO 2 0 LOADINC LICHT, 'f/HELEN 700 SEnlEG DELETE Install Whelen 700 Series loading lights with 8-32 degree internal tilt and chrome flange. OM25FOOO 2 2 LOADING LIGHT, WHELEN 700 SERIES Install Whelen 700 Series loading lights with 8-32 degree internal tilt and chrome flange. 4/13/2006 --9M:JOAooe 6/20/2007 OM30L700 0 o TAIL L1CIITO. GeO GCnlES IlALOCE~J DELETE Install Whelen 600 series halogen stop/tail, turn, and reverse lights. 1 TAil LIGHTS, 600 SERIES l.E.D. (1J set of Whelen 600 series L.E.D. lights shall be installed on the rear of the vehicle as designated. They shall include L.E.D. stop/tail and turn signals. The backup lights shall be halogen. 9/30/2003 Locate: VERTICAL STACK ON THE REAR OF THE BODY PER DRAWING. [pC ELECTRICAL POWER GROUP -. P AL00003 P Al01 BOO P AL02GOO 0 INTELLlPLEX MULTIPLEX ELECTRICAL SYSTEM: Install the Intelliplex Multiplex electrical system. BATTERY SWITCH: std. operation The UMaster" battery switch shall switch battery power "on" and "off" to the ambulance body and conversion added electrical circuits only. All OEM chassis electric's, (headlights, ignition, keep alive) shall remain wired Uhot" and have no ability to be switched "off", and provide circuit function as provided by the chassis manufacturer. 1 INVERTER: 20-1000TUl interface A Vanner *20-1000TUL inverter shall be installed in the vehicle's designated electrical equipment location. Included will be a Vanner Interface Module, Inverter Status Panel, and Control Switch. The switch will be installed in the inhalation panel for inverter activation. 10/1/2003 Locate: #2 COMPARTMENT INSTALL SWITCH IN THE INHALATION PANEL. HPN# 03180024 Wednesday, October 10, 2007 HORTON (IN HOUSE) , .,,~. Production Number 13106 ESCAMBJA co. EMS Page 20 of 29 CA VALLO, JASON OptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK PAL04DOO o CHARGER/POWER SUPPLY: 45 AMP Install a q5 amp battery conditioner with ground fault protection shall be installed in the designated electrical equipment area. Conditioner to be wired to the batteries through the standard shoreline inlet. 9/30/2003 PAL30AOO 2 4 ii0V INTERIOR OUTLET Two 110V interior outlets are provided as standard on all models. The standard locations are in the inhalation area and the wall over the squad bench. Additional outlets are to be specified as to their location. 9/14/2007 LOCATE: LOCATE: LOCATE: LOCATE: ! !! SEE DRAWING INHALATION AREA CRASH RESTRAINT CABINET AT HEAD OF BENCH CABINET BELON THE REAR OF THE INHALATION AREA. PASSENGER SIDE OF REAR EXTENSTION OF CONSOLE I"AL31 B09 2 o INTEnlOn i2VDC OUTLCT~. military Install standard 12 volt outlets. DELETE 9/30/2003 PAL3i COO o 3 INTERIOR i2VDC OUTLETS: cigarette lighter type 12 volt outlets to use cigarette lighter style connectors. 9/14/2007 Locate: INHALATION AREA Locate: CRASH RESTRAINT CABINET AT HEAD OF BENCH Locate: PASSENGER'S SIDE OF CONSOLE, FORNARD Configure: "HOT" AT ALL TIMES. I"AL38AOO o CHORELlNE: t"....ist Icelt DELETE Mount standard 3 terminal twist lock shoreline outlet: 9/30/2003 P AL38COO 2 SHORELINE: 20 amp eject Install a 20 amp Kussmaul auto ejection shoreline receptacle. Include a dynamic disconnect. 10/1/2003 Locate: streetside module body !!! WIRE (1) TO BLOCK HEATER AND INTERIOR llOV HEATER I!! WIRE (1) TO ALL OTHER 110V REQUIREMENTS INSIDE VEHICLE. o P AL39000 o 1 WIRE ENGINE BLOCK HEATER: Wire engine block heater to shoreline. Make provisions to disable engine block heater when desired. 9/30/2003 P AL40000 1 EXTRA 12VDC CIRCUIT BREAKER: An extra circuit breaker shall be installed. 9/30/2003 !!! THI S IS TO BE A 15 AMP BREAKER. PL10AOOO 1 SWITCH PANEL MOUNT: Switch panel to be flush mounted in upper face of console. Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 21 of 29 CA VALLO, JASON " .....~c OptionNum Std Q1y Header/Descriotion/Data/Comment Final Build Specification OK NOT OK PL 11 BODO o LIGHT PROGRAMMING: right side scene The right side scene lights shall come "on" when the side patient door is opened. 9/30/2003 PL11COOO 9/30/2003 PL 11 EOOO o LIGHT PROGRAMMING: load light The rear load lights shall be wired to transmission reverse, plus the standard mode of operation. o LIGHT PROGRAMMING: modular disconnect timer The module disconnect shall be wired to automatically shut-down when inadvertently left in the on position, with the engine turned OFF and the battery switch in the ON position. 7/23/2004 Time out: Configure: PL11GOOO PL190000 5 min. Do not time out if shoreline is plugged in LIGHT PROGRAMMING: park brake A warning shall display on the front console readout, advising to set the Parking Brake, should the modular disconnect switch be "ON" and the transmission placed in "PARK" or "NEUTRAL". It will also advise to Disengage the Parking Brake should the vehicle be placed into gear. Configure: wire alarm to activate with red flasher circuit 1 REPORT LIGHT: A report light shall be located at the action wall to light the counter area 8/30/2007 I!! THIS IS TO BE A SPECIAL 12.00" FLUORESCENT LIGHT ILOS. I!! HPN 10000526 WITH (2) #112 16WATT F85T/CW FLUORESCENT TUBES. PL20COOO o CLOCK: aircraft An aircraft style back lighted clock with sweep second hand shall be installed. The clock shall include a hinge for easy access to changing the time or battery. 3/28/2006 LOCATE: PL220000 OVER REAR DOORS 1 STEP WELL LIGHT: 9/30/2003 !!! LIGHT TO BE INSTALLED ON THE RIGHT HAND SIDE OF THE STEPWELL ILOS. Install one step well light for the right side patient door. Light to come on when door is opened. PL24TOOO o LAMP TIMER: programmable Install an electronic momentary touch timer switch where specified. The switch will enable time limited operation of the below listed lights, with the battery switch in the off position. 9/20/2006 LOCATE: BULKHEAD WALL INSIDE SIDE ACCESS DOOR LIGHT (S) CONTROLLED: FLUORESCENTS SET ELAPSED TIME FOR 15 MINUTES Wednesday, October 10, 2007 HORTON (IN HOUSE) .' ..... Production Number 13106 ESCAMBIA co. EMS Page 22 of 29 CA VALLO, JASON OptionNum Std Q.ty Header/Description/Data/Comment Final Build Specification OK NOT OK PL24WOOO 0 3 FLUORESCENT LIGHTS: Install 39 inch, 12 volt fluorescent ceiling light fixtures. Wire to charger/conditioner in addition to standard mode of operation. 9/19/2006 Locate: FRONT, CENTER, AND REAR OF THE PATIENT AREA CEILING. PL27COOO 5 8 PATIENT CEILING DOME LIGHTS: Weldon Rear patient compartment lights to be Weldon halogen lamps and to be operated by individual cot and bench switches. Lamps to be infinitely adjustable and come on with the doors open. 8/29/2007 NOTE: LIGHT OVER HEAD OF BENCH AND LIGHT OVER THE ATTENDANT'S SEAT TO BE ON SEPARATE SWITCH PL280000 1 GOOSE NECK PANEL LIGHT Install a flexible goose neck panel light in the following area. 9/30/2003 Locate: PASSENGER'S SIDE OF THE RADIO CONSOLE. fff THIS IS TO BE A FEDERAL LITTLELITE ILOS. HPN# 03400491 PL29AOOO 1 SPOT LIGHT: hand held Install an Optronics 400,000 CP hand held spotlight with momentary switch in the location noted below. 6/20/2007 Locate: INSTALL IN A CARPET COVERED ALUMINUM POCKET ATTACHED TO THE REAR OF THE RADIO CONSOLE. DUPLICATE OF PREVIOUS VEHICLES PSPOOOQ1 o 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING DEALER PARTS 9/14/2007 !!! INSTALL (1) CUSTOMER SUPPLIED BACK UP CAMERA CABLE FROM OVER THE CENTER OF THE REAR DOORS TO THE FRONT RADIO CONSOLE. DEALER PARTS l--~-'-- .--.--.. --- to HEATING, AIR CONDITIONING AND INTERIOR ENVIRONMENT QH291 000 o 1 CABINET MOUNTED HEAT/AC UNIT FOR SWIVEL ATTENDANT SEAT The vehicle heat/ac unit will be installed in the bottom of the linen cabinet instead of the attendant seat base. Requires vertical mounting of a custom combo unit. 9/19/2006 QH2911ge o HEAT/AC S'.'E:TEM COMrRESSOn AND CONDENSOR FOR NAVI6TAn 4&ELETE Install a ProAir 12V heat/AC system, complete with compressor and condenser, for the Navistar 4300. Unit is to include a replaceable carbon filter at the air intake point. This system shall not tap into the chassis OEM heat/AC system. Bottom mount condenser for DT466 installed under the vehicle. 4/13/2006 Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 23 of 29 CAVALLO, JASON " .,,~. OptionNum Std Q1y HeaderfDescriptlon/DatalComment Final Build Specification OK NOT OK QH291200 o 1 HEAT/AC SYSTEM-COMPRESSOR AND CONDENSOR FOR NAVISTAR 4300 Install a ProAir 12V heat/AC system, complete with compressor and condenser, for the Navistar 4300. Unit is to include a replaceable carbon filter at the air intake point. This system shall not tap into the chassis OEM heat/AC system. Includes a top mounted condenser for DT466. 10/11/2006 INSTALL AN EXTERNAL CONDENSER ON A 16" WEDGE MOUNT ON THE FRONT FACE OF THE BODY. ALL HOSES ARE TO HAVE "QUICK-CLICK" FITTINGS AND ARE TO BE INSTALLED IN PROTECTIVE LOOM. AC HOSES ARE TO RUN FROM THE LOWER LEFT PORTION OF THE #2 COMPARTMENT, UP AND OVER THE TOP OF THE VERTICAL CABINET BEHIND THE ATTENDANT'S SEAT, TO THE FRONT CONDENSER. INSTALL AN ACCESS PANEL ON THE FRONT WALL OF THE VEHICLE TO SERVICE FITTINGS. REDUCE THE USE OF FITTINGS AS MUCH AS POSSIBLE. INSTALL AN AUXILIARY RECEIVER-DRYER IN THIS SYSTEM. SYSTEM IS TO INCLUDE A SECOND COMPRESSOR. QL43AOOO POWER VENT: roof mount Install roof mounted power vent. 10/20/2006 QL43BOOO STATIC VENT: roof mount Install roof mounted static vent. 10/20/2006 QL450000 o 1 ELECTRIC HEATER: A Dayton 110 volt electrical heater shall be installed in the patient area and shall be wired to the vehicle shoreline. 10/1/2003 !!! INSTALL IN THE REAR FACE OF THE BENCH PAN. INSTALL A CLOSEOUT OVER THE BACK OF THE HEATER INSIDE BENCH. I_R CAB CONSOLE AND COMMUNICATIONS I RJ01AOOO ANTENNA COAX 1 : An RG 58U coax shall be installed so that the ambulance conversion need not be disassembled. DEALER PARTS 10/1/2003 Exterior Termination: FRONT CENTER OF MODULE ROOF Interior Termination: LOWER PORTION OF THE VERTICAL CABINET BEHIND ATTENDANT SEAT ! !! INSTALL CUSTOMER SUPPLIED CABLE, MOUNT, AND "VHF" ANTENNA DEALER PARTS Wednesday, October 1 0, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 24 of 29 CAVALLO, JASON I, ...,~ OptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK RJ01 BOOO o ANTENNA COAX 2: Install additional antenna coax and accesses. DEALER PARTS 10/15/2003 Exterior Termination; CENTER OF MODULE ROOF Interior Termination: LOWER PORTION OF THE VERTICAL CABINET BEHIND ATTENDANT SEAT !!! INSTALL CUSTOMER SUPPLIED UHF ANTENNA AND COAX IN THIS LOCATION. DEALER PARTS RJ01COOO o 1 ANTENNA COAX 3: Install additional antenna coax and accesses. 10/15/2003 Exterior Termination; REAR CENTER OF MODULE ROOF Interior Termination; LOWER PORTION OF THE VERTICAL CABINET BEHIND ATTENDANT SEAT !!! INSTALL HORTON SUPPLIED CABLE ONLY FOR FUTURE USE IF NEEDED. RJ040000 2 RADIO CABLE PULL WIRE A standard pull wire for radio installation shall be installed from behind the driver's seat to behind the inhalation panel. 9/14/2007 !!! INSTALL A TOTAL OF (2) PULL WIRES AS FOLLOWS; #1, FROM INHALATION TO RADIO AREA IN BOTTOM OF LINEN CABINET. #2, FROM CONSOLE TO RADIO AREA IN BOTTOM OF LINEN CABINET. !!! DO NOT WIRE TIE. RJ05BOOO 1 FRONT CONSOLE: A console shall be fabricated to coordinate with the interior cab color. Room shall be provided on the face of the console for installation of radio and siren controls. 9/14/2007 !!! INSTALL CUSTOM CONSOLE PER ATTACHED DRAWING. ! ! ! REAR PORTION TO BE OPEN WITH NO SLOTS OR DIVIDERS. !!! INSTALL (2) CUP HOLDERS PER DRAWING AND SEAL BOTTOMS AGAINST LEAKAGE. ! ! ! INSTALL A .250" ALUMINUM REINFORCEMENT PLATE ON THE INSIDE OF CONSOLE PER DRAWING FOR ATTACHMENT OF LAPTOP MOUNTING BRACKET. I!! DUPLICATE OF #12587, SEE DRAWING RJ06AOOO o 2 RADIO HEAD PRE-CUT: front Cut out control console for radio head(s) . DEALER PARTS 10/1/2003 Model #; CUSTOMER SUPPLIED DEALER PARTS RJ06BOOO o 2 RADIO HEAD PRE-CUT: rear Cut out rear action panel for radio head(s) . DEALER PARTS 6/20/2007 Model #: CUSTOMER SUPPLIED DEALER PARTS RJ080000 2 RADIO POWER/GROUND: Install heavy gauge cable to positive and ground studs for radio powe r . 9/14/2007 !!! INSTALL (1) BATTERY HOT AND (1) BATTERY SWITCHED IN THE LOWER PORTION OF THE VERTICAL CABINET BEHIND THE ATTENDANT'S SEAT IN AREA BEHIND THE VENTED DOOR. Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 25 of 29 CAVALLO, JASON I. ..,.~, OptionNum Std Q!y HeaderJDescriptionJData/Comment Final Build Specification OK NOT OK RSP00001 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS o DEALER PARTS 9/14/2007 !!! INSTALL CUSTOMER SUPPLIED AVL AND DATA MODEMS. SEE JASON CAVALLO. DEALER PARTS C~'---~XYGE-NAND SUCTION I TN002000 TN01 MWOO TN030000 TN03AOOO TN03AROO 0 -l'N040000 TN04AOOO 1 OXYGEN BOTTLE MOUNT, VERTICAL TRACK FOR QRM-V Vertical track for mounting of a QRM-V 02 bottle mount shall be welded on the back wall of the compartment in the right hand corner. The 02 bottle mount is adjustable for "M" or "H" size tanks. 7/23/2004 Locate: Right hand portion of back compartment wall (2 vertical tracks). 1 CYLINDER BRACKET: Zieo Zico QRM-V oxygen bracket shall be installed. 3/28/2006 Locate: Tank Si ze: standard location "MJI or HHtt 2 2 OXYGEN OUTLETS, STANDARD Two oxygen outlets shall be provided as standard and shall be located in the inhalation panel. o 1 OXYGEN OUTLET: additional Install additional oxygen outlet(s). 10/1/2003 Locate: ON WALL OVER HEAD OF BENCH PER DRAWING. OXYGEN OUTLET: ADDITIONAL, RECESSED Install additional oxygen outlet(s). Install so that the outlet(s) is recessed to a point where the flowmeter will not protrude into the patient compartment once it is installed. A recessed lighted rocker switch will be included for activation. 9/14/2007 LOCATE: CURBSIDE RISER NEAR REAR DOORS ! ! ! INSTALL CLOSEOUT OVER BACK OF OUTLET. CLOSEOUT TO BE FULL WIDTH BETWEEN DIVIDER AND LEFT HAND WALL. THIS CLOSEOUT TO ALSO COVER THE BACK OF THE DUMP SWITCH. CLOSEOUT TO BE AS SHALLOW AS POSSIBLE. 20" OF DEPTH REQUIRED IN COMPARTMENT. o STANDAnD OXYGeN OUTLCTO, NOG OrYLC (ALSO SUO"FleN If APPLlrt!Y1E!1lETE Oxygen and suction outlets are to be NCG style. 10/1/2003 o 1 ADAPTER TYPE: Ohio Diamond II Oxygen outlets to be Ohio Diamond II. 10/1/2003 Wednesday, October 10, 2007 HORTON (IN HOUSE) , ....,. Production Number 13106 ESCAMBIA co. EMS Page 26 of 29 CA VALLO, JASON OptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK TN050000 10/1/2003 TN060000 TN070000 TN09DOOO 2 FLOWMETER: Supply dial type flowmeter. 1 OXYGEN WRENCH: Install oxygen wrench in oxygen compartment. Mount secure so not left hanging. Mount with length of chain or cable so not removable. HUMIDIFIER: Supply (1) disposable oxygen humidifier. 1 0 BOTTLE STORAGE: squad bench provision for 3 "0" bottles shall be provided at the step well end of the squad bench. The cabinet door shall be hinged and include a Tri Mark handle. Reduce the wheel house to the top of the wheel well radius and extend to the side entry door. 10/11/2006 !!! THIS IS TO PASS THROUGH THE CABINET AT THE HEAD OF THE BENCH AND WILL PROTRUDE INTO THE END OF THE BENCH PAN. REFER TO DRAWINGS FOR DETAILS. o TN100000 VACUUM OUTLET: inhalation wall A single vacuum panel shall be installed in the inhalation area. The outlet shall be of the same style as the oxygen system and hooked to the onboard vacuum pump. TN11 AOOO TN120000 TN160000 lu ASPIRATOR: RS-4X disposable Install Rico RS-4X aspirator. 1 VACUUM PUMP: Install 12vdc electric suction pump. 1 KKK SUCTION KIT: A suction kit shall be included and shall incorporate a suction rinsing bottle, (1) pharyngeal tip, and (1) yoke connector. LETTERING I UP010000 o 1 LETTERING: Lettering to be included. 10/1/2003 Color: GOLD SCOTCHLITE WITH BLACK OUTLINE/SHADE Style: 4.00" HELVETICA Production Number 13106 ESCAMBIA CO. EMS Wednesday, October 10, 2007 HORTON (IN HOUSE) " ,"" Page 27 of 29 CAVALLO, JASON OptionNum Std.Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK UP01 CSOO 0 1 LETTERING REQUIRED ON CURBSIDE OF BODY Lettering shall be installed on the curbside of the body. This lettering shall meet the requirements listed below. 9/14/2007 "ESCAMBIA COUNTY" "EMS" "EMS" (ARCHED OVER SOL) (STRAIGHT BELOW SOL) (UPPER PORTION OF FORWARD COMPARTMENT DOOR) "XX" TWO DIGIT UNIT ID # !!! #13106 UNIT ID NUMBER IS "27" #13107 UNIT ID NUMBER IS "11" UP01 FOOO o 1 LETTERING REQUIRED ON FRONT OF VEHICLE Lettering shall be installed on the front of the vehicle. This lettering shall meet the requirements listed below. 9/14/2007 "AMBULANCE" (MIRROR IMAGE ON WINDSHIELD "EMS" SIZED TO FIT, UPPER DRIVERS SIDE "XX" "XX" n'i'O DIGIT UNIT ID # ! ! ! #13106 UNIT ID NUMBER IS "27 If #13107 UNIT ID NUMBER IS "11 " UP01 ROOO o 1 LETTERING REQUIRED ON REAR OF VEHICLE Lettering shall be installed on the rear of the vehicle. This lettering shall meet the requirements listed below. 9/14/2007 "DIAL 911" "BUCKLE UP" (ON REAR DOORS ABOVE WINDOWS) (ON REAR DOORS BELOW WINDOWS) "KEEP BACK" "300 FEET" (BOTTOM OF REAR DOORS BELOW STRIPE) (SIZE TO FIT) "EMS" (UPPER LEFT REAR CORNER OF VEHICLE) "XX" TWO DIGIT UNIT ID # !!! #13106 UNIT ID NUMBER IS "27" #13107 UNIT ID NUMBER IS "11" UP015500 o 1 LETTERING REQUIRED ON STREET SIDE OF BODY Lettering shall be installed on the street side of the body. This lettering shall meet the requirements listed below. 9/14/2007 "ESCAMBIA COUNTY" "EMS" "EMS" (ARCHED OVER SOL) (STRAIGHT BELOW SOL) (UPPER PORTION OF FORWARD COMPARTMENT DOOR) "XX" TWO DIGIT UNIT ID # !!! #13106 UNIT ID NUMBER IS "27" #13107 UNIT ID NUMBER IS "11" Wednesday, October 10, 2007 HORTON (IN HOUSE) Production Number 13106 ESCAMBIA co. EMS Page 28 of 29 CA VALLO, JASON , .....~c QptionNum Std Q!y Header/Description/Data/Comment Final Build Specification OK NOT OK UP03BOOO 0 97 4" SHADED SCOTCH LITE LETTERING * 10/1/2003 * UP08COOO 0 2 STAR OF LIFE 18: (each) Install 18u star of life. 10/1/2003 Locate: EACH SIDE OF BODY PER DRAWING. f.v~ u.~~~~CHANGEORDERS I V0000010 o CHANGE ORDER PRICING-MULTIPLE VEHICLE DISCOUNT. 10/11/2006 YOO o PRICE ADJUSTMENT: discount Price discount, and or consideration. 7/23/2004 Multiple vehicle discount: $1,000 Z04 o Fuel, Tags, Etc. Allowance for fuel, tags and administrative. 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Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 OFFICE of FIRE RESCUE 490 63rd Street Marathon, FL 33050 PHONE: (305) 289-6010 FAX: (305) 289-6336 j MEMORANDUM DATE: August 5,2004 TO: James L. Roberts, County Administrator FROM: Clark O. Martin, Jr., Fire ChQ ~ Fire Rescue 7;r!!l'q, SUBJECT: Revised Apparatus Replacement Program REF: Memorandum of June 29,2004, Same Subject Subsequent to your review of my June 29, 2004 memorandum regarding my proposal to enhance the Fire Rescue Apparatus Replacement Program, you asked me to provide you a table showing the same replacement needs over twenty years, but in the actual year the replacement is needed based on the actual year of the vehicle today. The attached table contains the information you requested. I refer you back to the June 29 memorandum because all assumptions, including replacement frequency, average costs and rates of inflation are the same. Please contact me if you have any questions. cc: Sheila Barker, Director Administrative Services Sal Zappulla, Budget Director ATTACHMENT B (, 7 pages) I I ..,~ OK~~Y ~o~~~E (305) 294-4641 OFFICE of FIRE RESCUE 490 63td Street Marathon, FL 33050 PHONE: (305) 289-6010 FAX: (305) 289-6336 (~.~- SOARD OF COUNTY COMM!SSIONE~ Mayor Murray E. Nelson, District 5 Mayor Pro Tern DaVid P. Rice, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 MEMORANDUM TO: James L. Roberts, County Administrator FROM: Clark O. Martin, Jr., Fire C Fire Rescue SUBJECT: Revised Apparatus Replacement Program DATE: June 29, 2004 Since early in my tenure here I have expressed my concern on several occasions that the funding of the Fire Rescue Apparatus Replacement Program from 304 funds was insufficient. My concerns were not only the fact that a constant $500,000 per annum was not keeping up with the rising cost of fire and rescue vehicles, but that in future years it would actually drop to $250,000 which is not currently enough to buy a single pumper. I am requesting that additional funding be allocated to this program as described on the attached spreadsheet. Relevant HistoQ' When the apparatus replacement program was first begun in 2002, $500,000 was a sufficient amount to replace two engines (pumpers), or an engine and a tanker, per year. Though no increases were programmed for inflation, this was sufficient at the time. However in intervening years, four attacks on this fund have severely affected the capacity for $500,000 to remain a realistic figure: G Fire apparatus costs are experiencing an average inflation rate of 4% per year e With the consolidation of tire suppression and emergency medical services into a single Fire Rescue Department, the ambulance replacement program has merged with the fire apparatus replacement program, creating a significant additional drain on the fund. I- ...~, @ The County Administrator has directed that major apparatus repairs, (such as refurbishing of two aerial ladder apparatus to extend their service life) are appropriate expenditures from the 304 fund e Ocean Reef Fire Rescue was inadvertently not considered as part of this replacement program at the outset. In the current fiscal year the fund has replaced their 1986 engine. Program Asswnptions Ii There are eleven front-line engines (pumpers) operating in unincorporated Monroe County. Engines are the primary firefighting vehicle whose function is to deliver water at sufficient pressures to combat fires. Most of their space is dedicated to a 1250 ga11on- per-minute pump, up to 1000 gallons of water in a tank, and some 1600 feet of hose of various dimensions and lengths. Actual experience has shown that the service life expectancy for pumpers in this operating environment is fifteen years, so each front-line engine should be replaced every 15 years, and moved to reserve status. We should maintain two reserve pwnpers in the field in addition to two training pumpers for use at the Joe London Fire Training Facility. e There are nine front-line rescue units (ALS Ambulances) operating in unincorporated Monroe County. Due to the higher volume of emergency medical services incidents, and to provide sufficient additional ambulances to be placed into service for disasters, we maintain a reserve fleet of seven additional ambulances. The current type of ambulances that are based on a pick-up truck chassis have a front-line service life expectancy of four years. Weare migrating to a larger medium-duty chassis that lasts seven years in front- line service. Therefore, each front-line rescue should be replaced every seven years. Ii There are six tankers operated in unincorporated Monroe County. With tank capacities of 1500 to 3000 gallons, typically 2000 to 2500 gallons, their primary purpose is to provide mobile water supply in the many areas of the county that do not have fire hydrants. They typically are equipped with a 1250 gpm pump so that they can pump water from a hydrant or a drafting source when one is available. The service-life expectancy for tankers is eighteen years, so each tanker should be replaced every eighteen years. We do not maintain reserve tankers. e There are three squads (heavy duty rescue squads) operated in unincorporated Monroe County. Squads are large tool boxes on wheels, carrying heavy rescue tools that cut or pry wreckage, such as J aws-of- Life, circular saws, chain saws, hydraulic rams, compressed-air lifting bags, and other specialized rescue tools that are either, too expensive, too rarely used, or too space-constuning to make it practical to so-equip every fire station. Squads have a service-life expectancy of eighteen years and should be replaced. on that cycle. We should maintain one reserve squad. e Three aerial ladder apparatus protect the unincorporated areas of northern Monroe County. A fourth aerial apparatus, the second aerial platform, needs to be acquired. for the lower Keys to provide coverage from Big Pine Key to Stock Island. This fourth aerial apparatus is tentatively projected to be stationed at the Big Coppitt Key fire station (No. 9), providing service to the lower Keys and back-up capacity for the City of Key West's , .-1 sole ladder truck. Aerial ladders have a service-life expectancy oftvventy years. On a twenty-year replacement schedule one should be acquired every five years. Recent expenditures to extend the service life of the aerial apparatus at both the Tavernier and the Key Largo fire stations will enable us to acquire this aerial platfonn in 2007, by which time there should be additional space in new fire stations to accommodate relocation of other apparatus as needed. o A number of specialized support vehicles, shown on the schedule as "utilities", serve the county in such capacities as mobile air-cascade supplies, hose reel trucks, and firefighter rehabilitation units. They have a service life expectancy of twenty years and need to be replaced periodically. Rationale IIll In 2004, the cost of an average pumper is $263,000. The cost of a squirt (a pumper with a pre-piped, elevated water stream capability) is about $500,000. Of the eleven front-line engines, seven should be standard pumpers; four should be squirts. Averaging the costs: $263,000 x 7 engines = $500.000 x 4 squirts = $1,841,000 $2.000.000 $3,841,000 $3.841.000 +- 11 total frontline engines = $349.000 (average cost per engine 2004) · The prevailing inflation rate applied to ambulance costs is 2% · The prevailing inflation rate applied to fire apparatus is 3.5% to 5%. A 4% factor was used to project future costs offire apparatus. CI In addition to pumpers, as described above, the average costs in FY2004 for other types of fire apparatus are: Tankers: $300,000 Squads: $475,000 Aerials: $800,000 Utilities: $100,000 Recommendation e The average yearly allocation needed is $1,175,400 for the projected apparatus purchases. However, we begin the plan with a $940,000 allocation with a 2.6% inflation factor for each succeeding year. IIll This is a 20-year replacement plan than can be repeated for a second and perhaps a third twenty-year cycle. However, an important assumption is that the number of stations servicing unincorporated Monroe County remains constant. If Monroe County Fire Rescue should either add stations in the unincorporated area, or should we assume l:,,~ contract responsibilities for any of the municipalities; additional apparatus replacement needs would need to be factored-in and the schedule revised accordingly. Summary I hope you will agree that the current fire apparatus replacement program is severely under funded at the current rate. It is important that we maintain as modem a fleet of fire and rescue vehicles as possible to assure dependable response and performance on emergency scenes. cc: Sheila Barker; Director Administrative Services Sal Zappulla; Budget Director ~ ca Q) >- Q)O ONe:!) U)~O Q)::JN 0:::"C _ mQ)C,O j:;-CN .- CJ LL.cnQ) I:: .2:;--:::> 1::1::-, ::J Q) o E .. O~~ Q) m ca 0-0.. '- 0.. 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B "' ~UH ~ ~alli ~ .f. ~ ~ &; ;j . :3 "' :.: 3I~~~ ~"i!: '" 0: ~h ,~ ~ OK~~Y ~o~!:~E l30S} 294-4641 BOARD OF COUNTY COMMISSIONERS (-~ ,--..- Mayor Charles "Sonnyn McCoy, District 3 _ MayorPro Tern MurraV E. Nelson, District 5 ,,... ~- George Neugent, District 2 . Davld P. Rice, District 4 DIxie M. Spehar, Dlsbict 1 MEMORANDUM TO: Ginger Campbell Maria Slavik, CPM '0\ ~ Risk Management Administrator FROM: DATE: February 7,2006 SUBJECT: Payment of Equipment Loss ------------------~------_________~~M__________~.____~___~__~~w_~~__________________~________________ Please find enclosed check #0000191313 in the amount of $59,479. 13 from Glatfelter Claims Management, Ine, for 1978 Lafrance Pumper. Vin # 6239 cost to repair for damage of 10/24/05. Please deposit into: 503-369-010- Insurance Your attention in this matter will be greatly appreciated, Attachment C (6 Pages) , .A "---- 'V'FIS. "-./ Glatfelter Claims Menagement. Inc. POBox 5126 York, PA 17405 (800) 233-1957 YFIS OF FLORIDA ONE 8. OCEAN BLVD. I SUITE 310 BOCA RATON, FL 33432 PAYMENT IS BEING ISSUED FOR: '76 LAFRANCE PUMPER. VfNOO239. COST TO REPAIR. DEDUCTIBLE WAIVEO CHECK NUMBER: CLAIM NUMBER: PAYMENT AMOUNT: 0000191313 FLCM20511 309-04 $..........59,47 13 Payment on betualf of American Alternative Insurance Corp. Ar-tf peroon who krlllWln!liy pre$on\! II false or rraLJdulent Claim ror \fie paymem Df II loss Is l;Ivllty of II crime ond o~ to crlmlM! prosecu\lon MCll;lvll pellllhtieo SURGE$J VFIS Plea.. dolllch vouCher and dopollllt chodc promptly, "::,>: :~,::;~ir.:.::-.:'::-~?~CK.',N,O. 'OOQ~ '_9t~1;~:: " , " ,'_ :, '-':',' -' :: :-,C.I::I~CK QAT~ 1f24f2. . ,:~'-l_:,:'.,..:-::':,",: ':,<~: :',:",,:,,,,ti~~..."'1I<io I,": .:. _ ,'.0". ;.. .....". .,'. '," '1110000 'li q -13-1. 3n8 0:0:1 . :1008 :1.141:' . 88-S:? ~ ~'... ;11' .. .", )l~'~" ' ,- :,.j, I. .,,~, OKI!~rY ~~~~~E (305) 294-4641 BOARD OF COUNTY COMMISSIONERS (~-~ ~ Mayor Charles ~Sonny" McCoy, DIstrlct 3 MayorPro Tem Murray E. Nelson, District 5 ....., ~- George Neugent, DIstrict 2 David P. Rice, DIstrict 4 DIxie M. Spehar, District 1 MEMORANDUM TO: Ginger ~ell Maria Slavik, CPM {i\~ Risk Management Administrator FROM: DATE: February 7, 2006 SUBJECT: Payment of Equipment Loss ---~~----------~------~-----------_._--.-_.~---__.____~_~____w_w___~______________~_____~___~________ Please find enclosed check #0000191312 in the amount of $59,785.38 from Glatfelter Claims Management, Inc, for 1978 Lafrance Pumper, Vin # 6238 cost to repair for damage of 10/24/05, Please deposit into: 503-369-010- Insurance Your attention in this matter will be greatly appreciated, , .....~, L VPIS. .....-r Glatfelter Claims Management, Inc. POBox 5126 York, PA 1740$ (800) 233-1957 VFI$ OF FLORIDA ONE S. OCEAN BLVD.. SUITE 310 BOCA RATON, FL 33432 PAYMENT IS BEING ISSUED FOR: '78 LAFRANCE PUMPER VIN#6238. COST OF REPAIR. DEDUCTIBLE WAIVED CHECK NUMBER: CLAIM NUMBER: PAYMENT AMOUNT: 0000191312 FLCM20511 309-01 $'*.....*59.78 38 payment on behalf of Amertcan Alternative Insurance Corp. Art>! peraon who knowin9IY pl'eset'I1lll\ fllIM or hudtllel\tcl4lm fOr the paylNn\ of. Ion t.$ Qulily of II crim. aotlllUbjecll.o Gnrnin~ ptO/UlQlllOn ana dviI penallU SURGESJ VFIS Pla3111!l detach voucher untl deposit check promptly. t. .;" :'.':~'R.'~.:~.'. . c.- . I.' _ . - ~ . . " ;:r.u.:r llilllfi ._.,.,~,"A, ,', ::-. CHECK NO. 000 . 'C~f!;CK DATE . 1(.l412 " . 'V<>Ol90~IiI\MInIG '. '/ ..... . '1110000'9 ~ 3 ~ 2111 1:0, 1. '~ona ? R.J: BaB" ?t11. '" 3118 :' .:~ ,. .,,~c OK~~Y ~O~~~E (305) 294-4641 BOARD OF COUNTY COMMISSIONERS (~o~............- Mayor Charles ~Sonnyff MCCoy, District 3 _ MayorPro Tern Murray E. Nelson, District 5 .....~- George Neugent, District 2 , DavId P. Rice, District 4 Dixie M. Spehar, District 1 l\IIEMORANDUM TO: Ginger Campbell FROM: ~{\~ Maria Slavik, CPM Risk Management Administrator DATE: February 7, 2006 SUBJECT: Payment of Equipment Loss -~------~~--______~___w___________~____________________-----~------_____WR_____~_____________~____~__ Please find enclosed check #0000191263 in the amount of$61,705.44 from Glatfelter Claims Management, Inc. for 1978 Lafrance Pumper, Vin # 6240 cost to repair for damage of 10/24/05. Please deposit into: 503-369-010- Insurance Your attention in this matter will be greatly appreciated, ,. .......~ "--./ ......-"'. VFIS. Glatfelter Claims Management, Inc, POBox 5116 York, PA 17405 (800) 233.1957 VFIS OF FLORlDA ONE $, OCEAN BLVD., SUITE 310 BOCA RATON, FL. 33432 PAYMeNT IS tiEING ISSUED FOR: '78 LAFRANCE PUMPER. VIN#6240 COST TO REPAIR, DEDUCTIBlE WAIVEO CHECK NUMBER: CLAIM NUMBER: PAYMENT AMOUNT: 0000191263 ,FLCM20511 309--03 $"'-."61,70 44 Payment on behalf of AmQ-rican Alternativo Insuranee Corp. AJW l)l)tSOI1 wM kM'WinQiy pnlSOlIllb 1lI 1al&* Of ffaUdUleot darm rOl tI'IC payment of Ill. 101l1l IS guifly at II crlmll and I\lbjGCI to CI1mlnal proIIlICUllon and Clvll penllUllCa SURGESJ VFIS Pfeil.. del.eta vouehOl' and ~tit check prornpUy, . -.: ..' ,. , , : 11.0000 ,q ~ 2l::s 3. Ii'" l:b"~'L:3008 31.1: : BS'S 7'1 &~ 311'" ~ c'~ .~'. ,~. I. ...,,",~ It 3431 NW 2ih Avenue e OcaIa, Florida 34475 Office: 352-629-6305 e Fax: 352-629-2018 Toll Free: J -800-524-60n AMBULANCE PROPOSAL DATE: November 27,2007 This Proposal has been prepared for: Chad Robinson Monroe County Fire Rescue 4906300 Street Marathon, FL 33040 We propose to furnish to you one (1) 2008 Horton custom ambulance on 2008 International 4300LP medium duty chassis, to be custom built and equipped in accordance with the requirements of the Monroe County Fire Rescue Department. Pricing is based on tagging on to the Escambia County Contract # PD 05-06.048. Delivery will be F.O.B, Marathon, FL and will be approximately 210-240 days from receipt of purchase order. Terms of payment shall be cash on delivery (C.O.D.). The current purchase price for the specified Ambulance is $179,278.00 each. This proposal shall expire December 21,2007, unless extended in writing. This proposal is deemed acceptable by the undersigned. In witness whereof, The Company and the Purchaser shall execute an agreement to this proposal with signatures from authorized representatives as of the date set forth by each. Total Price of Ambulance per Escambia County Contract: $179,278.00 Company: Purchaser: By: H~ ~ Michael Day Title: Ambulance Sales Manager By: Title: Date: November 27.2007 Date: Drawings submitted are for reference only Pricing is based on enclosed written specifications Horton EM~RGENCY VEHICLES www.han~marknre.com E-Mail: info@hall-markfire.com Authorized Dealer ,. ,-I Attachment D (33 Pages) EMERGENCY VEHICLES November 27, 2007 Monroe County Fire/Rescue Attn: Chad Robinson 490 63rd Sf. Marathon, FL 33040 Mr. Robinson, Please be advised that Horton Emergency Vehicles grants full permission to tag onto our contract with Escambia County EMS for the provision of new emergency medical vehicles. If you have any further questions or additional needs please contact us. We will be happy to assist you in any way possible. Thank you, ,,"" ~~ ( .~~. ....."~~~ ~' ..". c /" ..' <~..c' p;;" Jason Cavallo Horton Emergency Vehicles 3i~OO McDowell Homi" Grove City, Ohio 4312;~ .. G14-539-8181 .. 6 14-5:19-8 16!" Fax I. .-1 BOARD OF COUNTY COMMISSIONERS ESCAMnrA COUNTY~ FLORIDA CLAUDIA SIMMONS Chh:f. Purchasing OFFICE OF PURCHASING 2131'ALAFOX PLACE s 2">1 Hour P.O. BOX 1591 PENSACOLA, FI. 32597- J 591 TEL8I'HONE (8S0)S95~198() (SUNCOM) 695-4980 TELEFAX (850)5954l!OS hllp:lfwww.co.c,cambia.n,llS/pul\;lmsing November 28, 2007 Chief Wayne Hinnant Monroe County Fire Rescue 490 53rd Street Marathon, FL 33050 Rc: Piggybacking off of PD 05"06.048, Purchase of Ambulances Dear Chief Hinnant, It is my understanding that you arc interested in piggybacking off of our ambulance contract. In our solicitation, under number 21 of the Special Ten11s and Conditions, it states that other government agencies are allowed to piggyback off of this contract with the vendor's consent. Horton Ambulance has stated to me that they are willing to extend the pricing from this contract to your County. Please contact me at (850) 595-4983, if you have any questions. Kathy Spencer ~' > C., .; ci.1i)",\ :.)Q.0~I.'L<:.j.,- I Purchasing Specialist I. ..,,~, Hall-Mark Fil'c.-3431 NW 27th A vc--Ocala, FL 34475 EMERGENCY VEHICLES MONROE COUNTY RRE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Year: Chassis: Type: Model: 2008 Navistar Medium, 102" MED 603A Rev I Print Features 11305 Prepared By: Jason Cavallo I ...,~ CATEGORIES: A Chassis B Body Connection Pass Thru Type BH Chassis Accessories BL Chassis Electrical C Conversion Model CB Module Body Modifications D Module Body Hardware E Paint and Striping F G H I J K L Cabinet Doors, Handles and Hardware Interior Colors Interior Cabinets, Streets ide Interior Cabinets, Curbside Front Wall Cabinets Interior Accessories and Trim Cot Mount, and Patient Handling M Warning Systems, Visual MN Warning Systems, Audible o Lights, Non Emergency P Electrical Power Group Q Heat, Ventilation, Air conditioning R Console, Radio, and c011l11l1l1zications T Oxygen and Suction U Lettering and Graphics Z Other MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 - '"'Horton EIII IIEMEiJ!CiEm;V V/SHICl.EC Year: Chassis: Model: 2008 Navislar Medium, 102" 603A Ootion Std Otv Header/Descriotion/Data Proposal Total AB Horton Emergency Vehicles Feature List I 7/26/2004 ,AI NAVISTAR CHASSIS I AIN12008 o CHASSIS, 2008 NAVISTAR 4300LP, 102" CIA The chassis required to complete the amb~lance conversion shall be supplied by Horton. 11/16/2007 Reference quote #: 8337-01 HorsepOfier: 245 AJNSPICO CHASSIS INTERIOR COLOR SHAll BE GRAY ASP00100 0 CHASSIS SPECIAL INSTRUCTION 4/13/2006 CHASSIS TO INCLUDE ENGINE HOURMETER. B CHASSIS MODIFICATIONS, HARDWARE AND ACCESSORIES I BH02FOOO WHEEL HUB & lUG NUT COVERS, STAINLESS STEEL MEDIUM DUTY CHASSIS Polished stainless steel hub and lug nut covers shall be installed on all four outside wheels. BH02HOOO TIRE SIZE, 19.5", MEDIUM DUTY: This vehicle is specified to have 19.5" tires. BH060000 0 REAR DOCK BUMPERS Two rubber dock bumpers shall be bolted to the rear step end caps for protection when backing. 9/29/2003 Hall.[Vlark Fire Jllson CllVllllo lHO/ld(IY, November 19, 2007 2:09:46 Pili! Prillt Features Rev I Page 2 of 30 , .., MONROECOUNTYRRERESCUE 490 63RD STREET MARATHON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ...... ""Horton III II EP,lEflGENCY Yr::tl~Cl..el; Year: Chassis: Model: 2008 Navislar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total BH070000 0 REINFORCE REAR BUMPER END CAPS Reinforce end caps of rear bumper for greater impact resistance, 9/29/2003 BH110000 REAR STEP/STEP BUMPER ASSEMBLY The center section of the rear step bumper shall be constructed of aluminum grip strut and be hinged to assist in patient handling, 4/10/2007 II! THIS STEP TO BE INSTALLED 3.00" FROM THE REAR DIAMOND PLATE RISER TO THE BACK OF THE STEP. 1 I! INSTALL A CUSTOM LIFT UP CENTER SECTION filTH A 1.00" HIGH NOTCH IN THE LOWER EDGE OF THE REAR VERTICAL DIAMOND PLATE EDGE TO PREVENT COT RUNNERS FROM DRAGGING ON THE STEP WHEN IT IS IN THE UP POSITION. !! 1 REINFORCE THE FLIP-UP SECTION. AREA WHERE THE NOTCH IS IS PRONE TO CRACKING ON PREVIOUS VEHICLES. 111 REFER TO ENGINEERING FOR DETAILS. (REF. 10597) BH261000 o FUEL TANK COVERS, DIAMOND PLATE, FOR NAVISTAR 4300 CHASSIS Diamond plate step well covers shall be installed on both the curb and street side cab step wells. The covers shall be made of .125"thick polished diamond tread plate with a minimum 3003-H14 alloy. The cover shall include a Kwikee pullout tray for chassis batteries. 4/13/2006 BH320ROO AIR SUSPENSION SWITCH: durnp override A switch will be installed where specified, to override the automatic dump feature activated by the left rear patient compartment entry door, 9/19/2006 Sid t ch Loca t e: Curbside riser near rear doors BHSPD006 MIRROR: OEM The mirror set shall be OEM supplied, and installed by the chassis manufacturer. 7/12/2003 BL26BOOO BACKUP ALARM RESET Backup alarm to automatically reset to on if alarm was canceled during previous use. BL32AOOO OEM AM/FM/CD PLAYER SHALL BE PROVIDED BY THE OEM MANUFACTURER OEM AM/PM/CD player shall be provided by the OEM manufacturer on all Horton supplied chassis. Hall-Mark Fire Jason Cavallo Monday, November 19,2007 2:09:46 PM Prillt Features Rev 1 Page 3 of ]0 I .,,~ MONROE COUNTY ARE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAO ROBINSON Selected Feature List 11305 ...... ""Horton !ill II E:Mf<JmENCY VE:fUCL.ES Year: Chassis: ivlodel: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total c CONVERSIONS I CA200000 0 PREVIOUS VEHICLE REFERENCE This option is to be used for comparison purposes only. Specifications are specific to each order so use extreme caution when referencing a previous production order. 11/16/2007 PREVIOUS VEHICLE PRODUCTION #13106 CA590000 o CONVERSION MODEL: 603A MEDIUM DUTY NAVISTAR 4300 MINIMUM BODY (Exterior) -Height: -Nidth: -Length: (Interior) -Height: -Aisle -Width: DIMENSIONS: 89" 96" 167" -Length: OVERALL DIMENSIONS -Height: -Width: -Length: 70" 20" 20"(from edge of cot in wall position bench riser) 163" (Including Chassis, Module and Step) : 108" (to top of vent) 100" 290" Navistar 289" Freightliner Use new style LED light strips in all compartments. to squad 4/10/2007 Note: CA590001 603A STREETSIDE FORWARD: Clear Door Opening: Actual Compartment This area shall be accessed The compartment shall house compartment shall be vented 16.2" wide x 78.6" high 18.9" wide x 81.6" high x 21.5" through a single outside hinged door. the vehicle's primary 02 cylinder. The to the outside. 10/11/2006 LOUVERS ARE TO BE STAMPED FACING DONN nos. o SHELF, FOR VERTICAL EXTERIOR COMPARTMENT Install a diamond plate adjustable shelf as noted below. Includes a compartment light. dr080000 9/15/2006 LOCA T E : UPPER PORTION OF STREETSIDE #1 COMPARTMENT ABOVE THE 02 TANK APPROXIMATELY 60" ABOVE THE FLOOR. Hall-i'vIlll'k Fire Jason Cavallo MOllday, November 19, 2007 2:09:46 PM Prillt Features Re~' 1 Page ./ of 30 , .,.,~ MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 -= '""Horton IIiiiI IIEMfil'uiEm;YVi=HICLfi.S Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total CA590002 603A STREETSIDE INTERMEDIATE: Clear Door Opening: 48.2" wide x 27.8" high Actual Dimensions: 51.9" wide x 31" high x 21.5" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices. 10/11/2006 LOUVERS ARE 1'0 BE STAMPED FACING DOWN nos. INSTALL ALL ELECTRICAL EQUIPMENT ON CEILING OF COMPARTMENT AND COVER WITH AN EXPANDED METAL GUARD. o SHELF, PULL OUT TRAY FOR EXTERIOR COMPARTMENT Diamond plate pull-out tray installed as noted below: dr100000 4/11/2007 LOCATE: 4" UP FROM CENTER IN CLEAR OPENING. CA590004 603A STREETSIDE REAR: Clear Door Opening: 32" wide x 78.6" high Actual Dimensions: 37.4" wide x 81.6" high x 21.5" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices: ta/11/2006 LOUVERS TO BE STAMPED FACING DOWN ILOS. o COMPARTMENT HEIGHT Modify: first, street side The height of the standard compartment for this model shall be modified. This is the first street side compartment height modification and shall include affected modifications to the interior cabinet. cb040000 4/9/2007 HEIGHT MODIFICATION: LOWER TO 61.375" 1D LOCATE: 55 REAR #4 Note: Raise the height of the corresponding interior cabinet to account for the change. o SHELF, FOR VERTICAL EXTERIOR COMPARTMENT Install a diamond plate adjustable shelf as noted below. Includes a compartment light. dr080000 9/20/2006 LOCATE: MIDPOINT OF COMPT HaIl.i\Iark Fire Jason Cavallo MOl/day. November 19, 2007 2:09:47 PM Print Features Rev 1 Page 5 of 30 , d Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ootion CA590005 -- ""Horton 11'I 1I!;1.!Ef1:Cl::tiCY Y.fl""IClU Year: Chassis: iHodel.' 2008 Navistar Medium, 102" 603A Std Otv Header/Description/Data Proposal Total 603A CURBSIDE REAR: Clear Door Opening: 25" wide x 78.6" high Actual Dimensions: 29.6" wide x 81.6" high x 21.5" This area shall be accessed through a single outside hinged door 4/11/2007 LOUVERS TO BE STAMPED FACING DOWN ILOS. cb060wOO !!! THE FORWARD COMPARTMENT WIDTH IS INCREASED 4" OVER LAST UNITS. SIZE THIS COMPARTMENT TO ACCOMMODATE A 75"1, BENCH INCLUDING TRIM. 75" MUST BE USABLE SPACE. INSTALL AN ALUMINUM ANGLE AT THE TOP OF THIS COMPARTMENT TO PREVENT 72" LONG BACKBOARDS FROM FALLING OUT IF THE VEHICLE IS PARKED ON AN INCLINE. COVER THE ANGLE WITH GRAY STICK-ON RUBBER MATTING. IT WILL BE NECESSARY TO LOAD THE BACKBOARDS TOP FIRST IN BEHIND THE ANGLE. INSTALL A QUICK RELEASE TYPE BACKBOARD STRAP IN THIS AREA 60" FROM THE FLOOR. o COMPARTMENT WIDTH Modify: first, curbside The width of the standard compartment for this model shall be modified. This is the first curbside compartment width modification and shall include affected modifications to the interior cabinet. 4/11/2007 Width Modification: Locate: NarrOlv 4" #5 3 SHELF, fOR VERTICAL EXTERIOR COMPARTMENT Install a diamond plate adjustable shelf as noted below. Includes a compartment light. 4/11/2007 LOCATE: RIGHT SIDE OF DIVIDER IN UPPER PORTION SPACED EVENLY FOR I/O ACCESS. dr080000 dr11 aOOO o o DIVIDER FIXED, VERTICAL COMPARTMENT Install a 16" deep fixed vertical divider shall be installed in the location listed below. (Divider material is to match the compartment material) CA590006 4/11/2007 LOCATE: 8" FROM LEFT SIDE OF COMPARTMENT 603A CURBSIDE FORWARD: Clear Door Opening: 16.1" wide x 78.6" high Actual Dimensions: 20.7" wide x 81. 6" high x 30" This area shall be accessed through a single outside hinged door and from an opening located on the curb side forward wall. The area shall be primarily used for storage of customer furnished jump kits. 4/11/2007 NOTE: RELOCATED AFT OF THE SIDE DOOR PER NOTE BELON. Note: DELETE ONE STANDARD SHELF IN THIS COMPARTMENT. HaJl-IVlark Fit'e Jason Cavallo Rev 1 ,. ....~ Monday, November 19, 2007 2:09:47 PM Prim Features Page 6 of 30 Selected Feature List 11305 MONROE COUNTYRRE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ootion cb06awOO ...... "Horton IlIII IiIEMERGENCV V-EJoIICLE!l Year: Chassis: Model: Navistar Medium, 102" 603A 2008 Std Otv Header/Descriotion/Data Proposal Total o COMPARTMENT WIDTH Modify: second, curbside The width of the standard compartment for this model shall be modified. This is the second curbside compartment width modification and shall include affected modifications to the interior cabinet. 4/11/2007 Width Modification: Locate: CAB93AEO 0 Increase width 4" #6 KKK-A-1822E CERTIFICATION LABEL The vehicle shall have weight/payload, electrical load and KKK-A- l822E certification stickers installed in the 02 compartment. 9/20/2006 I I I HORTON INSTALLED 'CB BODY MODIFICATIONS/OPTIONS ~ CB030000 0 2 MODULE HEAD ROOM, INCREASE FROM STANDARD (PER INCH) The standard module body headroom shall be increased from standard per the quantity listed below. The quantity represents inches and must be in increments of 2". CB06CCOO 0 4/13/2006 Headroom Required: 72.00" CRASH BARRIER SAFETY CONFIGURATION The side access door is to be relocated at the forward most area on the curbside of the body. The space between the door and the head of the bench is to be occupied by an inside/outside access compartment with three standard shelves ,125" thickness. The bench must remain a minimum of 72" long. 9/15/2006 Note: CB07S000 0 9/15/2006 CB09SAOO Requires 72" squad bench length Note to Sales Person: Modify bid specs to reflect this option. Ordering this option requires that you delete the front wall cabinet and that you change the walkthrough door to sliding in lieu of hinged. BODY MOLDING: delete The normal body seams shall be welded, filled and prepared prior to paint primer. Body trim molding shall be deleted. (does not apply with selection of Wheel Well compartments) PATIENT AREA SOUND PROOFING/ACOUSTIC ENHANCEMENT PACKAGE Hall-IVlark Fir!.' Jason C:wllllo Prim Features I .-1 Monday, Novembe/" 19,2007 2:09:47 PII'! Rev 1 Page 7 of ]0 Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ovtion CB09SBOO 0 ..- "'Horton 11II IIEMl:iRG&UCY..IiHICL1i:::il Year: Chassis: Model: Navistar Medium, 102" 603A 2008 Std Otv Header/Descrivtion/Data Proposal Total WALK THROUGH MODIFICATION FOR CUSTOM HEAT/AC SYSTEM 9/27/2006 !!! PASS THROUGH VEHICLE. Shift the bulkhead walk through opening 2" toward the curbside of vehicle so it is compatible with the custom heat/ac unit. o MODULE BODY HARDWARE ~ DG060000 WINDOWS, MODULE BODY ENTRY DOORS The rear module entry doors shall have solid windows. The side entry door shall have a sliding window. 9/30/2003 !!! SIDE PATIENT ACCESS DOOR WINDOW TO BE SOLID ILO SLIDING. DG06COOO 0 9/30/2003 DH030000 0 7/23/2004 DH040000 DH04RSOO 0 7/23/2004 DH270000 0 4/11/2007 PRIVACY GLASS: All patient windows shall have dark privacy glass. The windows shall meet FMVSS glazing standards. No films are to be used. STAINLESS STEEL SPLASH SHIELDS Install brushed stainless splash shields on the lower front face of the body just behind the cab access doors. These splash shields are to be the same height as the diamond plate front corner guards. MODULE BODY FENDERS: stainless steel Rear wheel housings shall have stainless steel flare skirts to protect the wheel house opening and side body finish. DIAMOND PLATE LOWER BODY RUB RAILS Aluminum diamond plate lower body rub rails are to be along the bottom of the body on each side. ACCESS STEP (AUTOMATIC): A step shall be installed at the side door. The step shall automatically fold out by electrical means when the side door is opened. Hllll-I\Ial'k Fire Jason Cavallo Prill! F e(ltllres " .."'~ MOllday, November 19, 2007 2:09:47 PiVl Rev 1 Page 80f30 Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ovtion DH330000 DL480000 101712003 DL48AOOO ...... IlllIHorton .. II ERolU!'I1ENCY VE:HtcLEG Year: Chassis: Model: 603A 2008 Navistar Medium, 102" Std Otv Header/Descrivtion/Data Proposal Total REAR DOOR HOLD OPENS, GRABBER Install Cast Products "Grabber" style rear door hold opens. (NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED) NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED. o ELECTRIC DOOR LOCKS: compartment Power activated door locks shall be installed on all exterior compartment doors. Locks shall be activated by a switch at each patient area access door, a switch in the front radio console and controlled with the access door locks. Locks may be overridden by a door key. ELECTRIC DOOR LOCKS: access doors Power activated door locks shall be installed on patient area access doors. Locks shall be activated by a switch at each patient area door, a switch in the front radio console and controlled with the access door locks. Locks may be overridden by a manual slide lever or by the door key. 1011112006 I " INSTALL AN ADDITIONAL DOOR LOCK SWITCH IN THE INHALATION PANEL. THIS SWITCH TO OPERATE ALL LOCKS. DL48COOO 0 3 ELECTRIC DOOR SWITCH: programrnable touch pad The patient area power door locks will include an exterior programmable touch pad system located near the body side access door. 312912006 Locate: INSTALL (1) ON EACH SIDE OF MODULE BODY PER DRAWING AND (1) ON REAR PER DRAWING. DL48DOOO 0 913012003 DLH400QO 0 913012003 DM1000QO ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES The module door locks and compartment locks (if ordered) are to be wired to the chassis door lock switches. RECESSED LICENSE PLATE BRACKET A Cast Products #LP0002 recessed license plate bracket shall be installed per the attached drawing. The bracket will include lighting in the top to illuminate the license plate. REFLECTORS: All patient compartment entry doors shall have red reflectors in the lower corner. Hall.t\Ial'k Fire .Jason CavlIllo Rel'1 , ,.1 MOl/day, November 19, 2007 2:09:47 Pl.1 Print Features Page 9 of 30 MONROE COUNTY FIRE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ....... '"'Horton B: IIIEt..IIi:RUEIU:Y VE.HICLIi::l Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total DR22AOOO 0 MATEFLEX IN EXTERIOR COMPARTMENTS Mateflex will be installed on the floor and shelves of all exterior compartments. 9/30/2003 Color: BLACK DR23AOOO RUBBER COVERED WALLS IN BACKBOARD COMPARTMENT The interior of the backboard compartment is to be covered with rubber matting to protect equipment stored in this area. Color: GRAY ,E PAINT AND STRIPING I ED010000 CHASSIS PAINT: standard white Chassis color to be standard white. ED040000 MODULE PAINT: standard white Paint module standard white Sikkens #FLNA4002. ED090000 0 STRIPE: custom Special paint stripe See drawing 4/30/2007 Paint Color: RED Paint Number: FLNA3042 ! !! INSTALL AN 8.00" f'lIDE BELTLINE STRIPE NITH 1.125" SAPPHIRE BLUE VINYL SPACED .250" ABOVE AND BELON STRIPE NITH "QRS" GOING INTO TOP OF STRIPE. SEE DRAWING. !!! ADD A LOWER SKIRT STRIPE fV1TH 1.125" BLUE VINYL STARTING AT TOP OF REAR CORNER GUARD THEN A .250" GAP THEN THE PAINTED STRIPE TO THE BOTTOM OF THE BODY. !!! REFER TO DRAWING I!! SAPPHIRE BLUE VINYL LISTED IN #220-37 PN# 10001920 I!! PLEASE PROVIDE PHOTOS WITH SPECIFICATION APPROVAL FOR REFERENCE. F INTERIOR CABINET DOORS, HANDLES & HARDWARE I FE010000 FULL HEIGHT PULL HANDLES ON SLIDING PLEXIGLAS DOORS All sliding cabinet doors to have full length pull handles. Hall-1Vlark Fire Juson ClH'allo MOl/day, November 19, l007 2:09:47 PM Pl"illt Fl'atures Rev 1 Page 10 of 30 , . '..^,~ Selected Feature List 11305 MONROE COUNTY FIRE RESCUE 490 63RD STREET MARA THaN, FL 33040 CHAD ROBINSON Oution FE01FTOO FE02AOOO FE06BOOO 0 -= ""Horton 11II IIEM!!RCiEIICY Y-EI-tICLES Year: Chassis: Model: Navislar Medium, 102" 603A 2008 Std Otv Header/DescrilJtion/Data Proposal Total LATCH, HINGED DOOR: South co flush stainless steel pull style Install stainless flush mount Southco pull latches on the hinged interior cabinet doors. PLEXIGLAS COLOR: light tint All Plexiglas doors to be light tint. 2 AVONITE COUNTER TOP WITH COVED INTERIOR EDGES An Avonite counter top shall be installed made from the material listed below. The inside vertical and horizontal shall have a smooth rounded radius instead of a 90 degree mated surface. 9/19/2006 Color: ROYAL SAPPHIRE #G3-1660 FE08STOO FSP00001 INHALATION PANEL (STANDARD): The inhalation panel is to be fabricated from Coosa material and covered with Formica to match to color selected. o SPECIAL INSTRUCTION, CABINET DOORS, HANDLES & HARDWARE 9/30/2003 !!! ALL INTERIOR HINGED CABINET DOORS (PLEX AND SOLID) ARE TO BE INSTALLED USING STAINLESS STEEL CONTINUOUS HINGE. G INTERIOR COLORS, UPHOLSTERY AND SEATING I GF01 ROOO 0 INTERIOR COLOR SCHEME: Custom Custom selection 9/20/2006 FLOOR; LONCOIN FLECKS TONE SAPPHIRE #152 RISER; INDIGO BLUE WITH BURGUNDY ACCENT STRIPE WALL: FASHION GRAY GLOSSIE CABINET: FASHION GRAY ALUMINUM UPHOLSTERY: FLINT GRAY GF02MOOO GF02POOO INSIDE CABINET FINISH: paint The interior of all aluminum cabinets shall have a durable paint finish. The painted surface shall be washable and non~absorbent. RISERS: The interior of this vehicle is to contain no wood or wood products, The risers are to be made of reinforced structural composite board covered with Formica per the color description. Hall-l\IlIrk Fire Jason Cavallo Prillt Features , .."j. MOl/day, November 19,2007 2;09;47 PI14 Rev 1 Page II of 30 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ..... "Horton 11II II E.....E.RGENCY VEHICLES Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total GK12COOO 0 HIGH BACK CHILD SAFETY SEAT Delete the standard attendant seat cushion. Install a high back bucket seat with built in child seat restraints. The seat to be adjustable front to rear. 9/30/2003 GK12C100 0 SWIVEL MOUNT BASE FOR EVS SEAT A Child Safety back attendant seat, or the five-point harness back attendant seat, will be mounted on a #10000534 swivel seat base. This option will require the vehicle heat/ac system to be relocated into the bottom of the linen cabinet. 9/20/2006 LOCATE: MOVE TOWARDS CENTER FROM STANDARD TO ALLOW SEAT TO ShrIVEL 360 DEGREES. H INTERIOR CABINETRY, STREET SIDE I HK000200 0 LINEN CLOSET WITH HEAT/AC UNIT IN BOTTOM A vertical storage cabinet shall be located behind the attendant seat. The upper storage area shall house the primary electrical distribution area. The lower section shall be used to house the vehicle heat/ac unit. The outer surface of this area will be covered with perforated stainless steel providing intake air to the heat/ac unit. The center section can be utilized for miscellaneous storage. The electrical distribution area and the center storage area shall be accessed through hinged doors, The electrical distribution area shall include a Southco key lock/latching device. The entire cabinet shall be fabricated from aluminum and shall then be painted, unless otherwise specified. 10/11/2006 !!! INSTALL A VENTED PANEL IN THE LOWER DOOR ON THIS CABINET. ! !! THE AREA BELOW THE ELECTRONICS IS TO HAVE A DRUG INSERT CABINET PER KI1A ! !! NOTE THAT PREVIOUS VEHICLES DID NOT INCLUDE AC UNIT IN BOTTOM OF CABINET. LOWER PORTION OF THIS CABINET WILL BE OCCUPIED BY HEATIAC UNIT. HK01 BOOO STREETSIDE WALL WITH CPR SEAT Street side wall to have CPR configuration. SEE DRAIHNGS 10/11/2006 !!! CABINET WALL PER DRAWING. !!! INSTALL THE INHALATION PANEL STRAIGHT ILO ANGLED AND SET BACK 8.00" FROM THE FACE OF THE CABINET. ! !! NOTE INSTALLATION OF SPECIAL FLUORESCENT LIGHT ABOVE 02 PANEL ILOS BAR LIGHT. !!! INSTALL SMALL OSCILLATING FAN IN OPEN AREA TO REAR OF CPR SEAT. Hall-Mark I<jrc Monday, Nlwember 19, 2007 2:09:47 PM Prill/ Features Jason Cavallo Rev 1 Page 12 of 30 , .., MONROE COUNTY FIRE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 -- '"'Horton __ IIr::M[A:13E~H:Y VlOHK:l.a;:!l. Year: 2008 Chassis: Model: Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total HK01 DOOO 0 ADJUSTABLE VERTICAL DIVIDERS: Install adjustable shelf tracks recessed into the upper and lower cabinet walls. Fabricate Plexiglas dividers to fit vertically into the cabinet and between the recessed tracks, The dividers shall be adjustable within the track and held into position with cushioned track shelf supports, 9/19/2006 LOCATE: QTY: CABINET OVER ACTION AREA TBD HK01 ROOO 0 2 LIFT UP CABINET FRAMES: street-side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame Shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. 9/20/2006 LOCATE; TWO UPPER CABINETS HK03DOOO 0 PULL OUT DRAWER INSTALLATION IN MAIN CABINET WALL Pullout drawer(s} shall be installed in the main cabinet wall at the locations listed below. 4/9/2007 Location: Install a pull-out wr~t~ng tray in the cabinet below the inhalation area. This is to be installed just to the rear of the attendant's seat. Install so that when the sliding doors are opened the tray may be extended for use. HK11AOOO 0 DRUG BOX: enclosed A separate drug storage box shall be fabricated and installed within the cabinet as designated in the cabinet wall diagram 9/30/2003 Locate: IN THE CENTER PORTION OF THE VERTICAL CABINET BEHIND THE ATTENDANT'S SEAT. INSTALL AN ALUMINUM BOX THAT IS 10.00" WIDE X 13.00" HIGH X 15.00" DEEP WITH A HINGED ALUMINUM DOOR. INSTALL A NATIONAL KEY LOCK IN DOOR. !!! NOTE DOOR TO BE INSTALLED USING STAINLESS STEEL CONTINUOUS HINGE. HK11 BODO 0 LOCKING DOOR: single Install a single lockable door. Include a National key lock. 9/30/2003 Locate: UNDER ELECTRONICS PER DRAWING. HK14BOOO 0 L1FEPAK 12 SWIVEL BRACKET A swivel bracket for a Lifepak 12 shall be installed as designated. 3/29/2006 !!! BRACKET TO BE A "CUSTOM ENTERPRISES # H7000B. INSTALL AVONITE SPACERS UNDER BRACKET TO ALLOW IT TO SWIVEL. INTERIOR CABINETS AND SQUAD BENCH, CURB SIDE I HalJ-rVlark Fire ,I aSOll eln allo MOl/day, November 19,2007 2:09:47 PM Prillt Featllres Rev 1 Page 13 of 30 , .'."oj. Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Oorion IA200000 IG05FOOO ....... ""Horton lIB IIl;M~Il(;l~~C'f ViHICLES Year: Chassis: Model: 603A 2008 Navistar Medium, 102" Std Otv Header/Descriotion/Data Proposal Total SQUAD BENCH STORAGE: Storage shall be provided under the bench cushions. The area shall be approximately 6" deep and shall run where possible under the bench. The storage pan shall be fabricated from aluminum and shall be accessed by raising the split cushions. o SQUAD BENCH: DELETE CUPS AND WELLS A 22" wide x 72" long bench cushion shall be provided on the curb side of the patient area. The cushion shall be split. No provisions for stretcher cups and wells are provided. 4/13/2007 !!! NOTE THE BENCH LENGTH OF THE FINISHED UNIT MUST BE 75" !!! IG10AOOO IG10QOOO 10/6/2006 IG15AOOO BENCH HOLD OPENS: gas Install gas spring hold opens on squad bench lid, BENCH HOLD-DOWN: paddle latches (Pair) Install recessed paddle latches into the squad bench riser to retain the squad bench lids in the closed position. The latches shall be both passive and positive. BENCH CUSHION EDGE TRIM: 10/11/2006 DELETE STAND;.lRD ALUMINUM ANGLE TRIM AND INSTALL STAINLESS STEEL PLATE ON BOTTOM OF CUSHION. Trim bench cushion edge with protective aluminum trim, to protect horizontal edge of squad bench cushion from tears,. IK18ROOO 9/19/2006 IK18RHOO 9/19/2006 o LIFT UP CABINET FRAMES: curb.side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. o BENCH CEILING STORAGE WITH SLIDING PLEX DOORS AND GLOVE STORAGE A cabinet shall be installed at the upper portion of the curbside wall next to ceiling. The cabinet shall have sliding Plexiglas doors in the rear section and storage for (3) boxes of rubber gloves in the forward section. Hall-[\lark Fire Jason Camllo Prillt Features I- ..-<~ iHollday, November 19, 2007 2:09:471'1'.1 Rev / Page f.I of30 MONROE COUNTY FIRE RESCUE 490 63RD STREET MARATHON, FL 33040 CHAD ROBINSON Selected Feature List 11305 """" "Horton 11II II El!.IEnCEtiCV VE..UClE::' Year: Chassis: Model: 2008 Navislar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total IK280000 o PASS THROUGH ACCESS TO THE CURBSIDE REAR COMPARTMENT Inside/outside access to the curbside rear compartment shall be provided as described. 10/11/2006 SIZE: UPPER PORTION ON AISLE SIDE DOOR STYLE: HINGED PLEXIGLAS NOTE: INSTALL A MAGNETIC DOOR SfVITCH TO ACTIVATE LIGHTING INSIDE COMP AR TMENT . ISP00001 o SPECIAL INSTRUCTION, CURBSIDE CABINETRY 9/19/2006 INSTALL A STORAGE AREA FOR THREE 'D ' BOTTLES IN THE CABINET AT THE HEAD OF THE BENCH. THE BOTTLES ARE TO BE ACCESSIBLE FROM THE STEPWELL WITH AN EXTERIOR STYLE DOOR WITH TRIMARK HANDLE SIMILAR TO 12151. THIS WILL CREATE A 'FLOOR r INSIDE THE COMPARTMENT AT ABOUT INTERIOR FLOOR LEVEL. BOTTOM WILL ONLY BE ACCESSIBLE FROM THE EXTERIOR. ISP00002 o SPECIAL INSTRUCTION, CURBSIDE CABINETRY 4/11/2007 Install a sharps/wast e area recessed int 0 the head end of the bench. Access to change containers to be through a hinged door in this area. 'J INTERIOR CABINETS, FRONT I JE05R100 0 ROBINSON ROLL UP DOOR, FULL HEIGHT A full height Robinson roll up door shall be provided. The door is to include a lift bar latch with key lock. 4/11/2007 !!! INSTALL A FULL HEIGHT FRONT ROLL STYLE. !!! THIS OPTION APPLIES TO THE COMPARTMENT AT THE HEAD OF THE BENCH. !!! NOTE THE COMPARTMENT WIDTH CHANGE LISTED ABOVE. THIS DOOR TO BE 4" WIDER THAN THAT LAST VEHICLES. K MODULE INTERIOR ACCESSORIES AND TRIM I KG02AOOO 0 3 I.V. HOOKS: Perko Install Perko I,V, hook where indicated. 4/11/2007 Locate; Over chest of cot and bench and over foot of bench. KG02BOOO 2 IV HANGER, CAST PRODUCTS WITH RUBBER ARM Cast products recessed IV hangers with rubber arms for attaching solution bags shall be installed in the designated locations. 4/11/2007 Locate: OVER FOOT OF COT Hall.Mark Fire Jason Cavallo IUollday, November I9, 2007 2:09;48 PM Prill! Featlires Rel'l Page I5 of 30 I. ..I Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THaN, FL 33040 CHAD ROBINSON Ovtion KG07 AOOO 0 .... IIItHorton IIiI IIEMt;R05l,C-V\l'EHICU;:~ Year: Chassis: Model: Navistar Medium, 102" 603A 2008 Std Otv Header/Descrivtion/Data Proposal Total CEILING GRAB RAIL: (2) 2ft rails or (1) 6ft rail Cabinet wall "An will have (1) 6' rail over cot. Cabinet ~lall "Bn will have (2) 2' rails, I-forward and I-to rear of CPR seat. 7/23/2004 Cabinet wall "A" Ivill have (1) 6' rail over cot. Cabinet wall "B" lvill have (2) 2' rails, I-forward and i-to rear of CPR seat. KG07COOO 0 GRAB RAIL: additional 6ft Additional (6)ft long ceiling mounted stainless steel grab rail. 7/23/2004 LOCATE: KG07HOOO 0 CURBSIDE OF CEILING PER PRINTS. VERTICAL GRAB RAIL INSTALLATION, 2 FT. Install 2' stainless steel grab rail. 4/30/2007 Locate: KG07JOOO 0 7/23/2004 KG110000 KG120000 KG16BOOO KL33BOOO 0 INSIDE SIDE ENTRY DOOR ON LEFT SIDE. MOUNT AT AN ANGLE. PATIENT DOOR GRAB RAILS: angled All patient access doors to have heavy duty angled stainless steel grab rails with smooth radius corners and flange mounting, FLOOR TRIM Trim floor with cove molding at non rolled areas of floor, CABINET TRIM Trim all vertical and horizontal edges. CEILING MATERIAL, PLATINUM WHITE ALUMINUM COMPOSITE The standard module ceiling material shall be platinum white aluminum composite. REAR RADIO SPEAKERS Install two rear speakers in patient compartment. Volume control to be integral to the rear switch panel and controlled by individual up/down momentary switches. 9/30/2003 Locate: OVER REAR DOORS KSP00001 0 2 SPECIAL INSTRUCTION, INTERIOR ACCESSORIES & TRIM 10/11/2006 SHIP (2) 10# ABC FIRE EXTINGUISHERS AND (2) #10000076 VEHICLE MOUNTS LOOSE WITH THE COMPLETED VEHICLE. Hall-Mark Fire Jason Cavallo Rev f Page f 6 of 30 I. .."'~ i'tlollday, November 19, 20fJ7 2:09:48 PJ1:! Prillt Features MONROE COUNTYRRE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 - ""Horton 11II II EMERQEf.CY VEl--UCLE~ Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descriution/Data COT MOUNTS AND ACCESSORIES Proposal Total L I 11/16/2007 LG03BOOO COT MOUNT STYLE: 175-4 dual position Cot mount to be dual position FW 175-4 for CPR cabinet wall. 4/9/2007 Cot Model: Locate: ProFlexx 93-P Center mount only M L1GHTBARS FRONT AND REAR I MAM148FO 1 FRONT LlGHTBARS FOR 96" BODlES o LIGHT BAR: custom front mam15yOO Install special front light bar, 4/30/2007 Model: ['lHELEN FREEDOM BAR Configure:[R rear corner][R][W][R][W][W][R][W][R][R rear corner] ALL LED o LIGHT BAR MOUNT: cab roof mam20aOO Mount light bar on cab roof. 9/21/2006 Model: selected above MM ELECTRICAL EMERGENCY VISUAL WARNING SYSTEMS ~ MM01AOOO 0 WIG WAG HEADLIGHTS: Install wig wag headlight flasher. 9/30/2003 MM26B030 0 6 RED SUPER L.E.D. LIGHT, 900 SERIES Whelen 900 series red super L.E.D. lights shall be installed in the designated locations. 4/30/2007 Color: RED Locate: (2) STREETSIDE (2) CURBSIDE (2) UPPER OUTBOARD CORNERS ON REAR, Hall-Mark Fire Jason Cavallo Monday, November 19, 2007 2:09:48 PM Prillt Features ReI! 1 Page 17 of 30 , . '.+,~ MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ....... ""Horton IIiI IIEM~nGEUCY VI;:HlClES Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ootion Std Otv Header/Descrivtion/Data Proposal Tolal MM26F020 0 4 RED L.E.D. LIGHT, 700 SERIES Whelen 700 series red L.E.D. lights shall be installed in the designated location. 4/30/2007 LOCA TE: COLOR: CONFIGURE: OVER REAR ["HEEL WELLS RED/CLEAR SPLIT INSTALL RED PORTION FORNARD. LOCATE: COLOR: CONFIGURE: BELOW REAR DOORS IN KICKPLATE AMBER/RED SPLIT NIRE TO ACTIVATE WITH THE REAR DOORS OPEN REGARDLESS OF MASTER SNITCH STATUS. MM26N030 0 2 AMBER SUPER L.E.D. KKK REAR LIGHT, 900 SERIES (1) AMBER series 900 super L.B.D. light to be mounted centered on rear face of modular body. 4/13/2007 !!! INSTALL ON REAR AT NINDOW LEVEL. MM26R020 0 AMBER L.E.D. KKK REAR LIGHT, 700 SERIES (1) AMBER series 700 L,E.D. light to be mounted centered on rear face of modular body. 2/25/2005 MM26SHOO HOUSINGS FOR I-SECTION LIGHTS, 400 HALOGEN OR STROBE, NAVISTAR 4300 Whelen #4IITKl housings will be utilized to mount Whe1en 4E series strobe or halogen intersection lights. MM26TI20 0 INTERSECTION LIGHTS, WHELEN L.E.D. 400 SERIES RED WITH FLANGE Intersection lights shall be Whelen 400 series L.E.D. style. MM26UJ20 GRILLE LIGHTS, WHELEN L.E.D. 700 SERIES RED Grille lights will be Whelen L.E.D. style. 3/29/2006 MM26ULOO HOUSING FOR WHELEN 700 SERIES L.E.D. GRILLE LIGHTS, 4300 NA VIST AR Whelen #7GILKT1 housings will be utilized to mount Whelen 700 series L.E.D. grille lights. MN AUDIBLE EMERGENCY WARNING SYSTEMS - I Hall-!\Ial'k !'ire Mal/day, November I9, 2007 Pril/t Features Jason CamBo 2;09;48 P,H Rev I Page I8 of 30 , ....,1- MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ...... ""Horton &:II IIEM:!::RCiEUCYVEHICU::S Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Sid Otv Header/Descrivtion/Data Proposal Total MN09NOOO AIR HORN: rnedium duty chassis The chassis shall have air horns installed from the chassis manufacturer. The air horns shall use the chassis air system. 4/30/2007 TRUMPET LOCATE: ACTIVATE: SIDES OF HOOD OEM HORN RING AND PASS. SIDE CONSOLE SNITCH. DELETE PULL LANYARD. MN35BOOD 0 SIREN: WS295HFSA1 Specified siren to be: WHELEN WS295HFSAI 9/30/2003 MN40AOOO SIREN INSTALL: The following siren shall be supplied and mounted as defined. 9/19/2006 Siren Model: SELECTED ABOVE MN45UIOO SPEAKERS WHELEN UNDERPRO, BUMPER MOUNTED SPEAKERS (PAIR) Install Whelen Underpro siren speakers. MN50ADOO SPEAKER INSTALL: bumper Speaker Selections (Bumper Installed) 9/19/2006 o ELECTRICAL, NON EMERGENCY LIGHTING I OLD9LODD 0 KKK SIDE BODY MARKER LIGHTS, L.E.D. (PAIR) Install red Whelen L.E,D. 700 series turn/marker lights on each rear side of the module body. Lights provide module body night time side lighting visibility and turning signal indication. 2/25/2005 OL34LOOO LED EXTERIOR COMPARTMENT LIGHTING All exterior compartments will be lighted with LED strip lighting, A vertical strip will be installed inside both sides of each compartment. The lights shall be directed toward the back of the compartment, Note: This does not include wheel well compartments. Hall-i\Iark Fire Jason C:n-utlo MOllday, Novl'1I/ber 19,2007 2:09:48 Plv/ Print Features Rn'l Page 19 of30 I ....~ Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Option OL350000 OM25AOOO 2 ...... ""Horton IIi!I IiIEMfROEUCV-.EHICUiS Year: Chassis: Model: Navislar Medium, 102" 603A 2008 Std Otv Header/Descriotion/Data Proposal Total ICC MARKER LIGHTS LED lee marker lights shall be installed. 4 SIDE SCENE LIGHTS, 900 SERIES Install Whelen 900 series 13 degree angled side scene lights, 9/30/2003 Locate: (2) PER SIDE PER DRAWING. OM25FOOO 2 11/16/2007 OM30L700 0 2 LOADING LIGHT, WHELEN 700 SERIES Install Whelen 700 Series loading lights with 8-32 degree internal tilt and chrome flange. TAIL LIGHTS, 600 SERIES L.E.D. (1) set of Whelen 600 series L.E.D. lights shall be installed on the rear of the vehicle as designated. They shall include L.E,D. stop/tail and turn signals. The backup lights shall be halogen. 9/30/2003 Locate: VERTICAL STACK ON THE REAR OF THE BODY PER DRAWING. p ELECTRICAL POWER GROUP I PAL00003 PAL01 BOO PAL02GOO 0 INTELLIPLEX MULTIPLEX ELECTRICAL SYSTEM: Install the Intelliplex Multiplex electrical system. BATTERY SWITCH: std. operation The "Master" battery switch shall switch battery power "on" and "off" to the ambulance body and conversion added electrical circuits only. All OEM chassis electric's, (headlights, ignition, keep alivel shall remain wired "hot" and have no ability to be switched "off", and provide circuit function as provided by the chassis manufacturer. INVERTER: 20-1000TUL interface A Vanner #20-1000TUL inverter shall be installed in the vehicle's designated electrical equipment location. Included will be a Vanner Interface Module, Inverter Status Panel, and Control Switch. The switch will be installed in the inhalation panel for inverter activation. 10/1/2003 Locate: #2 COMPARTMENT INSTALL SNITCH IN THE INHALATION PANEL. HPN# 03180024 Ball-IVlm'k Hre Jason Cavallo Prillt Features I ..".~ Monday, November 19,2007 2;09:48 PM Rel'1 Page 20 of 30 MONROE COUNTY FIRE RESCUE 490 63RD STREET MARATHON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ...... ""Horton ifili BE1.U;:RGENC.VVEHICLICi.!i Year: Chassis: Model: 200B Navistar Medium, 102" 603A Ootion Std Otv Header/Descrivtion/Data Proposal Total PAL04DOO 0 CHARGER/POWER SUPPLY: 45 AMP Install a 45 amp battery conditioner with ground fault protection shall be installed in the designated electrical equipment area. Conditioner to be wired to the batteries through the standard shoreline inlet. 9/30/2003 PAL30AOO 2 4 110V INTERIOR OUTLET Two 110V interior outlets are provided as standard on all models, The standard locations are in the inhalation area and the wall over the squad bench. Additional outlets are to be specified as to their location. 9/19/2006 Locate: Locate: Locate: Locate: Inhalation area Front wall cabinet (relocated to head of bench) Cabinet below the rear of the inhalation area. Cab console. Exact location TBD PAL31 COO 0 3 INTERIOR 12VDC OUTLETS: cigarette lighter type 12 volt outlets to use cigarette lighter style connectors. 10/20/2006 Locate: INHALATION AREA Locate: CRASH RESTRAINT CABINET AT HEAD OF BENCH Locate: PASSENGER'S SIDE OF CONSOLE Configure: "HOT" AT ALL TIMES. PAL38COO 0 2 SHORELINE: 20 amp eject Install a 20 amp Kussmaul auto ejection shoreline receptacle. Include a dynamic disconnect. 10/1/2003 Locate: streetside module body 111 WIRE (1) TO BLOCK HEATER AND INTERIOR llOV HEATER 111 WIRE (1) TO ALL OTHER 110V REQUIREMENTS INSIDE VEHICLE. P AL39000 o WIRE ENGINE BLOCK HEATER: Wire engine block heater to shoreline. Make provisions to disable engine block heater when desired. 9/30/2003 P AL40000 EXTRA 12VDC CIRCUIT BREAKER: An extra circuit breaker shall be installed. 9/30/2003 !! 1 THIS IS TO BE A 15 AMP BREAKER. PL 10AOOO SWITCH PANEL MOUNT: Switch panel to be flush mounted in upper face of console. Hall.jVlark FiI'c Jason Cmallo MOl/day, November 19, 2007 2:09:48 Pil'l Print Features Rev 1 Page 21 of 30 I. ...,~ Selected Feature List 11305 MONROE COUNTY FIRE RESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ootion PL11BOOO 0 9/3012003 PL11COOO 0 9/30/2003 PL11EOOO ...... ""Horton iii IJEMl1:RCiEUCY\I'EHICLi:S- Year: Chassis: Model: Navistar Medium, 102" 603A 2008 Std Otv Header/Descriotion/Data Proposal Total LIGHT PROGRAMMING: right side scene The right side scene lights shall come "on" when the side patient door is opened, LIGHT PROGRAMMING: load light The rear load lights shall be wired to transmission reverse, plus the standard mode of operation. o LIGHT PROGRAMMING: modular disconnect timer The module disconnect shall be wired to automatically shut-down when inadvertently left in the on position, with the engine turned OFF and the battery switch in the ON position. 7/23/2004 Time out: Configure: PL11GOOO PL 190000 5 min. Do not time out if shoreline is plugged in LIGHT PROGRAMMING: park brake A warning shall display on the front console readout, advising to set the Parking Brake, should the modular disconnect switch be "ON" and the transmission placed in "PARK" or "NEUTRAL", It will also advise to Disengage the Parking Brake should the vehicle be placed into gear. Configure: wire alarm to activate with red flasher circuit REPORT LIGHT: A report light shall be located at the action wall to light the counter area 9/30/2003 I!! THIS IS TO BE A SPECIAL 12.00" FLUORESCENT LIGHT ILOS. I!! HPN 10000526 WITH (2) #112 16WATT F85T/CW FLUORESCENT TUBES. PL20COOO 0 CLOCK: aircraft An aircraft style back lighted clock with sweep second hand shall be installed, The clock shall include a hinge for easy access to changing the time or battery. 3/28/2006 LOCA TE : PL220000 OVER REAR DOORS STEP WELL LIGHT: Install one step well light for the right side patient door. Light to come on when door is opened. 9/30/2003 !!! LIGHT TO BE INSTALLED ON THE RIGHT HAND SIDE OF THE STEPCvELL ILOS. Hall-lVlark Fire .Jason C:wallo Rev / I. ....\ lV/Ol/day, Novembel' 19, 2007 2:09:48 PM Pril/t Featul'es Page 22 of 30 MONROE COUNTY RRE RE$CUE 490 63RD STREET MARA THaN, FL 33040 CHAD ROBINSON Selected Feature List 11305 ...... "'Horton III II.EMa:coEIII;Y V~I-'1ICll'i:G Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total PL24TOOO o LAMP TIMER: prograrnrnable Install an electronic momentary touch timer switch where specified. The switch will enable time limited operation of the below listed lights, with the battery switch in the off position. 9/20/2006 LOCATE: BULKHEAD WALL INSIDE SIDE ACCESS DOOR LIGHT(S) CONTROLLED: FLUORESCENTS SET ELAPSED TIME FOR 15 MINUTES PL24WOOO 0 3 FLUORESCENT LIGHTS: Install 39 inch, 12 volt fluorescent ceiling light fixtures. wire to charger/conditioner in addition to standard mode of operation. 9/19/2006 Locate: FRONT, CENTER, AND REAR OF THE PATIENT AREA CEILING. PL27COOO 5 8 PATIENT CEILING DOME LIGHTS: Weldon Rear patient compartment lights to be Weldon halogen lamps and to be operated by individual cot and bench switches. Lamps to be infinitely adjustable and come on with the doors open. 10/6/2006 NOTE: LIGHT OVER HEAD OF BEENCH AND LIGHT OVER THE ATTENDANT'S SEAT TO BE ON SEPARATE SWITCH PL280000 GOOSE NECK PANEL LIGHT Install a flexible goose neck panel light in the following area. 9/30/2003 Locate: PASSENGER'S SIDE OF THE RADIO CONSOLE, ii! THIS IS TO BE A FEDERAL LITTLELITE ILOS. HPN# 03400491 PL29AOOO SPOT LIGHT: hand held Install an Optronics 400,000 CP hand held spotlight with momentary switch in the location noted below. 4/30/2007 Locate: INSTALL IN A CARPET COVERED ALUMINUM POCKET ATTACHED TO THE REAR OF THE RADIO CONSOLE PER LAST UNITS. Q HEATING, AIR CONDITIONING AND INTERIOR ENVIRONMENT I QH291 000 0 CABINET MOUNTED HEAT/AC UNIT FOR SWIVEL ATTENDANT SEAT The vehicle heat/ac unit will be installed in the bottom of the linen cabinet instead of the attendant seat base. Requires vertical mounting of a custom combo unit. 9/19/2006 Hall-Mark Fire ilJollday, November 19, 2007 2:09:48 PM Prillt Features Jason Cavallo Rev 1 Page 23 of 30 I. ..^'~ MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ..... ""Horton EiiI BEME:nCiE"~'c.Y\lEHICL"::; Year: Chassis: Model: 2008 Navislar Medium, 102" 603A Ootion SId Otv Header/Descrivtion/Data Proposal Total OH291200 o HEAT/AC SYSTEM.COMPRESSOR AND CONDENSOR FOR NAVISTAR 4300 Install a ProAir l2V heat/AC system, complete with compressor and condenser, for the Navistar 4300. Unit is to include a replaceable carbon filter at the air intake point, This system shall not tap into the chassis OEM heat/AC system. Includes a top mounted condenser for DT466. 10/11/2006 INSTALL AN EXTERNAL CONDENSER ON A 16" WEDGE MOUNT ON THE FRONT FACE OF THE BODY. ALL HOSES ARE TO HAVE "QUICK-CLICK" FITTINGS AND ARE TO BE INSTALLED IN PROTECTIVE LOOM. AC HOSES ARE TO RUN FRON THE LOWER LEFT PORTION OF THE #2 COMPARTNENT, UP AND OVER THE TOP OF THE VERTICAL CABINET BEHIND THE ATTENDANT r S SEAT, TO THE FRONT CONDENSER. iNSTALL AN ACCESS PANEL ON THE FRONT WALL OF THE VEHICLE TO SERVICE F'1 TT INGS. REDUCE THE USE OF FITTINGS AS MUCH AS POSSIBLE. INSTALL AN AUXiLIARY RECEIVER-DRYER IN THIS SYSTEM. SYSTEN IS TO INCLUDE A SECOND COMPRESSOR. OL43AOOO POWER VENT: roof mount Install roof mounted power vent. 10/20/2006 OL43BOOO STATIC VENT: roof rnount Install roof mounted static vent. 10/20/2006 QL450000 o ELECTRIC HEATER: A Dayton 110 volt electrical heater shall be installed in the patient area and shall be wired to the vehicle shoreline. 10/1/2003 !!! INSTALL IN THE REAR FACE OF THE BENCH PAN. INSTALL A CLOSEOUT OVER THE BACK OF THE HEATER INSIDE BENCH. R CAB CONSOLE AND COMMUNICATIONS I Hull-Murk Fire Monday, November 19,2007 Prillt Features Jason Camllo 2:09:48 PM Rev 1 Page 24 of 30 \ . '.".~ MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 """" ""'Horton 11II BEMtncEUCV VEHICLES Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Dotion Std Otv Header/Descriotion/Data Proposal Total RJ01AOOO ANTENNA COAX 1 : An RG 58U coax shall be installed so that the ambulance conversion need not be disassembled. 10/1/2003 Exterior Termination: FRONT CENTER OF MODULE ROOF Interior Termination: LOWER PORTION OF THE VERTICAL CABINET BEHIND ATTENDANT SEAT !!! INSTALL CUSTOMER SUPPLIED CABLE, MOUNT, AND "VHF" ANTENNA RJ01BOOO 0 ANTENNA COAX 2: Install additional antenna coax and accesses. 10/15/2003 Exterior Termination: CENTER OF MODULE ROOF Interior Termination: LOWER PORTION OF THE VERTICAL CABINET BEHIND ATTENDANT SEAT !!! INSTALL CUSTOMER SUPPLIED UHF ANTENNA AND COAX IN THIS LOCATION. RJ01 COOO 0 ANTENNA COAX 3: Install additional antenna coax and accesses. 10/15/2003 Exterior Termination: REAR CENTER OF MODULE ROOF Interior Termination: LOWER PORTION OF THE VERTICAL CABINET BEHIND ATTENDANT SEAT ! !! INSTALL HORTON SUPPLIED CABLE ONLY FOR FUTURE USE IF NEEDED. RJ040000 RADIO CABLE PULL WIRE A standard pull wire for radio installation shall be installed from behind the driver's seat to behind the inhalation panel. RJ05BOOO FRONT CONSOLE: A console shall be fabricated to coordinate with the interior cab color. Room shall be provided on the face of the console for installation of radio and siren controls. 10/11/2006 !!! INSTALL CUSTOM CONSOLE PER ATTACHED DRAWING. I!! REAR PORTION TO BE OPEN WITH NO SLOTS OR DIVIDERS. ! ! ! INSTALL (2) CUP HOLDERS PER DRAWING AND SEAL BOTTOMS AGAINST LEAKAGE. !!! INSTALL A .250" ALUMINUM REINFORCEMENT PLATE ON THE INSIDE OF CONSOLE PER DRAWING FOR ATTACHMENT OF LAPTOP MOUNTING BRACKET, ! ! ! ON THE PASSENGER'S SIDE OF CONSOLE ATTACH A CARPET COVERED PANEL EXTENDING BACK TO THE BACK WALL OF CAB CREATING ADDITIONAL STORAGE BEHIND THE EXTENDED AREA. I!! REFER TO DRAWING. RJ06AOOO o 2 RADIO HEAD PRE-CUT: front Cut out control console for radio head(s). 10/1/2003 Model #: CUSTOMER SUPPLIED HlllI-IVlark Fin' Jason CllVllllo Monday, November 19,2007 2:09:48 PM Rev 1 Prillt Features Page 25 of30 , ..,,~ Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ootion RJ06BOOO 0 ...... "Horton _ IIEMERGEIICV vi.HICU;S Year: Chassis: Model: Navistar Medium, 102" 603A 2008 Std Otv Header/Descrivtion/Data Proposal Total 2 RADIO HEAD PRE-CUT: rear 4/30/2007 Model If: CUSTOMER SUPPLIED Cut out rear action panel for radio head(s). RJ080000 2 RADIO POWER/GROUND: Install heavy gauge cable to positive and ground studs for radio power, 10/1/2003 !! f INSTALL (1) BATTERY HOT AND (1) BATTERY SWITCHED IN THE LOWER PORTION OF THE VERTICAL CABINET BEHIND THE ATTENDANT'S SEAT. T OXYGEN AND SUCTION I TN002000 OXYGEN BOTTLE MOUNT, VERTICAL TRACK FOR QRM.V Vertical track for mounting of a QRM-V 02 bottle mount shall be welded on the back wall of the compartment in the right hand corner. The 02 bottle mount is adjustable for "M" or "H" size tanks. 7/23/2004 Loca t e: TN01 MWOO Right hand portion of back compartment \val1 (2 vertical tracks). OXYGEN BOTTLE, CYLINDER BRACKET: Zico Zico QRM-V oxygen bracket shall be installed. 3/28/2006 Locate: Tank Si ze: TN030000 TN03AOOO 0 standard location '~MU or itHrr 2 2 OXYGEN OUTLETS, STANDARD Two oxygen outlets shall be provided as standard and shall be located in the inhalation panel. OXYGEN OUTLET: additional Install additional oxygen outlet(s). TN03AROO 0 10/1/2003 Locate: ON WALL OVER HEAD OF BENCH PER DRAWING. OXYGEN OUTLET: ADDITIONAL, RECESSED Install additional oxygen outlet(s}. Install so that the outlet(s) is recessed to a point where the flowmeter will not protrude into the patient compartment once it is installed. A recessed momentary rocker switch will be included for activation. 10/11/2006 LOCATE: CURBSIDE RISER NEAR REAR DOORS fff INSTALL CLOSEOUT OVER BACK OF OUTLET. CLOSEOUT TO BE FULL WIDTH BETWEEN DIVIDER AND LEFT HAND WALL. THIS CLOSEOUT TO ALSO COVER THE BACK OF THE DUMP SWI TCH. NOTE, CLOSEOUT TO BE AS SMALL AS POSSIBLE, 20.00" DEPTH REQUIRED IN COMPARTMENT FOR BACKBOARDS. Hall-Mark Fire Jason Can1l1o Print Features , .,,,j. Mllllday, November /9, 2007 2:09:49 PM Rev / Page 26 IIf 30 Selected Feature List 11305 MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Ovtion TN04AOOO 0 10/1/2003 TN050000 10/1/2003 TN060000 TN070000 TN100000 TN11AOOO TN120000 TN160000 TSP00001 ..... "'Horton 11II .E:MI!.RG~UC'" VEtnCl..fSG Year: Chassis: Model: 200B Navistar Medium, 102" 603A Std On Header/Descriotion/Data Proposal Total ADAPTER TYPE: Ohio Diarnond II Oxygen outlets to be Ohio Diamond II, 2 FLOWMETER: Supply dial type flowmeter, OXYGEN WRENCH: Install oxygen wrench in oxygen compartment, Mount secure so not left hanging. Mount with length of chain or cable so not removable. HUMIDIFIER: Supply (1) disposable oxygen humidifier. VACUUM OUTLET: inhalation wall A single vacuum panel shall be installed in the inhalation area, The outlet shall be of the same style as the oxygen system and hooked to the onboard vacuum pump. ASPIRATOR: RS.4X disposable Install Rico RS-4X aspirator. VACUUM PUMP: Install 12vdc electric suction pump. KKK SUCTION KIT: A suction kit shall be included and shall incorporate a suction rinsing bottle, (1) pharyngeal tip, and (1) yoke connector. o SPECIAL INSTRUCTION, OXYGEN & SUCTION 11/16/2007 Add option TN09DOOO per last units. Storage for 3 "D" bottles in the bottom of the cabinet at the head of the bench. This ldll protrude into the bench pan. Duplicate design from previos order. U LETTERING I Jason C:HlIllo 2 :09 :49 PIlI Rel'1 Hall-Mark Fire Monday, November 19, 2007 I ."'~ Print Features Page 27 of 30 MONROE COUNTY RRE RESCUE 490 63RD STREET MARATHON, FL 33040 CHAD ROBINSON Selected Feature List 11305 """" ""Horton !!III .E,.U;:RC~NCYVI;HI-Cr..I::"G- Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ootion Std Otv Header/Descrintion/Data Proposal Total UP010000 o LETTERING; Lettering to be included. 10/1/2003 Color: GOLD SCOTCHLITE WITH BLACK OUTLINE/SHADE Style: 4.00" HELVETICA UP01 CSOO 0 LETTERING REQUIRED ON CURBSIDE OF BODY Lettering shall be installed on the curbside of the body. This lettering shall meet the requirements listed below. 4/30/2007 "ESCAMBIA COUNTY" JtEMSIr "EMS" (ARCHED OVER SOL) (STRAIGHT BELOW SOL) (UPPER PORTiON OF FORWARD COMPARTMENT DOOR) "27" HiO DIGIT UNIT ID # (FIRST UNIT) ON SIDE ENTRY DOOR "28" H'{O DIGIT UNIT ID II (SECOND UNIT) ON SIDE ENTRY DOOR UP01 FOOO 0 LETTERING REQUIRED ON FRONT OF VEHICLE Lettering shall be installed on the front of the vehicle. This lettering shall meet the requirements listed below. 4/30/2007 "AMBULANCE" (MIRROR IMAGE ON HOOD 4" WITH NO SHADE/ OUTLINE INSTALLED AT TOP OF WINDSHIELD) UNIT ID #5 (27/28) IN STREETSIDE UPPER CORNER. UP01 ROOD 0 LETTERING REQUIRED ON REAR OF VEHICLE Lettering shall be installed on the rear of the vehicle, This lettering shall meet the requirements listed below, 3/30/2006 "DIAL 911" "BUCKLE UP" (ON REAR DOORS ABOVE WINDOWS) (ON REAR DOORS BELON NINDOWS) "KEEP BACK" "300 FEET" (BOTTOM OF REAR DOORS BELON STRIPE) (SIZE TO FIT) ,IEM$U (UPPER LEFT REAR CORNER OF VEHICLE) "XX" H'{O DIGIT UNIT ID II UP015S00 0 LETTERING REQUIRED ON STREET SIDE OF BODY Lettering shall be installed on the street side of the body. This lettering shall meet the requirements listed below. 3/30/2006 "ESCAMBIA COUNTY" "EMSJl "EMS" (ARCHED OVER SOL) (STRAIGHT BELOI., SOL) (UPPER PORTION OF FORWARD COMPARTMENT DOOR) "XX" IWO DIGIT UNIT ID # Hall-Mark Fire .IUSOIl Cunllln Monday. November 19,2007 2:09:49 PM Print Features Rel'l Page 28 of 30 I. .,,~ MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 ...... ""Horton IiiI iJEMfl:RGHiC'{VEHICUi.S Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ootion Std Otv Header/Descrivtion/Data Proposal Total UP03BOOO 0 90 4" SHADED SCOTCH LITE LETTERING 4/9/2007 " UPOBBOOO 0 2 STAR OF LIFE 12: (each) Install 12" star of life. 10/1/2003 Locate: FRONT OF VEHICLE PER DRANING. UP08COOO 0 2 STAR OF LIFE 18: (each) Install 18" star of life. 10/1/2003 Locate: EACH SIDE OF BODY PER DRANING. UP08DOOO 0 STAR OF LIFE 36: (each) Install 36" star of life. 10/15/2003 ON ROOF. YOO o PRICE ADJUSTMENT: discount Price discount, and or consideration. 4/9/2007 Multiple vehicle discount: $1,000 Z02 o Factory Pickup and Transportation Allowance for vehicle pickup, transportation and drivers fee. 4/10/2007 Z04 o Fuel, Tags, Etc. Allowance for fuel, tags and administrative. Hall-Mark Fin.' Jason Cavllllo MOl/day, November 19,2007 2:09:49 PM Prill! Features Rel'l Page 29 oj 30 ...,~ MONROECOUNTYRRERESCUE 490 63RD STREET MARA THON, FL 33040 CHAD ROBINSON Selected Feature List 11305 .... "Horton 11m IlI~Ml!RC[i!lCV ....E.HICLE::; Year: Chassis: Model: 2008 Navistar Medium, 102" 603A Ovtion Std Otv Header/Descrivtion/Data Proposal Total Total Configured Cost $179,278.00 Authorized Department Signature(s); Hall-l'vlark I'ire Juson Cavallo MOl/day, November I9, 2007 2;09;49 PI',I Prillt Featl/res Rev I Page 30 of 30 L .., BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19.2007 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact PersonlPhone #: Darice Hayes/6004 AGENDA ITEM WORDING: Approval of a Renewal Agreement by and between the Board of County Commissioners of Monroe County, Florida and Emergency Medical Sciences Academy, Inc. (EMS Academy) to provide an emergency medical services (EMS) training environment. ITEM BACKGROUND: In September of 2006 the Board of County Commissioners approved an Affiliation Agreement with EMS Academy which would provide a resource for a comprehensive learning experience for the EMS Academy students, within a clinical field setting, for completion of the students' program criteria (EMT-Basic and Paramedic). The Affiliation Agreement included an option to extend the Agreement for an additional one (1) year period on a yearly basis, Fire Rescue is requesting approval to exercise this option. PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006 the Board approved the Affiliation Agreement with EMS Academy for the provision of an EMS training environment for the period September 20,2006 through December 31,2007. CONTRACT/AGREEMENT CHANGES: The Renewal Agreement will be for the period January 1,2008 through December 31,2008. All other terms of the original Affiliation Agreement remain in full force and effect. STAFF RECOMMENDATIONS: Staff recommends approval of the Renewal Agreement between EMS Academy and the Monroe County Board of County Commissioners so that Academy students can have the training environment they require to complete EMS courses. These EMS courses are also available for locals who are interested in pursuing further courses in the Emergency Medical Services field, TOT AL COST: NI A BUDGETED: Yes No COST TO COUNTY:N/ A SOURCE OF FUNDS:N/ A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atiy""""! ~asing _ Risk Management _ DOCUMENTATION: Included X Not Required _ DISPOSITION: AGENDA ITEM # Revised Ilf06 , ..,,~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY COlltrnct with: Emergency Medical Sciences Contract #_ Academy, Inc. (EMS Academy) Effective Date: January 1, 2008 Expiration Date: December 31, 2008 Contract PurposefDescription: To provide an EMS training environment for students of EMS Academy within a clinical field setting with Monroe County Fire Rescue. Contract Manager: Darice Hayes 6004 Fire Rescue I StOD #14 (Name) (Ext.) (Department/Stop #) for BOCe meeting on December 19, 2007 Agenda Deadline: December 4, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YesO No 0 Grant: $ County Match: $ N/A Account Codes: Current Year Portion: $ - - - - ......-..- - - -- ~ ~ - - ----- - - ~ . ----- _ w _ _ ----- Estimated Ongoing Costs: $---.Jyr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACf REVIEW County Attorney Chm... ~ I ~,o"' Date In Needed ie r I:?--'L-,~I Y"ON08'_~ p-tf-01 \1~ ~ YesONod . a.ol ~/o>r y"ONoQ-"'- ~~ f f~&-f YesO NoOj - i-. /f4L Division Director Risk Management O~!PU(chasing Comments: OMB Form Revised 2/27101 MCP #2 , 'Hf RENEWAL AGREEMENT This RENEWAL AGREEMENT dated the day of ,2007, by and between the Board of County Con1lTiissioners ofMomoe County, FlOlida, hereinafter refelTed to as "AMBULANCE SERVICE" and EMERGENCY MEDICAL SCIENCES ACADEMY, INC., hereinafter refen'ed to as the "AGENCY". WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated September 20, 2006 to provide a comprehensive learning experience for paliicipants from the AGENCY, within a clinical setting; and WHEREAS, said agreement provided an option for an additional (1) year peliod extension if elected by both paliies; and WHEREAS, both the AGENCY and the AMBULANCE SERVICE have elected to exercise said option; now therefore IN CONSIDERATION of the mutual convenants and obligations contained herein, the parties agree as follows: 1. The paliies elect to renew the contract for an additional year pursuant to paragraph IIl.C. of the agreement entered September 20,2006. 2. The effective date of this amendment is January 1,2008 and shall extend through December 31, 2008, under the Salne tenns and conditions of the contract dated September 20, 2006. 3. All other terms and conditions of the contract dated September 20,2006 shall remain in full force and effect. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman (CORPORATE SEAL) ~~:estp~@,,~ Title: :5rW{E'Y\+ ~(V\ ceS EMERGENCY MEDICAL SCIENCES ACADEMY, INC, BY: =~ Title: i"f.,..V-~, Ol'-<--~.....I\)~ !-;"' ",",,,,,, ELIZABETH IACOBELLI ......~~';' "vl", . ~~o~ .',;-~ Notary Public - Slate of Flonda ~.: ~, :. $My Commlssion Expires May 25, 2010 ~~7; ;'%"1 Commission tI DO 513509 "",Nr.f,~,"" Bonded by National Notary Asso, MONROE COUNT\" ATTORNEY ;\PjfROVED f.G TCJj fOlili}1l; ~~ 1.., r-ttLJLf (tYNTH JA L. HALL -" ASSIST/\NT COUNTY f\TTORNE'Y Date_ lJ - 2t) :..?~ D:':J; . ACOR~M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDfYYYV) 10/30/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SEITLIN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6700 N. ANDREWS AVENUE, STE #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FORT LAUDERDALE FL 33309 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, (954) 938-8788 (954) 938-8566 INSURERS AFFORDING COVERAGE NAIC# INSUREO INSURER A: PHILADELPHIA INDEMNITY INS. CO 18058 Emergency Medical Sciences Academy, Inc. INSURER B: GENERAL STAR INDEMNITY CO. 37362 2000 WEST COMMERCIAL BLVD., STE #200 INSURER C: LIBERTY MUTUAL FIRE INS. CO. 23035 FORT LAUDERDALE FL 33309 INSURER 0: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO'L P~H~Y EFFECTIVE Pgi!fJ ~:,~t'~N POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE S 1 000 000 A -!... 3MMERCIAL GENERAL LIABILITY PHPK266098 10/7/2007 10/7/2008 ,?~MAC!~:rO_R"NTED $ 100,000 PREMISES iEa occurence\ - CLAIMS MADE W OCCUR MED EXP [Anyone person} $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 ~'L AGGRnE LIMIT AP~S PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY ~~RT X LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT S A ....!.. ANY AUTO PHPK266098 10/7/2007 10/7/2008 [Ea aeddent) 1,000,000 - ALL OWN EO AUTOS BODILY INJURY S SCHEDULED AUTOS [Per person) - ....!.. HIRED AUTOS BODILY INJURY S ....!.. NON.OWNED AUTOS (per accident) PROPERTY DAMAGE S {Per accident) RAGE LIABILITY AUTO ONLY. EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S 0ESSlUMBRELLA LIABILITY EACH OCCURRENCE S 10,000,000 B X OCCUR 0 CLAIMS MADE IUG395725C 10/7/2007 10/7/2008 AGGREGATE S 10,000,000 SIR S 10,000 R DEDUCTIBLE S RETENTION S S C WORKERS COMPENSATION AND WC2151287473016 9/21/2007 9/21/2008 X I T~g,n;;.Ws I IOI~- EMPLOYERS' LIABILITY 500,000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? EL DISEASE. EA EMPLOYEE S 500,000 ~p~Me~~v~~16~s below EL DISEASE. POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER AS DESIGNATED ORGANIZATION IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN MONROE COUNTY BOCC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 490 63 STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SUITE #140 REPRESENTATIVES. Marathon FL 33050 AUTHDRIZEO REPRESENTATIVE ,"."'... I ACORD 25 (2001/08) @ACORDCORPORATION 1988 , 4--' IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) rnust be endorsed, A staternent on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsernent. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this forrn does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirrnatively or negatively arnend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) . ".,'\- AFFILIATION AGREEMENT I. PARTICIPATING AGENCIES This AGREEMENT between EMERGENCY MEDICAL SCIENCES ACADEMY, INC., hereinafter refen-ed to as the AGENCY, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter refelTed to as the AM~~_ ERVICE is entered into tIns dd~day of ./ , 2006. II. PURPOSE OF AGREEMENT It is mutually agreed that the purpose of this AGREEMENT is to provide a comprehensive learning experience for pmiicipants from the AGENCY, witlnn a clinical setting, in accordance with provisions of the guidelines set forth in this AGREEMENT. III. GENERAL PROVISIONS OF AGREEMENT A. Both parties agree that there will be no distinction in employment or placement because of race, sex, color, creed, age, national origin, religion, marital status, disability or hmldicap and adhere to the provisions of Federal and State laws regarding discrimination. B. The AMBULANCE SERVICE will provide, to the Participant, at the Pmiicipant's expense, emergency care for injuries or acute illness while on duty at the AMBULANCE SERVICE in accordance with the provisions of this agreement. C. The term of this AGREEMENT shall be from the date of the AGREEMENT, and shall remain in full force and effect until December 31,2007. Either party may elect annually to extend this AGREEMENT for an additional one (1) year period upon providing at least thirty (30) days prior written notice of intent to extend. Either party hereto may telminate this AGREEMENT by giving at least thirty (30) day written notice to the other party. NOTICE: Where notice is required under this AGREEMENT to be given to either party, the notice shall be mailed to: For AGENCY: Frank Galgano, Program Director EMS Academy, Inc. 600 N. Pine Island Rd., Suite 320 Plantation, FL 33324 For AMBULANCE SERVICE: Clark O. Martin, Jr., Fire ChiefYDiv. Director Monroe County Fire Rescue 490 63rd Street, Suite 140 Marathon, FL 33050 1 I _i .....,~ IV. SPECIFIC RESPONSIBILITIES OF THE AGENCY A. AGENCY shall designate a person or persons to coordinate and act as a liaison with the appropriate AMBULANCE SERVICE persOlmel. B. AGENCY shall provide the AMBULANCE SERVICE with a list of participants in the learning experience at least ten (10) days before each program is to start. c. AGENCY shall insure that participants have the necessary didactic prerequisites to maximize the learning experience at the AMBULANCE SERVICE. D. AGENCY shall insure that the participants comply with the provisions of Section VI. E. AGENCY does undertake and agree that it will indemnify and hold harmless the AMBULANCE SERVICE and its officers, directors, employees, and agents, and reasonable attomey's fees on account thereof, that may be sustained or incun'ed by reason of any and all claims, demands, suits, actions, judgments, and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of, or relating in any manner to the activity of any pmiicipant or participants supplied by the AGENCY pursuant to this AGREEMENT. F. AGENCY shall procure and maintain, dUling the term of this AGREEMENT and any renewal, liability insurance to cover any and all liability (including professional liability) for claims, damages, or injmies to persons or property of whatsoever kind of nature arising out of the activities of the participants carried out under this AGREEMENT. Such insurance shall be on an occurrence basis in amounts no less than $1,000,000/ $3,000,000 for personal injuries and $50,000 for property damage; and the AMBULANCE SERVICE shall be an additional named insured under such general and professional liability policy or policies. AGENCY shall submit celtificates of insurance to the AMBULANCE SERVICE evidencing such insurance at the time of the execution of this AGREEMENT, and as requested by the AMBULANCE SERVICE. AGENCY agrees that the AMBULANCE SERVICE will receive no less than thiIty (30) days written notice prior to cancellation, modification, or non-renewal of any of the insurance coverage's described herein. Participants who do not have patient contact (non-allied health participants) will not be required to be covered by professional liability msurance. 2 L ~',.=\ V. SPECIFIC RESPONSIBILJITIES OF THE AMBULANCE SERVICE It shall be the responsibility of the AMBULANCE SERVICE to: A. Provide an appropriate orientation of participants in connection with its facilities and its policies and procedures. B. Provide opportunities for a leanring experience with appropriate supervision. C. Retain ultimate responsibility for patient care even if that care is given by a participating student D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the AGENCY in this AGREEMENT, as appropriate to the learning objectives. VI. SPECIFIC RESPONSIBILITIES OF THE PARTICIPANT It shall be the responsibility ofthe Participant(s) assigned through tIns AGREEMENT to: A. Comply with the policies and procedures of the AMBULANCE SERVICE. B. Provide the necessary and appropriate uniform while on duty in the A1\.1BULANCE SERVICE. C. Obtain prior written approval of both parties to this AGREEMENT before publishing any material related to the learning experience provided under the terms of the AGREEMENT. D. Sign a "Hold Harmless Agreement" with the AMBULANCE SERVICE prior to commencing his/her expeIience within the AMBULANCE SERVICE of which is attached to this AGREEMENT as Exhibit A. E. At all times, must wear the appropriate badge on every clinical rotation, and comply in all respects with the student requirements set forth in the requirement sheets. VII. REQUEST FOR WITHDRAWAL OF PARTICIPANT The AMBULANCE SERVICE shall reserve the right to deny any Pmucipant from access to its facilities whose conduct or work with patients or personnel is not in accordance with the policies and procedures ofthe AMBULANCE SERVICE or is detrimental to patients or others. 3 I ..(F+ VIllI. MODIFICATION OF AGREEIVIENT Modification of this AGREEMENT may be made by mutual consent of both pmties, in wliting, and attached to this AGREEMENT and shall include the date and the signatures of parties agreeing to the modification. IX. COPIES OF AGREEMENT Copies ofthis signed AGREEMENT shall be placed on file and be available at the corporate office of the AGENCY m1d in the offices of the AMBULANCE SERVICE. IN WITNESS WHEREOF the parties hereto have caused tlus AGREEMENT to be executed in their respective corporate names and their corporate seals to be affixed by duly authorized officers, all on the day and year first set forth above. ,'i/(SEAL) ,/Attest; J?,arl11Y L. Kolhage, Clerk . / l _,. .. {.. .. ,~ ..,' ~>' , . . r <c.' 2.-\<, l; ::.~~c Board of County COlmnissioners of Monroe County, Flodda Mayor! Emergency Medical Sciences Academy, Inc. ~ Director M. GRIMSLE }~~F-~T~ORNEV 4 t~.....~ lit .c;- EMERGENCY MEDICAL SCIENCES ACADEMY HOLD HARMLESS AGREEMENT AND RELEASE I, , am presently enrolled as an Emergency Medical Technician or Emergency Medical Technician Paramedic student at Emergency Medical Sciences (EMS) Academy. My course of instruction at this school requires me to train, study, and receive instruction at EMS Academy and/or Monroe County Fire Rescue (County). In consideration for the County providing me this opportunity to acquire training and instruction, I, the undersigned, agree to indemnify, protect, and hold harmless the County and its officers, directors, employees, agents and assignees from any liability judgments, claims, costs, damages or injury arising out of or in connection with any and all acts of negligent conduct on my part, however caused, during any instructional or training activity. I agree that I will defend at my own expense, any and all actions, lawsuits or proceedings which may be brought against the County in connection with the above and shall satisfy, pay and discharge any and all judgments that may be entered against the County in any such claims, lawsuits, or proceedings. I understand that, generally, while I am engaged in the activities of and related to this course of instruction and training, I am not considered an employee of the County and therefore, I am not eligible for any benefits available to County's employees, nor to Workers Compensation coverage pursuant to Florida Statute Chapter 440 (1989-90 or its successor amendments/statutes). I understand that there are inherent risks in training with County, including but not limited to, my own injury, exposure to blood-borne illnesses, and exposure to contagious diseases and contraction of such diseases. Participation in this training can result in severe injury and even death. I release County from any and all liability from any consequences arising out of my training with County. Date of I nstructional Activities: Date to Date Signature: Date: Witness: Date: I ~.',,~ PRODUCi'iR n:: OF OATS IMMIDDNYYYj 0312006 .,. THiS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTifiCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLiCIES BELOW. C & C Insurance 1921 NW 150 AVE SUITE 101 Pembroke Pines FL 33028 UlSURED EMERGENCY MEDICAL SCIENCES ACADEMY lNC 600 NORTH PINE ISLAND ROAD # 320 PLANTATION, FL 33324 INSURERS AFFORDING COVERAGE INSURERA SCOTTSDALE INSURANCE CO NAlC# COVERAGES INSURER B: INSURER C: INSURER 0: INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, II~~: ~~~~ POLICY NUMBER POLICY EFFECTJVl': POLICY EXPIRATION LIMITS ..QENERAL LIABILITY EACH OCCURRENCE S 2,000,000 A X .!.. OMMERCIAL GENERAL LIABILITY CLS124B389 04/11/2006 04/1112007 ~~~.~~UO RENTED S 100,000 - CLAIMS MADE [R] OCCUR MEO EXP IAnv ona nermanl S 5,000 - PERSONAL & ADV INJURY ~ 2,000,000 - GENERAL AGGREGATE $ 2,000,000 IilN'L AGGRM liMIT APnS PER: PRODUCTS" COMP/OP AGG $ EXCLUDED X POLICY ~.fl-,Q;: LOC ~OMOI3ILE LIABILITY COMBINED SINGLE LIMIT S - ANY AUTO (Ea accident) - ALL DWNED AUTOS BOOll Y INJURY (Per pernan) S - SCHEDULED AUTOS - HIRED AUTOS BODILY INJ URY (Per accIdent) S - NON-OWNED AUTOS .. .: .Af'.. ((I() :{ 1;1,)' PROPERTY DAMAGE S ;', (),":-,- >'1; /. '....' . (Por accidenl] RARAGE LIABILITY --\ \ \i9\YH j;;---- .-.' u,.' AUTO ONt Y - EA ACCIDENT S ANY AUTO .1 -,...- C ~ .__, s OlHER lHAN EAACC r. , . . ,..."", ", ,- ~.. . AUTO ONLY: ~ ~ -. n~ _. _," ..-.-" ; AGG S ~ESS/UMBRELLA LIABILiTY ,'{.." - . ~ . ~'" "','r"' '. .. EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE V. ~ ", ~ '- ". i' AGGREGATE S S ~ Ol':DUCTIBLE S RETENTION S $ WORKl:RS COMPENSATJON AND I ~~x,~T~ru: I IOJ.1;l- EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTNE E.l. EACH ACCIDENT $ OFFICERJMEMB ER EXCLUDED? E.L. DISEASE. EA EMPLOYE S ~~~~I~~mg~b~,ynd"r I EL DISEASE. POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPE:CIAL PROVISIONS CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION MONROE COUNTY SOCC 49063 STREET SUITE 140 SHOULO ANY OFTHE ABOVE DESCRIBE:D POLICIES Be CANCELLED EJl':FDRE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LeFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE <Me> @ACORDCORPORATION 1988 MARATHON, FL 33050 -ACORD 25 (2001f08) I. .r-'"" IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A staternent on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terrns and conditions of the policy, certain policies rnay require an endorsement. A staternent on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirrnatively or negatively arnend, extend or alter the coverage afforded by the policies listed thereon. " ACORD 25 (2001/08) I. .':r"~' -~TE~~irY iNSURANCE------I"::;;:,~'m'~;;--1 THIS CERTIFICATE IS iSSUED AS A MATTER OF iNFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE .4FFORDED BY THE POliCIES BELOW. PRODUCER C S, C Insurance <192'1 NW 150 AVE SUITE 101 Pembroke Pines FL 33028 INSURED EMERGENCY MEDICAL SCIENCES ACADEMY INC 600 NORTH PINE ISLAND ROAD SUITE 320 PLANTATION FL 33324 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: EVANSTON INS CO INSURER B: INSURER C: INSURER 0; INSURER E: NAlC# THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, Tl-IE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~!?D'l POLICY NUMBER PJl}.l.~Y EFfECTIVE POLICY EXPIRATION LIMITS ..Q[NERAl. LIABILITY EACH OCCURRENCE S 1,000,000 A X pMERCIAl GENERAL LIABILITY SM831393 11/11/2005 11/11/2006 DAMAGE TO RENTED S - CLAIMS MADE 0 OCCUR I-- MED EXP IAnv one oerson) $ X PROFESSIONAL LIAS - PERSONAL 8< ADV INJURY $ GENERAL AGGREGATE S 3,000,000 ~'L AGGRM LIMIT APnS PER: PRODUCTS - COMPIOP AGG $ POLICY P,,t'l,9;: lOC ..l!!lI"DMOBII.E LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODilY INJURY $ SCHEDULED AUTOS (Per person) - I- HIRED AUTOS BODILY INJURY S NON-OWNEO AUTOS (Per accident) I- - PROPERTY DM1AGE $ (Par accident) ~GE LlABIl.ITY AUTO ONLY - EA ACCIDENT S ANY AUTO ,\n'-'VYr i,.~';, ~:' I ,".,(} : EA ACC $ ~' r i~.' t , OTHER THAN . '. 1 i'<_, l'e__ }"'" , ri AUTO ONLY; AGG S pESS/UMBRELLA LIABILITY .." .~+..I-'I'. .- :~IITo~ I... , " EACH OCCURRENCE S OCCUR 0 CLAIMS MADE L, ,.~ ^.._. l AGGREGATE S WP.iVf:":i'1 s R DEDUCTIBLE ~':JA __L, S RETENTION S S WORKERS COMPENSATION AND IlX~H~rw"C I JO~- EMPLOYERS' LIABILITY '$ ANY PROPRIETOR/PARTNER/EXECUTIVE E,l, EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE S ~~~"c,~escdbe under E. L DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER MONROE COUNTY saee 490 63 STREET SUITE 140 MARATHON, FL 33050 'ACORD 25 (200i/OB) I.. ~-~,,~' CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIA6ILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESE~rrATlVE <Me> @ACORD CORPORATION 19B8 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A staternent on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terrns and conditions of the polley, certain policies rnay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). DiSCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirrnatively or negatively arnend, extend or alter the coverage afforded by the policies listed thereon. . ACORD 25 (20Ili/0S) \ i~"~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19.2007 Division: Airports Bulk Item: Yes X No Department: Florida Kevs Marathon Airport Staff Contact Person: James R, "Reggie" Paros/6002 AGENDA ITEM WORDING: Approval of Supplemental Agreement No, 1 for Federal Aviation Administration (FAA) Memorandum of Agreement No, DTF ASO-06-L-00099 ITEM BACKGROUND: Space is currently leased to the FAA at no cost in order to maintain F AA- owned navigation, communication and weather aid facilities at the Florida Keys Marathon Airport, The National Weather Service (NWS) is now mandated to provide back-up generators/power supply to all ASOS facilities located in the hurricane relief areas, to prevent the loss of mission critical weather data that is vital to the protection of life and property during a power outage, The purpose of this supplemental agreement is to incorporate a clause regarding back-up power supply for the Automated Surface Observing Service (ASOS) and to provide for reasonable access to allow for the Government or its contractor to provide maintenance of the standby power supply, PREVIOUS RELEVANT BOCC ACTION: On May 16, 2006, Board approved Memorandum of Agreement No, DTF ASO-06-L-00099 with FAA for navigation, communication and weather reporting areas and facilities at the Marathon Airport, CONTRACT/AGREEMENT CHANGES: Supplemental Agreement No, 1 mandates that NWS provides standby power to the ASOS and that reasonable access be provided to allow for the maintenance of the standby power supply, All other terms and conditions remain the same, STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMT MONTH Year APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 CONTRACT SUMMARY Contract with: USDOT-FAA Contract # Effective Date: Expiration Date: DTF ASO-06-L-00099 Upon Execution 9/30/2026 I for the Automated Surface Contract Manager: James R. Paros (Name) 6002 (Ext.) Marathon Airport/Stop 15 (Department/Stop #) for BOCC meeting on 12/19/07 A enda Deadline: 12/4/07 CONTRACT COSTS Total Dollar Value of Contract: $ nJa Budgeted? YesD No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ - - - ----- - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (e ,rnaintenance, utilities, 'anitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Dq(e !~I Needed ,'r!' "/<>',7Y esD NoL::Y/'" ... .". Review,ef' (. ------ Date Out ./ I ,/ .' ," / ./ /(j'/-" /} . J' #" .J / <_"'! Risk Manag~ment"'\ ~ tC {\ ~ ,\t O:M.B./PuM1a~ng 1l-1-67 ',-/' .r . /, j ~ ~,.", / County Attorney YesD NolR] Comments: SUPPLEMENTAL AGREEMENT NO.1 MEMORANDUM OF AGREEMENT NO. DTFASO-06-L-00099 THIS SUPPLEMENTAL AGREEEMENT, entered into this day of ; Two Thousand and Seven, between Marathon Airport hereinafter called the Lessor, and the United States of America, acting by and through the DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration (FAA), Southern Region, P.O. Box 20636, College Park, Georgia 30320, hereinafter called the Government; WHEREAS, it is the desire of the parties to amend FAA Memorandum of Agreement No. DTFASO-06-L-00099, dated June 6, 2006, whereby the Lessor leases to the Government land for all no-cost NAVAl 0 facilities located on-airport at the Marathon Airport, NOW, THEREFORE, the parties hereto covenant and agree that the said Lease is hereby amended as follows without change in the terms and conditions specified therein unless otherwise herein provided effective October 1, 2007: Section 12 is hereby added as follows: 12A. WHEREAS: Pursuant to 49 U.S,C, 47107(a)(12), the GRANTOR is required to furnish to the UNITED STATES OF AMERICA, hereinafter referred to as the GOVERNMENT, property interests in land or water areas or buildings that the GOVERNMENT decides are desirable for, and that will be used for, facilities for carrying out activities related to air traffic control or navigation without charge; WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the GOVERNMENT, and of the covenants and agreements to be kept and performed by the GOVERNMENT, the GRANTOR, pursuant to 49 U.S,C. 47107(a)(12), does by these presents hereby grant to the GOVERNMENT, at no cost, a License for the use of the premises, services, and facilities hereinafter described, or those of other mutually acceptable locations for the installation, operation, maintenance, repair, replacement, fueling, and removal of Automated Surface Observing System (ASOS) equipment. Such equipment may include, but is not limited to: an Acquisition Control Unit (ACU), Data Collection Package (DCP) and combined sensor group(s), communications and peripheral equipment, antenna(s), connecting cables together with primary electrical power, stand-alone battery backup power, standby engine generator and fuel supply, standby fuel cell, and connections to an acceptable alternative standby power supply for operation of the GOVERNMENT-OWNED equipment; and 128. The NATIONAL WEATHER SERVICE (NWS) is mandated by law to provide standby power for the Automated Surface Observing System (AS OS) to prevent the loss of mission critical weather data that is vital to the protection of life and property during a power outage, The Government's equipment shall include a standby power supply provided by a generator and liquid propane fuel supply, fuel cell, or acceptable alternative standby power source and necessary connections. The Government or its contractor shall be allowed reasonable access to install, operate, maintain, repair, replace, fuel, and remove the standby power supply. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first about written. MARATHON AIRPORT BY: DATE:_/__ (signature) TITLE: MAYOR U.S. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration BY: DATE:_/_/_ TITLE: fL() v'[- _'_'lj':~"',;~;J- I' rFl,o,VET ,\.~ -' 'Tlf<:1' ' 'I' L ,I r.. i ,--Zc\_-< ~~.~ \..... <.. .. - - ERCA80! I '-~~-;,S_S_I.~~~N-~_~~UN ~~_ ~~:~:'l~EY_. ,l' ~ fiG I ~~~ JEm~ U S DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number DTFASO-06-L-00099 MARATHON AIRPORT This agreement is made and entered into by the MARATHON AIRPORT, hereinafter referred to as the AI RPORT, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement, and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the MARATHON AI RPORT, Marathon, Florida NOW, THEREFORE, the parties mutually agree as follows 1. TERMS AND CONDITIONS (Jun-04): It is mutually understood and agreed that the AIRPORT requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the MARATHON AI RPORT, in order to support Air Traffic Operations Thus, in the interest of both parties it is hereby agreed that the AIRPORT will allow the FAA to construct, operate, relocate and maintain FAA owned navigation, communication and weather aid facilities in areas on the AIRP RT that have been mutually determined and agreed upon for the term commencing on ,'.... JLL/ , 2006 and continuing through September 30,2026 The FAA may terminate this ag' ement, in whole or in part at any time by giving at least (60) days notice in writing Said notice shall be sent by certified or registered mail. (a) Together with a right-of-way for ingress to and egress from the premises a rlght-of- way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications ;nes to the premises. including a right-of-way for subsurface power communication and/or water lines to the premises, all right-of-ways to be over the area referred to as MARATHON AI RPORT to be routed as reasonably determined to be the most convenient to the FAA and as not to Interfere With Airport operations The AIRPORT shall have the right to review and comment en plans covering access and utility rights-of-way ~Jnjer thiS paragraph I. ",' :,1",11 .-\ \ . .'," .-\ l:" "'.' ". '."" \11 [ ) I 1.\'-;( )-1111-1 -( 11)( jl)l) DUPLICATE 'F -: r:...... .- II, ., J ~ ~ : 0- f ~ ." :~ .', f \J ~ u \.::; ~ l tJ r~... (b) And the right to grading, conditioning, and Installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems The AIRPORT shall have the right to review and comment on plans covering work permitted under this paragraph (c) And the rights to make alterations, attach fixtures, and erect additions, structures or signs, In direct support of the AIRPORT The AIRPORT shall have the right to review and comment on plans covering work permitted under this paragraph (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport 2. CONSIDERATION (Au~- 02): The FAA shall pay the AIRPORT no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises 3. PURPOSE (Apr-05): It is understood and agreed that the use of the herein described premises, known as the MARATHON AIRPORT, shall be related to the FAA's activities in support of Air Traffic operations 4. FAA FACILITIES (Apr-05) The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that is made part of this agreement by reference and shown on the attached FAA "List of Facilities" 5. TITLE TO IMPROVEMENTS (Apr-05): Title to the improvements constructed for use by the FAA during the life of this agreement shall be In the name of the FAA 6. HAZARDOUS SUBSTANCE CONTAMINATION (Mav-OO): The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement The AIRPORT agrees to remedlate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises The AIRPORT also agrees to save and hold the U S Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directlY attributable to the installation, operation and/or maintenance of the facilities on the attached FAA List of Facilities' I, _ :l...' I, .-\\ );d:{lfl \d.:~,;,! ; .:;';I:,l\[) i Jll \S( l-I)(l-[ _(}(I(}l)l) DUPL\CAf~ UUlj~,~;"i~~ , 7. INTERFERENCE WITH FAA OPERATIONS (Oct-96}: The AIRPORT agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the AIRPORTS boundaries that may Interfere with the proper operation of the navigational aid facilities installed by the FAA, as it IS not in the best interest of the AIRPORT or the FAA 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct-96): The AIRPORT agrees that any relocation, replacement, or modification of any existing or future FAA navigational aid systems made necessary by AIRPORT improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the AIRPORT, with the exception of any such Improvements or changes which are made at the request of the FAA In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the AIRPORT or the FAA, funding responsibility shall be determined by mutual agreement between the parties 9. ANTI-KICKBACK (OCT-96) The Anti-Kickback Act of 1986 (41 use 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback, (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 10. COVENANT AGAINST CONTINGENT FEES (AUG-02) The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee 11. OFFICIALS NOT TO BENEFIT (OCT-96) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from It. However, this clause does not apply to this contract to the extent that this contract IS made with a corporation for the corporation's general benefit 12. NON-RESTORATION (Oct-96): It is hereby agreed between the parties, that upon termination of Its occupancy. the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this agreement It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or located upon said property by the FAA durrng ItS tenure Such abandoned equipment shall become the property of the AIRPORT 13. NOTICES (Oct-96): All notices/correspondence shall be in wrrting reference the Agreement number, and be addressed as follows 1.._ i," ,,:\\ 1,ll'ell) .\..1'. ,:'>::'.111,)11 J) II \\( )-()I1-lill)()'ll) DUPLICATE OHiG~it~L TO AIRPORT Marathon Airport 9400 Overseas Highway Marathon, Florida 33050 TO FAA Federal Aviation Administration. Southern Region Attn Real Estate Branch, ASO-56 1701 Columbia Avenue College Park, GA 30337 14. Previous Lease(s)/A~reement(s) This agreement supersedes and hereby terminates the following Land Leases/Licenses as of the effective date of this agreement ASOS RCO/H REILlRwy 7 DTFASO-OO-L-20250 DTFASO-10204 DTFASO-91-L-11867 15. CONCURRENCES: The AIRPORT and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s) This agreement is effective upon the date of signature by the last party thereof. By Mayor , (oftrG~ltitle) May 16, 2006 (date) (sig UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, J (', / / (/ -1 By I 'J/iC(L. j '. ,) iLl, . Ie 'L Jj\1a J LaMar " '~~ ~J};;~ CLERK J\\i' Real Estate CQntractinq Officer (offici al title) (:~ft L-; Lt (<tate) (6" Mrl.N E co_ UNT_Y 1'\ TOR.~"Y R.O;FD A~ !~tr(.r ( I' c'/' .I\.J"~' _ ___ PE.DJm--d--M' .' 5S I S i- A NTL~? ~7C"~T ,; '1 N E- , / . '--, ) I.' ! -" ,. \ " , I .. - \ \ ~ : '- ~ I ,:' \ '11 DUPLICATE ORiG~NAL -~ l) 11\\().(J().l .()(I()l)l) List of Facililil's MEMORANDUM OF AGREEMENT #DTF ASO-06-L -00099 MARATHON AIRPORT Facility RfW Number GSA Control Number Comments Number 1 t~S_9_S._ _--I l- I , Previous Lease No DTFASO-00-L-20250 ~ - ----- - ----- 2 RCO/H 1 I T -- ---+ I ._ I Pre~~u~ ~~ase No DOTFA.~~9~0204 I 3 1-- REIL 7 Previous Lease No DTFASO-91-L-11887 - -- ----j I 1 I - ------ ---T---" l- I r-- -. _L I + I f- I -j L__ l I. I - , ------f , ---=t:=~- U--l i l --l 1 -t - - - --t-- - --+-- -- -- t--- t- .----~-=-=L----. ___.1__ . - ____I I l- I - I ------r .- ~-- - ---t- L___ _ _ __ _I I ,:, ~,II \ \'" :' \ cI" " ',," l lll\\( J-I)!).! _()()()l)l) OUPLICP\TE OR Glr~AL "'\ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19.2007 Division: County Administrator Bulk Item: Yes X No Department: Airports - Florida Kevs Marathon Airport Staff Contact Person: James R, "Reggie" Paros/6002 AGENDA ITEM WORDING: Approval to negotiate a lease agreement for a parcel at the Florida Keys Marathon Airport on which to build aircraft hangars, if developable, at existing rates and charges with current airport tenants Richard Ramsey and R. Daniel Zieg ITEM BACKGROUND: A request has been received from Richard Ramsay and Daniel Zieg, current airport tenants, to lease a parcel with an area of approximately 40' x 100', currently unused, for the purpose of building enclosed aircraft hangars, The parcel is not designated for any other use presently and the tenants have agreed to have a biologist assess the area for any environmental concerns, at their expense, to determine if it is developable, PREVIOUS RELEVANT BOCC ACTION: N/ A CONTRACT/AGREEMENT CHANGES: This is not a contract. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMT MONTH Year APPROVED BY: County Atty N/ A OMB/Purchasing N/ A Risk Management N/ A DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 R RAMSAY AND R DANIEL ZIEG October 10, 2007 ;-,- :,',7"(;T.'J\TT~~r)l IlL'1 J 020D7 Mr. Reggie Paros, Director Marathon Airport Marathon, FL 33050 :. I /)j,:=-_ I , --I Dear Mr. Paros, We are requesting to lease a parcel of land at the Marathon Airport for the purpose of building enclosed hangars. This parcel is located in the North East comer of the airport as shown on the enclosed document, a parcel with an area of 40x I 00 ft., currently unused, and appears to be outside of any area of concern for the nmway. We are expecting to build the hangars at our own expense without any public funding and our investment is projected to exceed $100,000.00. We understand that the structure will meet or exceed Monroe County building requirements to withstand wind storms. We also are aware of the liability requirements necessary for this structure at the airport. The area in question appears not to have any growth to be of environmental concerns, however we are prepared to have a biologist assess the area, We appreciate your prompt attention to this matter and look forward to your positive response, Sincerely, ,;2Jt ~~~( >~-/- K V (.... V) '\. r: /) tt- Q '_ C:M:P;:Hort:'~C;:W"7~ l S,,-vJ r- f) 1.0'"' '\ e;t~ I-1-34n -t - ;t ~ '8 I ::l :1 cL Y\l -. -'80 \IV BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19.2007 Division: Housing & Community Development Bulk Item: Yes X No Department: Medical Examiner Staff Contact: James R, "Reggie" Paros/289-6002 AGENDA ITEM WORDING: Approval of Extension Agreement with Florida Keys Funeral Services, LLC, to continue to sub-lease premises for use as interim Medical Examiner facilities on a month-to-month basis, retroactive to October 1,2007, until completion of the new facility ITEM BACKGROUND: The Medical Examiner continues to utilize the funeral home located in Big Pine Key as an interim facility to perform autopsies and post mortem examinations, According to the Engineering Department, the current projected date for substantial completion of the new Medical Examiner's facility is May, 2008, As the current agreement with Florida Keys Funeral Services, LLC expired September 30,2007, we are requesting authorization to extend the agreement under the same terms and conditions, on a month-to-month basis, until the new Medical Examiner facility is completed, PREVIOUS RELEVANT BOCC ACTION: On March 16,2005, the Board authorized execution of a new Lease Agreement with Florida Keys Funeral Services to sublease premises for use as interim Medical Examiner facilities, for a period of 18 months commencing on the date the premises are ready for occupancy, On July 19,2006, Board approved a Renewal Agreement with Florida Keys Funeral Services LLC to provide interim facilities for the Medical Examiner for an additional one year period, On July 18, 2007, Board approved extension of agreement on a month to month basis until completion of the new facility, CONTRACT/AGREEMENT CHANGES: This Extension Agreement extends the current agreement on a month-to-month basis, retroactive to October 1, 2007, under the same terms and conditions, STAFF RECOMMENDATIONS: Approval TOTAL COST: $2.400 per month plus electric BUDGETED: Yes X No COST TO COUNTY: same as above REVENUE PRODUCING: Yes No X SOURCE OF FUNDS: Medical Examiner's Budget - Ad Valorem AMOUNT PER MONTH APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES DOCUMENTATION: Included: ~ DISPOSITION: Not Required: Agenda Item #: CONTRACT SUMMARY Contract # Contract with: Florida Keys Funeral Effective Date: October I, 2007 Services, LLC Expiration Date: Month-to-month Contract Purpose/Description: Contract extension to lease premises on a month to month basis for use as interim Medical Examiner facility until new facility is completed Contract Manager: James R. Paros (l\Iame) 6002 (Ext.) HCD - Stop 15 (Department) for BOCC meeting on 12/19/07 Agenda Deadline: 12/4/07 CONTRACT COSTS FY 2008 Total Dollar Value of Contract: $28,800 yr. Current Year Portion: $28,800 Budgeted? Yes[g] No D Account Codes: 68000-530440 __ 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 / /' / ) .. Dr:. }n, Needed _ ~..-//. R.e'Vi,~<V~r.// Division Director j 2- :~( C I YesD NollY _~/ ( ..' <:~ . '. / '.' Risk Management-\ . YesD NoD '( . OI.'Mu"-.B./pu'r'c,:'ast"n' g" " -.co -,.' YesD Nom - - :.' '.~- 11 - u t 1-::':'2~-,< County At)prne~ ti!l<k!/. Yesc;1l NoD ,d, ,'" ,~)>, \L ,~~ (, C I t-W . &.~~/O' ,j Comments: . . Date Out /,: <j:. ~ir(..,.(""'_1 ,.r.", ~ .' I . i "i. !. --~ _ ~.' ./1 11/ .1 j ,"", i~i. '~~1'{' .' i , f~ . I .-<t " .. f r. ~ " :t\::' ,,4/ "XT~NSION A.r.lnl'~MENT ~Jl LEA8~ QF MEDI~L E~NER J'AClI.ITUii (au,... promllG.lllbr lite u In.,," laal Blwnlner n.cmu.) THIS Bltte:ntlon pfLee8e is made lnd entered Into tills day of _"" . :Z007. bet\wen Monroe CQ\Ulty. 'pollticalsubdivi8ion of the St.te of FIori d.. ~ f'itorida Key. FlmIlRIl Bervi.ccls, (LeI to 0X1end the lcallC qrccmont dilled March 16. 2005 and all I" mewed OD JuJy 19. 2()06, WITNESSSnt: WHEREAS, ~be lHlIC 'be'twcen the parties dated Marcl\ 16. 200~ and nlnlllwed July 19, 2006, expired on September 30, 2007; IIJ1d WHE.RBAS. thl pIrtica doairo tQ oontinUCl tbc:ir rchnionabip under the c~,rrent contract on a month to month but.; NOW, TIlER.EpORE, the partlee ~ u follows: I. RotrolCclvo to Ootober l, 2007, the lcue IhAll continue on a month tel month buiB, 2. In aD othor relpCCla, tM orlsinal ap-acment between the parti08 da1Jed MlQ'(;h 16. 2005 and rene\W.d on July 19. 2006, rmWna in fUll force and ctfaat. IN WlTNBSS WHEREOP, the pertles have hereunto leI their handa and aDtl1. the day and )'OtI flr.l wriucn above:. (8oal ) AUIIt: DANNY L. KOLHAOB, CLERK BOARD OF COUNlY COMMISSIONERB OF MONROE COUNTY. FLORIDA 14)':_ By: Deputy Clerk " Mayo:: FLORlDA KEYS FUNERAL SERVICES, LLC ~/7 By: r;~~':~ Presi dt: lit APPROVED BY; Frederick M. Work Pinr.MJod Memorial ComotMy. Inc. RENEWAL AGREEMENT FOR LEASE OF MEDICAL EXAMINER FACILITIES TIllS AGREEMENT is made and entered into this 19th day of lu1y _ __,2006, between the COUNTY OF MONROE and FLORIDA KEYS FLNERAL SERVICES, LLC, in order to renew the agreement between the parties dated March 16,2005. 1. In accordance with Section 8 of the agreement, the County hereby exercises its optiGil to renew Lrie Lease Agreement [Oi' an additional one year term, beginning October 1, 2006. The prices stated in the March 16, 2005 agreement are the prices for the renewal term. 2. In all other respects, the lease agreement between the parties dated March 16, 2005 remains in full force and effect IN WlTNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above BOARD OF COWTY COMMJSSIONERS OF MONROE CqlfMTY, FLORIDA \ty J 1 I ___ Mayor/CHairman (SEAL ) ATTEST: DANNY L KOLHAGE, CLERK BTa~ / Deputy Clerk APPROVFD BY // / d A L// d,-;-~ - /_- Frederick M. Work Pinewood 'Memorial Cemetery. lnc. FLORIDA KEYS FUNERAL SERVICES, LLC By ~Ili~u~/ /7-' . I Title.. /~;L.lJ'.A..OL....,-,,-~ iVlONROE COUI\lTY ATTORNEY APPROVED AS TO FORM . / J ( : I ({ . .......--L ..., , . .~ SU$AN M. GRIMsLEY---- ASSISTANT COUNTY ATTORN[ LEASE AGREEMENT THIS LEASE is made and entered into this ~ day of March, 2005, by and between Florida Keys Funeral Services, LLC, 418 Simonton Street, Key West, Florida 33040, hereafter LESSEE/SUBLESSOR, and Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter S1JBLESSEE. WHEREAS, the property is owned by Pinewood Memorial Cemetery, lne, and leased to Florida Keys Funeral Services, LLC; and WHEREAS, the SUBLESSEE desires to lease premises for use as an interim Medical Examiners facilities; now, therefore IN CONSIDERA TrON of the mutual covenants contained herein, the panies agree as follows: Section 1_ The LESSEE/SUBLESSOR leases to the SUBLESSEE operating facilities at 31140 Overseas Highway, Big Pine Key, Florida, hereafter referred to as the premises, Sectio_n 2, The SUBLESSEE shall use the premises solely for functions of the Medical Examiner's Office, Section ], --- --- LESSEE/SUBLESSOR shall make the following listed improvements to the premises, which are necessary for the Medical Examiner's intended use, prior to the commencement of operations, at a total cost of twelve-thousand five- hundred ninety-nine dollars and no cents ($12,599.00). a, Move an existing county-owned specimen refrigerator into a private locked room and exhaust heat through wall, $838.00; b. Move and plumb an existing county-owned autopsy table to sewer, $1,959.00; c, Purchase and install approximately 32 feet ofFonnica counter, and top and bottom cabinets, $9,802,00, Sectinn 4. -. . -. - -- Upon recelpt of a proper invoice, St iBLFSSEE shall, purslldnt to the Florida Prompt Payment Act, make a lump sum payment in the amount of twelve- thousand five-hundred ninety-nine dollars and no cents ($12,599,00) to the LESSEr: 'Sl :BLESSOR for the improvements to the premises listed in Section 3 above, upon their completion and prior to occupancy by the Medical Examiner. ~;c\.:tJ()n) The U:';:-;1-'T :-:iT :~ll'SSOR shal I make and be3r the .::~d of (llh;j routine rep:1lrS, lllcludlllg p;\:nt, to pn:pZlre the prL'11lISc'S for such Ol'CUp~\l1cy Section 6 The Sl ;BIJ:S,-;r:t:, at its expen'L', shall purch;t;C, ',dllp and Il1staJl, Il1C ludin:; clectric;-lI wiring, one walk-in cooler, approximately 8 '0" x 8 '0" x 9'0", 011 an eXlstm" exterior deck \tructure at the premi<:,~:~, SectJun -;, Any alteratIons, addItions or Improvements to the premises, not prevIously enumerated, which the SUBLESSEE may require must be approved by LESS [F iS1.' BLl'SSOR and shall be at SCBLESS1' t' '5 expense, Alterations, additions and improvements must be constructed 111 a workmanlIke manner, meet all applIcable bullding and zoning codes, must not weaken or imp3.ir the structural strength or k,-.;~en the vcllllc.: of the build1l1g or the premIses or change the purpose.; for whIch the bulldln~, or any part of it, mJY be u:;c.:u Before beg1l1ning any work, all plans and specdlc3tions must be 3pprovecl by, and 3 building permit issued by, the ~r,nve!lUnenta] entity or entItil" th3.t havc Jurisdiction over the constmction All alteratIons, additions and improvements at the premises ZIt the begll1mng of this lease and any that are constructed dunng the term, are, or will become, part of the premises and the sole property of the LESSEFSUBLESSOR, except those moveable fixtures lOstal!l:d hy the S1JBLESSEE, which 3re its propet1y and may be removed by the SUBLESSc'L: at the end of this lease, Section8~ The term of this lease is for eighteen (18) months, commencing on the date the premises are ready for occupancy for the intended purpose by the Medical Examiner. The SlJBLESSEE may exercise Zln optIOn to renew this lease for one addition31 ye,lr, on a month-to-month basis, under the S3me terms and conditions by providing to LESSE1'rSUBLFSSOR at least sixty d3Ys prior to the expiration of the agreement wri tten notice 0 f the exercise 0 f option, Either party may tem1inate this Agreement without cause by giving sixty (GO) d3Ys written notice to the other indicating its desire to terminate same Sectinn 9 The total rental due for the premises for the flrst )":ar penod is $28,SOOOO, payable at $2,400,00 monthly, in arrears. 2 The Ll::::.-,:-:,L! ~l.'Rl.ESSOR shall submit monthly ll1voicc:; to \:lonroe rOLlnty P1i:,;ic S~lkt:: 1)1\is1I1n, 94(11) O'.L:r~;cas Highway, Suik 200, :\larathon, FloridZl :nll"il for proCC:<-:lJ1g. MOlln.!,: County's perfollllallCe and oblJgatlon to pay under this contract is COnl]);:~cl1t upon an JJ1l1ual appropriation by the BOCC St'rfJO!1 1 (). During the tC1l11 of this lease, unless otherwj:-;e provided for herem, the STBU:SScE shall, at Its own cost and expense, repair or r'~place any dam,\,-':.:s caused by St;BLESSFFs employec::o, officers and agents, and mamtain the premIses in good and safe condition ThL: S1.IBLESScE shall also use all reasonable precaution to prevent \Vask. uClmage or injury to the premiSL'\. LESSFL SUBLE SSOR is responsible for C;L:neral maintenance and repZlir of the structural elements of the preml-;e,. Section 1]. Normal waste refuse SL:rvlces and allutil1ties, with the exception of electric service, sh3l1 be sllpplied by LESSEE SUBLESSOR Section 12 . . . ElectriC service shall be the rc,ponslbtlity of the Sl '::l,L!~SSI E Biohazardous waste collectlon and disposal services shall \1,.: under the Jurisdiction of the Office of the MedIcal Examiner Secti "n 13. -. ..- The LESSEE/SUBLESSOR and SllBLESSEE mutu;:l!ly agn~c to the following, at no additional cost 10 either of the parties: a. LESSEE. SUBLESSOR may occasionally use, as necess3ry, the premises loca.ted at 3] 140 Overseas Highway, Big Pine Kc:y, Florida, for embalmlOg purposes and stora~e of dead human remains under refrigeration. b, SlmLESSEE may occasionally Llse, as necessary, the LFSSEF.'SUBLFSSOR's premises located at 418 Simonton Street, Key West, Florida, for post mortem external examinations and for additional storage of dead human remains under refrigeration. Section 14. The SUBLESSEE may not assi!m, suble,\:;c, pledGe, morL.'aC'.c or hypothecate this lease or :my interest that the SlJBLl-SSEE hJS under tIllS lease without the pcmmSlOn of the LXSSr.J. 'SCBLfSSOR. ::1cctinn 15 -.--. -. - - ---.-- The SeBr r.SSFT' shall, on the last day of the leJse tenn, or 2Zlrllcr on temllnatlon or ahandonment, pcaCL'ably and quietly surrender and deliver the pren',i,:-: to the Il,S~)FfSLBLESSOR Moveable fixtures and pc:c:ullal pruperty that \ .'~(ll"; to !]],:;;.;( HLl S,SU: may nc r~tnov:..:d on or prior to th( end of the Ll:n or upon temlin"tl(111 \ or Jbandonment. ivloveable fixtures and personal propeliy left on the premises more them fifteen Jays aik:' the end of the tenn, or after the date of termination or abzll1donment, \vill become the property of the LFSSEL 'Sl 'BLESSOR wIthout the need for any payment to the Sl ; HLFS,~LE Sectlcn 16, The SUBLESSEE is liJble fot' and must fully deiCnd, release, discharge, indemnify Jnd hold harmless the LESStE/SUBLESSOR from and against any and all claims, demands, caHS(,~; of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorney's fees and costs - that arise out afor are attributable to the SUBLESSEE's operations at the premises, excluding those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the LESSEE/SUBLESSOR, pursuant to the terms and conditions of Florida Statuke; 9768,28, Section 17, The LESSEE/SUBLESSOR for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, or national origin shall h~ di::;Climll1ated agall1st by LFSSEE/SlJBLESSOR in the provision of services or employment or other applicable requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of Title VI of the Civil Rights Act of 1964, and as said R.;gulations may be amended, That in the event of breach of the above nondiscrimination covenzl.l1ts, the SUBLESSEE shall have the right to tern1inate this agreement as if said agreement had never been made or issued, The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights, Sl'ction 18, The LESSEE/S1 ;BJ ,ESSOR acknowledges that its records relating to this lease are public records subject to disclosure under Chapter 119, Florida Statutes, Those records must be made available to any person who requests to view them during regular business hours (9:00 a,m - 5 :00 p,m" Monday through Fnday, excluding holidays) at an accessible locatlon in Key West, Flonda. Further, U-SSJ':I,',c;TBU:SSOR agn~;cs to maintain said records for at least three years :1fkl" th~ termination D[ tbe lease. 4 Section 1 r). This lease :1t,'Teement is govemed by the laws of the State of Flolida Venue for any litigation arising under this lc~lse agreement mllst be in a COlll1 of competent jurisdiction in Monroe County, Florida. /7 ~ / BY:~J~V1-U-~~ __.__"-=~~~-:::.'~-~_. Deputy Clerk BOARD OF COL:dY COMMISSIONERS OF MONROE CO\:NTY, FLORIDA i ~ t / l . " /[/?-,f<~ /' 7''--:.,/~a.1-) ATTEST DA~~:~Y KOLHAGF, CLERK By: (Seal) Mayor/Chainnan l) \ tie. rt, S'~c. }~"t-r-- By: /;/ ;1~ ~deriek M. Work Pinewood Memorial Cemetery, lne, u/. FLORiDA KEYS F[\lFRAL SERVICES, LLC APPROVED BY: By: /J /? ("1 I if/ .~ ~ ,~~~. /toJi,/ . .~2_?iZ~_. I Presldent t../ -\I"T0f-1NC:Y '.~, .; : FORM: ..f', '-" ". ,,'//'/ O. (/"~'/l",!{j~ ''i'.d..~ ~~-- . -"-=-:~ "..-" r;'r:+'.:' '. ( 'A ASS1ST~' L I; 2.--/1}--5-" kte_-- /.1 "7 c... . 5 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN ST\TF~IENT UNDER ORDlNANCE 1':0. OJO-1990 '\IONROE COUNTY, FLOIUDA ETHICS CLAUSE warrants that he.',t has not employed, retained or ntherwJse had aet on hIS I:, c,c:1:lif any former County officer or emploVe'" In VIolation of Sec'lon 2 of Ordm,mce No, 10-1990 or any County officer or employee m ViolatIon of ",cetlon 3 of Ordinance No 10-\990. For breach or Violation oftnlS prDVIS10n the County n~JY. lfllts discretIon. tenn\TI31c this contract wlthout 113b111ty and may also, m its dlscretlon, deduct from thc' contract or purch:r:,e pnce, or otherWise recover, the fu1i amount DC any fc~, comJlllssion, peIcentage, ["let. or corsldeIatlOJl paJd to the fomler Couelly officer Or employee j (SlgnutulC) LJate ) / / l /" - \ S UTE OF ~ LS_~) 0.~: E 1 COUNTY OF fT.. Luns PERSONAU~ Y APPEARED BEH lRE ME, the undersigned authOrity, f' H..,D i',:~ T K ":" .'l) 0 R 1:( who, after firsl bemg s\Vom by me, affixed his/her SJgTliltL:rc (name of mdlvldual Signing) in the space prov1ded ahove on thiS 7 t b day of FEHRUARY , 20? 0 0,5 , 1 ----:; ~(_. ~~".al,o' j.U, _Lj/G..--!-t1/1/_ NuCARY Prll::BLK My cor:mll' <Jun C."'1Jlres l] Y PL/:-,li~: - r< "'f Ofv[B - Mer InR:vl 'A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19. 2007 Bulk Item: Yes X No Division: Housing & Community Development Department: Medical Examiner Staff Contract: James R, "Reggie" Paros/289-6002 AGENDA ITEM WORDING: Approval of Lease Extension with Beyer Funeral Home to continue to lease premises for use as interim Medical Examiner facilities on a month-to-month basis, retroactive to October 1, 2007, until completion of the new facility ITEM BACKGROUND: The Medical Examiner continues to utilize the funeral home located in Key Largo as an interim facility to perform autopsies and post mortem examinations for some cases that originate in the Upper Keys area, According to the Engineering Department, the current projected date for substantial completion of the new Medical Examiner's facility is May, 2008, The attached Lease Extension extends the agreement under the same terms and conditions, on a month-to-month basis, until the new Medical Examiner facility is completed, PREVIOUS RELEVANT BOCC ACTION: On July 19,2006, the Board approved a Lease Agreement with Beyer Funeral Home, to lease premises for use as interim Medical Examiner facilities for a one year period, On July 18, 2007, Board approved extension of agreement on a month-to-month basis until completion of the new facility, CONTRACT/AGREEMENT CHANGES: The Lease Extension extends the current agreement on a month-to-month basis, under the same terms and conditions, STAFF RECOMMENDATION: Approval TOTAL COST: $215 per month BUDGETED: Yes..x No COST TO COUNTY: same as above Examiner's SOURCE OF FUNDS Medical Budget - Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH APPROVED BY: County Attorney YES OMBIPurchasing YES Risk Management YES DOCUMENTATION: Included: X Not Required: _ Agenda Item #: DISPOSITION: Dee 0-4 07 03:00p Risk Mana~ement (305) 295-3179 p. 1 MONROE COUNTY BO^RD or COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contruct with: .Bcyer Funeral Home Effective Date: October 1,2007 Expiration Date: Month-to~month Contract Purpo~e/Deseription: Contru\;t exLcn~ion to lease premi~es on a month to month bJ.sis for uso as interim Medical Examiner facility until n~w t'lcility is completed Contract Manager: .lames R. Pafl)~ (Name) 6002 (Ext. ) Hen - Stop 15 (Dcpartment) for Bact meeting I)n D_ccember J 9. 2()07 Agenda Dead line: l)e~cemb_er 4...2QQ1 CONTRACT COSTS fY 2008 Total Dollar Value of Contract: $2,580,00 yr, Current Year Portion: $2,SRO.OO-Xr-,- Budgeted? Yes[8J No 0 Account Codes: 0-8..000-530440 _-_ Grant: $_ _-_-_-_-_ COUIlty Match: $_ _-_-_-_-_ - .. - - -....---- ADDITTONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not inclmlt:d in cJollar value above) (eg.. maintenancc. milities, Janitorial, saloric>. etc.) CONTRACT REVIEW Change~ . J .'f ~)_~ Needed )>/< ~f{}\'cr ~ Division Director . i l 1(20 7y esD Noc.J'--~~ ~ /,. / ./~. 1~:'.dJ7 '/~\ C~~---Z) Risk Mal1agel~nt~' YesD No~ t i ..; ! .,~{I.u-'.I_';;;'; t ~~1r'llrc~is? 12 -<107 Y .sO NOl'f -::i;::!f-------. Co lint)', Attome y ,,115/"1 Y es~ NoD .=.L.vL-<<~L - '~~-. ; l'} 61.JJJ /<<~d , ) ;;;a? Comments:_ Date OUl /~~lj'/ ;,~ /;./!lL07- ,/, /... /lj/r T :RAft Ul"&N&IQN 1l'OR. LEAD QI' MItDJCAL ~ML"ft.R P'ACIl.lTII'.II THIS Bxtlftlloa o( Leue it lMde lAd m~ into tbia _ da,. of . 2001. ~ Monroe County, I pofitioe1 IUbdIvbion of the State of Florida, and Beycsr fuftord Home, to otlllld ele 1C4JC ~ dated July 19, 2006, WlTNESSETH: WHERBAS. the lease between ~ parties d.ux1 July 19, 2~ npired 0I'l ~ber 10. 200'7~ ~ WHEREAS. fhe p.M't:es desire to contiDue th4r.r '1IIadouhlp u"lder Ibe currm ~ on . mooth 10 Ibonth bu:.; NOW, 1ttJ:.~t"UIU). ~ ~ll~ ...,,~ a" _Il........ J. RetJ'OaCtivc to OctlOOez 1, 200?, the lL'.AJO shLl continue on a m~ to mantb b8l.1. 2. In all other re.pe<:tI, die cnpw aa;reanent betwMft me ,-rtiel QaIcd July 19, 1006 rwmail'll in f.JlJ bee anC e1fect. IN WITNESS WHEREOF. tht pvUOI haw ~re-.Jn1O s.et tbe!r hand, a..'td 8Nl, 1M day and )C*' fust ~e:n lbove. (Sill! ) AUMt: DANNY L, KOLHAOE, CLBRK BOARD Of COUNTY COMMJ8S10NBRS OF MO~ROB COUNTY. FLORIDA By B)': Oepu:, Ckrit Mayoi' BEYBa FlJN"E.RAL HOME /I / . ..., / I., By)'/ ..: ",;- +~/- LEASE AGREEMENT THIS LEASE is made and entered into this ~ day of Julv, 2006, by BEYER FUNERAL HOME, 101640 Overseas Highway, Key Largo, Florida 33037, hereafter LESSOR, and Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter COUNTY. WHEREAS, LESSOR is the sole owner of the premises described in this lease; and WHEREAS, the COUNTY desires to lease premises for use as a Medical Examiners facilities; now, therefore IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: Section 1, LESSOR leases to the COUNTY refrigeration and operating facilities at 101640 Overseas Highway, Key Largo, Florida. Section 2, The COUNTY shall use the premises solely for functions of the Medical Examiner's Office. Section 3. The term of this lease is for one year, commencing October 1, 2006 and ending September 30, 2007. The County may exercise an option to renew this lease for one additional year under the same terms and conditions by providing to Lessor at least sixty days prior to the expiration of the agreement written notice of the exercise of option. Either party may terminate this Agreement without cause by giving sixty (60) days written notice to the other indicating its desire to terminate same. Section 4, The total rental due for the premises for the first year period is $2,580.00, payable monthly as follows: a) Beyer's Funeral Home Facility at $215.00 per month, which includes refrigeration and use of the facilities for autopsies and post mortem examinations. The LESSOR shall submit monthly invoices to Monroe County Housing and Community Development, 9400 Overseas Highway, Suite 200, Marathon, Florida 33050 for processing. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Section 5, The COUNTY shall be responsible for providing all equipment needed to carry out the functions of the Medical Examiner, Section 6, AJI utility and normal refuse services shall be supplied by LESSOR, with the exception of biohazardous waste, which is under the jurisdiction of the Office of the Medical Examiner. Section 7 The COUNTY may not assign, sublease, pledge, mortgage or hypothecate this lease or any interest that the COUNTY has under this lease without the permission of the LESSOR. Section 8, To the extent allowed by law, the COUNTY is liable for and must fully defend, release, discharge, indemnify and hold harmless the LESSOR from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorney's fees and costs - that arise out of or are attributable to the COUNTY'S operations at the premises, excluding those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the LESSOR, subject to the terms and conditions of Florida Statutes 9768,28. Section 9, The LESSOR for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, or national origin shall be discriminated against by LESSOR in the provision of services or employment or other applicable requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of the above nondiscrimination covenants, the County shall have the right to terminate this agreement as if said agreement had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights, 2 Section 10. This lease agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. (Seal) ATTEST: DANNY KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OFMONROECOUNTY,~ORmA BY~ By: /) J ~f .! ~ ~ Mayor/Chairman Deputy Clerk BEYER FUNERAL HOJ\IIE 'J . /~ . (.,/ \ ~1 ,/:" ' By I{C7LpiSii,t;, ,_ , 1/../ / , v' (./ MONROE COUNTY ATTORNEY APPROVED AS TO FORM: . . ( . - ). -) t \. I' l \.':' /. i 4.....-.&....._.L.(......, I SUSAN M. GRIMSUiy - ASSlSTAt:h COUNTY ATTORNEY 3 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE /. ! 4 . -i~ // i / f~f//L "--p-7'J&ct--r JIC/}Ir-<...- warrants that helit has not employed, retained r / .j or otherwise had act on his/its behalf any fom1er County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretIon, tem1inate this contract without Iiabil!ty and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. STATE OF F ~~~'CL/ lIt o-JIh~ '~ 1/ (J .,.~.. .//. . I I ./. . " ---- I // ;gn'Jv.l 'I J ( . . (; . - '" . Date~C ;:/10U b j COUNTY OF PERSONALL Y APPEARED BEFORE ME, the undersigned authority, J14li-'t2II--YA.J r 13 ~e It.... who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this ;< 7 day of JwtP- ,20R..0 My commission expires: OMB - Mep FORM #4 ~~1"1I~ C, W1LUAM LANGSTAFF ':)~ .. MY COMMISSION;I DO 164766 ~'tOFf'..,-$ EXPIRES: November 13.2006 l.ooo-3-NOTAAY F1.. NollIl'/ 5e<'-A",,1I El<l<dir.g. tr.c. RECEJVED .JU~j ;j 0 2005 BY: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19.2007 Division: Public Warks Bulk Item: Yes X No Department: PW Management Staff Contact PersonlPhone# Dent Pierce/292-4560 AGENDA ITEM WORDING: Approval of a Resolution recognizing the services provided by the local office of The Division of Alcoholic Beverages and Tobacco, supporting the retention of the local office, and providing far the use of county office space on a space-available basis, ITEM BACKGROUND: The Department of Business and Professional Regulation is considering closing the local office of The Division of Alcoholic Beverages and Tobacco, PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/ A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNTPERMONTH Year APPROVED BY: County Atty _ OMBIPurchasing Risk Management ~ DOCUMENTA TION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 RESOLUTION NO. -2007 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECOGNIZING THE SERVICES PROVIDED BY THE LOCAL OFFICE OF THE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, SUPPORTING THE RETENTION OF THE LOCAL OFFICE OF THE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, AND PROVIDING FOR USE OF COUNTY OFFICE SPACE, WHEREAS, The Florida Department Of Business And Professional Regulation, Division of Alcoholic Beverages and Tobacco licenses the alcoholic beverage and tobacco industries in the State of Florida; and WHEREAS, over 700 active licenses currently exist for the sale of alcoholic beverages and/or tobacco products within Monroe County; and WHEREAS, at 42.7%, Monroe County is in the highest quartile and has the highest rate of youth 3D-day alcohol use in the State of Florida; and WHEREAS, Monroe County has the second highest percentage of adults age 18-44 who engage in heavy or binge drinking; and WHEREAS, Monroe County is a popular destination for young adults during the traditional spring break recess; and WHEREAS, the Division of Alcoholic Beverages and Tobacco enforces the laws and regulations of the alcoholic beverage and tobacco industries in the State of Florida pursuant to chapters 210,561-565 and 567 -569 Florida Statutes; and WHEREAS, Monroe County has learned that the Department of Business and Professional Regulation is considering closing the local office of The Division of Alcoholic Beverages and Tobacco; and WHEREAS, the local office of The Division of Alcoholic Beverages and Tobacco is a vital resource in the County's effort to curtail underage drinking and smoking; and WHEREAS, the Monroe County Board of County Commissioners is committed to the health, safety and welfare of residents and tourists, of Monroe County; NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. The Monroe County Board of County Commissioners strongly urges and fully supports the continued full time presence of the local office of The Division of Alcoholic Beverages and Tobacco and will provide County office space on a space-available basis to affect said purpose. 2. The Clerk of Courts is requested to send a certified copy of this Resolution to the State of Florida Department of Business and Professional Regulation, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of December, 2007. Mayor Charles "SOlmy" McCoy Mayor Pro Tem Mario DiGennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: BY: Deputy Clerk Mayor/Chairman Date: Date: Monroe County Quartile 1 2 3 C' 4 0 5 Cl 6 Qj 7 - Cll 8 u Cl 9 :::l 10 ... c 11 12 13 14 0 2 3 4 Quartile M e x i {~P~.9:~~~~' _ ~--*-- . _ ->= q?'~hdln~__- ~"~:. . =__- ~"~:i -->)<-- ---~-*- ----=-~ -- ..--*-~-. =- ,..--.Jj1!::rnta!#{i~.C LQstma~~"\ ';n~ ~.... -:: ~'1';;; -.~ . ~__- ~~rin eto ::E1J!d. in _ - -':_ __ - - _ -"","H_OITII!:l'~;j)d '~'~~~~~, L;;~Ae fng,-;;.hBffl 73~axe_~~/L~f,g~-.-:.t:'w*p~'Lake rJ I.J I f a f Marathon ~' ~ , 4;g~ne..-- - 0 rida Keys Fle:rnin.g Key eyWest Ocean BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Public Works Bulk Item: Yes -1L. No Department: Facilities Maintenance Staff Contact Person:] ohn W. King/292-4431 AGENDA ITEM WORDING: Approval of Assignment and Assumption of Agreement of Contract and Consent of the Monroe County Board of County Commissioners with Synagro Southeast, lnc, for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. ITEM BACKGROUND: In September 2005, Synagro Southeast, Inc. and Synagro South, LLC executed an Assignment and Assumption Agreement of Contracts. By approving this Assignment, Monroe County consents to the assignment of the contract from Synagro Southeast, Inc, to Synagro South, LLC, which is properly qualified to do business Florida. PREVIOUS RELEVANT BOCC ACTION: On November 19, 2003, the BOCC terminated the contract with American Water Services and entered into a contract with Synagro Southeast, Inc. On September 21, 2004, the BOCC renewed the contract for the first of two one-year terms. On October 20, 2004, the BOCC approved to rescind the renewal agreement with Synagro Southeast, Inc., as approved on September 21, 2004, and enter into a modified renewal agreement increasing the cost of sludge removal. The BOCC approved the final one-year option on November 16,2005. On November 14, 2006 the BOCC approved extension of the agreement. CONTRACT/AGREEMENT CHANGES: Contract assignment from Synagro Southeast, Inc. to Synagro SoutaLLc. STAFF RECOMMENDATIONS: Approval TOTAL COST: nla BUDGETED: Yes ~ No COST TO COUNTY: nla SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Arty...x..- OMB/Purchasing_ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: November 7, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - December 19, 2007 BOCC Meeting Assignment of Contract - Synagro Southeast, Inc. _ Plantation Key, Florida Synagro Southeast has been operating and maintaining the sewage treatment plant at the Plantation Key Government Center on a month-to-month basis until a bid opening could be held and a contractor selected. Synagro Southeast, has merged with other Synagro entities and withdrew from doing business in Florida. Prior to withdrawal, Synagro Southeast assigned its assets to the surviving entity in the merger, Synagro South, LLC, Synagro South, LLC now asks for the BOCC's consent to the assignment and assumption. I hereby request approval to consent to the assignment of the contract with Synagro Southeast, Inc. to Synagro South, LLC for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Synagro South f/k/a Contract with: Synagro Southeast Contract # - Effective Date: 12/01/06 Expiration Date: Month to month Contract Purpose/Description: Assignment of Operation and Maintenance ofthe Wastewater Treatment Plant at the Plantation Key Government Center to Synagro South, LLC Contract Manager: Jo B. Walters 4549 Faclities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 12/19/07 ^,genda Deadline: 12/4/07 CONTRACT COSTS Total Dollar Value of Contract: -0- Current Year Portion: $ -0- Budgeted? Yes[gJ No 0 Grant: $ N/A County Match: $ N/ A Account Codes: 001-20501-530-340-_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ----- CONTRACT REVIEW Changes Date In Needed Division Director ~()1 YesD NoQ"' '\i \ 1\ RiskMana~~ent i~'O) YesDNo~ ."), O.M.B.lPur~i~~ !1:..:1207 YesD NorY( .~ f':::::- __ County Attomey 1/f:n1rr7 YesD NoOO (1r;r:.n76 O>>~ ,d./~ fir TecJf1) :J." I--/t..r{)a..do Date Out Comments: OMB Form Revised 2/27/01 MCP #2 ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACT AND CONSENT OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THIS ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACTS (this "Agreement") is made to be effective the 19th day of September 2005, by and between Synagro Southeast, Inc., a Delaware corporation ("Assignor"), and Synagro South, LLC, formerly known as Synagro South, Inc., a Delaware limited liability company ("Assignee"). WHEREAS, Synagro Technologies, Inc. is the ultimate parent company of both Assignor and Assignee and Assignee is the direct parent company of Assignor; WHEREAS, Assignor has entered into an Agreement, dated November 19, 2003, and extensions thereafter dated October 20,2004, November 16,2005 and November 15, 2006, with the Monroe County Board of County Commissioners, for the Operation & Maintenance of the Sewage Treatment Plant Plantation Key Governrnent Complex located at 88820 Overseas Highway, Monroe County, Plantation Key, Florida, which agreement is incorporated herein by this reference (the "Contract"); - WHEREAS, Assignor desires to assign and transfer to Assignee all of its right, title-and interest in and to the Contract, subject to the terms, conditions, representations, covenants and agreements sel forth in this Agreement; WHEREAS, Assignee desires to assume the responsibility and obligation for the performance of all the services and other matters to be performed under the Contract after the date hereof in accordance with the terms set forth herein; and WHEREAS, the Monroe County Board of County Commissioners desires to give its consent to such Agreement as required by the Contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, transfers and sets over to Assignee, its successors and assigns, all of its right, title and interest in, to and under the Contract, subject to the terms, covenants, agreements, representations and conditions thereof. 2. Acceptance. Assignee accepts the assignment of the Contract, agrees to be bound by all commitments and obligations required to be performed or complied and any liability directly caused by Assignee as a result of Assignee's defective performance or compliance with such commitments and obligations, regardless of whether the work had been required to be performed by Assignor prior to the assignment; 3. ~ounteroarts. This Agreement may be executed in two counterparts, each of 1 which shall be deemed an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed and effective as of the date above written. Tax ID: 74-2924511 By: Robert C. Boucher, Ir. Presi dent ~ 'h By: r:{b'z'A,;!-. .;::1{( Nh<~~ Alvin 1. Thomas Secretary h,LLC ") Tax ID: 76-0612567 By: ~ ';L~~ Alvin 1. Thom$ , Secretary .~ . CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ASSIGNMENT AND ASSUMPTION Tbe undersigned hereby consents to the foregoing Assignment and Assumption of the Contract, by and between Assignor and Assignee. Effective as of the _ day of ,2007. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mario Di Gennaro, Mayor [SEAL] ATTEST: DANNY L. KOHLAGE, CLERK Date: By: Deputy Clerk 2 CONTRACT EXTENSION Operation and Maintenance Sewage Treatment Plant at the Plantation Key Government Complex 1HIS Exteusion is made and entered into 1his 15th day of November. 2006 between MONROE COUNlY, FLORIDA, a political subdivision of the State of Florida, and SYNAGRO SOIITHEAST INC., a Florida corporation, to extend the contract between the parties dated November 19, 2003, as renewed on October 20, 2004 and November 16, 200S (copies of which are iucorpo.at<d hereto by ref",e.....,) as fullows: WITNESSE1H: WHEREAS, the contract dated November 19, 2003, between the parties expires on November 30, 2006; and WHEREAS, the parties desire to ~'e tbeir relationship under the current contract as amended and renewed, on a month to IDODth basis; NOW, lHEREFORE, the parties agree as fullows: 1. Effective December I, 2006, the contract shaI1 continue on a month to month basis. 2. In all other n:spects, the original agreement dated November 19, 2003, as renewed on October 20, 2004 and November 16, 2005, remains in full furce and effect. IN WITNESS WHEREOF, the parties have hereunto set tbeir hands and seal, the day and year first written above. (Seal) Attest: DANNY L KOLHAGE, CLERK By:C1'.L~ ?Ollv- Witness ~~t;)~ Witness BOARD OF COUNlY COMMlSIONERS :-I!b'~A L\- 0 '" i :z: > :0("')2: t:J 0,...::: !!1 m:o::-< . . SYNAGRO SOUI'HHAST,~, ~ -.,..::Q~ -... c. :a.. ~SC ;Z wY:;=~ ~ K ~ .." ;= "' l:;) .." C ;.0 :0:> "I .;") <::> .-;:, <::I .F,., "'v?.s .-..,...,.,,._ Tide MONROE COUNTY ATTORNEY APPRO EO AS TO FORM: " .., au N M. GRIMSLEY ASSI81: T COUNTY ATTORNEY DI. /~ - /~ -Oh RESEWAL AGREDtE:'\IT Opcwuon and MainlenilnCC Sewilge Trcalmelll Plalll allhe Plamillion Key Governmem Compkx THIS Renewal " made and enlered inh' Ihis J(," day of So\emhcr. "005 belween MO:>OROF. COU:>OTY. FLORIDA and SYNAGRO SOUTHEAST 1:>Or. in order (0 renew lhe agreeme", belween the parties daled November 19. 2t.H13. and renewed un Oel"ber 2(j"' 2IHI... ii' fulhlw'\: I. F.x~rd~~ lh~ fjnall~f two ()n~-Yt,d n=ncwal options in ac\,.'\.)rJOJllcc to Arucle 1.05 Ii of th~ \)rig,inal conlraCl dated SO\'t:mht:T 19111, ::!nn3. and adju~a the contnu.'1 ;lmounl in accordance wilh the percentage change in Ihe Consumer Price Indes for :dl urban con"iumc:rs(C'PI-L') for Ihe mo...t recen1lwC'lve month... i..t\ailahk. ......y .'>t...... Monthly Operation :md Maintenance ch;.uges shall incr~a~ ....h9("-}. frum S77:!.-B per munth to SI<<I!l.66 per monlh. Repairs during normal working hours he)ond the S:;OCl.O(l bmil !o.hall inL.'rea...~ from S56,lW per ht1ur h) S59_~'O p~r hour. fmcrgl.:n~~ service calls for ,wenime hours shall increas,' from S IIJ.2'! per hour to S II ~.6IJ. Sludge remuv.1 fbey"nd Ihe lirsl four required 'IS regu!:tr maimenanl'e per )"'''1 ,hall inu~a~t' from $0.38 ~r gallon. to SOAU p~r gallon. The lerm of tbe renewed agreemelll will commenCe On December l~" anil t~rminall' \)11 Sov~mbc:r 3U. :!fH.)f\. ::o~ .:;C li;.- -< n In aUuther re'I"'cl'. the "riginal agreemenl helween Ihe parlies dated )I;~ll'i!r I~ ~OIJ3. and as renewed on Cktob~r :0. :!()O.... n:m;1in~ in full lllce..: and dTc~;o~ -0 , -1(")'- :K I~ WITNESS WIIEREOF.lhe p"rties ha\e herellnhl seltheir hands and sr.1j~ da~ COO....,. d year firsl wrill~n ~Ihon;'. ,.... ~ N <V~ ?>> ~ ~ , 3. ~. BOARD OF COUNTY COMMISIONERS :~ '1"'"0.< rm.~o."o.' lo:r'J.:~ Ckrk ~..t~ L/. \\~~~ ~zJ ^tj~ SYNAGRO SOt:THEAST. INC. //~. ../ H~~ -~ 5"/2 <71".?I.".,-,........... ...n~.,.... Tille _..~...,~-i.Y:" :_.."-_. .:.. _.'. -;". .<\,1 <.zL..' . . ""~S. ."",..- ". ," -- .....' v..""'" ".' . .' . ,'~ '~"',' . .. ~." .l'._ . ." .'''Iijt i/I.J ..~ . """ r ..., :::J ." o ,;0 ::0 m n o ;:lO c R1r.NIr.WAL AGREEMENT Operation and Maintenance Sewage Treatment Plant at the Plantation Key Government Complex TInS Renewal is made and entered into this 20. day of October, 2004 between MONROE COUNTY, FLORIDA and SYNAGRO SOUTHEAST lNC. in order to renew the agreement between the parties dated November 19, 2003 (a copy which is incorporated hereto by refelenee), as fullows: 1. Exercise the first of two one-year renewal options in accordance to Article 1. OS B of the original contract dated November Igth, 2003, and adjust t.he contract amount in accordance with the percentage change in the Consumer Price Index fur all urban consumers (CPI-U) fur the most recent twelve months available. 2. Monthly Operation and Maintenance charges shall increase 2.99% from $750.00 per month to Sm.43 per month. Repairs during nonnal working hours beyond the S5OO.00 limit shall increase from $55.00 per how' to S56.64 per how'. Emergency service calls fur overtime hours shall increase from SII0.00 per hour to SI13.29. 3. Sludge removal (beyond the first four required as regular maim"""'...... per year) shall increase from $0.20 per gallon to $0.38 per gallon. 4. The term of the renewed agreement will commence on December I, 2004 and terminate on November 30, 2005. 5. In all other respects, the original agreement between the parties dated November 19, 2003, mnains in full furce and effect. __-c:J ~~~~ '~b-- Wi BOARD OF COUNTY COMMlSIONERS OF MONROE COUNTY, FLORIDA By: //t-#U;J E: J%~0'- :: ::;7}c-;: ::::> 0'-. ,0 Gl:::-;.' <"- I '.D ("")' '" SYNAGRO SOUTIIEAST,lN~2: /<2~~( ~ By:--- _~I-" "., 0... ..f~ o!",,/VIfILrr- /I-1-?A-.7C",,\ Tille CONTRACT THIS AGREEMENT, made and entered into lhis 19th day of November, 2003, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Synagro Southeast, Inc. (hereinafter called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1.00 THE CONTRACT The contract between tlte owner and the contractor, of which this agreement is a part, consists of the contract documents. 1.01 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 1.02 SCOPE OF THE WORK The Contractor shall provide operation & maintenance, repairs, and all services to comply with DEP requirements, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in the Contract Specifications entitled: ... :;;g""1 ~ e a -.. :t;" _ 1- CJp~ - "., "';:0;-< f!] 0 g;"'r - ." !Egos N ~ -"nr- :-tJ :<M:::: ::Ie ;S? .,,;p. .", r. C? - n And his bid dated May 13, 2003, each attached hereto and incorponlted"as Pirt gg this contract documenL The specifications shall serve as minimum c6Rtraa standards, and shall be the basis of inspection and acceptance of all the work. Operation & Maintenance Sewage Treatment Plant Plantation Key Government Complex Monroe County, Plantation Key, Florida 1.03 TIlE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 30'h day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for sewage treatment plant operation and maintenance performed under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) must be invoiced as follows: · Monthly Operation and Maintenance Services (as outlined in the contract specifications)b· Repairs (routine, prior approval required). Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, beyond the $500.00 limit $750.00 per month $55.00 per hour . Emergency service call. Overtime rate for hours other than the normal working hours as stated above, including weekends and holidays $110.00 per hour .. Handling fee for parts required for operation, maintenance, repairs, and emergency service Cost + 20 % .. Sludge removal (beyond four per year required as regular maintenance) $0.20 per gallon 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the site and has made inveStigations to fully satisfy himself that such site is correct and a suitable one for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, an<Vor acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 1.05 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing December 1, 2003 and terminating November 30, 2004. B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 2 1.06 HOlD HARMLESS 1be Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses w-SUlting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 1.07 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe C.ounty. No statement contained in this agreement shall be construed so as to find the contractor or any of hiS/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.08 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic.or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.09 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. 'Ibis paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services/goods of the contractor. 3 1.10 COMPliANCE WITII IA W In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to temrinate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 1.11 INSURANCE Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WCl, GLl, VLl, and POLl, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 1.12 FUNDING A V AlIABILIT'Y In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or be mail to the contractor. The Board shall not be obligated to pay (or any services provided by the contractor after the contractor has received written notice of termination. 1.13 PROFESSIONAL RESPONSffilUTY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 1.14 NOTICE REQUIREMENT Any notice required or pemritted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. KeyWest,FL 33040 FOR CONTRACTOR Synagro Southeast, Inc. 5198 Overseas Highway Marathon, FL 33050 1.15 CANCEllATION 4 A) The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 1.16 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation :!rising under this Agreement must be in Monroe County, Florida In the event of any litigation, the prevailing party is entitled to reasonable market value attorney's fees and costs. 1.17 CONTINGENCY STATEMENT Momoe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IN WITNESS WHEREOF the parties hereto have ex:ecuted this Agreement on the day and date first written above in four (4) counterparts, each of which sbaIl, without proof or accounting for ~",~S":,~s, be deemed an original contract. (SEAI:-t'tli~~\:~:\ BO~.2~<?pN'tX..cO~~ONERS Attest'. 11~~~., OUlAGE, CLERK OF M~OUJ.lJf'l", ~ ;,;! (~~',:.'- "':,~ -:'~~~ By:-a~. &&~ By: ~~J# >n ~,~ . Deputy Clerk Mayor/Chairman Date: /;-/9-03 (SEAL) Attest: BY:.z~ SS T~e: o/I~ fir . By: dd-,~ ~ WITNESS Title: ,~.b kf CONTRACTOR SYNAGRO SOUTIIEAST, INC. B~:'~~~/ Title: Si? <>/S" ~"""""..... UZANNE A. H TTON ASSISTANT J,ou"rv ATTORNEV Data /~ ~ ..."1 s BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19.2007 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: John W, King. 292-4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Mowrey Elevator Service, Inc, doing business as Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County, ITEM BACKGROUND: Oracle Elevator was the only bid received at the November 13, 2007, bid opemng, PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATIONS: Approval TOTALCOST:$28.512,OOpervearservicemaint. BUDGETED: Yes X No $5,400,00 per year annual inspections Repairs: Regular Hours $136,00; OT $231.00 Parts: Cost + 30% COST TO COUNTY: $ same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH $ Year $ APPROVED BY: County Atty _ OMBIPurchasing Risk Management ~ DOCUMENTA TION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval to renew the License Agreement with the United States Department of the Navy for use of Navy shoreline on Boca Chica Beach. ITEM BACKGROUND: On December 31,2007, the License Agreement with the Department of the Navy for Boca Chica Beach will expire; however, the Navy has agreed to renew the Agreement. PREVIOUS RELEVANT BOCC ACTION: On March 28, 1990, the BOCC approved and authorized execution of the License Agreement with the United States Department of the Navy for use of Navy Shoreline on Boca Chica Beach. On January 18, 1996, the BOCC approved renewal of the License Agreement from January 1, 1996, through December 31, 2001. On May 15,2002, the BOCC renewed the License Agreement from January 1,2002, through December 31,2007. CONTRACT/AGREEMENT CHANGES: Renew License Agreement for a term beginning January 1,2008, through December 31,2012. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management ~ DOCUMENTA TION: Included X Not Required DISPOSITION: AGENDA ITEM # C-ll Revised 2/05 MEMORANDUM DATE: November 30, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - December 19, 2007 BOCC Meeting Renew the License Agreement with the United States Department of the Navy for use of Navy shoreline on Boca Chica Beach. Since March 1990, Monroe County has had a License Agreement with the United States Department of the Navy for use of Navy Shoreline on Boca Chica Beach, and on April 18, 200 I, the Board authorized to negotiate a licensing property agreement for U. S. Government Property, Dept. of Navy, for the South Shoreline of Boca Chica Key for public recreational space. On December 31, 2007, the License Agreement with the Department of the Navy to provide the public with a needed recreational are expires and the Department of the Navy is willing to renew the Agreement. I hereby request approval to renew the License Agreement with the United States Department of the Navy for use of Navy shoreline on Boca Chic a Beach from January 1,2008 through December 31,2013. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Department of the Navy Contract #_ Effective Date: 01-01-08 Expiration Date: 12-31-13 Contract Purpose/Description: License Agreement for use of the Navy shoreline on Boca Chica Beach to provide the public with a needed recreational area Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 12/19/07 Agenda Deadline: 12/04/07 CONTRACTCOSTS/REVENUE Total Dollar Value of Contract: $ N/ A Budgeted? YesD No D Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion: $ N/A - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes iltt{ In Needed Division Director j '/ Orr YesD NoD Risk Mana~ent \ ~-{OO) YesD N00' j>jIJ-.. O.M.B./Pur asing /,.:;{ -1007 YesD NOL1 County Attorney L~ YesD No0" Comments: OMB Form Revised 2/27/01 MCP #2 Date Out 12/r /(61 d,'"'\Cn); LICENSE FOR NON FEDERAL USE OF REAL PROPERTY NA VFAC 11011/29 (6-75) (Supercedes NavDocks 2260) LICENSE NUMBER TIDS LICENSE TO USE THE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE REVERSE SIDE HEREOF. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS, CONDI110NS AND GENERAL PROVISIONS. N69450-08-RP-00009 I. NA V At ACTIVITY (Property location) Naval Air Station Key West, Florida 2. DATES COVERED (Inclusive) FROM I January 2008 TO 31 December 2013 3. DESCRIPTION OF PROPERlY: As delineated on Exhibit "A", this property runs along the southern shoreline of Boca Chica Key. The shoreline is comprised of both sandy and rocky areas. l. PURPOSE OF LICENSE: To provide the public with a needed recreational area. ;. LICENSOR UNITED STATES OF AMERICA 15a. LOCAL REPRESENTATIVE, DEPT. OF THE NAVY OFFICIAL (Title and address) Commanding Officer, Naval Air Station S. LICENSEE (Name and address) Monroe County, 1100 Simonton Street, Ke West FL 33040-5000 6a. LOCAL REPRESENTATIVE (Name and address) Mr. Thomas J. WiIli, County Administration, 1100 Simonton Stree Suite 205 Ke West FL 33040-5000 7. CASH PAYMENT BY LICENSEE (payable in advance) (If no cash payment is required, enter ''None'' under item 7a "Amount") 1. AMOUNT (Each payment) $ None b. FREQUENCY c. FIRST DUE DATE PAYMENTS DUE d. TO (Title and address oflocal representative of the Government) 8. DEPOSIT FOR UTILlTES AND SERVICES (Payable in advance) (If no cash payment is required, enter ''None'' under item 8a "Amount") 1. AMOUNT (Each b. FREQUENCY c. FIRST DUE DATE deposit) PAYMENTS DUE $ N/A Vacant Land d. TO (Mailing address) 9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE (If any or all insurance requirements have been waived, enter ''None'' in a,b,c or d as appropriate) lYPE MINIMUM AMOUNT lYPE MINIMUM AMOUNT l. FIRE AND EXTENDED c. THIRD PARTY PERSONAL COVERAGE $ None INJURY PER PERSON $ 100,000.00 >. THIRD PARTY d. THIRD PARTY PERSONAL PROPERlY DAMAGE $ 100,000.00 INJURY PER ACCIDENT $ 300,000.00 10. GENERAL PROVISIONS (See Reverse Side) _icensee is self insured through the Florida Municipal Liability Self Insurance Program (see Exhibit "B"). Licensee is also subject to the additional >rovisions as listed in Exhibit "C". FOR II. EXECUTION OF LICENSE BY DATE NAME AND TITLE (Typed) SIGNATURE )EP ARTMENT OF THE NAVY ROBERT W. MCDOWELL, RA, AICP Real Estate Contracting Officer _ICENSEE Monroe County I 10. GENERAL PROVISIONS a. The Licensor hereby grants to the Licensee the right to use the premises or facilities descnbed in item 3, together with the necessary rights of ingress and egress. b. This License shaU be effective for the period stated in item 2 and is revocable at any time without notice at the option and discretion of the Licensor or its duly authorized representative. c. The use shall be limited to the purposes specified herein. d. This License shaU be neither assignable nor transferable by the Licensee. e. If utilities and services are furnished the Licensee for its use of the premises the Licensee shall reimburse the Licensor for the cost thereof as jetermined by the Licensor in accordance with applicable statutes and regulations. f. The Licensee, at its own cost and expense, shall protect, maintain, and keep in good order, the premises or facilities licensed hereby. At the jiscretion of the Licensor this obligation shall include, but not be limited to, contribution toward the expense of long-term maintenance to the Jremises or facilities, the necessity for which accrued during the period of Licensee's use. The amount of expense to be borne by the Licensee shall Je determined by prorating the total expense of the item oflong-term maintenance on the basis of fractional use by the Licensee. This fractional Jart of the total expense shall be prorated further if the item of long-term maintenance did not accrue in its entirety during the Licensee's use. Upon 1 determination by the Licensor that the necessity exists for an expenditure of funds for maintenance, protection, preservation or repair, the Licensee ,hall pay to the Licensor its proportionate share, on demand. g. No additions to, or alterations of, the premises or facilities shaU be made without the prior consent of the Licensor. Upon revocation or iUrrender of this Ucensee, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the premises or facilities to the same, or as good condition as existed on the date of entry under this License, reasonable wear and tear excepted. h. The licensee shall be liable for any loss of, or damage to, the premises or facilities incurred as a result of its use and shall make such restoration or repair, or monetary compensation as may be directed by the Licensor. The Licensee's liability for loss or damage to the premises resulting from risks expressly required to be insured hereunder shaU not exceed the amount of insurance so required. The Licensee shall not be liable for loss of, or damage to, the premises arising from causes beyond the control of the Licensee and occasioned by a risk not in fact covered by insurance and not customarily covered by insurance in the locality in which the premises are situated. Nothing contained herein, however, shaU relieve the Licensee of liability with respect to any loss or damage to the premises, not fully compensated for by insurance, which results from willful misconduct, lack of good faith, or failure to exercise due to diligence, on the part of the Licensee. AU insurance required of the Licensee on the premises shall be for the protection of the Licensor and the Licensee against their respective risks and liabilities in connection with the premises. Each policy of insurance against loss or damage to Government property shall name the Licensee and the United States of America, Department of the Navy, as the insured and shall contain a loss payable clause reading substantiaUy as foUows: "Loss, if any, under this policy shall be adjusted with (Name of Licensee) and, ~ proceeds, at the direction of the Government, shall be payable to (Name of Licensee), and proceeds not paid to (Name of Licensee) shall be payable to the Treasurer oftht'United States of America." ".' In the event that any item or part of the premises or facilities shall require repair, rebuilding or replacement resulting from loss or damage, the risk of which is assumed under this paragraph h, the Licensee shall promptly give notice thereof to the Licensor and, to the extent of its liability as provided in this paragraph, shall, upon demand, either compensate the Government for such loss or damage, or rebuild, replace or repair the items or items of the premises or facilities so lost or damaged, as the Licensor may elect. If the cost of such repair, rebuilding, or replacement exceeds the liability of the Licensee for such loss or damage, the Licensee shall effect such repair, rebuilding or replacement if required so to do by the Ucensor, and such ~xcess of cost shall be reimbursed to the Licensee by the Licensor. In the event the Licensee shall have effected any repair, rebuilding or -eplacement which the Licensee is required to effect pursuant to this paragraph, the Licensor shaU direct payment to the Licensee of so much of the Jroceeds of any insurance carried by the Licensee and made available to the Government on account of loss of or damage to any item or part of the Jremises or facilities as may be necessary to enable the Licensee to effect such repair, rebuilding or replacement. In the event the Licensee shall not !lave been required to effect such repair, rebuilding, or replacement, and the insurance proceeds allocable to the loss or damage which has created :he need for such repair, rebuilding or replacement have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount of iUch proceeds. i. The Licensee shall indemnify and save harmless the Government, its officers, agents, servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869,982; 28 U.S.c. Sec 2671,2680) or otherwise, for death or injury to all persons, or loss or damage to the Jroperty of all persons resulting from the use of the premises by the Licensee, and shall furnish the insurance specified in Item 9. Each policy of nsurance required in Item 9 covering bodily injuries and third party property damage shall contain an endorsement reading substantially as follows: "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under :his policy." j. AU insurance required by this License shall be in such form, for such periods of time, and with such insurers as the Licensor may require or Ipprove. A certificate of insurance or a certified copy of each policy of insurance taken our hereunder shall be deposited with the Licensor's local -epresentative prior to use of the premises and fucilities. The Licensee agrees that not less than thirty (30) days prior to the expiration of any nsurance required by this License, it will deliver to the Licensor's local representative a certificate of insurance or a certified copy of each renewal mlicy to cover the same risks. . k. No member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this License or to any benefit that nay arise therefrom; but this provision shall not be construed to extend to this License if made with a corporation for its general benefits. I. The Licensee warrants that it has not employed any person to solicit or secure thi~ License upon any agreement for a commission, percentage, )rokerage or contingent fee. Breach of this warranty shall give the Government the right to annul this License or in its discretion to recover from the jcensee the amount of such commission, percentage, brokerage or contingent fee in addition to the consideration herein set forth. This warranty ;hall not apply to commissions payable by the Licensee upon contracts or sales secured or made through bona fide established commercial or selling 1gencies maintained by the Licensee for the purpose of securing business. m. In connection with the performance of work under this License, the Licensee agrees not to discriminate against any employee or applicant for ~mployment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: ~mployment, upgrading, demotion, or transfer,; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of ~ompensation; and selection for training, including apprenticeship. The Licensee agrees to post hereafter in conspicuous places available for ~mployees and applicants for employment, notices to be provided by the Licensor setting forth the provisions of the nondiscrimination clause. The jcensee further agrees to insert the foregoing provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing )rovision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. n. All activities authorized hereunder shall be subject to such rules and regulations as regards supervision or otherwise, as may, from time to ime, be prescribed by the local representative of the Licensor as designated in Item 5a. NA VFAC 11011/29 (6-75) (Back) The Licensee is further subject to the following provisions: 1. The County shall provide maintenance of licensed shoreline as follows: A. Trash 1. 2. 3. 4. Place and maintain appropriately marked receptacles along the licensed area. Weekly trash pick-up for trash receptacles, or more often if conditions warrant. Weekly loose trash pick-up. Wee1dy removal of illicitly dumped material. B. Grass Cutting Monthly along licensed area. C. A coordinated effort shall be made between the Navy's Environmental Resources Division to reestablish and expand sea oat plantings for shoreline stabilization. D. Navy Fences - 1. Implement procedures to protect Navy fences and repair. or replace them if damaged by the public. 2. Notify Navy prior to start on any work on Navy fences. 2. The County shall enforce the following prohibitions on the licensed shoreline: A. NO vehicle parking (in the clear zones). B. No camping. C. No placement of utility poles or any other obstructions. D. No lights, fires, or smoke transmission. E. No facilities including concession stands and parking lots. F. No cutting, harvesting, removing, or eradicating any ofthe grass commonly known as sea oats, Uniola Paniculata, in accordance with FS 370.041. 3. The County must provide for enforcement of provisions as follows: A. County will enforce aforementioned prohibitions. B. County will conduct periodic patrol of beach to curtail other illegal activities e.g. drug use/altercations. 4. Miscellaneous - The County shall provide and maintain signage which explains the aforementioned prohibitions. 5. This license will be terminated if an increase in persons using the area results in a detrimental increase in bird activity and an obvious increase in the chance of bird strikes by Naval Aircraft. 6. NAS Key West may suspend this license in the event of an elevated security level. 2 EXHIBIT C N69450-08-RP-0009 lj--..., ..,..~.,...~ ;"~' '\..((.;.\1\ .l' "'~~ ..2;'\" .j ',.r' I \ ~' ~. _ .> \ \ \ . r I\. ~/ . \~,.. I.:'.J. ,. ."l,.l.' \.: 'J ~; 1\ ;l""'-'--:.f'!' ' ~. " l' .,; " \" ) - , 1 '/ :.:. ~ , \~ .~\ \ \ /,..-- 1\ ..1 ~. ;..~, "~,,.,(t' ". ~ J \~ (__h i ") V, if, .__-:>..; ~ ........\ ,~. II: '-c. \' "." 1. ( \ '\ \ : . t! 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I t n~ .!l . f' p' !i~iIJii ""~ ".(;, p..q.. ,,-..f Z .-:t llJ U o CORRECTED BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact PersonlPhone #:John King, 292-4431 AGENDA ITEM WORDING: Approval to pay G & K Services, Inc. for uniform service to the Division of Public Works during the start-up period ARAMARK Uniform & Career Apparel, L.L.C. needed to measure, prepare and distribute new uniforms to Public Works staff. ITEM BACKGROUND: ARAMARK is the new contactor for Public Works uniforms. Prior to providing staff with uniforms, each employee had to be measured and uniforms made. This has taken approximately two months. Due to contractual issues, Public Works must provide uniforms for employees, and G & K Services, the previous provider, offered to supply uniforms during this start-up period. PREVIOUS RELEVANT BOCC ACTION: The BOCC terminated the month-to-month contract with G & K Services, Inc. effective August 27, 2007, and awarded bid and executed a contract with ARAMARK Uniform & Career Apparel, L.L.C. for the Division of Public Works uniform services. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $1,902.86 $4,507.02 BUDGETED: Yes X No COST TO COUNTY: same SOURCE OF FUNDS: Ad valorem and Gas Tax REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMBIPurchasing_ RiskManagement_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # C-12 MONROE COUNT~BOARD OF COUNTY COMMISSIONERS POi 00022608 PAGE NO. 1 +-----------------------------+ I PUR C HAS E 0 R D E R I +-----------------------------+ COUNTY SALES TAX EXEMPT NUMBER: 85-8013825294C-7 VENDOR: 001937 G & K SERVICES INC 8070 NW 77 CT MEDLEY FL 33166 SHIP TO: MC PUBLIC WORKS CARPENTER SHOP 3583 S. ROOSEVELT BLVD KEY WEST, FL 33040 ATTN: NANCY JOHNSON ATTN: DATE: 12/12/07 BUYER:PFM/NANCY JOHNSON/JWALTERS TERMS:NET 30 DAYS FOB: ITEM# QNTY UOM DESCRIPTION REQ. NO:00019934 RQ: DESC: UNIT PRICE EXTENSION 01 1.00 LOT UNIFORM SERVICES 2060.7500 2,060.75 FOR FACILITIES MAINTENANCE 02 1.00 LOT FOR PARKS AND BEACHES 655.6600 655.66 03 1.00 LOT FOR CORRECTIONS 291.2400 291.24 04 1. 00 LOT FOR ROAD DEPARTMENT 974.7300 974.73 05 1. 00 LOT FOR CARD SOUND 120.9600 120.96 06 1.00 LOT FOR FLEET MANAGEMENT 403.6800 403.68 ITEM# ACCOUNT 01 20501 02 20503 03 20505 04 22500 05 22502 06 23501 530340 530340 530340 530340 530340 530340 AMOUNT 2,060.75 655.66 291. 24 974.73 120.96 403.68 PAGE 1 TOTAL: PO TOTAL: PROJ CD 4,587.02 4,5 7.02 p~~~~ INV # AUTHORITY: G & K FINAL INVOICE SUMMARY Date Invoice Amount 1009 8/30/2007 1151538276 42.01 sub 1009 42.01 9/6/2007 1151542688 42.01 9/13/2007 1151547096 42.01 9/20/2007 1151551524 42.01 9/27/2007 1151555916 42.01 sub 1009 168.04 10/4/2007 1151560302 42.01 10/11/2007 1151564692 42.01 10/18/2007 1151569088 42.01 10/25/2007 1151573427 42.01 sub 1009 168.04 TOTAL 1009 378.09 4089 8/30/2007 1151538298 32.71 sub 4089 32.71 9/6/2007 1151542706 32.71 9/13/2007 1151547117 32.71 9/20/2007 1151551542 32.71 sub 4089 65.42 10/4/2007 1151560320 32.71 10/11/2007 1151564712 32.71 10/18/2007 1151569105 32.71 sub 4089 98.13 TOTAL 4089 196.26 7176 8/28/2007 1151536467 18.60 sub 7176 18.60 9/4/2007 1151540888 18.60 9/11/2007 1151545302 13.44 9/18/2007 1151549715 13.44 9/25/2007 1151554106 13.44 sub 7176 58.92 10/2/2007 1151558503 13.44 10/9/2007 1151562880 13.44 10/16/2007 1151567283 13.44 10/23/2007 1151571626 13.44 10/30/2007 1151575982 13.44 sub 7176 67.20 TOTAL 7176 144.72 7190 8/28/2007 1151536474 22.40 sub 7190 22.40 9/4/2007 1151540895 22.40 9/11/2007 1151545309 22.40 9/18/2007 1151549722 22.40 sub 7190 67.20 10/2/2007 1151558510 22.40 10/9/2007 1151562886 22.40 10/16/2007 1151567289 22.40 10/23/2007 1151571632 22.40 10/30/2007 1151575988 22.40 sub 7190 112.00 TOTAL 7190 201.60 7194 8/30/2007 1151538294 7.17 sub 7194 7.17 9/6/2007 1151542704 7.17 Page 1 of 3 G & K FINAL INVOICE SUMMARY Date Invoice Amount 9/13/2007 1151547114 7.17 9/20/2007 1151551540 7.17 sub 7194 21.51 10/4/2007 1151560318 7.17 10/11/2007 1151564709 7.17 10/18/2007 1151569103 7.17 10/25/2007 1151573444 7.17 sub 7194 28.68 TOTAL 7194 57.36 7824 8/28/2007 1151536465 38.08 sub 7824 38.08 9/4/2007 1151540886 38.08 9/11/2007 1151545300 38.08 9/18/2007 1151549713 38.08 9/25/2007 1151554104 38.08 sub 7824 152.32 10/2/2007 1151558501 38.08 10/9/2007 1151562878 38.08 10/16/2007 1151567281 38.08 10/23/2007 1151571624 38.08 10/30/2007 1151575980 38.08 sub 7824 190.4 TOTAL 7824 380.80 7827 8/28/2007 1151536476 22.61 sub 7827 22.61 9/4/2007 1151540897 22.61 9/11/2007 1151545311 22.61 9/18/2007 1151549724 22.61 9/25/2007 11 51 55411 5 22.61 sub 7827 90.44 10/2/2007 1151558512 22.61 10/9/2007 1151562888 22.61 10/16/2007 1151567291 22.61 10/23/2007 1151571634 22.61 10/30/2007 1151575990 22.61 sub 7827 113.05 TOTAL 7827 226.10 7837 8/30/2007 1151538292 40.87 sub 7837 40.87 9/6/2007 1151542702 40.87 9/13/2007 1151547112 40.87 9/20/2007 1151551538 40.87 9/27/2007 1151555932 40.87 sub 7837 163.48 10/4/2007 1151560316 40.87 10/11/2007 1151564707 40.87 10/18/2007 1151569101 40.87 10/25/2007 1151573442 40.87 sub 7837 163.48 TOTAL 7837 367.83 22090 8/28/2007 1151536499 13.44 sub 22090 13.44 9/4/2007 1151540923 13.44 9/11/2007 1151545335 13.44 9/18/2007 1151549751 13.44 9/25/2007 1151554139 13.44 Page 2 of 3 G & K FINAL INVOICE SUMMARY Date Invoice Amount sub 22090 53.76 10/2/2007 1151558539 13.44 10/9/2007 1151562912 13.44 10/16/2007 1151567318 13.44 10/23/2007 1151571659 13.44 sub 22090 53.76 TOTAL 22090 120.96 52035 8/28/2007 1151536464 1 03.72 sub 52035 1 03.72 9/4/2007 1151540885 1 03.72 9/11/2007 1151545299 1 03.72 9/18/2007 1151549712 1 03.72 9/25/2007 1151554103 1 03.72 sub 52035 414.88 10/2/2007 1151558500 1 03.72 10/9/2007 1151562877 1 03.72 10/16/2007 1151567280 1 03.72 10/23/2007 1151571623 1 03.72 10/30/2007 1151575979 1 03.72 sub 52035 518.60 TOTAL 52035 1037.20 52036 8/30/2007 1151538293 117.18 sub 52036 117.18 9/6/2007 1151542703 117.18 9/13/2007 1151547113 117.18 9/20/2007 1151551539 117.18 9/27/2007 1151555933 117.18 sub 52036 468.72 10/4/2007 1151560317 117.18 10/11/2007 1151564708 117.18 10/18/2007 1151569102 117.18 10/25/2007 1151573443 117.18 sub 52036 468.72 TOTAL 52036 $1,054.62 52037 8/28/2007 1151536475 35.84 sub 52037 35.84 9/4/2007 1151540896 35.84 9/11/2007 1151545310 35.84 9/18/2007 1151549723 35.84 9/25/2007 11 51 55411 4 35.84 sub 52037 143.36 10/2/2007 1151558511 35.84 10/9/2007 1151562887 35.84 10/16/2007 1151567290 36.84 10/23/2007 1151571633 26.88 10/30/2007 1151575989 26.88 52037 162.28 TOTAL 52037 341 .48 FINAL TOTAL 4,507.02 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: I J -. J g - 0 '7 Division: TECHNICAL SERVICES Bulk Item: Yes ..x.. No Department: TECHNICAL SERVICES Staff Contact Person/Phone #: Vicki Yaklevich . 295-5118 AGENDA ITEM WORDING: Approval of Proposal #MLA VIKWUl by Audio Visual Innovations to upgrade video and audio broadcast equipment for MCTV in the Key West BOCC Chambers and the MCTV Broadcast Studio at the Harvey Government Center. ITEM BACKGROUND: MCTV currently broadcasts all public meetings held in the Harvey Gov't Center using outdated analog video equipment which is no longer covered under warranty. A failure of any of the existing equipment would require a long-term outage. Furthermore, with the addition of requirements for ADA compliance, the existing mixer does not provide sufficient inputs to allow for the broadcast of both a speaker and a signer for the deaf simultaneously while maintaining a view of the BOCC dais as the main background. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Purchase of new upgraded equipment. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $66.799.67 BUDGETED: Yes ~ No COST TO COUNTY: $66.799.67 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_Year APPROVED BY: County Atty _ ~urChaSing _ Risk Management_ Not Required_ DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # Revised 11/06 MCTV Key West AudioNisual Equipment Upgrade Technical Services Monroe County BOCC November 19, 2007 Background Information Currently, Monroe County broadcasts Monroe County Television (MCTV) via Comcast channel 76 and the Internet to the residents of Monroe County and beyond. There are three BOCC meeting rooms from where meetings are broadcast: Key West, Marathon and Key Largo. This agenda item concerns the audio visual equipment located at the BOCC meeting room in the Harvey Government Center in Key West. Our current equipment at the broadcast facility in Key West is very old. This equipment has been in use since 1992 when the studio was last upgraded. The current video mixing board that we use to combine the signals from the various cameras in the meeting room and the audio from the microphones to broadcast on the air is 15 years old and out of warranty. A failure of this center piece of our broadcast facility in Key West during a BOCC meeting would prevent the public from viewing the proceedings via channel 76 or the internet. Furthermore, at the July 2007 BOCC meeting, the County received a request to have a portion of the meeting broadcast with signing for the deaf. This required us to use our only "picture in picture" (PIP) frame for the signer and the main screen was then focused typically on the speakers. We received several complaints from viewers who missed seeing the view of the entire Commission as people were speaking in front of them. The current video mixer has only 4 inputs and 1 PIP frame. The new equipment will provide for a minimum of 8 inputs and has multiple PIP frame capability. This will enable us to provide services for the deaf and maintain the usual broadcast format of BOCC meetings that our viewers have come to expect. Finally, the new equipment will provide much better on-screen graphics. This will allow us to identify staff, commissioners, and other speakers who come before the BOCC to our audience as well as provide for additional titles to use during special presentations such as Employee service awards, etc. These and other digital capabilities will keep our equipment current for several years to come. Proposed Equipment The proposal calls for the replacement of our CRT televisions with 4 LCD monitors and tuners mounted in the ceiling near their present locations. These monitors will provide the audience with a better view of presentations or other content that is normally projected to the side of the dais when a presentation is made before the Commission. These monitors are 75% larger and more visually aesthetic than the existing 27-inch CRT screens. The audio subsystem will be replaced as well. 16 new speakers will be installed throughout the chamber to provide better sound distribution. 13 new digital microphones will be installed, 10 will replace the fixed microphones at each Commissioner and Staff location, a new lectern microphone will be provided for the speakers, a new wireless microphone will be used for special award presentations, and a new wireless lavaliere microphone will be available as well. These microphones will be wired to a new 16 input digital audio dsp/mixer/amplifier combination that will provide the audio feeds for on-air broadcasts and our digital archiving systems. The video mixing and editing equipment will be replaced as well. A new Crestron video mixer with a minimum of 8 inputs and multi-PIP capability will be installed to control 4 new Sony Pan- Tilt-Zoom cameras which provide the camera angles used in our broadcasts. There will also be a new Crestron Touchpanel control system which will provide touch capabilities to control camera angles, zoom, etc for the Sony cameras as their signals are fed into the video mixer. Staff Recommendation Technical Services recommends that the Monroe County Board of County Commissioners approve Proposal #MLA VIKWU1 by Audio Visual Innovations to upgrade video broadcast equipment for MCTV in the Key West MCTV Studio at the Harvey Government Center. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Audio Visual Innovations Contract # Effective Date: Expiration Date: MLA VIKWU1 12/19/07 N/A Contract Purpose/Description: A rovalofPro osa1 #MLA VIKWUl from Audio Visual Innovations to u ade video and audio broadcast e ui ment in the Ke West BOCC Chambers/MCTV Broadcast Studio at the Harvey Government Center. Contract Manager: Lisa Druckemiller (Name) 5100 (Ext. ) Technical Services/5B (Department/Stop #) for BOCC meetin on 12/19/07 Agenda Deadline: 12/: 7 CONTRACT COSTS Total Dollar Value of Contract: $ 66,799.67 Budgeted? YeslZl No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 66,799.67 001-05002-530-410-_ - - - - ----- - - - - ----- - - ----- Estimated Ongoing Costs: $ Q/yr (Not included in dollar value above) ADDITIONAL COSTS For: MCTV equipment upgrade in KW (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes ~ Needed ~.. evicf;t"'(: YesD NoffiA--- ----.t2 e. lOll Date Out Division Director Risk Management YesD NoD cfitB.lPurchasing 1'-2~ -07 Y esD NO~ ~~ County Attorney _ YesD NoD J1~.~(1Q~ (j)JvOn'ciY; Comments: OMB Form Revised 2/27/0 I MCP #2 PROPOSAL SUMMARY €@ Audio Visual . Innovations ~;.\ J '.'~ - r,y :i.r--.1 ~t'~irL Prepared for: Monroe County Florida Key West, FL 33040 Prepared By: Martin A. Lois Date Prepared: November 2, 2007 Proposal #: MLAVIKWU1 Project Name: Key West Upgrade TOTAL EQUIPMENT COST includes cable, connectors, hardware, switches. relays, terminal blocks, paneis, etc., to insure a complete and operational system. $45,231.43 LABOR Including ail on-site installation and Wiring, coordination and SUP6rYlsion, testing, checKout, Owner training, etc. penormed On the Owner's premises. Aso includes all fabrication. modification, assembly, racK Wiring. programming, etc., some penormed at AV contractor's p'emises. May include design drawings, run sheets, instruction manuals. programming, etc. If reqUired. $20,568.24 I TRAVEL Includes per diem, hotelS, air fare, and other travel related expenses, $0.00 GENERAL AND ADMINISTRATIVE including all G & A expenses: Clerical, bonds, sh,pping, insurance and warranties. $0.00 SU STOT AL $65,799.67 WARRANTY Nnety days parts and labor, eXClusive from manufacturer warranties. Included TAXES GRAND TOTAL TERMS $0.00 $65.799.67 PO REQUIRED SCOPE OF WORK Please referance (1) Desoto County School Board Bid #SBDC0708-3 Panasonic 30% Discount (2) Seminole County School Board Bid #1030S0 AVI Catalog 21% Discount - Samsung 21% Discount- Sharp 21% Discount - Renkus Heinz 15% Discount - Audio Technica 40% Discount - Biamp 32% Discount - Crown 40% Discount (3) GSA COr'tact # GS-03F-4082B Panasonic (4) Extron - Crestron - AVI GSA Contract #GS-03F-0037M -(5) Broward County School Board Bid #2S-105R Extron 1S% Discount - (8) Broward County School Board Bid #26-069N Vaddio 15% Discount- Shure 21 % Discount - Clearone 24% Discount (9) Hernando County 01-480-09 Labor $6S.00/hour Programming $85.00/hour Engineering $8S.00/hour Not included: Structural, ceiling, millwork, or AC/heat modifications, HV electrical or conduit. Proposal valid for 60 days. This Entire Document and all information enclosed Including drawings, specifications and designs is the property of Audio Visuallnnovatiof1s (AVI). Proprietary information p"ovided to our client or his agents is for the sole purpose of demonstrating AVI's capabilities and shall be held in confidence. These Materials may f10t be copied, distnbuted or disclosed in any way without the sole written permission of an authorized representative of AVI. Martin A Lois Sales Engineer Customer Signature Print Date Phone: (954) 938-9382 Fax: 954 776-4772 EXTENDED WARRANTY SCHEDULE For new equipment only Prepared for: Monroe County Florida Key West, FL 33040 ! W = Audio Visual &, I Innovations :~,';;::( :~;,;'1 ~.r:d He;in: Prepared By: Martin A. Lois Date Prepared: November 2,2007 Proposal #; SC MLAVIKWU1 Project Name: Key West Upgrade BASIC WARRANTY Ninety days Parts and Labor plus manufacturer's warranties on individual items of equipment. Customer is responsible for performing service required to keep the manufacturer's warranty intact. Included 1st YEAR WARRANTY & PREVENTATIVE MAINTENANCE Full system warranty coverage 2nd YEAR PREVENTATIVE MAINTENANCE Does not include warranty for malfunctioning equipment $5,500.00 $7,150.00 By signing the appropriate space above, customer agrees to purchase the applicable extended warranty. Tax not included. PREVENTATIVE MAINTENANCE PLAN Clean and inspect all surfaces, electrical and signal connections. etc. Clean, inspect and lubricate (as required) all VCRs, audio cassette player/recorders, dubbing machines, DVD players, CD players, DAT players and cameras. Clean, inspect, lubricate, and perform any optical, mechanical and electrical alignments/adjustments required to optimize image quality from projection system. Complete a Projector Status Card for each r 'ector. Perform complete system checkout. Test every user function available to customer under remote or direct control. Select and re-select projector sources testing multiple resolutions with each source as a licable. Perform a system walk-thru with client representative, Demonstrate system cleanliness and erformance. Additional train in session for the ear Yes Yes Yes Yes Yes NO 4 Unlimited 2 Consumables such as lamps & filter replacement not included Additional SERVICE PLANS available upon request Phone: 954 938-9382 Fax: 954 776-4772 This Entire Document and all information enclosed including drawings, specifications and designs is the property of Audio Visual Innovations (AVI}. Propnetary inform at on provided to our client or nis agents is for the sole purpose of demonstratil1g AVl's capabilities and shall be held in ,confidence. These rli1aterials may not be copied, distnbuted or disclosed in any way without the soie written permission of an authorized representative of AVl, EQUIPMENT LIST Prepared for: Monroe County Florida Key West, FL 33040 ~ Audio Visual I Innovations .:>;.1..1--,'"'' Prepared By: Martin A. Lois Date Prepared: November 2, 2007 Proposal #: MLAVIKWU1 Project Name: Key West Upgrade 34 2 Clearone 36 10 Shure 37 1 Shure 38 1 Shure 39 Shure 40 1 Shure 41 1 Biamp 42 1 asc 44 B JBL 45 8 JBL 910155001 Audio DSP Processor (B) MX418DIC Push to Talk Microphone (8) MX418SS Gooseneck Lectern Microphone (B) ULXS245BM1 Wireless Handheld Microphone (B) $1,633.24 $3,266.48 $315,20 $3,152.00 $26B.00 $268.00 $787.50 $7B7,50 $7B6.44 $786.44 $24.54 $24.54 $583.44 $5B3.44 $1,390.40 $1,390.40 $97,17 $777.36 $116.00 $928.00 ULXS1484M1 Wireless Lavalier Microphone (B) UA507 MXA 150 CX108V Control23CT Control26CT Rack Mount Kit (8) Power Amplifier (2) Multi Channel Amplifier (2) Fold Back Speakers (2) Cening Mounted Speaker (2) CONTROL SYSTEM 49 1 Crestron PR02 Central Controller (4) $2,083.50 $2,083.50 50 2 Crestron C2COM3 RS232 Input Module (4) $405.12 $810.24 51 1 Crestron CNTBLOCK Network Block (4) $98.38 $9B.38 52 1 Crestron PW2420RU Power Supply (4) $155.68 $155.68 53 4 Crestron IRP2 IR Emitter (4) $28.93 $115,72 54 1 Crestron TPS12B 12" Rack Mount Touchpanel (4) $3,935.50 $3,935.50 55 1 Crest ran TPS2000L Mini Touchpanel (4) $1,099.62 $1,099.62 56 1 Crestron TPMC8X Wireless WiFi Panel (4) $2,199.25 $2,199,25 57 1 Crestron TPMC8XDS Docking Station (4) $289.37 $289.37 58 1 Crestron C2ENET1 Ethernet Card (4) $520.87 $520.87 59 2 AVI CUSTOM WiFl Access Point $157,14 $314.28 BROADCAST CAMERA SYSTEM 63 4 Sony SNC-RZ50N Pan Tilt Zoom Camera (2) $1,817.00 $7,268.00 64 4 Vaddio 535-2000-213 Mounts $3B.71 $154.84 LOT AVI Custom Miscellaneous Materials $2,500.00 $2,500.00 TOTAL EQUIPMENT & MATERIALS $45.231.43 This Entire Document and all information enclosed including drawings, specifications and designs is the property of Audio Visual Innovations (AVI). Proprietary information provided to our client or his agents is for the sole purpose of demonstrating AVl's capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 12/19/07 DIVISION: COUNTY ADMINISTRATOR DEPARTMENT: AIRPORTS BULK ITEM: YES STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Republic Parking System operating budget for the period of November 1, 2007, through October 31 , 2008, for Parking Lot management at the Key West International Air[port. ITEM BACKGROUND: The Republic agreement requires that the County Commission approve the operating budget each year. This budget reflects a decrease of $6,419.60. The previous years budget was revised to cover costs for staff recruitment, hiring, training, and associated travel for the district manager. Republic does not anticipate added costs for these tasks, and has decreased this years budget accordingly. Projected revenue for the period is $234,000.00. Operating under adverse conditions due to the construction of the new terminal building, Republic revenue for the previous budget period was $205,213.60. PREVIOUS RELEVANT BOCC ACTION: Approval of Republic operating budget, 11/15/06. Approval of revised operating budget 8/15107. CONTRACT/AGREEMENT CHANGES: New budget STAFF RECOMMENDATION; Approval TOTAL COST: $147,763.40 COST TO AIRPORT: $147,763.40 COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: Yes BUDGETED: Yes SOURCE OF FUNDS: Airport revenue/operating budget AMOUNT PER YEAR; $234,000.00 - projected APPROVED BY: County Attorney nla OMB/Purchasing n/a Risk Management n/a DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 November 1, 2007 - October 31, 2008 Proiected Revenue $ 234,000.00 Ooerator's Fee Management Fee @ $1,250.00 per month $15,000.00 Data Processing Fee @ $400.00 per month $4,800.00 Incentive Fee @ 2.5% of projected gross $5,850.00 SUB-TOTAL $25,650.00 OPERA1'ING EXPENSES Payroll Expenses: Salary and Wages $81,320.00 Payroll Tax @ 9% $7,318.80 Worker's Compo @ 4.47% $3,635.00 Overtime and Training $2,439.60 Recruiting Expense $ 850.00 Health Insurance (Mgr. only) $ 3,564.00 SUB-TOTAL $99,127.40 General Expenses: Telephone $ 1,350.00 Postage $ 1,200.00 Equi pment Repai rs $ 3,000.00 Uniforms $ 900.00 Travel $ 6,000.00 Tickets/Supplies - General $ 4,500.00 Insurance-Li ability $ 2,711.00 Cell Phone $ 175.00 Off-Site Storage $ 800.00 Gas Allowance $ 600.00 Non-Budgeted Expenses $ 1,750.00 SUB-TOTAL $ 22,986.00 TOTAL OPERATING BUDGET $147,763.40 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 12/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of URS Purchase Service Order, for the Marathon Airport ALP Update/Noise Assessment Narrative Report. ITEM BACKGROUND: These services are eligible for Federal Aviation Administration, and Passenger Facility Charge funding. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC # 13, to the Federal Aviation Administration, 3/21/07. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval TOTAL COST: $102,250.00 COST TO AIRPORT: None COST TO PFC: $5,112.50 COST TO COUNTY: None BUDGETED: Yes SOURCE OF FUNDS: FAA & PFC Revenue REVENUE PRODUCING: NO AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 365 days Contract Purpose/Description: Marathon Airport ALP Update/Noise Assessment/Narrative Report Contract Manager: Bevette Moore (name) # 5195 (Ext. ) Airports - Stop # 5 (Department/ Stop) for BOCC meeting on: 12/19107 Agenda Deadline: 12/4107 CONTRACT COSTS Total Dollar Value of Contract: $102,250.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue I Estimated Ongoing Costs: n/a (not included in dollar value above) Current Year Portion: - 95,000.00 Account Codes: 403-63565-GAMA62 I ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed Yes No Airports Director 1 1 --- ) ~) ) (/ ) ( --1' ) ( ) Risk Manage~ent ~i ;}-13.J -i) ") ~C ~ ~'Y' o. AAJ3 .IPurchasing 1.2_-./...J!.j ~ County Attorney _/~- Comments: Reviewer Date Out m~n ~. C2"2-~ lo 0 ~~ ~ ,j~ County Attorney J2/.J);YSD ~-6-/~ ) rg~d!- /~ 1-'iJ-4 REceiVED DEe 0 5 Z007 AIRpORT ADMINK1- PURCHASE I SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 07/08-01 Re: PSA Agreement, Dated: 1-1-02 Resolution Project Name: MTH - ALP Update/ Noise AssessmentlNarrative Report Description of Services: (SEE ATTACHED SCOPE OF SERVICES) Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 365 Fee this Service Order $102.250.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Recommended b ~ /~ Milford A. Reisert Date: /~- z- 0/ Date: Accepted by: Approved by: Date: f:'-c t- aCT 0 4 2007 ILt<-!f' I ~ ~1. U :IAAA-ReceptionistIPSOI07 -()8IPSO-()7 -08-0 I.doc SCOPE OF SERVICES AND FEE ESTIMATE FLORIDA KEYS MARATHON AIRPORT ALTERNATIVE AIRFIELD PLANNING ANALYSIS NOISE IMPACT ASSESSMENT UPDATE OF AIRPORT LAYOUT PLAN DEVELOPMENT OF ALP NARRATIVE REPORT August 13, 2007 PURPOSE AND NEED FOR ALTERNATIVE AIRFIELD PLANNING This Scope of Work describes the immediate need for and proposed actions required to update the current Airport Layout Plan (ALP) for the Florida Keys Marathon Airport (MTH). Monroe County proposes to utilize existing paved areas located beyond each end of Runway 7-25 at MTH to satisfy runway take-off length requirements of Regional Jet aircraft that are currently operated by Delta Airlines at MTH. At its current length of 5,008, the runway length imposes payload carrying restrictions upon the airport's single air carrier during the hottest months of the year thereby requiring the limitation of passenger and baggage. These payload restrictions severely limit the economic viability of Delta's scheduled service to the air traveling public at MTH. The extension of the runway at both ends 400 feet to the southwest and 400 feet to the northe~ respectively are proposed to provide a take-off runway lengths needed to ~ eliminate most, if not"payload restrictions currently imposed upon Delta Airlines and its affiliates when operating at MTH. To provide the required 1,000 feet of Runway Safety Area beyond the departure end of the runway, the use of FAA Declared Distance Criteria will be required. Accordingly, the last 120 feet of the extended runway length at runway's northeast end of the runway must be used for the Departure Runway Safety Area that restricts the Accelerated Stop Distance Available and Landing Distance Available to 5,688 feet. The proposed airfield development and operational alternatives proposed by Monroe County that will be needed to accommodate air carrier operations at MTH will be depicted on the ALP and described within the ALP Narrative Report. Where require for informational or FAA review and approval purposes, the Narrative Report will explain applicable changes to airfield geometry, FAR. Part 77 Imaginary Airspace Surfaces and TERPS. Where applicable FAA airfield design criteria can not be fully satisfied, the Narrative Report will describe event-specific operational controls proposed by the Airport Sponsor to preClude the movement of aircraft at MTH the during landing take-off or taxiing operations by air carrier aircraft. As currently approved and on file at the FAA's Orlando Airports District Office, the ALP does not reflect the following: . Operations by air carriers operating under FAR 121, . Proposed event-specific operational controls by Airport Sponsor during air carrier operations, . Modification to FAA design standards for 200-foot runway-to-taxiway centerline separation, . Proposed use of paved areas beyond each end of Runway 7-25 for takeoffs and landings, . Application of 400-foor wide AR~ "Q-II" Runway Safety Area, . Potential closure of the airfield'~ parallel taxilane, and . Potential construction of an extension of Taxiway Alpha as an end-around taxiway to access the existing shade hangers located within the north~ quadrant of the airport. I;:.H.,- C:\DOCUME-1IMIL_RE-l.RD2ILOCALS-1ITemplnote.C7A6DC\MTH SOS ALP Up~te and Alrf/led Alternative Evalautlon o81307.docFlorida Keys Marathon Airport ALP Update and Narrative Report Task 1 UPDATE AIRPORT GEOMETRIC ASSOCIATED WITH EXTENSION OF AND THRESHOLD RUNWY 7-25 SITING REQUIREMENTS 1.1 Geometric and Design Requirements The proposed extension of Runway 7-25 will be assessed using the FAA's Standard airport design geometric requirement. 1.2 Conduct Runway Threshold Siting Assessment and FAR Part 77 I TERPS Assessment The proposed extension of Runway 7-25 will be assessed using FAA's Threshold Siting Criteria Standard and airspace protection criteria. Where appropriate, TERPS, 40:1 Departure Surface, FAR Part 77 Imaginary Surfaces and 62.5:1 One-engine Out Identification Surfaces will be analyzed for compatibility or potential impacts. Task 2 CONDUCT NOISE IMPACT ASSESSMENT AND LETTER REPORT To assess the potential adverse noise impacts directly associated with the proposed extension of Runway 7-25 to the northeast and southwest, a noise impact assessment study and Letter Report will be conducted. The Noise Assessment conducted will be limited to the assessment of noise exposure levels that would be directly associated with the proposed extension of the runway. The Noise Impact Assessment will compare a maximum of two future proposed runway extension alternatives each having the proposed take-off location beginning at the (extended) physical end of the runway, one alternative having different landing locations based on the possibility that airspace or TERPS protection issue required keeping the existing landing threshold unchanged. Using the FAA's Integrated Noise Model (INM) Version 7.0 and following FAA Order 1050.1 E, Appendix A, Section 14.3, Day/Night Noise Exposure Levels (DNL) will be modeled to assess whether the proposed extension of Runway 7-25 (Proposed Action) would generate increased DNL noise exposure levels that exceed the Threshold of Significance for noise impacts. The Threshold of Significance is 1.5 dBA or greater increase in noise at any noise-sensitive area within the 65 dBA DNL contour when compared to the "No-Action" development alternative. Following FAA's guidance provided in 1050.1 E and the recommendations of the 1992 Federal Interagency Committee on Noise (FICON), noise sensitive areas between 60 and 65 dBA DNL will be evaluated with the INM for increases of 3.0 dBA or greater relative to the future No-Action Alternative if an increase of 1.5 dBA occurs at any noise-sensitive area within the 65 dBA DNL. 2.1 Develop Existing Conditions Aircraft DNL Contours and Noise Exposure Estimates DNL contours will be developed in increments of 60, 65, 70, and 75 DNL for the average annual day. The noise contour compatibility analysis in terms of land use types, housing, and population will be performed based on the 65 DNL and higher noise exposure contours. If required, the same assessment will be developed for land areas located within the 60 DNL contour. The 60, 65, 70 and 75 dBA DNL contours will be incorporated into the GIS mapping. Utilizing the data in the GIS, the noise exposure in terms of housing units, population per household and area by land use type will be estimated within the 60, 65, 70 and 75 dBA DNL contour ranges as part of this task. Tables will be prepared summarizing the noise exposure in terms of area by land use type, housing units and population. Graphics will be prepared showing the noise contours superimposed over the GIS base mapping. C:\OOCUME-l\Mll.RE-1.R02\lOCAlS-l\TemplnoteIC7A60CIMTH sos AlP Up~te and Alrflled Alternative Evalautlon 081307.docFlorida Keys Marathon Airport ALP Update and Narrative Report 2.2 Assessment of Noise Impacts for Proposed Action Using DNL Difference Contours Using INM-generated DNL difference contours denoting increases of 1.5 DNL dBA within land areas previously exposed to DNL levels of 65 or higher, or 3 DNL dBA Data points 3.0 dBA or greater relative to the future No-Action Alternative if an increase of 1.5 dBA occurs at any noise-sensitive area within the 65 dBA DNL, the DNL Difference Contours will assess noise sensitive land uses that include residential use, schools, churches, historic propertiesldistricts, and other noise sensitive areas defined by FAA Order 5050.4B Section 1.9.n. A table summarizing any finding of increased DNL noise exposure levels between the existing condition (No Action) and the proposed extension of the runway (Proposed Action) will be prepared. A graphic will be prepared illustrating the location of the noise-sensitive sites included in the DNL Noise Impact Assessment. 2.3 Development of Letter Report Upon completion of the Noise Impact Assessment a Letter Report will be developed that contains text, tables and graphical mapping that conveys the technical findings of the Noise Impact Assessment. The Letter report will contain all necessary information typically used by the FAA in determining the potential for adverse noise impacts to surround land areas that would be directly associated with the proposed extension of Runway 7-25. Task 3 UPDATE ENTIRE ALP DRAWING SET TO REFELECT PROPOSED CHANGES TO RUNWAY 7-25 Based on Monroe County's proposed use of the paved areas located beyond each end of the runway to accommodate air carrier operations at MTH, the ALP Drawing Set would be updated to reflect the following: . Use of 100-foot wide by 400-foot long paved asphalt areas located beyond the departure end of Runway 25 for takeoff and landing operations, . Use of 100-foot wide by 280-foot long paved asphalt area located beyond the departure end of Runway 7 for takeoff and landing operations, . Use of Airport Reference Code (ARC) "C-II" Runway Safety Area design criteria having a 400-foot width and extending 1,000 feet beyond the (newly established) runway ends, . Relocation of Precision Approach Path Indicators (PAPls), . Removal of all painted chevron markings beyond the departure end of Runway 25 and 280 feet of same beyond the departure end of Runway 7, · Remarking and re-lighting of Runway 7-25 as appropriate, . Relocation of Runway Protection Zones, . Update of Runway end elevations and geodetic data, and . Update of Airport Reference Point (ARP). . Other updates to the ALP drawing set will include, but would not be limited to the following: . Potential closure of the airfield's west parallel taxilane, . Potential construction of an extension of Taxiway Alpha as an end-around taxiway to access the existing shade hangers located within the northwest quadrant of the airport, . Update of airport facilities, building layouts and airfield I apron pavements. . Notation that No Threshold Siting Surface issues exist, and . Notation that No adverse TERPS, 40:1 Departure Surface or 62.5:1 OEI Identification Surface issues exist. C:\DOCUME-11MIL_RE-1.RD2\LOCALS-1\TemplnoleIC7A6DC\MTH SOS ALP UP4ilte and AlrfUod Allemall... Evalaullon 0813111.docFlorida Keys Marathon Airport ALP Update and Narrative Report Specifically, the following drawings would be updated and revised as needed: . ALP Drawing Set Cover . Airport Layout Plan . Inner Approach and Profile - Runway 7 . Inner Approach and Profile - Runway 25 . Building Area Plan 1 . Building Area Plan 2 . Building Area Plan 3 . On-Airport Property Land Use Map . Airport Property Map In addition, four additional drawings will be developed: . Departure Surface Plan and Profile - Runway 7 . Departure Surface Plan and Profile - Runway 25 . OEI Surface Plan and Profile - Runway 7 . OEI Surface Plan and Profile - Runway 25 Task 4 DEVELEOP DRAFT ALP DRAWING UPDATE AND NARRATIVE REPORT FOR REVIEW/COMMENT In support of the ALP Update and alternative runway length considerations, an ALP Update Narrative Report will be developed for the purpose of explaining the purpose and need for the proposed utilization of the paved areas beyond each runway end to expedite the FAA's review of the proposed Modifications to Airport Design Standards. A limited number of technical and color graphic depictions of the proposed relocation of the runway ends and its direct affects andlor impacts will be developed for inclusion within the ALP Update Narrative Report. URS will present the draft update of the Airport Layout Plan drawing and supporting ALP Update Narrative Report to Monroe County for review and comment. The updated ALP drawing and an ALP Update Narrative Report will be modified, clarified or amended as directed for finalization and Monroe County's subsequent submittal to the FAA ADO. Task 5 PREPARE APPROPRIATE FAA FORMS FOR AIRPORT SPONSOR SUBMITTAL URS will develop FAA Forms 7460-1, Notice of Proposed Construction or Alternation and 74BO-1, Notice of Landing Area Proposal as appropriate to provide details regarding the proposed relocation of runway ends. New geodetic coordinates will be developed for each relocated runway end using the NADB3 and NAVDBB for the horizontal and vertical datums respectively. The FAA Form(s) will be assembled for Monroe County's submittal to the FAA ADO. Task 6 PREPARE DRAFT ALP DRAWING SET / NARRATIVE REPORT FOR FAA FOR REVIEW/COMMENT URS will prepare the final update of the Airport Layout Plan Drawing Set and supporting Narrative Report and transmit a packaged set of deliverables to Monroe County for their submittal to FAA ADO. C:\DOCUME-1IMIL_RE-1.RD2\LOCALS-1\TemplnolesC7A6DCIMTH SOS ALP up"te and Airflled Allernallve Evalaullon 081307.dOcFlorida Keys Marathon Airport ALP Update and Narrative Report Task 7 PREPARE FINAL ALP DRAWING SET UPDATE / NARRATIVE REPORT Upon review and acceptance of the proposed Airport Layout Plan Drawing Set and supporting Narrative Report, L1RS will make any final changes as directed by Monroe County in response to FAA comments. A total of eight (8) copies of the final Airport Layout Plan drawing and supporting ALP Update Narrative Report will be transmitted to Monroe County. It is anticipated that the FAA will require six (6) copies of the ALP and Narrative Report. Task 8 FAA / CLIENT COORDINATION This Task involves URS's assistance to THE Airport Owner (Monroe County) when presenting or discussing technical issues relating to the proposed update of MTH ALP Drawing Set. At the request and/or direction of the County, URS will attend one (1) meeting at the Federal Aviation Administration's Orlando Airports District Office in Orlando, Florida. One (1) site visit and meeting at the airport will also be scheduled to collect update information and to document recent airport developments not previously shown in the ALP drawing. Task 9 ENGINEERING COORDINATION This Task involves the required coordination between the Airport Owner (Monroe County), the Consultant (URS) and the Sub Consultant performing geotechnical testing services. URS will review the Geotechnical Tests and Sub Consultant's recommendations Task 10 GEOTECHNICAL TESTS This Task involves the use of a Sub Consultant to perform geotechnical testing services to evaluate the conditions of the existing pavement strengths and capacities. The testing will measure the resistance (Capacity) of the existing overrun pavements beyond each end of Runway 7-25. C:IOOCUME-1IMIL_RE-1.R021LOCALS-1ITemplnote.C7A60CIMTH SOS ALP UP6'e and Alrflled Alternallve Evalaullon Oa13rI1.docFlorida Keys Marathon Airport ALP Update and Narrative Report ti 0 Q. W a: w > ~ ti a: ~ <{ a: z < w - !;{ I- Z Z 0 ::; w ::; ~ ti 9 CIl CIl a: w CIl 00 w <{ a: a: ::J CIl ::; => => <{ CIl 0 ~ <{ CIl I ~ > W W Z CIl ~ ~ 5 <{ z 0 - if w 0 !;{ ..J 0 u. 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Infrastructure November 9, 2007 07-3001 Ms. Bevette Moore County of Monroe, Florida Key West International Airport 3491 S. Roosevelt Blvd. Key West, Florida 33040 Sent via e-mail Reference: Independent Fee Estimate - Florida Keys Marathon Airport Alternative Airfield Planning Analysis, Noise Impact Assessment, Update of Airport Layout Plan, and Development of ALP Narrative Report Dear Ms. Moore: We have performed an independent fee estimate for professional services associated with the above referenced project at the Florida Keys Marathon Airport. The independent estimate is based on the scope of work narrative and pro-forma fee proposal format provided by your consultant (URS Corp.). We have submitted a breakdown of the labor-hour estimates, and other costs (including travel, production and out-of-pocket expenses) for your review. Based on the estimates prepared, our independent estimate of the professional services fees and out-of-pocket expenses for Tasks 1 - 10 in the scope of services is $101,000.00. Our analysis provides one approach to completing the scope of work for the project. Your consultant's hourly rates may vary based on level of expertise and associated salaries for each labor category. We would recommend that you not compare fees for each subtask but compare the overall fee calculated for the project. Should our independent estimate be substantially different from your consultants (greater/lesser than 10%), we will need to ascertain additional details of the project. Please feel free to contact me at (407) 539-7030, extension 15 at your convenience to discuss this independent estimate. We have enjoyed this opportunity to provide services to Monroe County. Yours very truly, J,{(lntf-j gettf-jS Monty Gettys President Enclosures: Independent Estimate (l page) 341 N. 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N ,.... ~.. ...................... - .' == y .. l'.! .~~s...."''''''''''''''''$!....o;:r; a.a:;x: --- -" lJl 11l f- '0 a ~ "'- .~ ~ .... z ~ ffi j ~:z;;!~ l'! 5~~~ z cr - - ? ~ 0 ~ ~ a! il! .... - :> 5...[3~~~ rJl Ocr!.? 0 ....I il!lr~~!2~ ~ ~il!<.lli:~crli: 0 ~ffifillr~2~ 3 9~~~~1i:~ rJl ~c~~,2""Jo C'!1" lJl ~ Q. .... ~ II! ~ :- ~!ZB~~~i ~ ~~$:iii~ ~ ~~cr~o~1!! . ~~~I;j~~~t"'~ w wcnu..~~i=~C! ~~i~~~~~~~ ,,::li-~ircr~cr!!lUl ~~~~~t~~~; ~ 2 Q. ~ ~ ~ ~ !Z ~ ~ ~....~l5!l1il!il!!!!ffii3 ~~~....~i!l~if~~~1!! lr ~~il!~~~@ :J on.n.n.u.w1ii ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ _ N M . ~ ~ ~ ~ ~ - iii1'HI~~~ ~"'8 .8.8S2 11l11l~ "i"ili ~~: == I!:! ~ 13 ~ ... ~ l~' ~ ~.2'" w;>:ffii! 8~!ie a.(J),sQ '0 ~.~! Soa.~ O"':NClI .. ~ >-. 0 .c~S! ":" "0-01 '" ... '" e g.~ ~ i?aJl ~ !. ~ i .. flil~ ~ ~~~~iil Ltl8 "2:::J I:: t"C~lO:~ i~l~ ~5~'lIii _:::;;;s):::;;f- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 12/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of URS Purchase Service Order, for the Key West Airport Runway Safety Area Improvements Permit additional services ITEM BACKGROUND: These services are eligible for Federal Aviation Administration, Florida Department of Transportation, and Passenger Facility Charge funding. PREVIOUS RELEVANT BOCC ACTION: Approval to submit to the Federal Aviation Administration - PFC Application # 7,2/19/03 - PFC # 8,10/15/03 - PFC # 9,8/18/04 - PFC # 13, 3/21/07 CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval TOTAL COST: $64,825.00 BUDGETED: Yes COST TO AIRPORT: None COST TO PFC: $1,620.26 COST TO COUNTY: None SOURCE OF FUNDS: FAA, FDOT, PFC Revenue REVENUE PRODUCING: NO AMOUNT PER MONTH NEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: Ibev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 365 days Contract Purpose/Description: EYW Runway Safety Area Improvements Permit, Additional Services Contract Manager: Bevette Moore (name) for BOCC meeting on: 12/19/07 # 5195 (Ext.) Airports - Stop # 5 (DepartmenU Stop) Agenda Deadline: 12/4/07 CONTRACT COSTS Total Dollar Value of Contract: $64,825.00 Budgeted? Yes Grant: Yes, FAA & FDOT County Match: PFC Revenue Current Year Portion: -$50,000.00 Account Codes: 404-630104-GAKD101 Estimated Ongoing Costs: n/a (not included in dollar value above) ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed Yes No Airports Director ~~- ( ) (~ ) (~ ( ) (;{ ( ) ( ) Risk Mana~men~ ~ A2/ OJ 1=r _ ~ \,,<~\a)i, O~B.lPurchasing ~-!J~ County Attorney / / --- Comments: RECEMD DEe 0 5 2007 Date Out J2JM~ IU.32/D7 !~j;1f1 /8-/ .:LJ!!J. AIRPORT ADMI~'1 'I ~URCHASE I SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 07/08-06 Re: PSA Agreement, Dated: 1-1-02 Resolution Project Name: EyW- RSA- Improvements Permit Additional Services Description of Services: (SEE ATTACHED SCOPE OF SERVICES) Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 365 Fee this Service Order $64.825.00 Payment for Services shall be in their entirety as per PSO. Prepared by: ~ ~ / r ~ Milford A. Rei rt . Date: to - z.-c::r - 0 :+ Date: L\ -L'l.....01 Accepted by: Approved by: , Date: Date: RECEIVED OCT 3 0 2007 AIRPORT ADMIN. A.1. U:IAAA.ReceptionisIIPSOI07-08\PSO.07.0g.0 I.doc SCOPE AND BUDGET OF SERVICES Key West International Airport Runway Safety Area Improvements - Permit Additional Services 1.0 Introduction On August 15, 2007, the U.S. Army Corps of Engineers (COE) requested additional information from the Monroe County Aviation Authority (MCAA) to address comments received in response to the public notice issued for Section 404 Dredge and Fill Permit Application No. 2002-6663 (IP-PEK). This application was submitted by MCAA for proposed improvements to the Runway Safety Area (RSA) at the Key West International Airport (KWIA). In order to address these comments, additional tasks will need to undertaken. These tasks include literature reviews, field sampling of water salinities, field sampling of fish, engineering analyses, and field surveying of the Salt Ponds and proposed mitigation areas. As part of this scope of work, URS will undertake the tasks listed under Section 2.0 below. 2.0 Services to be Performed Task 2.1 Salinity Samplina Item Numbers 4 and 5 of the CaE request asks for the identification of other freshwater habitats in and around KWIA and the lower Keys. In order to provide a response to this request, URS will conduct a literature and map review to identify documented freshwater systems within and around KWIA. URS will also conduct salinity sampling of select ponds in and around KWIA to more precisely determine the freshwater component of the ponds relative to the Salt Ponds. The salinity sampling will include surface, mid- column, and pond bottom readings, as appropriate. Sampling will take place over a 2 day period. Task 2.2 Hiah and Low Tide Water Elevations Item Number 6 of the CaE request asks for the determination of water levels within the various Salt Ponds and how these elevations correlate with the tidal range of the adjacent Atlantic Ocean. URS did not identify existing information for the Salt Ponds to respond to this request. In order to provide a response to this request, URS will conduct a review of previously obtained water level information for the adjacent Atlantic Ocean and conduct surveys of water Task 2.3 Task 2.4 elevations within the Salt Ponds. The survey field work will include surveying water levels at three locations at low and high tide over a two day period. URS will review tidal data and correlate the data to the proposed mitigation project. This task will require URS staff and a professional surveyor access to KWIA. Modeling of water flows and elevations is not included in this task. Additional Survey Item Numbers 7 and 9 of the COE request asks for the preparation of circulation maps and establishment of Mean High Water Level on the Salt Ponds and the proposed mitigation sites. The COE also requested additional topographic cross-sections of the mitigation areas. In order to provide a response to this request, URS will prepare general circulation maps depicting pre-mitigation and post- mitigation water circulation patterns for the Salt Ponds. Modeling of water circulation patterns is not included in this task. URS will survey the Mean High Water Level of the Salt Ponds and proposed mitigation areas. URS will also obtain additional topographic cross- section surveys in the proposed mitigation areas. Drawings and figures will be prepared to provide the details necessary to satisfactorily respond to this request. This task will require URS staff and a professional surveyor access to KWIA. Additional Mitiaation Analvsis Item Number 13 of the COE request asks for the investigation of additional connections of the Salt Ponds to the Atlantic Ocean via culverts beneath Roosevelt Boulevard. The purpose of additional connections is to improve overall circulation in the Salt Ponds. In order to advise Monroe County and provide a response to this request, URS will perform a preliminary engineering assessment of this mitigation option to determine its feasibility and to assess its compatibility with the mitigation plan presently proposed in the EA and permit applications. The engineering assessment includes the following tasks: Assessment of the affect on water circulation, water quality, natural habitats and sea life, public interests, and project mitigation plans. URS will coordinate with FOOT and other pertinent land owners during the feasibility study. URS will consult with Monroe County and the FAA and assist in discussions and negotiations with the COE in regard to the need for the culverts. Design of the culvert connection and hydrological/coastal modeling is not included in this task. If this mitigation alternative is required to be incorporated into the mitigation plan, the design and modeling effort will be conducted under a subsequent scope authorization. 2 Task 2.5 Fish Surveys Item Number 14 of the COE request asks for the study of four (4) fish species previously identified within the Salt Ponds. In order to provide a response to this request, URS will conduct a literature review of pertinent documents to determine the status of these species within the lower keys. In addition, URS will conduct fish sampling surveys within the Salt Ponds to determine their presence/absence and provide necessary documentation to the COE. The surveys will include 2 days of sampling by URS staff and requires access to KWIA. Task 2.6 Meetinas URS proposes to attend two project meetings with Monroe County, the FAA. FOOT, and/or the COE to review data collected, and to discuss preliminary responses to the comments. In addition, URS will attend one project meeting with the FOOT and other involved parties concerning the feasibility of the suggested culverts beneath Roosevelt Boulevard. It is assumed that URS staff members will attend each meeting, as appropriate. 3.0 Services and/or Materials to be Provided by the Client The Client shall provide the following information or perform the following activities: . Provide access to Airport property for all necessary field data collection and survey. 4.0 Items Not Included in this Proposal The following items are not included in the above proposal or cost estimate: . Design of culvert beneath Roosevelt Boulevard, and . Formal or informal Section 7 consultations with the US Fish and Wildlife Service. 3 Client Monroe County Project Name; KWlA RSA Improvtmlntl . COE Additional Servlc.. URS Corporalion October 22 2007 II.. <., . Hourly Hourly rill 2.1. r,lk 13. Additlon.1 I.lbor /I.,. /I.,. s.HnIty 711U2.WllI< Addition.' fII'ti,.IIon T..* 1$. R.h 7"UI. Toil/l.lbar /I." ll/ultiplit</ "of Employ" C.tlfOly Mult. (/I.w) (Mun) S.mp/"" EIeYlfion. Survey An.lyli. SUIVI)'I IIM6ng. Houra Co.", eo.,. Tot" 1 PM 2,85 564.22 1183,03 2,0 4,0 4,0 2,0 2,0 40.0 54.0 53,468 59,883 15.2% 2 Sr. Enaineer 2.85 55616 $160.116 4.0 20.0 24.0 Sl.348 S3.841 5.9% 3 En ineer 2,85 $39,24 $111.83 4,0 8,0 24,0 36.0 51,413 $4,026 6,2% 4 SlaffEnQineer 2.85 $30,36 S86.53 0.0 50 $0 0.0% 5 Sr. Environmental 2.85 $51.50 $146.78 5.0 2.0 8.0 2.0 8,0 5.0 310 Sl.597 $4,550 70% 6 Enliironmental 2,85 $3062 $87,27 50,0 18,0 18,0 20.0 80,0 32,0 2140 $6,553 S18,675 28.8% 7 Staff Environmental 2,85 $22.70 $84,70 0.0 $0 $0 0,0% 8 GIS 2.85 S27,34 $77.92 5,0 5.0 20,0 4.0 5.0 4.0 43.0 S1.178 S3.351 5.2% 9 Cadd 2.85 S28,68 $75,98 2.0 4,0 12.0 18.0 $480 $1,368 2.1% 10 Admin.Mford Processing 2,85 $14,93 $42,55 2.0 4,0 8.0 14,0 $209 $598 0,9% Subtot.1 L,bor HOUri 65.0 33.0 U.O 88.0 95.0 89.0 434.0 Subtot" Labor Dol"" R.w) 12,136 $1,197 12,351 $3,391 '3,127 $4,035 $18,242 Subtotal L,bor Dollars 'Mult) $1,085 $3,411 58,700 59,04 51,9/1 511,!D/J $48,290 71,4% Fare 1.00 ~OO ~OO 800 ~1.600 ~3,200 ~3,200 4.9% Rttntal Cars 1.00 S120 $120 $120 $240 1600 1600 0.9% ~- 100 1100 $100 $200 $400 1800 1600 12% 100 1200 S200 $400 1600 $1.800 $1.600 25% Ouplil;iliorv'Repon Printing 1.00 $75 $75 $75 0,1% Laroe Fonnal Prin~naJPresentatiOl'1 Graohics 100 $100 1100 $100 0,2% Computer Charco" 100 $0 10 0.0% PoslaQe/Oetiverv Service 1.00 $0 '0 0,0% Video Service. 1.00 SO $0 0,0% EQUipment RentallPurchase 1.00 1200 $200 $400 $400 0.6% E.tpef1d.~.. 100 - - -- I--- $0 10 0.0% MisceUaneous 1.00 SO $0 0,0% Survey 100 16,720 $3,360 $1,680 Sll.760 Sll,760 18,1% Subtotal Omf Exp.41.' (R.w) 51,020 Sf,720 $3,300 $2,5(10 $1,720 $3,215 ,11,S36 Sull/otlll DirKt Exp..... ,MuW $1,020 5',120 53,360 '2,!D/J $1,720 $3,218 '1',m 28.8" 07AllABD/I & IlI/lEC7 J7,1US JI0.131 10,060 J12, &I 10,m 114,715 '34,777 J64,B25 lOD.D" URS Corporation Southern Page 1 10/2212007 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 11420 N. Kendall Drive. Sulle104 Miami, Florida 33176 REPLY TO ATTENTIOi'l OF Regulatory Division August 15, 2007 South Permits Branch 2002-6663 (IP-PEK) Monroe County Board of County Commissioners c/o URS Corporation Attn: Mr. Peter Green 7650 West Courtney, Campbell Causeway Tampa, Florida, 33607-1462 Dear Mr. Green: Reference is made to Department of the Army permit application number 2002-6663 which proposes an improvement of the Runway Safety Area (RSA) at the Key West International Airport (KWIA). The project is located within waters of the United States at the Key West International Airport, 3491 S. Roosevelt Boulevard, Key West, Florida 33040; Sections 3 and 4, Township 68 South, Range 25 East, Monroe County, Florida. The District Engineer is. seeking additional information incident to the Final Environmental Assessment for the Proposed Runway Safety Area Improvements, dated July 5, 2007 and comments received in response to the Corps public notice. The Corps requires additional information to complete the public interest review and to complete the decision process. Please provide your response in writing within 30 calendar days from the date of this correspondence. 1. Request you provide the Corps a digital copy of your EA on a CD in MS-WORD, if available. 2. Two respondents to the public notice from the Everglades Law Center (attachment 1) and a report provided by the Non- Governmental Organization - "Last Stand", (prepared by Curtis Kruer (which has been forwarded via electronic mail), mention concern regarding the National Historic Preservation Act (NHPA). The State Historic Preservation Office (SHPO) has approved the proposed project. This approval appears to have been made solely in consideration of the proximity to listed site 8M01a77 the East Martello Battery. Mr. Kruer's report, (on page 17 at figure 15), alleges that in a 1994 infra-red aerial a berm like feature which "could" have been part of the historic salt production is evident. The Corps wishes to know if your research has included this feature and what is known about it. Additionally, the Corps u has forwarded the Kruer information to the SHPO for a determination. Your input is sought to aid the SHPO in gathering information on this possible historic feature. It which would be directly impacted by your proposed project. The Corps contacted Dr. Renate Skinner, a retired Department of Environmental Protection regional biologist, who stated that she recalled these features mentioned in a CARL proposal. Please attempt to locate this CARL acquisition proposal for the administrative record. Currently, the Corps only has an excerpt of this document which was published in July 1986 and was sponsored by the City of Key West and the Florida Audubon Society (attachment 2) . . 3. On page 3 of Mr. Kruer's report he mentioned the Coastal Zone Management Act (CZMA) and the 1981 inclusion of the City of Key West's Comprehensive Plan, and Kruer states the Salt Ponds were designated an Outstanding Florida Water (OFW) in the 1990's. Has the state of Florida specifically considered this plan and does the applicant have documentation showing the state granted CZMA consistency subsequent to that consideration? 4. Mr. Kruer mentions that he mapped greater than 1000 non-tidal fresh water habitats in the lower Keys. This document was produced for a state funded Key Deer Habitat evaluation in the late 1980's. In the Last Stand sponsored document, (listed on page 30 of the Kruer report) is the citation, Folk, M.L., W.D. Klimstra, and C.R. Kruer, 1991. habitat evaluation; National Key Deer Range, Fla. Game and Freshwater Fish. Comm., Nongame Wildl. proj. NG88-015, 366pp. If you considered this document please provide the Corps a copy. The Corps requests you locate a copy of this study and provide it to the Corps if not currently in your possession. Since you propose to eliminate the fresh water lens habitat and, turn the saltponds into tidal system it is important for the Corps to consider what other areas would support the freshwater waterfowl in the lower Keys. The USFWS on Big pine Key may have a copy. 5. Please identify the locations of other ponds with a fresh water lens system in the immediate Key West area. Include the size of these water bodies and extent of the water body's salinity. The Key West Golf Course may have such ponds. 6. Please provide the Corps with the average water elevation and the difference between the water level of Salt Ponds and sea- level at low and high tides. Correlate this to the daily tidal range at Key West and the tidal range to be achieved in the Salt Ponds once your proposed mitigation is complete. At 6.1.3.1 of the EA a proposed 36" culvert is to allow for flow. The applicant should consider box culverts and small bridges to allow for less maintenance requirements over the long term and more flow. 7. please provide a map/aerial showing the current tidally influenced circulation patterns in the Salt Ponds and what patterns will be present upon the completion of your proposed mitigation. Also delineate where the Mean High Water Line (MHWL) is currently and on a map/aerial where the MHWL will be when your proposed restoration is completed. 8. The Corps recognizes that freshwater sources in the Keys, even ephemeral are very important. Respondents have alleged that the ecological values and functions in the salt ponds are higher (presumably) based on the fresh water lens. You propose essentially out of kind mitigation which, though it will restore and enhance a lagoon system, is not proposed to have any fresh water lens. please explain why you believe you are not able to achieve and expanded the freshwater lens feature as a mitigation goal in other ponds. 9. Please provide additional drawings needed to evaluate your mitigation plan. These drawings are to include cross-sectionals for each area, final proposed elevations, contours and a detailed planting plan. 10. The Corps does not view the establishment of hardwood hammock as a valid mitigation component. The Corps is opposed to recreational amenities proposed in the mitigation plan as described at 4.7.2 of the Final EA. The authorization of human disturbance to a mitigation area is not compatible with the goals of the restoration. The Corps believes this will lead to unwarranted disturbances, trash etc., in the mitigation area. Public access should be prohibited. At 6.1.3.2 of the Final EA the applicant states 1.30 acres is being set aside for park facilities and that impact will occur to wetland WL-l1. The board walk size is excessive and no additional mitigation has been proposed to off-set this impact. The maintenance of the board walk will also require repetitive encroachments into the restored area to maintain the structure. The applicant states that to construct the park facility 0.17 acres of additional aquatic impact will occur. please be informed that the Corps did not notice the construction of a city park. There is no nexus between the construction of the city park and the stated project purpose of a runway safety improvement. The Corps will not add the construction of the city park to this review unless the City becomes a co-applicant. The City of Key West will need to submit a separate application to construct a park in the Salt Ponds or the Corps will need to reissue a public notice and include the City of Key West as a co-applicant. please state why the applicant has not broken the 30 year lease with the City of Key West. The Corps does not understand, based on the expressed importance of the stated importance of the runway safety issues that this lease has not been broken. 11. The Corps requests the applicant provide a comprehensive diagram of the entire salt pond area showing; 1) all the mitigation which has been formerly done in the salt ponds by the applicant and others, 2) identify who conducted the mitigation and for what impacts, 3) determine the success of each mitigation action and, 4) who currently owns the various parcels of former mitigation land in the Salt Pond area. 12. The EA at 4.13.3.2 and 4.13.3.3 discuss hazardous materials. The EA concludes that the potential for ground water contamination is low. The Corps has concern regarding the porosity and permeability of the substrate. Also, the applicant's Drainage Plan at paragraph 2.1 states that the Salt Ponds are partially used by the KWIA as a storm water drainage basin. The Corps requests a history of hazardous waste/material spills on the KWIAproperty and any information on contaminated soil/groundwater which may be available. 13. The applicant states that two 42# culverts exist under Roosevelt Boulevard. What is the flow found in these structures? Propose new locations to install box culverts and/or or bridges to create tidal flow to the south (Atlantic) side of the Salt Ponds as part of the mitigation plan. 14. In a July 1986 CARL acquisition proposal (mentioned above) , of which the Corps only has an excerpt (attachment 2), the Key Silverside (Menidia conchorum) is mentioned as a rare fish species. In the Key West Salt Ponds Project Assessment, by Wilburn, Roger, A., for the DCA, dated July 25, 1985, three fish of the Sheepshead Minnow were mentioned as only existing in the Salt Ponds in addition to the Key Silverside mentioned above. These fish are Lucani parva, Poecilia latipinna and Cyprinondon variegatus. The author stated..."the population have a taxonomic status that is uncertain...the population of these species in the Florida Keys is geographically isolated and morphologically different. Please ascertain to what extent these species exist on Big Pine Key and Cudjoe Key as reported. please inform the Corps what effect the proposed mitigation will have with reference to the elimination of a freshwater lens on these species. The applicant is to conduct a fish survey of the ponds to establish the extent the above species presently exist. The Corps requires this information to assess the fish and wildlife portion of the public interest review. 15. The mitigation proposal does not describe; 1) what salinity standards will be achieved subsequent to restoration, 2) how hyperthermic conditions will be reduced in the ponds, 3) how increased dissolved oxygen will be achieved and, 4) how relative uniformity of these important conditions will be achieved throughout the Salt Pond system. 16. The applicant has informed the Corps that they agree to protect the mitigation area in perpetuity but, the applicant does not agree to preserve the avoidance area. The overwhelming majority of permits issued by the Corps in the Florida Keys have perpetual preservation of the avoided are as a permit condition. Though the Corps understands the KWIA is a relatively important commercial facility. KWIA is a key factor in the area's economic success. However that criterion alone does not warrant a deviation from an otherwise standard Corps practice. Perpetual protection of avoided areas is routinely used to partially off- set secondary and cumulative impacts in the Florida Keys. The effect of cumulative and secondary impacts on the unique and fragile habitats of the Florida Keys has bee~ profound. The aspect of cumulative and secondary impacts which have had an incrementally deleterious effect on the Salt Ponds needs to be addressed by the applicant. The Corps requests the applicant to provide a proposal to offset the secondary and cumulative effects of the proposed work. 17. At 4.7.2 of the EA the applicant states the applicant owned land identified as "Pines Public Park" has invasive exotics. On page 4-53 of the EA the applicant states "dense stands of Brazilian pepper are present in an area of upland fill south of the current aircraft overflow parking area, south of the runway and north of the southern salt pond area. Please be informed that in the proposed project is approval the Corps will require the applicant to remove all invasive exotics as partial mitigation for secondary and cumulative impacts of the proposed work. The applicant needs to understand and agree that the facility should not continue to be a seed source for the spread of deleterious species in the area. The applicant must acknowledge its responsibility to remove all invasive exotic species form all areas of the applicant owned property and maintain the area free of invasive exotic species in perpetuity. This should be included in the mitigation plan. 18. Table 4.11-1 of the EA at page 4-69 states 6 wetlands WL-6b thru WL-8 are all Intertidal and Irregularly Flooded. The Corps requests information on how often these areas are flooded by tidal influence. Please respond as soon as possible. Please provide a complete response to this request for additional information. Point of contact for this correspondence is Paul Kruger. Same can be contacted at the letterhead address, by telephone at 305- 526-7185, or email paul.e.kruger@saj02.usace.army.mil Attachments (emailed to URS 8/15/07) CF: FKNMS FDEP SFWMD USEPA NMFS-PRD NMFS-HCD I L uos November 5, 2007 Ms. Anita R. Bain Division Director, Natural Resource Management Division South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Re: Key West International Runway Safety Area Monroe County S 3,4fT68S/R25E Application No. 070402-30 Request for Time Extension Dear Ms. Bain: UAS Corporation (URS) is in receipt of the Request for Additional Information dated May 1, 2007 for the above referenced permit application and. URS has put forth a good faith effort to provide the requested information in the time frame allowed. Activities performed to date include: . URS met with Ron Peekstok of SFWMD on June 6, 2007 to review wetland delineations as required by RAI Item No.2, and to discuss other issues brought up in the RAI comments. . URS has been in contact with the City of Key West to request the information required for RAI Item NO.3. . URS has prepared a discussion on secondary impacts and mitigation to offset secondary wetland impacts (RAI Item NO.1 0). . URS developed maintenance, monitoring, and management plan for the proposed mitigation areas (RAI Item No. 11). . URS developed proposed temporary mixing zones and turbidity monitoring plans. as required by RAlltems 8 and 9. . URS has worked with the Monroe County Land Authority and received approval to utilize the property for Mitigation Area #2 (RAI Item No.2). This address concerns raised in RAI Item No.5. However, during this time, a Request for Additional Information was also received from the U.S. Army Corps of Engineers (USACOE). URS has been working with the USACOE and South Florida Water Management District (SFWMD) to collect additional data and reconcile the comments between the two agencies. URS has been in constant contact with both agencies trying to develop responses that are consistent with both agencies regulations and guidelines. Therefore, in accordance with Rule 40E-1.603(d). FAC., URS is requesting an additional 60- day time extension to provide the District with the requested additional information. We feel this will provide sufficient time to provide responses to your comments that are consistent with SFWMD and USACOE requirements. URS Corpcr,ltion d)',jO Wt-'Sl CO\H1rp"'y C,llrpbdl Clll,eW:1Y f.1mp;1. FL 3-3607 1462 fpl: 8 B2b6. 1711 F,IX: 813 287 8",91 We appreciate your assistance with this matter. If you have any questions or concerns, please to not hesitate to contact me at (813) 675-6556. Sincerely, URS Corporation Southern ~J- Sr. Airport Environmental Planner CC: Ron Peekstok - SFWMD Kevin Dickson - SFWMD Peter Horton - KWIA Kevin Connor - U RS Susan.Moore@faa.gov 11/271200701:47 PM To Horton- Peter@MonroeCounty-FL.gov, Mercado- Pedro@MonroeCounty-FL.Gov, Y aniz-Donella@MonroeCounty-FL.Gov, dkolhage@monroe-clerk.com ccAndrea.Chao@dot.state.fl.us, larry .spencer@basultoconsulting.com, Mil_ Reisert@URSCorp.com SubjectAIP33 RSA Design & EMAS Block Acquisition Peter, et al Per my meeting with Mil last week; Corps of Engineers mitigation requirement expenses for RSA & EMAS items are eligible for 95% grant participation. . . . .Just be sure to summarize for invoicing & closeout purposes. . . ~s noted when Mil & I met, the only caution I remind the county of i: not to exceed the previously-established total for the project... .$12M federal participation for everything (design, construction, etc. INCLUDING the 11 ns;1n()(n Page 2 01 amount already issued in the AlP 33) . Let me know if you need anything else on this. S (please forward copy to Bevette & anyone else needs to see this.) 11/28/2007 '" ,. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19,2007 Division: Employee Services Bulk Item: Yes ~ No Department: Risk Management Staff Contact Person: Maria L. Slavik x3178 AGENDA ITEM WORDING: Approval to Advertise Request for Proposals for Property Coverage Insurance. ITEM BACKGROUND: County Purchasing policy requires competitive bids for insurance every three years, current policy expires May I, 2008. PREVIOUS REVELANT BOCC ACTION: The current policy was previously bid on May 1,2004. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMEND A TIONS: Approval to advertise. TOTAL COST: not to exceed $800.00 BUDGETED: Yes -1L No COST TO COUNTY: not to exceed $800.00 SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ ~o X AMOUNT PER MONTH Year APPROVED BY: County Ally T ~urChasing ~ Risk Management_l1\;; DOCUMENT A TION: Included ~To Follow_ Not Required _ DISPOSITION: AGENDA ITEM # Revised 2/27/01 'O,~~rY ~o~~~~E (305) 294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 - Fax TO: (- - ...-.- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 ~/:;~~~ tfl/. ~-~~~ ~ ~~ , -. f''''" i L;.\: W; , =~ (.:)1- ~;~. ~ ==-7- .~.~~~~ Board of County Commissioners DATE: November 29, 2007 Teresa E. Aguiar, . rn~ Employee Services Dire~J FROM: SUBJ: Approval to advertise This item requests approval to advertise requests for proposals for property coverage insurance to cover the total value of the County's property. The policy will cover buildings and contents which is estimated at $172M. The current policy expires May 1,2008. If you have any questions on this item, please do not hesitate to contact me at X4458. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19. 2007 Division: Employee Services Bulk Item: Yes -1L- No Department: Risk Management Staff Contact Person: Maria L. Slavik x3178 AGENDA ITEM WORDING: Resolution repealing Resolution 209-1996 and adopting the Risk Management Policy and Procedures Contract Administration Manual; 2005 Edition, delegating the authority to modify or waive any requirements contained therein to the County Administrator, the Risk Manager and/or County Attorney. ITEM BACKGROUND: It is necessary to repeal Resolution 209-1966 in order to issue the revised "Insurance Manual" . PREVIOUS REVELANT BOCC ACTION: Adopted Resolution 209-1996, which authorized use of the now outdated insurance manual. CONTRACT/AGREEMENT CHANGES: COITect from 1996 Edition to 2005 Edition Risk Mangement Policy and Procedures Administration. STAFF RECOMMENDATIONS: Adoption TOTAL COST: ~ BUDGETED: Yes ~ No COST TO COUNTY: ~ SOURCE OF FUNDS: N/ A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Arty ~ ~Chasing _ Risk Management ~ DOCUMENTA TION: Included ~ To Follow Not Required _ DISPosmON: AGENDA ITEM # Revised 2/27/01 O~~rY ~o~~~2E (305) 294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 2924458 - Phone (305) 2924564 - Fax TO: ,-. '..... ,..-.......- , BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 ~:.. < ""0::~(.;, (, .' "-m-v.:.- ~_. I'. ,~, . '.,..~! ,~ ~ ;.....',.~ ~:.: ."s.. _..../"-1,... ~~.~ &~.lj .....l.":':.:.~~:> Board of County Commissioners DATE: November 29, 2007 FROM: Teresa E. Aguiar, vA511\1,J Employee Services Dire~UJ.J SUBJ: Resolution - Insurance Requirements Manual This manual contains written procedures setting forth the insurance requirements for all contracts, leases, or agreements entered into with Momoe County. In October, 2005, the procedures were reviewed and updated. These procedures should be reviewed, and revised if necessary, every three years. An approved resolution by the Board of County Commissioners is required for this manual. If you have any questions on this item, please do not hesitate to contact me at X4458. RESOLUTION NO. - 2007 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS REPEALING RESOLUTION 209-1996 AND ADOPTING THE RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL; 2005 EDITION, DELEGATING THE AUTHORITY TO MODIFY OR WAIVE ANY REQUIREMENTS CONTAINED THEREIN TO THE COUNTY ADMINISTRATOR, THE RISK MANAGER, AND/OR COUNTY ATTORNEY. WHEREAS, the Board of County Commissioners adopted Resolution No. 209-1996 to authorize the use of the Monroe County Insurance Guide to Contract Administration Manual and to delegate certain authority for the waiving or modifications contained therein; and WHEREAS, it has become necessary to revise the Insurance Manual and to delegate the authority to modify or waive hold harmless/indemnification currently retained by the Board of County Commissioners to the County Attorney; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: I. Resolution 209-1996 is hereby repealed. 2. The Risk Management Policy and Procedures Contract Administration Manual, 2005 Edition, is hereby adopted as the official source of insurance/risk management requirements that must be included in any type of contractual agreement presented to the Commission for approval and execution by the Mayor; and 3. In recognition of the need to expedite execution of contracts, to eliminate the Commission's having to reconsider insurance waiver/modification recommendations of its Risk Management staff, the authority to waive/modify insurance is hereby delegated to the County Administrator and/or Risk Manager. 4. The Board will only review waiver/modifications of insurance that are denied by the County Administrator and Risk Manager and only upon an appeal by the other party to the Contract. 5. The County Attorney is authorized to modify, amend and/or waive hold harmless/indemnification clauses in agreements in the best interest of the County. Page 2 RESOLUTION NO. - 2007 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _day of , 2007. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Mayor McCoy Mayor Pro Tem Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman ~Olj~ hlHIOI1 :\'10~ROE COLNTY, FLORIDA RISK'lANAGE:\lENT POLICY AND PROCEDLRES CONTRACT AD'lINISTRATION 'lANl! AL INTRODlICTlON This manual was developed to establish the minimum Risk Management requirements for those individuals or firms that perf0n11 work for or on behalf of the County, use County property in conjunction with their activities, or receive funding or grants from the County. To facilitate its use and to address the various exposures to loss faced by the County, the Manual has been sectionalized and specific insurance requirements developed based on the following classifications: Construction Contractors and Subcontractors - Organizations performing construction activities for or on behalf of the County, on or off County Property. Other Contractors and Subcontractors (including Trade Contractors) - Organizations that are providing goods or services (to include service or maintenance contracts) to the County or its residents for remuneration. Public Welfare and Special Events - Activities that are held on or involve the use of County property or designed to provide assistance to the general public. The activities may be sponsored by private industry, trade/professional associations, or non-profit organizations. This section includes activities that are funded by the County through the Tourist Development Council. Airport/Aircraft Activities - Organizations performing work at or for County-owned airfields or activities involving the use of aircraft:, or lease of airport property. Leases or Sub-Leases of County Property - Organizations leasing real and personal property owned by the County. This section also includes firms that operate as concessionaires on County property. Certain sections of the manual will apply to all groups, while others will only apply to a specific group. Admini:.tration In~trucljon '!-I70'!.3 2005 ! dlltdH :HO~ROE COL:\'TY, FLORIDA RISK \IA:\'AGE\IENT POLICY A:\'D PROCEDLRES CONTRACT ADMINISTRATION \IANL,\L OB.JECTIVE and GENERAL PROCEDLRES [n recent years. society has seen an increase in the number of law suits filed in the court systems. Frequently when a suit is filed, anyone having a connection with the activity which gave rise to the claim are named as defendants, regardless of their contribution to the loss. Simple ownership of the property where the accident took place could expose the County to a lengthy and costly legal battle, even though it was not negligent in conducting its affairs. To reduce the number and cost of such claims, the County attempts to hold the party responsible for the claim accountable for their actions. This is accomplished in two (2) ways. First, the County requires that all parties doing work for, or on behalf of Monroe County, or utilizing County property provide an Indemnification and Hold Harmless agreement in favor of Monroe County. Such an agreement obligates them to protect and pay for any costs which the County might incur arising out of their activities, including providing a defense attorney to the County. Various fonns of Indemnification and Hold Hannless agreement,> may be used, depending on the nature of the activity involved. The individual sections of this manual will specify which agreement is appropriate. All agreements are contained in the section titled Indemnification and Hold Hannless. Second, to ensure that sufficient resources are available to satisfy the obligation assumed under the Indemnification and Hold Hannless agreement, the County requires most parties to maintain minimum insurance protection. The amount of protection will val)' on the type and cost of work to be perfonned, and the risks involved. There will be times when it will be necessal)', or in the best interest of the County, to deviate from the standard insurance requirements specified within this Manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has delegated authorization to the County Administrator and/or Risk Management to waive and modify various insurance provisions. These will be discussed in further detail in the section of this Manual entitled Waiver of Insurance Requirements. AdministratiLm Instruction "4709.3 ~l)O:" ! dlllOn Standard Insurance Requiremcnts As a general rule, all parties will be required to Catry. as a minimum: · Workers' Compensation and Employers' Liability Insurance · General Liability Insurance and Vehicle Liability Insurance The required limits will be contingent upon the nature and extent of the project or activity. A general overview of these coverages and other issues that may assist the user of this manual is provided in the section entitled Glossary. Certificates of Insurance Verification that the party has obtained the necessary insurance, is usually accomplished by the furnishing of a Certificate of Insurance. A Certificate of Insurance summarizes the coverages that are being carried by the insured. It also specifies special provisions, such as Additional Insured. An industry standard form has been developed which is used by numerous insurance companies and agents. Upon receipt of a Certificate of Insurance, it shall be reviewed to ensure that it includes all required coverages, that the insurance company is acceptable, that it specifically names the Monroe County Board of County Commissioners as an Additional Insured, if required, and that the policy(ies) have not expired. The Certificate shall be filed with the contract documents and reviewed thirty days prior to the expiration date. At that time an updated certificate is required. A copy shall also be forwarded to Risk Management. General Procedures The insurance requirements shall be establ ished in conjunction with the development of the project. The "Schedule of Insurance Requirements" contained within various sections of this Manual will be used as a basis for the establishment of the coverages that must be provided and must be included in all RFP's. Unless insurance is waived by Risk Management, the "Insurance Checklist" will be completed by the County's employee responsible for the project by marking the required coverages with an "X". The form contains instructions for the proposer's insurance agent to review and sign signifying that coverage is in place or will be obtained if awarded the project or contract. If the project is governed by a contract, the appropriate Insurance Forms will be included as part of the document and an original Certificate ofInsurance, approved by Risk Management, is required for execution of the contract. Requests for a waiver or modification to the insurance requirements must be made in writing, and approved by Risk Management, utilizing the "Request for Waiver of Insurance Requirements" form. The reason why the waiver or modification is needed, the extent of coverage that can be provided, and any other pertinent infornlation, such as sole supplier, etc. must be included on the request. Administration Instmction "-17<)9.3 2005 hluPlIl \10:\ROE COl':'1TY, FLORIDA I:'ISl'RA:\ICE CHECKLIST FOR VF:NDORS Sl:BMITTI:'IG PROPOSALS FOR WORK To a~sist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the foml and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WCI WC2 WC3 WCUSLH WCJA -L Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $ I 00,000/$500,000;$1 00,000 $ 500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability INSCKLST .\Jministnltion Instruction ".no'!.] 4 2(4)) f dlllon GENERAL LIABILITY As a minimum, the required general liability coverages will include: · Premises Operations Blanket Contractual · Expanded Definition of Propel1y Damage Products and Completed Operations Personal Injury Required Limits: GLl $100,000 per Person; $300,000 per Occurrence $50,000 Propel1y Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit GL2 GU GL4 Required Endorsement: GLXCU GLLIQ_ GLS Underground, Explosion and Collapse (XCU) Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST <\dminisfrJlion In:-'Iruction "4cll9.J VEHICLE LIABILITY ~IH}~ h!ftHll1 Owned; Non-owned; and Hired Vehicles As a minimum, coverage should extend to liability for: $50,000 per Person: :5] 00,000 per Occurrence $25,000 Property Damage or $ J 00,000 Combined Single Limit $ J 00,000 per Person; $300,000 per OCCurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $\ ,000,000 per Occurrence $100,000 Property Damage or $\ ,000,000 Combined Single Limit $5,000,000 Combined Single Limit Required Limits: VLI VU VLJ VL4 MISCELLANEOUS COVERAGES BRI Builders' Risk MVC Motor Truck Cargo PROl PR02 PR03 POll POL2 POLJ EDl ED2 GK\ GK1 GK3 Professional Liability Pollution Liability Employee Dishonesty Garage Keepers <\dmjni~trafion Instruction li-+709.3 Limits equal to the completed project. Limits equal to the maximum value of anyone shipment. $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$1 0,000,000 Agg. $ 10,000 $ 100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $\ ,000,000 ($250,000 per Veh) INSCKLST 6 2005 hIll Inn MED! Medical $ 250,000,$ 750.000 Agg. MED2 Professional $ 500.000$ 1,000.000 Agg. (' MED3 $1,000.000/$ 3,000,000 Agg. MED4 $5.000,OOO!$1 0,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLPI Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of Property HKLI Hangarkeepers $ 300.000 HKL2 Liability $ 500,000 HKL3 $ ! ,000,000 AIRI Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIRJ $50,000,000 AEOI Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$ 1,000,000 Agg. AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg. EOI Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$I ,000,000 Agg. E03 $ 1,000,000 per Occurrence/$3,000,000 Agg. INSCKLST Administration In:-.truction '!-I709..J 7 2()1J5 f-JH!OIl INSUI0\NCE AGENT'S STATEMENT I have reviewed the abO\e requirements with the hidder named below. The following deductibles apply to the corresponding policy. POLlCY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST Admini:itration Instructinn "-1709.3 2005 hlltlilll :\-IO:'IIROE COl;'liTY, FLORfl)A RISK :\-1:\;'IiAGE\IEVr POLICY A:'IID PROCEDl'RES CONTRACT AD\lINISTRA 1'10:'11 VL~'\jlAL Introduction to Construction Contractors and Subcontractors Section This section of the Manual will apply to construction type projects and activities utilizing Contractors and Subcontractors. The types and amounts of insurance wi II be detemlined based on the type of project and the projected cost of the contract. The fact that the funds used to pay for the project were obtained from Federal, State, or other grants is not material. A special matrix of construction activities has been developed and incorporated within this section to assist in the establishment of the proper insurance coverages and limits. As a general rule, all contracts will include: · Indemnification and Hold Hannless Provisions · General Insurance Requirements · Workers' Compensation Provisions . General Liability Provisions and · Vehicle Liability Provisions Questions should be directed to Risk Management Deleted: at 13(5) :'02.454:' .\dmini:-.lrafion Instructinn "4709.J 9 \. :;ooS f d~tlon \IO-'ROE COl,'HY, FLORIDA RISK VIANAGE\tENT POLICY A;\ID PROCEDl'RES CONTRACT AD\JlNISTRA 1'101'1 \IANl:AL General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work govemed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made pari of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub- Contractors engaged by the Contractor. As an alternative the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. ,\dministration Inslrudion "4709.3 10 2()05 I dtllOIl All insurance policies must specify that they are not subject to cancellation, non-rene\val, material change. or reduction in cO\crage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and'or apprO\al of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared fonn entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. \dmini~trJtion In~trul'ti()n "4709.3 II ~I)(J:\ hfulOfI MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS REVISED 9/0S. CONTRACT DESCRIPTION OF Und.r $10,001 $50.001 $100,001 $500,001 avo, TYPE WORK $10.000 To 10 $10<l,OOO TO $500.000 TO $1 MiUion $1 Million $50.000 AIRPORT PRO\JiDE AIRPORT CONSTRUCTiON we3 WC3 we3 WC3 we3 Rt1ffUfo CONSTRUCTfCN SERVICE$.GENERAU Y USING SUB- GL4 Gl4 GL4 Gl4 GL4 Ri~k CONTRACTORS VL4 ',]A VL4 VL4 Vl4 MilIla.J""1l16I'f If w)lk IrvolvB'S the ~nfct\)!;'lllnte\;lltv of the SRl BRI SRl BRI BRI !!l!1l!l!ll.I ARCHITECTS AND PROFESSIONAL SERVICES IN THE WCl WC1 we1 'Net we1 ENGINEERS DESIGN OF BUILDINGS, 3EWERS, GLl GlI GlI GL2 GL3 Refer to WATER MAINS, STREETS, ETC ',Ill '/L1 Vl1 \Ill VL1 Rl~ AEOI AEOI AEOl AE02 AE03 Man""'amonf ENGINEERS PROFESSIONAL SERVICES IN THE I/'/C1 WCI WCl WC1 WCI Refar 10 ENGINEERING DESIGN OF BUILDINGS, GLl Gll Gll GL2 GL3 R'.. SEWERS, WATERMAIN, STREET, ETC 'Ill VLl \Ill Vll VLI Management EOl EOl E01 EOl E03 BRIOGE WCl WCT WCl WC2 WC3 ROctferlo C()NSTRUCTION PROVIDE BRIDGE CONSTRUCTION Gll Gll Gll GL2 GL3 Rl9.k SERVICES OVER NAVIGABLE AND VL1 VLl VLl VLl VLl MooagOO16nt UN-NAVIGABLE WATERS GLXCU GLXCU GLXCU GLXCU GLXCU BUILDING BUILDING REHABlllTATiOl WC1 WCl WCl WC2 '110 Refer 10 REHABiliTATION GENERALLY USING SUB- Gll Gll Gll GL2 GL3 Risk COlTRACTORS VLl VLl VLl VL2 VL3 Mdnagernant If v.ork Involves the 8trudUl aI Inloontv of llB1. llB1. llB1 llB1. llB1. th"BIHId,~ MARINA PROVIOE MARINA COlSTRUCTION Raferfo Rftfer 10 Refer 10 Refer 10 R&fer 10 Refer-to CONTRACTORS ALONG SHORELINE R,,", Risk R,,", Risk RiGio:: Risk Mg! Mgt Mgt Mgt Mg' ManagOOlElnt GENERAL BUILDING CONTRUCTION SERVlCES- WCl WCl WCl WC2 WC3 CONTRACTORS USING SUB-CONTRACTORS, INCLUDES GLl Gll GLl GL2 GL3 Re1er 10 CONSTRUCTION OF PARKING LOTS VLl VLl VLl VL2 VL3 Risk GLXCU GLXCU GLXCU GLXCU GLXCU t.AanatJement NEW CONSTRUCTION BRl BRl 8Rl BRl SRl RENOVATIONS THAT INVOLVES THE BR2 BR2 BR2 BR2 BR2 STRUCTURAL INTEFRITY OF T~ AIIII "NG PARKS & RECREATION CONSTRUCTIOl OF PARKS AND WCl WCl WCl WC2 WC3 Referfo AREA CONSTRUCTION PUBLIC RECREA TIOl AREAS Gll Gll GLl GL2 GL3 Risk VLl Vll VLl VL2 VL3 Management ROAD CONSTRUCTION OR UNDERGROUND WORK SUCH AAS WCl WCl WCl WC2 WC3 Refer to INVOLVING ROAD CONSTRUCTIOl, WATER AND GLl Gll Gll GL2 GL3 Risk EXCAVATIONS, SEWER LINE INSTAlLATION, VLl VLl VL 1 VL2 VL3 Management CULVERTS, ETC TUNNELING CULVERTS, ETC GLXCU GLXCU GLXCU GLXCU GLXCU INCLUDE .CCS. INDEMNIFICA nON AND HOLD HARMLESS AGREEMENT IN CONTRACT I QUESTIONS SHOULD BE DIRECTED TO RISK MANAGEMENT. i\dmini~trJlion rn~!ruction "470'i.3 I.:' Deleted: 1 0/96 Deleted: <,po. Deleted: AT (305) 292-4542 ,:005 hhll'lll :\lO;\iROE COU~TY, FLORIDA RISK :\1A~.\GE\lF::'iT POLICY AND PROCEI>l'RES CO~TRACT AD:\lINISTRATIO:'l' :\lANUAL Introduction to Other Contractors and Subcontractors Section This section of the manual will apply to Vendors and Contractors supplying goods or services to the County which are not in connection with a construction project. The insurance requirements for Agreements/Contracts which supply goods or services associated with construction projects should be governed by the Construction Contractors section of this manual. The types and amounts of insurance will be detennined based on the type of service or goods provided and the projected payment to the Vendor. The fact that the funds used to pay for the goods or services were obtained from Federal, State, or other grants is not material. A special matrix of for this section has been developed to assist in the establishment of the proper insurance coverages and limits. As a general rule, all agreements will include as a minimum: · Indemnification and Hold Hannless Provisions · General Insurance Requirements · Workers' Compensation Provisions · General Liability Provisions and · Vehicle Liability Provisions Questions should be directed to Risk Management,. Administration Instructlon "47()QJ 1.1 .'1. :'~~ '" ,:->'>.,' \:,; Deleted: at \]05) :'92-4541 ~l)(j5 J cldton RISK :\IANAGE:\IE:\T POLICY A\iO PROCEOLRES CO.'HRACT .\D:\IINISTRATION :\IANLAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specitied in any attached schedules, which are made pari of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the fai lure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self insured retentions that Olav be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. :'\dmini~trJlion In~truction -1470'1.3 14 ~(}j,s I {htltHl The acceptance and or approval of the Contractor's insurance shall not he construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared fonn entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. ,\dmini~trati{)O In~tnJction '.f~')9.J 15 :lill:') I d!lIOI1 MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR OTHER CONTRACTORS AND SUBCONTRACTORS I CONTRACT DESCRIPTION OF Un".. $10,001 $50.001 $'00.001 $_.001 Ow, TYPE WORK $'0.000 to $50,000 to $100,000 to $5(){t,000 to $1 Million $1 MlIUOf'l I AS8ESTOS ENCAPSULATING, REfvlO'J1NC OR 'Nel Wet ','oJe1 'Ne2 'NC3 R~fel to fiE~lOVAL TE:';TiNG FOR ASBESTOS GL1 Gu Gll Gl2 Gl3 Rj.,k 'A1 "AT 'Ill Vl2 '/L2 Man~.Jon-"'f~t ASB ASS ASB ASS ASB CONSULT,NG PRO'jlD€. PROF[SSIONAL SERVICES, BOTH Wei WCl -.. Wet ./ 'NC2 WC3 Refm to SER'/ICES C)N AND {)FF SITE SUCH AS MANAGE~NT Gll GL' ''" GL; ../GL2 lJL3, Rdc. AND FINANCiAL CONSULT MiS. 'jl1 \/L1 ~ VL; ../\lL2 'to 'JL3 Mdfl.-l<jOOilO'lll INCLUDES SERVICES cr A PROFESSfONAL PR01 PRO, PRQ1 PR02 I PROO 'lA TURE WHETHER liCENSED OR NOT I ()€:UVERlES DELIVERY, LO,d,OING AND UNlOADING We1 WC' WC, WC' WC, Refm-fo OF HEAVY EOlJiPI.ENT OR GL1 GLi GL1 Gl2 GL3 Rm" tvt<\CHINERY REQUIRING \ill 'IL, VL1 VL2 VL3 Manag.mlellt CRANES OR RiGGING IF IF IF IF IF MVC MVC M/C MVC MVC DELIVERIES DELiVERY. LOADING AND UNLOADING WCl WC, WC, WC2 WC2 Ref81lo OF OTHER GOms. SUCH AS OFFICE Gl1 GL1 GL1 GL2 Gl2 R,sJ< SUPPliES, AND LOW VALUED IlL 1 VL1 VL2 VL2 VL2 Managoolbnt EQUIPMENT MVC MVC MVC MVC MVC DERELICT REMOVING SUNKEN AND DERElICT GL1 GLl GLl GL1 Gl2 Rafer to '/ESSEL \/E~SELS FROM WATERS IN 'jl1 VL1 IlL' VL2 VL3 Risk RECOVERY OR AROUND THE COUNTY WCJA WCJA WCJA WCJA WCJA Management WL1 WLl 'I'lL' WL1 WL2 POL1 POL1 POll POL1 POl' ELECTRICAl LICENSED ELECTRICAL CONTRACTORS WC, WC' WC, WC2 WC2 Refec to CONTRACTORS PROVIDING EITHER MAINTENANCE GL1 GL, GL1 GLJ GL2 Ristl: OR INST ALA TlOO SERVICES 'Ill IlL' 'Ill IlL' VL2 ManagefTl4:lnl FOR THE COUNTY EN\/IRONtvtENTAL CONTRACTORS ENGAGED IN THE TESTING WC, WC, WC, WC' WC1 Reff.lf 10 CONTRACTORS OR MJNlTORJNG OF SOIL. WATER OR AJR GL1 GLl GLl GL, Gl, R,sJ< 'Ill IlL' IlL' IlL' IlL' fvtanagernent POI2 POL2 POL2 POL2 POl2 FOOO SERVICES PROVIDING FOOD SERVICES TO THE WC, WC, WC, WC, WC2 Ref\3f 10 ELDERLY AND OTHER CITIZENS GL, GLl GL1 GL2 GL2 RIsk VL, 'Ill 'IL , VL1 VL2 Man;;l(lernent FUEL DEliVERY. LOADING AND UNlOADING WC, WC, WC, WC2 WC2 Refer 10 DEliVERIES OF TOXIC OR HAZARDOUS GL, GL, GL1 GL2 Gl3 Risk SUBSTANCES SUCH AS OIL. IlL' VL, VL, VL2 VL3 ManagBfT'"lErnt GASOliNE. CHLORINE. OTHER IILP, IILP, IILP, VLP2 VlP3 CHEMICALS MVC MVC MVC MVC MVC MCS MCS MCS MCS MCS GARBAGE COllECTION RESIDENTUAL AND COM'AERCIAl WC, WC, WC, WC, WC, Refefla (SOlIO WASTE) GARBAGE COlLECTIOO GL1 GL1 GL, GL2 Gl2 Risk VL2 VL2 VL2 IIL3 VL3 Maflagemanl POl2 POl2 POL2 POL2 POl2 HOUSEHOLD ORGANIZATIONS RESPONSIBLE FOR WC, WCl WCl WCl WCl Rsfarto HAZARDOUS WASTE RECEIVING AND DISPOSlNG OF PAINTS. OILS. GL1 GLl GL1 GL2 Gl2 Risk DISPOSAL AND SOL VENTS FRCM COUNTY RESIDENTS IlL' VL2 VL2 IIL3 VL3 Managemenl POI2 POL2 POL2 POL2 POl2 INST ALlA TIOO AND INSTAlLATION NOT IN A PUBLIC WC, WC, WC, WC2 WC3 Rsferla MAINTENANCE - BUILDING SUCH AS FENCING. GL1 GLl GL1 GL2 Gl3 Ri~k OUTSIDE LANDSCAPING TREES ETC IlL' IILl IILl VL2 IIL3 Man""'enlElnt INSTRUl.ENT TESTING THE TESTING AND CAliBRATION OF FIRE. WC, WC, WC, WC2 WC, Refer to AND CALIBRATION MeDICAl AND BIO-I.EDICAl EQUIPMENT GI2 GL2 GI2 GL3 Gl3 RIs.1e. 'Il, 'Ill IlL' VL2 IIL3 Mar1;;1(1em&nt JANITORIAL SERVICES CLEANING COUNTY BUILDINGS WCl WC' WC, WC2 WC2 Rafe,lo (WITH OR) WITHOUT COUNTY 1IL1 'Ill 'Ill VL2 VL2 Risk SUPERVlSIQN ED' EDl 1'01 ED2 ED2 Management GL1 GLl GL1 GL2 GL2 lAB TESTING GENERAL lAB TESTING GL1 GLl GL1 GL2 Gl3 Refer to IIL1 IILl VL, VL2 '11.3 Risk PRO' PRO' PRO' PR02 PROO Management WC, WC, WC, WC, WC, LANDSCAPING CLEARING LOTS. MOWING. GL' GLl GL1 GLl GL2 Risk SHRUBBERY WORl<. ETC IlL' IlL' IlL' '112 VL3 Management WC, WC, WC, WC, WC, Reff.lflo MARINE SERVICES INVOl VtNG THE f..1ASTER: OR GL1 GL, GL1 GL1 Gl2 R&ferlo CONTRACTORS CREW OF ANY OCEAN GOING 'IL, IlL' IlL' VL2 '1L3 Risk VESSEL WCJA 'NCJA WCJA WCJA WCJA l\.1anagemElnt WL1 WLl WL1 WL1 WL2 :\dmini~trati\)n InstructIOn "470'1.3 10 Formatted Table ... [1] .2005 I ~h1!lln MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR OTHER CONTRACTORS AND SUBCONTRACTORS COIfTRACT DESCRIPTION OF Und.r 510,001 $50,001 $100,001 5500,001 Ow, TYPE WORK $10,GOO to $50,000 to $100,000 TO $500,000 TO $1 Million $1 Million ~,t::DICAl PROVIDING ~..":DICAL AJ\fO PSYCHIATRIC NCt 'I.Cl wel we2 'NC3 RJ~fBr to SERViCES SERVICES TO CITiZENS, EM='LOYEES GL1 GLl Gl1 Gl2 Risk EWlOYEE APPLICANTS, DRUG TESTiNG 'Ill VLl \Ill \/l2 ',L3 ~tlr',;iI~&n-it:ll1t & PHYSIOLOGiCAL TESTING Of Ef...F'lOYEES M'Ol lviEDl f.'ED2 MED3 M'D4 ON.-::;JTE s.EFNtCES PROV1DING SPECIALIZED SERVICES '/VCl NCl we1 WC2 ';,;C3 R",fet 10 AND TEWORARY HELP 'NHERE GL1 Gl1 GLl GL2 Gl3 Rr..,k CONTRACTOR', EM'LOYEcES WORK ON Vl1 VLl 'jL1 VL2 VLJ tAdnagffl'letl! COONTY PROPERTY, l);;ING COUNTY EDl EDl ED, ED2 ED2 EQUIPMENT AND UNDER COUNTY C;UPER- I~~~~A~RE~~NY~N~E~%~~~~~\ PARKll'lG LOT FIRMS ENGAGED IN OPERA TlNG PARKING WCl WC; WCl WC2 WC3 Ref&f Ie OPERATIONS FACILITIES ON CO~TY OWNED PROPERTY Gl1 GLl Gl1 GL2 Gl3 Risk Vl1 Vl1 V1.1 VL2 VL3 Man3tJOO1OIlf GKl GK' GKl GK2 GK3 PEST FIRMS ENGAGED IN THE ElIMiNATION BUGS, WC' WCl WC2 WC2 WC2 Refer 10 CONTROl ROOENTS, AND SIMILAR ANIMALS Gl1 GLl Gl2 Gl2 Gl3 Risk 'ILl 'ILl VL2 \iL2 VL3 ManarJOO1Unl POL1 POL1 POL1 POL1 PQl2 REFUSE PICKUP FRCM COUNTY BUILDINGS, PRI'IATE WC1 WCl WC' WC2 WC3 Roferto RESIDENCES, PUBliC STREETS AND Gl1 GLl GL1 GL2 Gl3 Risk PARKS AND INCLUDES SOliD WASTE, VL2 \ll2 VL2 VL2 VL3 Management SEWAGE & OTHER HAZARDOUS MATERiAlS POl2 POL2 POL1 POL2 Pa.3 REPAIRS/MAINT REPAIRS/MAINTENNANCE TO COUNTY-OWNED WCl WC, WC, WC2 WC3 Refarto EQUIPMENT IN COUNTY BUILDINGS. SUCH GL1 GLl GL1 GL2 Gl3 Risk ftS OFFICE MACHINES. COPIERS, VL1 VLl VL' Vl2 VL3 Management FIRE EXTINGUISHERS, ETC REPAIRS, OUTSIDE REPAJRS TO COUNTY-0WNED EQUIP. WC, WC1 WC' WC2 WC3 Rete-ria MENT AT CONTRACTOR"S SITE, SUCH GL1 GL1 GL1 GL2 Gl3 Risk AS RAOIO AND CO'IMUNICA TroN VL' VL1 VL' Vl2 '/L3 ManagOffl8nl EQUIPMENT, PUM'S MOTORS BLL BU BLL BU BU ROAO OR RIGHT OF WAY WORK ON COUNTY ROAOS AND WC2 WC2 WC2 WC3 WO Reter to MAINTENANCE RIGHT OF WAYS WHICH AFFECTS PUBliC GL2 GL2 GL2 GL3 Gl3 RI" NOT INVOLViNG TRAFFIC IBOTH VEHICLE ANO PEDESTRIAN) VL2 VL2 VL2 VL3 VL3 fo.Aanagement EXCAVATIONS SEAWALUMARINE ORGANIZATICNS ENGAGED TO WC, WC1 WCl WC, WC' Refer to DOCK MAlNT AJN OR REBUILD GL1 GL1 GLl GL' Gl2 Risk MAINTENANCE COUNTY OWNED VL' Vll Vl' VL2 VL2 Management SEAWALLS OR MARINE DOCKS WCUSLH WCUSLH WCUSLH WCUSlH WCUSLH SECURITY ORGANIZATIONS ENGAGED IN THE WC' WC' WC, WC2 WO Refer to SERVICES PROVIDING OF GUARD AND OTfER GL1 GL1 Gl2 Gl2 Gl3 RIsk SECURITY SERVICES GLS GLS GLS GLS GLS Managel'T'lent ~ VL1 VL1 Vl' VL2 VL3 SERVICE AND DEUVERIES OF NON OWNED ~ ~ ~ ~ ~ Bm!..l2 COUNTY PROPERTY SUCH ftS VENDING au etf au etf BP Ba!I T T REPAIR OR CONSTRUCITON WC' WC, WC' WC2 WC3 Refer to OR OF COUNTY OWNED GL1 GL1 GL1 Gl2 Gl2 Risk CONSTRUCTICN WATERCRAFT Vl1 VL1 VL1 VL2 VL2 Mananamenl TRADESlMAINT TRADE SERVICES CN OR OFF COUNTY WC1 WC, WC2 WC2 WC3 Refer to SERVICES PROPERTY SUCH AS EXTERMINATORS GL1 GL' Gl2 Gl2 Gl3 Risk CARPET INSTAUATICN, WINDOW VL1 Vl' Vl2 Vl2 VL3 Ivtanagernent ClEANING. ELEVATOR REPAIR, ROOFING AND PAINTING TRADESltMINT TFW:>E SERVICES ON OR OFF WC1 WC, WC' WC2 WC3 Refer 10 SERVICES PUBliC PROPERTY SUCH AS AUTO GL1 GL1 Gl1 Gl2 Gl3 RIsk INVa. VING VEHICLES GLASS REPlACEMENT, TIRE VL1 VL1 VL1 VL2 Vl3 Management REPAJRS, ETC GK' GK' GK' GK2 GK3 TRANSPffiT A TION PROViDING TRANSPORTATION FOR WC1 WCl WCl WC2 WC3 Refer to EITfER COUNTY EM'lOYEES OR GL1 GL1 Gl1 GL2 Gl3 RIsk NON-COUNTY EMPLOYEES TO INClUDE Vl2 Vl2 VL2 VL3 VL3 Management TRANSPORTING THE ELDERlY, ANO M'NTAUY RETARDED VEHICLE SERVICES SERVICES PERFORM'D AT CCNTRACTORS WC' WC, WC1 WC2 WC3 Refer to SHOP ON COUNTY VEHICLES, SUCH AS GLl GL1 GL' Gl2 Gl3 RI"" PAINTING, BODY WORK, M'CHANICAl. VL1 VL' Vl' VL2 VL3 fvtanag9/Tl(jnt ETC & INCLUDES MODIFICATION TO GKl GK1 GK' GK2 GK3 EMERGENCY VEHICLES '\dminislfalion In",trucli\m n4709.3 17 Formatted: All caps ~005 hlJlJon MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR OTHER CONTRACTORS AND SUBCONTRACTORS CONTRACT OESC RIPTION OF Und.r $10,001 $50,001 $100,001 $500,001 Owr TYPE WORK $10,000 To $50,000 to $100,000 TO $500.000 TO $1 MiHlon $1 Mffiwn WASTE HAUL (X.)T ;HE TRANSPOFH AT:QN OF WASTE f RCM THE WC1 wel WC2 'liC2 We3 Ref& to COUNTY GL1 Gll GLl Gl2 Gl2 Ri~ VL2 'lL2 'Il2 VL3 '/l3 Matldgem611t POll POll POll POL2 PO..2 WASTE PROCESSING OPERATiONS AND ....WNTENANCE OF THE WC2 'liC2 WC2 WC2 we3 WC3 PLANT OPERATIONS COUNTY'S WASTE PROCESSING F AClLlTtES GL4 GL4 Gl4 GL4 Gl4 GL4 '/l2 'Il2 '/l2 '/l2 \lL2 '/l2 ARP ARP ARP ARP ARP ARP INCLUDE "OCS" INDEMNIFICATION AND HOLD HARMLESS AGREEMENT IN CONTRACT I QUESTIONS SHOULD BE DIRECTED TO RISK MANAGEMENT... Administralit}n Instnlction "47093 13 Deleted: AT (305) 292-4542 ~()05 ! dlllun RISK "IA:'IIAGE'1ENT POLICY A:'IID PROCEDlRES CONTRACT AD"IINISTRATlON :VIA:'IIUAL Introduction to Public Welfare and Special Events Section This section of the manual will apply to Sponsors of Special Events which will be attended by the general public. They normally involve the gathering of large segments of the general public and often include ultra-hazardous activities. They may be sponsored by private industry, associations, non profit organizations or funded by the County through the Tourist Development Council. The types and amounts of insurance will be detemlined based on the nature of the event and the activities associated with the event. Depending on the event and its sponsor, certain insurance requirements may be waived. The specially developed matrix which is incorporated within this section should be consulted. Questions should be directed to Risk Management,. Administr;ltion In~lruction ".nll'!.J 1<) Deleted: 31 nos) 292-4542 ~l)i}) hhtlon :\IO!'iROE COL:!'iTY, FLORIDA RISK :\'IA!'iAGE:\IENT POLICY AND PROCEDl"RES CO:\TRACT ADMI'lISTRA TlON "IAN L: AL General Insurance Requirements for Public Welfare and Special Events As a pre-requisite of the Special Event governed by this pennit or agreement, the Promoter shall obtain, at his/her own expense, insurance as specified in the attached schedules. The Promoter will not be permitted to commence work associated with the Special Event (including pre-staging of personnel and material) unti I satisfactory ev idence of the required insurance has been furnished to the County as specified below. The Promoter shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Special Event until the required insurance has been reinstated or replaced. The Promoter will be held responsible for all deductibles and self insured retentions that may be contained in the Promoter's Insurance policies. The Promoter shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Promoter's insurance shall not be construed as relieving the Promoter from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. \dministration [nstruction '1~~Oq,l 20 ."'~' ,-- ,--,,-' > ~ -,.< , - ~:~ ;', ' \~;t 2(0) I dHlon Any deviations from these General Insurance Requirements must be requested in writing on the County preparcd form entitled "Request for Waiver of Insurance Requirements" and apprmcd by Monroe County Risk Management. \dministration Instruction '471)9.3 21 ,\dmini::-.tralinn Instructlnn "-17119.3 MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR PUBLIC WELFARE AND SPECIAL EVENTS Description of Examples of Required Activities Events Insurance or Forms Assistance to Soup Kitchens. PWSE the Needv Sheijers CirCUS Commercial Ventures WC2 with Animals and GL3 HiQh Risk Acts VL2 Concertsl Rock Concerts and GL2 Performers Other Events Providing VL2 Entertainment to MUS the General Public Public SelVice and Non Profrt Organizations providing Care of Life Counseling Counseling such as PWSE Health & Medical Substance Abuse. Job Training. and Senior Citizen Programs. Drug & Alcohol Support & Public Immunization Inter-Governmental Agreements with other Agreements State governmental INTL Aaencies Fireworks Displays On or Off GL3 County Property which Reauire Permits 200:" I dltlon 22 ~()05 I dlll'lfl MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR PUBLIC WELFARE AND SPECIAL EVENTS Description of Examples of Required Activities Events Insurance or forms Handicapped and Special Olympics and PWSE the Disabled Goodwill Events Interlocal Agreements with and Agrements between INTL Governmental Aaencies liqaur Sales the sale of liqaur. Required Insurance is GLlIQ in additian ta thase specified under the activitY Local events Triathalans, Beach ar PWSE funded by the Summer Fests, and Taurist Festivals Develapment Council WC2, GL3, VL2 MoviefTV Productlans If aircraft ar Productians Utilizing watercraft are Caunty Property involved refer to Risk Management National Major Activrties such as WC3 Events Pawer Boat Races GL3 Funded by VL2 the T ourlst Development Council Political Party PWSE Canventions Public NOW., Aids Interest Awamess PWSE RaciaVEthnic Groups AARP Organized Motor Car and Refer to Racina Watercraft Reaattas Risk Manaoement Organized Sporting Football. Baseball and Referta Events All Profesionnal Sports Risk Management Parades Any Event Requiring PWSE a County Parade Permrt INCLUDE "PWSE" INDEMNIFICATION AND HOLO HARMLESS AGREEMENT IN CONTRACT QUESTIONS SHOULD BE DIRECTED TO RISK MANAGEMENT. ,\Jministr:ltit)n Instruction ,Q709,J 23 ~ '. " 200'\ I dlllOIl \IONROE COLNTY, FLORIDA RISK \IA:\IAGI<:\IENT POLICY AND PROCEDt:RES CONTRACT AD\II:'IlISTRATlON \IAN l AL Introduction to Airport/Aircraft Activities Section This section of the manual will apply to those activities which are associated with, or conducted at the County's Airports, or involve Aircraft Activities. The types and amounts of insurance will be deternlined based on the type of activity and its projected cost. The fact that the funds used to pay for the activity were obtained from Federal, State, or other grants is not material. The insurance provisions for construction projects at the Airports will be governed by the section of this manual entitled Construction Contractors and Subcontractors. A special matrix of activities has been developed and incorporated within this section to assist in the establishment of the proper insurance coverages and limits. As a general rule, all contracts will include: · Indemnification and Hold Harmless Provisions General Insurance Requirements · Workers' Compensation Provisions · General Liability Provisions · Vehicle Liability Provisions and · Airport or Aircraft Liability Provisions Questions should be directed to Risk Management. Administrntion Instruction ~4i09.J 24 Deleted: at 1305) 292-4542 ,20!)5 ! dlllOn :VIO:'IiROE COl;:'IiTY, FLORIDA RISK :VfA:'IIAGEME:\IT POLICY A:\ID PROCEDLRES CO:\lTRACT ADMINISTRA T10:'ll :YL~'\ILAL General Insurance Requirements for Airportl Aircraft Activities Prior to the commencement of work govemed by this contract (including the pre-staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be pernlitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been fumished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance has been reinstated or replaced. The Contractor will be held responsible for all deductibles and self insured retentions that may be contained in the Contractor's Insurance policies. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. /\dministr<ttion ln~truction 114 709.3 25 ~()05 f dttlon MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR AIRPORT ACTIVITIES CONTRACT DESCRIPTION OF Unde< $10,001 $50,001 S100,001 $500,001 Over TYPE WORK $10,000 to $50,000 to Sloo,ooo to S500,000 to $1 Million $1 Mlltlon EVENTS UTILIZING WC3 WC3 WC3 WC3 WC3 Refer to AIR SHOWS COUNTY AIRFiElDS GL3 GL3 GL3 GL3 GL3 RIsk OR AIRPORTS VL2 VL2 VL2 VL2 VL3 Management AIR1 AIR1 AIRl AIR1 AIR2 COMMERCIAL AIRLINES WITH WC3 WC3 WC3 WC3 WC3 VLWC3 AIRLINES SCHEDULED SERVICE TO COUNTY Gl3 GL3 GL3 Gl3 GL3 Gl3 OWNED AIRFIELDS V13 Vl3 Vl3 Vl3 VL3 VL3 AIR3 AIR3 NR3 AIR3 AIR3 AIR3 AVIATION NON PROFIT ORGANIZATIONS WHO AIR1 AIR1 AIRl AIR1 AIR1 AIR1 CLUBS JOINTLY OWN AND OPERATE Gll Gl1 Gl1 GLl Gl1 GL1 AIRCRAFT FOR PLEASURE ASBESTOS ENCAPSULATING, REMOVING OR WC1 WC1 WCl WC2 WC3 REMOVAL TESTING FOR ASBESTOS Gl1 Gl1 Gl1 GL2 Gl3 Refer to Vll Vll VL1 VL2 VL2 Risk ASB ASB ASB ASB ASB Manaooment CAR RENTAL ORGANIZATIONS ENGAGED IN THE WC3 WC3 WC3 WC3 WC3 WC3 FIRMS RENTING OR lEASING OF VEHICLES TO Gl3 GL3 Gl3 Gl3 Gl3 GL3 THE GENERAL PUBLIC Vl3 VL3 Vl3 Vl3 VL3 VL3 DELNERY, LOADING AND UNLOADING WCl WCl WCl WC2 WC2 Refer 10 DElNERIES OF HEAVY EQUIPMENT OR GLl Gll Gll GL2 Gl3 Risk MACHINERY REQUIRING VLl Vl1 VL2 VL2 Vl3 Management CRANES OR RIGGING IF IF IF IF IF DELNERY. LOADING AND UNLOADING WCl WCl WC1 WC2 WC2 Refer to DELNERIES OF OTHER GOODS. SUCH AS OFFICE GLl Gll Gl1 GL2 GL2 Risk SUPPLIES, AND lOW VALUED Vl1 Vl1 VL2 VL2 VL2 Management EQUIPMENT FIXED BASE ORGANIZATIONS ENGAGED IN THE WC3 WC3 WC3 WC4 WC4 WC4 OPERATORS REPAIR. SERVICING, MAINTENANCE, GL4 GL4 Gl4 GL4 Gl4 Gl4 FUELING AND VL4 Vl4 VL4 VL3 Vl3 VL3 TIE-OOWN OF AIRCRAFT HKl4 HKl4 HKL4 HKL4 HKL4 HKl4 IF FBO MAINTAINS FUEL TANKS UST UST UST UST UST UST FOOD SERVICES RESTAURANT AND WCl WCl WCl WC2 WC2 Refer 10 L1aoUR lOUNGES Gll Gll GLl GL2 GL2 RisK Vll Vll Vl1 Vl1 Vll Management GlLlQ GLLIQ GLllQ GLLlQ GLLIQ DElNERY, LOADING AND UNLOADING DElNERIES OF TOXIC OR HAZARDOUS WCl WCl WC1 WCl WCl SUBSTANCES SUCH AS Oil. Gll GL1 GLl GL2 Gl3 Rarer to GASOLINE, CHLORINE, & OTHER VLl Vl1 Vll VL2 VL3 Risk CHEMICALS VlPl VLP1 VlP1 VlP2 VlPJ Management MIIC MIIC MIIC MIIC MIIC DElNERIES DELIVERY. LOARDING OR UNLOADING OF OTHER GOODS. SUCH AS OFFICE WC2 WC2 WC2 WC2 WC2 WC2 SUPPLIES. AND LOW VALUED GL2 GL2 GL2 GL2 GL2 GL2 EQUIPMENT VL1 Vl1 VLl Vll VLl Vl1 GIFT SHOPS ORGANIZATIONS ENGAGED IN THE WC2 WC2 WC2 WC2 WC2 WC2 SALE OF MERCHANDISE TO THE GL2 GL2 GL2 GL2 GL2 GL2 GENERAL PUBLIC. DOES NOT INCLUDE VL2 VL2 VL2 VL2 VL2 VL2 RESTURANTS AND LOUNGES GENERAL GROUND ORGANIZATIONS ENGAGED IN THE WC1 WCl WCl WCl WCl Refer to MAINTENANCE GENERAL MAINTENANCE OF AIRPORT GLl Gl1 GL2 GL2 GL3 RJsk GROUNDS TO INCLUDE CUTTING OF VLl VLl VL2 VL2 VL3 Management GRASS. PAINTING OF BUILDINGS, ETC Administration In....truction 11470'1.3 26 ~()O) I-tlnfon MONROE COUNTY, FLORIDA SCHEDULE OF INSURANCE REQUIREMENTS FOR AIRPORT ACTIVITIES CONTRACT DESCRIPTION OF Under 510,001 5SO.OO1 5100,001 5S00,001 Over TYPE WORK 510,000 to 5SO,000 to 5100,000 to 5S00,000 to 51 Million $1 Million HANGER CORPORA TIONS OR INDNlDUAlS WHO Gll Gl1 Gl1 Gll Gl1 Gll LEASE LEASE LAND FOR HANGER SPACE DIRECTL Y FROM THE COUNTY JANITORiAl (WITH OR) WITHOUT COUNTY WCl WC1 WCl WCl WC1 Refer to SERVICES SUPERVISION Vl1 VLl Vl1 VL2 VL2 Risk EDl EDl EDl ED2 [D2 Management Gl1 Gll Gl1 GL2 GL2 LANDSCAPING CL[ARING LOTS, MOWING. WCl WCl WCl WCl WCl Refer to SHRUBB[RY WORK. ETC Gl1 Gll Gl1 Gll GL2 RIsk Vll Vl1 VLl VL2 Vl3 Manaooment PARKING LOT FIRMS [NGAGED IN OPERATING WCl WCl WCl WC2 WC3 Refer to OPERATIONS PARKING FACILITIES ON COUNTY Gl1 Gl1 Gl1 GL2 Gl3 Risk PROP[RTY GKl GKl GKl GIQ GK3 Management REFUSE PICKUP FROM COUNTY AIRPORTS AND Gl1 Gl1 Gl1 GL2 Gl3 Refer 10 AIRFIELDS Vl1 Vll Vl1 VL2 Vl3 RfSk POll POl1 POL POL2 POl3 Manaaement RUNWAY SERVICE ORGANIZATIONS ENGAGED IN THE AND MAINTENANCE SERVICING OF RUNWAYS AND ASSOCIATED EQUIPMENT TO INCLUDE LIGHTS AND RADAR WCl WC1 WC1 WCl WCl WCl CONTRACTS VAlUED lESS THAN GL2 GL2 GL2 GL2 GL2 Gl2 $100,000 VL2 VL2 VL2 VL2 VL2 VL2 WC3 WC3 WC3 WC3 WC3 WC3 Gl3 Gl3 GL3 GU GL3 Gl3 CONTRACTS VALUED MORE THAN VL3 V13 VL3 Vl3 VL3 VL3 $100,000 SECURITY ORGANIZA TlONS ENGAGED IN THE WC1 WCl WC1 WC2 WC3 Refer 10 SERVICES PROVIDING OF GUARD AND OTHER Gl1 GL1 GU Gl3 Gl3 Risk SECURITY SERVICES VL1 VL1 VU VL3 VL3 Management TRADE SERVICES ON OR OFF COUNTY GLS GLS GlS GlS GLS Refer to T AXVLlMO PROVIDING TAXI AND/OR LIMO WC1 WCl WCl WC1 WC1 WC1 SERVICE SERVICE TO MEMBERS OF THE GLl GL1 Gll Gl1 Gll Gll GENERAL PUBLIC TO AND FROM Vl1 VL1 Vl1 VLl Vl1 Vl1 AIRPORT FACILITIES TRADES/MAINT, PROPERTY SUCH AS EXTERMINATORS Gl1 Gl1 GU GU GL3 Refer tp SERVICES CARPET INSTALLATION. WINDOW VLl Vl1 VL2 VU V13 Risk CLEANING. ELEVATOR REPAIR, WC1 WC1 WC1 WCl WC1 ~na(Jement ROOFING AND PAINTING i i I I I I I i I INCLUDE "AIR" INDEMNIFICATION AND HOLD HARMLESS AGREEMENT tN CONTRACT QUESTIONS SHOULD BE DIRECTED TO RISK MANAGEMENT.. Admini~trJ.ti{)O Instruction 4470<),J 1~ _I ;).., i 0,;:' ,,~ \.-o~;_~i Deleted: AT (305) 292-4542 ::':005 I dlfrilll \IONROE COL:\'TY, FLORIDA RISK :YIA:\'AGE\IE:\'T POLICY ANI) PROCEDLRES CO:\'TRACT AD\lI:\'ISTRA no:\' '\lANLAL Introduction to Lease of County-Owned Property This section of the manual wi II apply to Organizations/Individuals who lease, or operate concessions in or on County-owned property. Included in this section are those Organizations/Individuals who lease or rent County-owned vehicles. As a general rule, all agreements will include as a minimum: · Indemnification and Hold Hannless Provisions · General Insurance Requirements · All Risk Property Provisions and · General Liability Provisions If a County-owned vehicle is leased or rented, Vehicle Liability Insurance will be required to include physical damage coverage. All agreements must incorporate the "PROP" Indemnification and Hold Hannless agreement. Questions should be directed to Risk Management at (305) 292-4542. \dminis'r3ti~)n fn~tructi()n i,-j"09.J 28 ~OtJ5 Ilhtl\lll :\IONROE COLNTY, FLORIDA RISK :\IA~AGE.\lENT POLlCY AND PROCEDl"RES COi'lTRACT AD\JlNISTRATlON MANLAL General Insurance Requirements for o rganiza tions/I ndividuals Leasing County-Owned Property Prior to the Organization or Individual taking possession of the propel1y owned by the County, or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this lease/rental agreement. The Organization/Individual will not be pemlitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Organization/Individual shall maintain the required insurance throughout the entire term of this lease/rental agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the lease/rental agreement and the return of all property owned by the County. The Organiation/Individual will be held responsible for all deductibles and self insured retentions that may be contained in the Organization/Individual's Insurance policies. The Organization/Individual shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Organization/Individual's insurance shall not be construed as relieving the Organization/Individual from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure. \dministration Instruction "47119.3 29 2005 hJlllnf} Any deviations from these General Insurance Requirements must be requested in \vriting on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Adrmni:'\tration In~tr11Clion Iq7()lJ.3 30 2005 hlltlllll ALL RISK PROPERTY INSlRANCE REQURE:\lE"I/TS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY BETWEEN \10NROE COU;\ITY, FLORIDA A;\ID Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Li!!htninf! Vandalism Sorinkler Leakage Sinkhole Collaose Falling Obiects Windstorm Smoke Exolosion Civil Commotion Aircraft and Vehicle Damage Flood I T The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfY the above requirements. i\dmlni~tr3ti()n In~tructjon 1/4709.3 31 Deleted: h,e Lightning Va IldjJli~m' Sprmkler Leakage Sinkhole Collapse Falling Objects' \Vindstonn Smoke E.\p!osion' Civil Commotion Aircrnft Jnd Vehicle Damage FlooJ1 11 2005 hllflnn GE:"IERAL LIABILITY INSlRA:"ICE REQURE:\lE"iTS FOR LEASE/RENTAL OF PROPERTY OW;\jED BY THE COLNTY BETWEEN :\lONROE COI'1'ITY, FLORIDA AND Prior to the OrganizationlIndividual taking possession of the property governed by this leaselrental agreement, the Organization/Individual shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage · Fire Legal Liability (with limits equal to the fair market value of the leased property.) The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. .\dminislr:lli\)n Jnstrurtit)n '!.t/ll'!.] J~ ~(}O) I dlll;)!l VEHICLE LIABILITY I:\'Sl'RA"iCE REQLlRE\IE:\ITS FOR LEASES/RENTALS OF COt:"iTY-OW~ED PROPERTY BKfWEEN :\10NROE COLJNTY, FLORIDA AND Prior to the Organizationilndividual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall purchase Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles · Physical Damage Protection (if the leased property is a County-owned vehicle) The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) ACV for Physical Damage If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300,000 per Occurrence $ 50,000 Property Damage ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. In addition, if the lease/rental agreement involves County-owned vehicles, the Monroe County Board of County Commissioners shall be named as "Loss Payee" with respect to the physical damage protection. \oministralion Instruction "4709.3 JJ .~OO) I dlll\Hl ARCHITECTS ERRORS A:\D O:\IISSIONS LIABILITY I;\iSl'RA;\iCE REQURE:\IENTS FOR CONTRACT BETWEE;\/ :\IONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the perfornlance of professional services or any elTor or omission of the Contractor arising out of work governed by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $250,000 per Occurrence/$500,OOO Aggregate AEOI i\dminisfration In:-.tnlcliun '14;09.3 34 ~f)05 I dltlon ARCHITECTS ERRORS A~D O:\IISSIONS LIABILITY Il'iSLRANCE REQLIRE:\IENTS FOR CONTRACT BETWEEN :\IONROE COl:NTY, FLORIDA j\J.'\J 0 Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the perfornlance of professional services or any error or omission of the Contractor arising out of work governed by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $500,000 per Occurrence/$I ,000,000 Aggregate AE02 \dministration Instmdlon "4"0'1,3 35 r 2005 j dllHlll ARCHITECTS ERRORS A;\D 0\IISSIO:'ol8 LIABILITY INSLRANCE REQl'IREMENT8 FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work govcllled by this contract involves the fUlllishing of architectural services, the Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work govcllled by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $1,000,000 per Occurrence/$3,000,000 Aggregate AE03 \dmini_~lra!ion InstnlCtion fj.f:-Q9,J J/) ~005 hill Ion :\RCIIITECTS ERRORS AND O:\IISSIO:\1S LIABILITY I:"iSLRA:\1CE REQURE:\lENTS FOR CO:\1TRACT BETWEEN :\10NROE COt:NTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and maintain, throughout the Ii fe of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor alising out of work governed by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $3,000,000 per Occun-ence/$5,000,000 Aggregate AE04 Adrnini:-.tr:ltion InstnJction "..704.3 17 2005 I chunn AIRCRAFT LIABILITY I~Sl'RANCE REQl)IRE"IE~TS FOR CO~TRACT BET\VEEN "IO~ROE COUNTY, FLORIDA AND Recognizing that the Vendor is engaged in providing commercial air transportation and delivery service to and from air facilities owned, operated, or maintained by the County, the Vendor shall purchase and maintain, throughout the life of the contract, Aircraft and Airport Liability Insurance which will respond to bodily injury and property damages resulting from any claim arising out of the air transportation services governed by this contract. The covered operations section of the policy must specifically state that the Vendor is engaged in business of a commercial airline. The Monroe County Board of County Commissioners must be named as Additional Insured. The minimum limits of liability shall be $1 million per occurrence, for both types of coverages. AIR! \dmini:--.tration InstnJClion "..7/)'13 3S 2(}l)5 hlHIOI1 AIRCRAFT LIABILITY INSlR\NCE REQLIRE:\:lEl'iTS FOR CONTRACT BETWEEN MONROE COLNTY, FLORIDA AND Recognizing that the work governed by this contract involves the providing of aerial services, nornlally classified as ultra-hazardous activities, the Contractor shall purchase and maintain, throughout the life of the contract, Aircraft Liability Insurance specifically stating that the policy will respond to crop dusting, banner towing, air shows, aerial inspection, or aerial photography, or any other activity specified in the contract. The Monroe County Board of County Commissioners shall be named as Additional Insured. The minimum limits of liability shall be $5 million per occurrence. AIR2 \dministratlon Instruction "47119.3 39 '~..... ~ ,--,~:->~ -: ^' \~-~....j'- 2005 I <iIIIOf} AIRCRAFT LIABILITY INStRANCE REQl'IRE:\1ENTS FOR CONTRACT BETWEEN "ION ROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the providing of aerial services, normally classified as ultra-hazardous activities, the Contractor shall purchase and maintain, throughout the life of the contract, Aircraft Liability Insurance specifically statin~ that the policy will respond to crop dusting, banner towing, air shows, aerial inspection, or aerutl photography, or any other activity specified in the contract. The Monroe County Board of County Commissioners shall be named as Additional Insured. The minimum limits of liability shall be $50 million per occurrence. AIRJ Administration InstnJction "-1709.3 -Iii ~O{)5 I dllllHI ALL RISK PROP"~RTY INSlR\.NCE REQt:lRE:\IENTS FOR LEASES/RENTALS OF COLNTY-O\VNED PROPERTY BETWEEN :\IONROE COl'NTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contactor shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Fire Sprinkler Leakage Windstorm Civil Commotion Lightning Sinkhole Collapse Smoke Aircraft and Vehicle Damage Vandalism Falling Objects Explosion Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. ARP ,\dministrJtlnn In:-.truction ".J7()'l.3 41 ~.~. ---~d1 ~IXl5 hhlllln ASBESTOS ABATEME~T LIABILITY INSLRA~CE REQLlRE"IENTS FOR CONTRACT BETWEEN 'IO~ROE COUNTY, FLORIDA A~D Recognizing that the work governed by this contract involves the installation, removal, transporting, or disposal of asbestos material, the Contractor shall purchase and maintain Asbestos Abatement Liability Insurance with limits no less than those specified for the General Liability Insurance. The policy will contain a "Retroactive Date" of no later than the commencement of work and will have an extended reporting period of four (4) years. ASB Administration InstnJction ".j"'O<).3 42 ~'" .-" l:_...--R '<'"':':- ~!)O) I dlllllll BAILEE'S LEGAL LIABILITY INSl'RA;\ICE REQUREMEl'TS FOR COl'TRACT BETWEEN :\10;\lROE COLYfY, FLORIDA AND Recognizing that the work governed by this contract involves County propel1y being in the care, custody, and control of the Contractor, and that most liability policies exclude coverage for such items, the Contractor will be required to maintain Bailee's Liability Insurance in amounts no less than the replacement value of the property in the possession of the Contractor. Maximum value of the County's property which is in the possession of the Contractor: $ Must be completed by the Department BLL AJmini~lr;]tion Instnl(tion "4711'1.3 43 211/).:'\ ! dlllon BULDER'S RISK I~SLRA~CE REQUREME~TS FOR CONTRACT BETWEEN \lO~ROE COLNTY, FLORIDA AND The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss foml. Coverage shall include: Theft Windstorm Hail Explosion Riot Civil Commotion Aircraft Vehicles Smoke Fire Collapse Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. BRI AJmim.-;tratiiJn Instrw.:tion ".J70'l.3 .J.J ~005 hlll1nll BUILDER'S RISK INSl'RANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COl:NTY, FLORIDA AND The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Hail Explosion Riot Civil Commotion Vehicles Aircraft Smoke Fire Collapse Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. BRl Admini:-.tration InSlructiun ci.t70<)J .t5 200:=; I dlflOn E:\IPLOYEE DISHONESTY INSlR.\NCE REQUIREMENTS FOR CONTRACT BETWEEN :\10NROE COl:NTY, FLORIDA AND The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $10,000 per Occurrence EDf Admini:...tration Instruction 1/.t70'1.3 .tfJ 2()()5 hlttli)11 ( E:\IPLOYEE DISHONESTY INSl'RANCE REQUlRE:\IENTS FOR CONTRACT BETWEEN :\10NROE COl:NTY, FLORIDA AND The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $ I 00,000 per Occurrence ED2 ,\Jministration Insfruction 1!.tiO'!.3 .t7 2t}05 hhlHlIl GARAGE LL\BILITY INSl:RANCE REQUlRE:\IENTS FOR CONTRACT BETWEEN \10NROE COLNTY, FLORIDA AND Recognizing that the work governed by this contract involves the servicing and/or repair of County-owned vehicles, the Contractor will be required to purchase and maintain a Garage Policy to include Garage Liability Insurance extending to vehicles, owned or leased by the County, left with the Contractor for servicing, repair, storage, or safekeeping. Coverage should include, as a minimum: · Premises and Operations Liability · Vehicle Liability · Contractual Liability · Products and Completed Operations Liability · Garage Keepers' Legal Liability, to include: Comprehensive and Collision The Garage Keepers' Legal Liability shall extend to all County-owned/leased vehicles in the care, custody, and control of the Contractor. The Contractor's insurance shall be primary to any coverage maintained by the County. The minimum limits acceptable shall be: $300,000 Combined Single limit (CSL) for liability $ 25,000 Garage Keepers' Legal Liability The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GKl Administration In~truction ".ti0'1.3 .tx ~005 I dltliin GARAGE LlABIUTY INSl'RANCE REQLIREMENTS FOR CONTRACT BETWEEN :\lONROE COFYfY, FLORIDA AND Recognizing that the work governed by this contract involves the servicing and/or repair of County-owned vehicles, the Contractor will be required to purchase and maintain a Garage Policy to include Garage Liability Insurance extending to vehicles, owned or leased by the County, left with the Contractor for servicing, repair, storage, or safekeeping. Coverage should include, as a minimum: · Premises and Operations · Vehicle Liability · Contractual Liability · Products and Completed Operations Liability · Garage Keepers' Legal Liability, to include: Comprehensive and Collision The Garage Keepers' Legal Liability shall extend to all County-owned/leased vehicles in the care, custody, or control of the Contractor. The Contractor's insurance shall be primmy to any coverage maintained by the County. The minimum limits acceptable shall be: $ 1,000,000 Combined Single Limit (CSL) for liability $ 250,000 Garage keepers' Legal Liability The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GK2 '\dminislration Insrrudion 1!.t70'1.3 .t'! ::'00.') I dltlon GENERAL LIABILITY INSlR\NCE REQURE:\lE\'TS FOR CONTRACT BETWEE\' :\IO"ROE COCNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage ( An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims fi led on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLI \dministration Inslruction ".till'1.3 50 2(){j:\ I dllhlJl ENGINEERS ERRORS AND O:\lISSIO~S LIABILITY I~SLR\NCE REQUREl\IENTS FOR CO;\TRACT BETWEEN 'ION ROE COLNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of engineering services, the Contractor shall purchase and mai ntain, throughout the life of the contract, Engincers EITOrs and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the perfonnance of professional services or any error or omission of the Contractor arising out of work governed by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate ( \f.,- EOI \dmimstration InstrlH:tlnfl .!.till'1.3 ';1 '::lJ1l5 I dlllOn I:::'IGINEERS ERRORS AND O\IISSIONS LIABILITY INSl:RANCE REQURE:\lENTS FOR CONTRACT BETWEEN :\10!\lROE COlNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of engineering services, the Contractor shall purchase and maintain, throughout the life of the contract, Engineers Errors and Omissions Liability Insurance which will respond to damages resulting from any claim aIising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $500,000 per Occurrence/$I ,000,000 Aggregate E02 Admlni:..tralinn In~fruction .'.t71l').3 "2 .:'UO) hhtron ENGI'iEERS ERRORS :\1'iD O:\lISSIONS LIABILITY I'iSlR\1'iCE REQlIRE:\IENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA :\1'iD Recognizing that the work governed by this contract involves the furnishing of engineering services, the Contractor shall purchase and maintain, throughout the Ii fe of the contract, Engineers En-ors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the perfornlance of professional services or any error or omission of the Contractor arising out of work govellled by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $1,000,000 per Occurrence/$3,000,000 Aggregate EOJ ,-\Jrniri...,tration fnstnH.:tlon ".t1()Q.J "3 .....~.,i, ~ .2!i05 J tlluiln ENGI"EERS ERRORS AND O:\IISSIONS LIABILITY INSl'RANCE REQl:IRE~IENTS FOR CONTRACT BETWEEN :\IO\'ROE COUNTY, FLORIDA AND Recognizing that the work govemed by this contract involves the furnishing of engineering services, the Contractor shall purchase and maintain, throughout the life of the contract, Engineers Em)rs and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. This insurance shall be maintained in force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $5,000,000 per Occurrence/$I 0,000,000 Aggregate E04 \(Itlllnl;,tratinn rn~trucllOn -'4Ctj'iJ 5.t 20Q) hill Ion GENERAL LIABILITY ."SLRANCE REQURE:\lEyrS FOR CONTRACT BETWEEN :\lONROE COLNTY, FLORIDA AND Prior 10 the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve ( 12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLI i\Jministrati,)n InstnJ~ti()n C14709.3 55 2(/1}5 I dlllllfl INSlR\'iCE REQlIREi\lEYfS FOR CONTRACT BETWEEN :\lONROI<= COlNTY, FLORIIH A.\fD Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage ~,'1i r;~.~: - An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl \dministration fnstnlL'liCln "47')9.3 56 ~l/(j5 f tl1tlon GENERAL LIABILITY INSlR\NCE REQURE:\1ENTS FOR CO:\lR\CT BET\'\'EEN :\IONROE COLNTY, FLORIDA AND Prior to the commencement of work govemcd by this contract, the Contractor shall obtai n General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Propcrty Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 Admini;-..tratinn In:-.truction d4709.3 57 /' 2005 I dltHlIl GE:\ERAL LIABILITY INSLRANCE REQURE:YIENTS FOR CONTRACT BETWEEN \ION ROE COLNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $5,000,000 Combined Single Limit (CSL) An Occun.ence FOIm policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. "~~ (~iw GL4 <\drnini:-.frati()n In:.tnlction ''-t70!) 3 'S .":'O{j~ I dlllll!l GENERAL LIABILITY INSlR\NCE REQURE:\lENTS FOR CONTRACT BETWEEN :\-IONROE C()l;NTY, FLORIDA AND Prior to the commencement of work govemed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability . Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $10,000,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. ( The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL5 ,\dmini\lratlOn In,.,tnlClion "470'1.3 5'1 2lJ05 f ,!l1!(\11 LlQt:OR LIABILITY I"SLRA:\!CE REQl'IRE:\lE!\TS FOR CONTRACT BETWEEN :\10!\ROE COt:NTY, FLORIDA AND Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the Contractor's General Liability policy. The Monroe County Board of County Commissioners will be included as Additional Insured if a separate Liquor Liability policy is provided. GLLlQ ,-\drnini~!ra!j\)n In:-.truclion '.170'1.3 6Il ~I)W; I dlllllll GE'iERAL LIABILITY INSl:RANCE REQlIRE:\lE"TS FOR CO~TRACT BETWEEN :\IO"ROE COL"iTY, FLORIDA AND Recognizing that the work governed by this contract involves providing of guards and other security services on oroffCounty property, the Contractor's General Liability Insurance policy must extend to, and be no less restrictive, than an acceptable Law Enforcement Liability policy specifically providing coverage for intentional acts, which coverage must include any violation of the constitutional right of any person for damages and attorney's fees under anyone or more of the following civil rights statutes: 42 USCA 1981,42 USCA 1982,42 USCA 1983,42 USC A 1985,42 USCA 1986 and 42 USCA 1988. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLS .\dmJni~tr3ti(m In;-,Iructinn 'f.J7(J<i..1 61 ~()Wi j dll!OH GE;\iERAL LIABILITY INSlRANCE REQlIRE:\IE:\TS FOR CONTRACT BETWEEN MO"ROE COlNTY, FLORIDA AND Recognizing that the work govcllled by this contract involves either underground exposures, explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance policy. GLXCl! Administration In:-.lruclion ".t70'!.3 112 ~Ol),':;; hJlllPIl AIRPORT LIABILITY A:\D HA~GARKEEPERS LEGAL LIABILITY I:\SLRANCE REQURE:\lENT FOR CONTRACT BETWEEN "10NROE COl:NTY, FLORIDA AND Recognizing that the work governed by this contract involves the repair, servicing, maintenance, fueling, or storage of aircraft, the Contractor will be required to purchase and maintain, throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the Monroe County Board of County Commissioners as Additional Insured. The minimum limits of liability shall be $300,000. HKLI Administration Instruction 'J.t709.3 113 ~IH)) f dUHlrl AIRPORT LIABILITY A;'\ID HA:".'GARKEEPERS LEGAL LIABILITY Ii'iSlRANCE REQl:IRE\-IE:\T FOR CO"TRACT BETWEEN :VlONROE COLNTY, FLORIDA A;'IiO Recognizing that the work governed by this contract involves the repair, servicing, maintenance, fueling, or storage of aircraft, the Contractor will be required to purcha~e and maintain, throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the Monroe County Board of County Commissioners as Additional Insured. The minimum limits of liability shall be $500,000. HKL2 .\dminlstr:lti\)f1 In:-.trut'tion '14709.3 11.t -~_L ,.",;;t.,"- \> ~jHr::; t dlll\lfl AIRPORT LIABILITY AND HA"'iGARKEEPERS LEGAL LIABILITY INSl'RANCE REQl"IREME\'T FOR COC'lTRACT BETWEE:'II :\10\'ROE COl:NTY, FLORIDA AND Recognizing that the work governed by this contract involves the repair, servicing, maintenance, fueling, or storage of aircraft, the Contractor will be required to purchase and maintain, throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the Monroe County Board of County Commissioners as Additional Insured. The minimum limit" of liability shall be $1 million. HKL3 \Jministration In:.;,fruction .,.t 70'1.3 115 ~l)q5 hlltHHl AIRPORT LIABILITY AND IIA:\GARKEEPERS LEGAL LIABILITY INSlRANCE REQLlRE:\lE.'IT FOR CO.'lTRACT BETWEEN :\lO.'IROE COLNTY, FLORIDA AND Recognizing that the work governed by this contract involves the repair, servicing, maintenance, fueling, or storage of aircraft, the Contractor will be required to purchase and maintain, throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the Monroe County Board of County Commissioners as Additional Insured. The minimum limits of liability shall be $5 million. HKL4 /\dI11Jnislrati\ln fn~trudion 'Q7il'i.3 66 2f}()) ! (huoll I:'oiSTALLATIO~ FLOATER INSt:RA\'CE REQt:lRE:\1E~TS FOR CONTRACT BETWEEN :\10\'ROE COUNTY, FLORIDA A~D The Contractor shall be required to purchase and maintain throughout the life of the contract, and until the project is accepted by the County, Installation Insurance providing coverage for machinery and equipment, governed by this contract, while being transported, installed and tested. As a minimum, coverage shall include: Fire Explosion Civil Commotion Aircraft Lightning Collapse Vandalism Flood Windstorm Stri kes Malicious Mischief Hail Riots Vehicles The policy limits shall be no less than the amount of the machinery or equipment being installed. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee as their interest may appear. IF Administration InstnH.:tion 1147119.3 117 '0)&' L-~--: :::"' "",.,:; ~.,~~ ~()II:\ hhtltlll \IEDlCAL PROFESSIONAL LIABILITY I:'-iSt:RA\'CE REQURE\IENTS FOR CONTRACT BETWEEN :\IONROE COl:NTY, FLORIDA AND Recognizing that the work govemed by this contract involves the providing of professional medical treatment, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to the rendering of, or failure to render medical professional services under this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$750,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. IVIEDI AJrnini:-,tration Instnj('linn ".t70'1.3 6R ~li05 I dlllllll :\IEDlC\L PROFESSIO;'liAL LIABILITY INSlR\NCE REQURE\IENTS FOR CONTRACT BET\\EE\' \IONROE COLNTY, FLORIDA AND Recognizing that the work governed by this contract involves the providing of professional medical treatment. the Contractor shall purchase and maintain, throughout thc life of the contract, Professional Liability Insurance which will respond to the rcndering of, or failurc to render medical professional services under this contract. The minimum limits of liability shall be: $500,000 per OccUlTence/$1 ,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period offour (4) years will be required. {: " \IED2 :\dmini~tratinn In~lruclion 'i.t70'1.3 119 ~l)(j::; hhtlll/l ( :\IEDlC\L PROFESSIO~.\L LIABILITY INSlRA'iCE REQURE:\IENTS FOR CO"TRACT BETWEEN :\10'lROE COL:\'TY, FLORIDA AND Recognizing that the work governed by this contract involves the providing of professional medical tn:atment, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to the rendering of, or failure to render medical professional services under this contract. The minimum limits of liability shall be: $1,000,000 per Occurrence/$3,000,000 Aggregate If coverage is provided on a claims made basis, an ex tended claims reporting period of four (4) years will be required. ~lED3 Admini\lr:HiGn In\lructHln iI.t70'!.3 cO ~liO:, I dtl!Oll :\IEDlCAL PROFESSIO:\AL LIABILITY INSlRANCE REQURE:\IENTS FOR CO:\TRACT BETWf:EN \IONROE COl;\lTY, FLORH>A A:\D Recognizing that the work governed by this contract involves the providing of professional medical treatment, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to the rendering of, or failure to render medical professional services under this contract. The minimum limits of liability shall be: $5,000,000 per Occurrence/$I 0,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. MED4 \dminfslralinn rn~ff1Jt'ti{Hl ".t7!)Y.3 71 ~fi05 I dlllOIl I:\SlRANCE REQURDIENTS FOR CONTRACT BETWEE~ :\IONROE COL:"iTY, FLORIDA AND Recognizing that the work governed by this contract involves County property being transported by the Contractor. and that most liability policies exclude coverage for such items, the Contractor will be required to maintain Motor Vehicle Cargo Insurance in amounts 110 less than the replacement val ue of the property in the possession of the Contractor. Maximum Value of the County's property which is in the possession of the Contractor: $ Must be completed by theDepartnlcIlt NOTE Ifa "Free on Board" (FOB) bill of lading is utilized on incoming property, and if the County does not assume title until the property is delivered, the Contractor does not have to show evidence of Motor Vehicle Cargo Insurance. MVC Admini:-.lratinn In".trucllon 'i.t~n'!.J 72 21105 r dlll(\1\ >~~ _=-..4' POLLlTlON LIABILITY '''SlRANCF: REQUREMENTS FOR CONTRACT BETWEEN \10NROE COt:NTY, FLORIDA AND Rccognizing that the work govelllcd by this contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a pollution incident. The minimum limits of liability shall be: $500,000 per Occurrence/$I ,000,000 Aggregate If coverage is provided on a c1ai ms made basis, an ex tended claims reporting period of four (4) years will be required. POll ,\dmini~lr(l(it1n In,tructinn ,;.170'1.3 73 ::'()!l<: Ldll1\lIl POU.LTIO~ LIABILITY INSlRANCE REQURE\lE~TS FOR CO~TRACT BETWEEN :\IO;\lROE COl;\lTY, FLORIDA AND Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a pollution incident. The minimum limits of liability shall be: $1,000,000 per Oecun-ence/$2,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. POLl \dm:n!:-.fratidn Inslru(tion ;:....Jj(;9,J '.t ~ii1)':; I d!!lon POLLFrlON LIABILITY I\iSlRANCE REQlIRE:\lEyrS FOR CONTRACT BETWEEN :\lO\'ROE C(RNTY, FLORIDA AND Recognizing that the work governed by this contract involves the storage, treatment, processing, or transp0l1ing of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a pollution incident. The minimum limits of liability shall be: $5,000,000 per Occurrence/$I 0,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period offour (4) years will be required. POl3 \dmiOlstr:ltion In~tructlOn .t~09.3 75 :'I)i)~ I dllHIlI POLLlTlON LIABILITY I\'Sl'RA\'CE REQURE:\lE:\TS FOR CO:"tiTRACT BETWEE\' :\IONROE COlNTY, FLORIDA AND Recognizing that the work govcrned by this contract involves the storage, treatment, processing, or transporting ofpotcntially polluting material, the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a discharge of wastes which are governcd by this contract. The policy must specifically idcntify this contract and specify that coverage will extend to all losses, claiming pollution or environmental impairnlent, arising out of the services governed by this contract. The minimum limits of liability shall be: $1 Million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (I) year will be required. The Monroe County Board of County Commissioners shall be named as an Additional Insured. POL4 \dmlObtratiof1 Instrudinn ".t711'!.J 76 .1(/05 hlll/ull POLIXTIO" LIABILITY INSLRA"CE REQlIRE:\lE1\ITS FOR CONTRACT BETWEEN \IO"ROE COL\TY, FLORIDA A:\'D Recognizing that the work governed by this agreement involves potentially polluting material, the Licensee shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a discharge of wastes from a Sewer Force Main, owned by the Licensee, installed on a County right-of-way. The policy must specifically identi fy this agreement and specify that coverage will extend to all losses, claiming pollution or environmental impainllent, arising out of the lights granted to the Licensee by this agreement. The minimum limits of liability shall be: $1 Million per OcculTence If coverage is provided on a claims made basis, an extended claims reporting period of one (I) year will be required. The Monroe County Board of County Commissioners shall be named as an Additional Insured. POLS \dministration fn~truclion ,1.j:1l9.3 '! .~ ',;:g 2005 ) {hfl(lll PROFESSIONAL LIABILITY I:\SlR\NCE REQURE:\IENTS FOR CONTRACT BETWEEN :\IONROE COlSfY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout thc life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the pcrformance of professional serviccs or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 pcr Occurrence/$500,000 Aggregate c PROl \dminl:-.lratll)n fn:itruClion 'i.t70'U is ~005 f dllroll PROFESSIONAL LIABILITY INSl"RA."iCE REQURE:\IENTS FOR CONTRACT BETWEE~ \10NROE COl'~TY, FLORIDA A~D Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$I ,000,000 Aggregate PR02 \dmimt-lralii)n In:;tnlclion ;;470'1.3 7'1 2()!)~ I dtflllll PR()FESSIO~.\L LIABILITY INSLRA~CE REQURE:\'IE"TS FOR CONTRACT BETWEEN :\IO:\ROE COl'NTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any c1ai 111 arising out of the perfonnance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $1,000,000 per Occurrence/$2,000,000 Aggregate PR03 Administration Inslruction .'.t709.3 xo tic i\_. _~()i)5 I dl!ltlll POLLLTIO."l LIABILITY I"SlR\.'iCE REQURE:\IE'JTS FOR CO\'TRACT BETWEEN :\lONROE COlSI'\', FLORIDA AND Recognizing that the work governed by this contract involves the maintenance and operation of fuel tanks, the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a pollution incident, consistent with Florida Statute 376.3072. lJST Admini:-.frati\)n Instruction 'Q709.3 S I 2(j(j5 !-dllli)Jl VEHICLE LIABILITY I~SlR\NCE REQURE:\IE~TS FOR CO~TRACT BETWEEN :\IONROE COU"TY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Administration fnstnlclion "4-1)9.3 X2 ~oo:' J dllllln VEHICLE LIABILITY INSlR:\NCE REQURE:\IENTS FOR CONTRACT BETWEEN \lO:'oiROE COl'N"fY, FLORIDA A!'If) Recognizing that the work gO\ erned by this contract requires the use of vehicles, the Contractor, prior to the commencemcnt of work, shall obtain Vehicle Liability Insurance. Covcrage shall be maintained throughout the life of the contract and include, as a minimum, liability covemge for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. vu \(imini",tratillfl [nstnlcfi\)n .c.t7<)Q.3 SJ ~(jO) I dlllnn VEHICLE LIABILITY I:\Sl'RANCE REQURE:\IENTS FOR CONTRACT BETWEEN \10NROE COt'\iTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLJ .-\dmini:-.tLltion In:-.lructi(1O ..t709.3 q :?O()5 I dl1!llll VEHICLE LIABILITY I"SlRA\'CE REQl'IRE:\IENTS FOR CO\'TRACT BETWEEN :\10NROE COLNTY. FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liabi lity Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $5,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $1,000,000 per Person $5,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL4 ,-\dministration Inslructinn ".t709.3 X5 ~ljl)5 I dllHlII IL\Z.\RDOl'S C\RGO TRANSPORTERS LIABILITY I'iSl'RA"iCE REQURE:\IENTS FOR CONTRACT BET\VEE" :\10NROE COlf\'TY, FLORIDA AND Prior to the commencemcnt of work governed by this contract, the Contractor shall purchase Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by motOlized vehicles. In compliance with the Motor CarTier Act, the policy should be endorsed with an MCS-90 Endorsement, dcmonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy shall be removed. The minimum limits acceptable shall be: $300,000 per Occurrence VLPI \dmlni:-:fralinn rn~frllC[lI._ln ',.t"'iI'l.3 SfJ ~005 J dl/lOfl IL\ZARDOl'S C\RGO TRA"SPORTERS LIABILITY INSlRA\'CE REQlIRE:\IENTS FOR CONTRACT BEn\EE~ :\10~ROE COt:~TY, FLORIDA AND Prior to the commencement of work govell1ed by this contract, the Contractor shall purchase Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance with the Motor Carrier Act, the policy should be endorsed with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy shall be removed. The minimum limits acceptable shall be: $500,000 per OccUlTence VLP2 \dmin!;,lratl\lO In;-.,trw.:tinn 1:47il\f.] :\7 ~(jf):; hlJlI(lll IL\ZARDOl'S CARGO TRANSPORTERS LIABILITY INSLRANCE REQURE:\IENTS FOR CO~TRACT BETWEEN :\lONROE COLNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall purchase Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance with the Motor Canier Act, the policy should be endorsed with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy shall be removed. The minimum limits acceptable shall be: $1,000,000 per Occurrence VLP3 Admini:.,tr;jtli1n InSlmcti{)O "4 ;1)9.1 .'\X .2fJt)) r dl!lOl1 WORKERS' CO:\IPE~SATlON I:';SLRANCE REQUREMENTS FOR CONTRACT BETWEEN :\IO\'ROE COt:NTY, FLORIDA A~D Prior to the commencemcnt of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to rcspond to FIOlida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. /', \. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCl \dmll1istr,ltinn Instrut.:tion "-,70'1.J R9 21)1)) hJUllllI WORKERS' CO:\IPE.'\iSATION I:\iSlRANCE REQURE:\lE:\TS FOR CONTRACT BETWEEN \lONROE COLNTY, FLORIDA A;\iD Prior to the commencement of work govelllcd by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. \VC2 \dmlni:-.tration Instruction cq7il9.J 91) ,~{){)-" ! dllHlIl WORKERS' CO"PENS.\TIO~ I~SlR\~CE REQlIRDlENTS FOR CO"TR\CT BETWEE\' :\10NROE COt:~TY, FLORIDA AND Prior to the commencement of work gO\ emed by this contract, the Contractor ,hall obtain Workers' Compensation Insurancc with limits sufficient to rcspond to the applicable ,tate statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire tenn of the contract. Coverage shall be provided by a company or companies authOlized to transact business in the state of Florida. If the Contractor has been approved by the FIOIida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WO \tfmlni:-.lr;}fitln Ifhtrw.:tllm i.t711'U 'II "~l)i):" r dHI'lll WORKERS' CO:\lPENSATIO\' I:\Sl'RANCE REQURE\lE:\TS FOR CONTRACT BETWEE;\' \IO\'ROE COC\'TY. FLORIDA A;\I D Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $5,000,000 Bodily Injury by Accident $5,000,000 Bodily Injury by Disease, policy limits $5,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authOlized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate ofInsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC4 \JministLllinn Instrw.:linn ,q"I)'U '1' ~q()5 I d!11dll WORKERS' CO:\lPENSA 1'101'1 I:'IiSl'RANCE REQURE\IENTS FOR CONTRACT BETWEEN \lO"ROE COL;NT\', FLORIDA AND Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.c.A. subsection 688) with limits not less than those specified for Employer's Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. WCJA -\dmini:,,!rafion fnqruction ".te(j'l.J '13 ~\JO~ hlHlllll WORKERS' CO:\IPENSATlON INSlR:\NCE REQURE:\lENTS FOR CO~TRACT BETWEEN :\10NROE COL~TY, FLORIDA A~D Recognizing that the work govemed by this contract exposes the Contractor's employees to work subject to the United States Longshoremen and Harbor Workcrs (USL&H) Act (33 USC sections 901-950), the Contractor's Workers' Compensation Insurance policy shall include USL&H coverage with limits not less than those specified for Employers' Liability. WCTSLH \dmllll:--tr:ltll'n Ilblructil,n "'~ 7093 9~1 ~1)05 I dlll(ltl WATER CRAFT LIABILITY I:\SlR\l\ICE REQURE:\IENTS FOR CO:\TRACT BETWEEN :\10\'ROE COl:NTY, FLORIDA ANI) Prior to the commencement of work govemed by this contract, the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: Injury (including death) to any Person · Damage to Fixed or Movable Objects · Costs Associated with the Removal of Wrecked Vessels · Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. WLI Admini:"\!rJlinn fn.....lructinn ,,1709.3 '1, .='1)0:1 I dllHifl WATER CRAFT LIABILITY I'iSlR\\'CE REQURE\lENTS FOR CO "TRACT BETWEEN :\IO"ROE COlNTY, FLORIDA A"D Prior to the commencement of work govemed by this contract, the Contractor shall obtain Water Craft Liability Insurance with tenns no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and inelude, as a minimum: · Injury (ineluding death) to any Person · Damage to Fixed or Movable Objects · Costs Associated with the Removal of Wrecked Vessels · Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $1 Million Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. WLl MONROE COUNTY, FLORIDA .\dmini:-.tr:ni{1n InstructIOn ".t ~I)q .~1 '16 .~l)!j5 I dllJon RISK :\1ANAGEl\'IENT POLICY AND PROCEDlRES CO:\TRACT AD:\lI\'ISTRA TION :\1ANL\L Indemnification and Hold Harmless for Construction Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including properiy owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, elTors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ( \ ccs \dminislrJlion In'..lnJcti\ln '4:{)'13 '17 21105 I dlll(11l \IONROE COl':>iTY, FLORIDA RISK \lA~L\GE:\IENT POLICY A~D PROCEDlRES CONTRACT AD:\II:>iISTRATlO\' :\1ANlAL Indemnification and Hold lIarmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harnlless Monroe County Board of County Commissioners from any and all claims for bodily injury (induding death), personal injury, and property damagc (including property ovvned by Monroe County) and any other losses, damages, and expenses (induding attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligencc, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, thcir employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspcnded as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased cxpenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS :\;IONROE COU~TY, FLORIDA ,\drnilli~trJtion In"trUl:fil)n '.t7i1'1.3 'is :110" h.hflon RISK \I.\"IAGE:\IE"IT POLICY AND PROCElRRES CONTRACT .\IHIINISTRATIO\' :\lANL\L Indemnification and Hold lIarmless for Public Welfare and Special Events The Promoter or Provider of the Special Event (hereafter referTcd to as Promoter) covenants and agrees to indemnify and hold harnlless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages. and cxpenses (including attorney's fees) which arise out of, in connection with, or by reason of the event sponsored by the Promoter. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained e1sewherc within this agreement. PWSE MONROE COUNTY, FLORIDA RISK MA;\iAGE:\IENT ,.\dministratinn Instnl('lilln "~ 70'13 99 21)t}5 I dl!h.\fl POI.ICY ,\ND PROClmlRES CO:\TRACT AD\IINISTRATlO:'>i :\lA~l' AL Indemnification and lIold lIarmless for Inter-Governmental Agreements The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 and 440, arising out of the activities governed by this agreement. Each palty shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party hannless from all claims arising out of such actions. r \0 INTL MONROE COUNTYMONROE COUNTY, FLORIDA RISK MANAGEMENT \dministf<Jlilln In,,tructi..Jo 'Q(1)'1] lilil ~ons ) dltl\lH POLICY AND PROCEDlRES CONTR\CT AD:\lINISTRATION :\1A:\ILAL Indemnification and Hold Harmless for Airport/Aircraft Activities The Vendor covenants and agrees to indemnify and hold hallllless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injUlY, and property damage (including propel1y ovvned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Vendor or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. AIR MONROE COUNTY, FLORIDA RISK :\lA:\IAGEME:\IT POLICY A:\ID PROCEDURES \Jlnini:--lnliiHl In:--lniCli\)n ,,~"1)'1.3 1111 '::005 f dllltlll CONTRACT .\IHII:\ISTRATION :\lA~l' AL Indemnification and Hold Harmless for Organizations!1 ndhiduals Leasing County-Owned Property The Organization/Individual covenants and agrees to indemnify and hold hamlless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Organization! Individual utilizing the property govemed by this lease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ( \,:' PROP MONROE COUNTY, FLORIDA RISK MANAGE;\<lENT POLICY l~'1D PROCEDt:RES CONTRACT ADMINISTRATION \dmini..,tr,lIion Instruction ,.t711'1.3 1112 ~(I1)'i 1 dl(!Ol1 \lANl'.\L ....f"'-";".}, WAIVER OF I:\'StRA:\CE REQlIRE:\IENTS 'here will be times when it \\ill be necess,lIY. or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potcntial, and acting on the advicc of the County Altorm:y, the Board of County Commissioners has granted authorization to Risk Management to waive and modi fy \ arious insurance prOVISions. Specifically excluded from this authorization is the right to waive: · The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and · The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other paliy may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. \dmini:-.lr,l1il\n In:-.trtH:tlOn ".17'14.3 1111 \ION ROE COlNTY, FLORID.\ Request For Waiver of I nSllrance Requirements ~IJO';; I dlltflll It " r~yu,"l<:d Ih'll Ih,' IIl'Ur;lIlL'~ r~yu"el11~lllS. '" 'I)l"cill~d "llh~ Cl\lJJ1ly\ <';eheduk of Ilhuralll',' Rc'yulrelllc'lllS. h~ \\.aivcJ or ll10dilieJ \)11 {hi.-' 1~)lIowil1g cOlltract C,llltLILlnr COlltra~t I()f' Addre,.;,.; of C'\lllral"lor: Pholl~: Seop~ of Work: Reasoll t'l}' Waivcr Policics Waivcr will apply to: Signature of Contractor: Risk Managcm~nt Date County Administrator appcal: Date' Approved "pproved: Board of County Commissioncrs appcal: :vte~tillg Dalc \dminL...Ir:tlltm In,tm(!l\)n ".1")'1.3 Approv~d: Not Approvcd _______ Not Approved: Not Approved: IrJ.t 2\)1)) ! dlll.)fl :\IO.'\ROE COLNTY, FLORIDA RISK \L\N.\GE\IEYf POLICY .\'\D PROCEDLRES CONTRACT AD\lINISTRATlON :\L\Nl: .\L Glossary Workers' Compensation and Employers' Liability Insurance pro\ ides coveragc for cmployees who suffer an on-the-job injury. Nearly all cmployers in the State of Florida arc required, by statute, to purchase Workers' Compensation. Fines and penalties can be levied upon any finll that fails to comply with the law. More important, the County can be held responsible for the benefits owed to an employee of a contractor or subcontractor if they fail to maintain Workers' Compensation insurance, Since Monroe self-insures its workers' compcnsation cxposure, the assumption of anothcr tirnls claims could have serious economic impact on the County's budget. Workers' Compensation Insurance pays for the medical expenses of employees that suffer a job related injury. In addition, the injured employee is entitled to a portion (usually 66'%) of his pre- injury wage, subject to a maximum established by the State. Normally, the injury must prevent the employee from working for a period of fourteen days before he can collect any lost wages. A standard Workcrs' Compensation policy does not have a specific limit and indicates that all statutory benefits will be paid. With few exceptions, benefits are paid without regard to fault and the employer has limited defenses available which will pernlit a denial of a claim. In return for this light, the employee waives his right to sue his employer under tort (negligence). This is commonly referred to as the "Sole Remedy Provision". c Since the coverage under a Workers' Compensation policy is so broad, most job related injuries are covered under this policy. Occasionally, coverage may not respond to the claim or the employee is successful in circumventing the Sole Remedy Provision. To protect the employer for such cases, most Workers' Compensation policies contain a separate section entitled "Employers'Liability". Unlike Compensation coverage, which has no specified limits, Employers' Liability coverage contains a per accident limit and a total policy limit. In addition, a separate limit for disease related claims often applies on a per employee basis. General Liability Insurance is designed to protect a firm from third party claims for bodily injury and property damage which arise out of the operations of the Organization. Third parties may be members of the public, another Contractor, or the County itself. Limits are usually provided on a per occurrence (accident) basis with a separate annual limit for all occurrences. There are two broad categories of General Liability Insurance. The first is offered on a "Claims Made Basis" and the second is offered on an "Occurrence Basis". A Claims Made policy requires that the claim be reported to the insurer during the policy period while an Occurrcnce policy will respond to an accident that took place during the policy term regardless of when the actual claim was made. Normally, the County prefers that all General Liability Insurance be provided on an Occurrence Basis. Risk Management should be consulted to assist in the establishment of verification procedures whenever a Contractor provides a Claims Made policy. \dminhlratinn fn:--tr1Ji'::flon ".\-Ii'U 1115 .::'(0) hl1ltll!l Another concel1l that desef"\es further discussion is Contractual Liability, Some General liability policies e.\clude or limit coverage for liabilities assumed under ~ontract. Unless Contractual Liability is prmided, coverage for the County may not be a\ ailable. Additional Insured is a method ofallo\\ing the County to have direct access to the Contractor's insurer in the e\ent they are included in a law suit arising out of the pert()1111anCe of the contract. The County \\-ill generally require that they be added as an Additional Insured on all policies except Workers' Compensation. Vehicle Liability Insurance provides protection for vehicle related claims which are n0l111ally excluded from coverage undcr a General Liability policy. If automobiles will be used in conjunction with the project. Vehiclc Liability Insurance will be required. Limits can be provided in two ways. Combined Single Limits (CSL) furnish a single amount of coveragc tor claims rcgardless whether they are for bodily injury or propcrty damage. Split Limits furnish separate amounts for bodily injury claims and property damage claims. The County prefers CSL Umbrella Insurance (Excess Liability Coverage), while not specifically included in the required coverages, is a type of insurance purchased by a firm in an effort to increase the limits of liability on their General and Vehicle Liability coverages. It often increases the Employers Liability limits as well. Frequently an Organization needs or desires higher limits than are traditionally available on primary insurance policies. Umbrella or Excess Liability Insurance fills this void. Professional Liability provides liability coverage for claims arising out of the fUl1lishing, or the failure to furnish professional services. Such claims are normally excluded from General Liability Insurance. Miscellaneous Other Coverages contained within this Manual, and not addressed above, can be discussed with Risk Management and further explanations can be obtained if questions or problems arise. Risk Management is a process designed to reduce losses and minimize the adverse effects of losses that do occur. Risk Management can be viewed in two dimensions: a decision process and a management process. Risk Management viewed as a decision process includes: ./ The identification of exposure to loss; ./ Evaluating the potential impact of a loss; ./ Reviewing alternative techniques for handling the loss; ./ Selecting the most appropriate technique; and ./ Monitoring the results and making adjustments where needed. Risk Management viewed as a management process entails four basic functions: ./ Planning what must be done to protect the County against the adverse effects of accidental losses; ./ Organizing personnel and other resources to carry out the results of the planning; ./ Motivate personnel throughout the County to accomplish its goals; and ./ Monitor the results of the program, making adjustments where needed. \dmlnl:-.lr:ltit)n In~tnl(tlim .'.t~li'1., 11111 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19. 2007 Division: Employee Services Bulk Item: Yes ---X- No Department: Employee Benefits Office Staff Contact Person: Maria Z. Fernandez-Gonzalez AGENDA ITEM WORDING: Approval of contract amendment to adopt and make retroactive to September 20. 2006 Attachment B. which was inadvertently omitted in the service agreement effective September 20, 2006 for Third Party Administration of the Monroe County Board of County Commissioners Workers' Compensation Program by Preferred Governmental Claims Solutions (PGCS). ITEM BACKGROUND: PGCS originally contracted with MCBOCC April 1996; RFP done 2006 recommending continuation of the contract with PGCS. PREVIOUS RELEVANT BOCC ACTION: Contract approved September 20.2006 for a one vear term. CONTRACT/AGREEMENT CHANGES: Adopt and make retroactive to September 20,2006 Attachment B. STAFF RECOMMENDATIONS: Approval TOTALCOST:~94,500.0g~~~~UDGETED: Yes -X- No_ COST TO COUNTY: $94 500.00 "~CS<~RCE OF FUNDS: Primarily Ad Valorem tI'\i'- Ia..a+ '5 ~'1"(:t.~. REVENUE PRODUCING: Yes N ~ AMOUNTPERMONTH ~ - APPROVED BY: County Atty (j chasing _ Risk Management .Ill? DOCUMENTATION: Included X To Follow_ Not Required_ Year X DISPOSITION: AGENDA ITEM # Revised 08/06 O,~~,~y ~o~~~~E (305) 294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 - Fax TO: l'.' -". ,,..--....-- , BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 6~~ln' "~. - ~ . ~_.. I'~" \\~ ::~.- ,--;-./> .~""I'IJ ......::. ~ Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Directo J DATE: July 2,2007 SUBJ: BOCC Meeting December 19,2007 PGCS Contract Amendment This item requests approval to adopt Attachment B that outlines additional services that PGCS will perform in addition to those services outlined in their current contract. The BOCC previously approved the current contract on July IS, 2007. The approximate cost of the services as outlined in Attachment B amount to approximately $2,000 per year and is based on last year's expenditures (3 subrogations and approximately 42 1099's processed). It was recently found that this attachment was inadvertently omitted from the initial contract and therefore needs to be adopted and made retroactive to September 20,2006 and shall expire at the end of the current term of the contract which will be September 19, 200S. The current contract amount was previously approved at $94,500.00 and these additional services as outlined in Attachment B (totaling approximately $2,000) would be paid to PGCS in addition to the current contracted amount. It is therefore the recommendation that the Board approve the request to adopt Attachment B which is projected to cost approximately $2,000 this fiscal year. If you have any questions on this item, please do not hesitate to contact me at X445S. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Preferred Governmental Effective Date: September 20,2007 Claims Solutions (PGCS) Expiration Date:September 19.2008 Contract Purpose/Description:Approval of contract amendment to adopt and make retroactive to September 20. 2006 Attachment B, which was inadvertently omitted in service agreement effective September 20. 2006. Contract Manager: Maria Z. Fernandez-Gonzalez (Name) 4448 Employee Services (Ext. ) (Department) for BOCC meeting on December 19, 2007 Agenda Deadline: December 5, 2007 _ilme~mr' C01'!:r~CT COSTS Total Dollar Value ofContract:~W~ ' Current Year Portion: $_ Budgeted? Yescgj No 0 Account Codes: 501-07502-530310-_-_ 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 ~~<;ted tievicrwer Division Director 13.L/{>:: Yes[0 NoD _ n ... ~ If2.!::I-[)t RiskMana~ment~ lfi-oJ YesD Noel ~_~ '\d.-:f:Ol t~./pu~~-:: rL-~ .0JYesD No[l --K ~/ ,:d.iLbi County Attorney clilir Y~sDNolIJ ~ 1-.~ 1'>-~1- Comments: fi;),DOJ~~+ bd-Md~pr~Ol1/.V~ j)pfUtcJ-l'-fu,~~, (Ut ~). OMB Fonn Revised 9/11/95 MCP #2 UC~-~~-C~~( ~(;~j rrom;~~~~ .5clts.5cl"t"tts IO:...J1:j::>c';;c"t"t::>c ~.l/l AMENDMENT TO SERVICE AGIU~RMRNT 8.:TW~:EN MONROE COUNTY AND PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS THIS AGREEMENT, made and entered into this 19th day of Oecember, 2007 by and between Board of County COlllmissioners of Monroe County (hereinafter called "Employer") and Preferred Governmental Claims Solutions, u Plorida Corporation, hereinafter referred to 8.'1 "PGCS". WHEREAS, thc Employer presently receives third pal1y administration (TP A) services from PGeS tor claims management services for its Workers' Compensation risks, and desires to have pacs provide specific services in connection with such claims programs; and WHEREAS, the services provided by PGCS are defined in a service agreement hetween the Employer and Foes dated April 1, 1996; and WHEREAS, said agreement was renewed March 19, 1997; July 8, 1998; AUbTUst II, 1999; July J 7, 2002; October I, 2003; May 11, 2004; January 18, 2006; and WHEREAS, a new service agreement was entered September 20, 2006, between the parties, and WHEREAS, said agreement was renewed July 18,2007; and WHEREAS, Attachment B was inadvertently left out of the service agreement entered September 20, 2006 into between the parties; and NOW THEREFORE, the parties hereto agree as follows: I) Adopt and make retroactive to September 20, 2006 Attachment B. 2) [n all respects the tenns and conditions of the original agreement remain in full force and effect. IN WITN.ESS WHEREOF, the Employer and Contractor have caused this amendment to agreement to be executed this r 1 day off ].20[]. ATTEST: DANNY L. KOLHAOE Board of County Commissioners of Monroe County By: By~. __... Deputy Clerk Mayor Witness (/;i~~ , President .- --. .By AL. A ASSISTA T COUNTY ATTORNEY I '" .., _ ..,,,,'\~ ATTACHMENT "B" Monroe County BOCC WORKERS COMPENSATION CLAIMS ADMINISTRATION FLAT RATE: FY 06/07 FY 07/08 FY 08/09 $90,000 $94,500 $100,000 Above pricing is on a per year basis. All services are invoiced on a monthly basis. 1099's are processed for a fee of$10.00 per form All subrogation is handled for a flat rate of $500.00 per claim. The fees listed do not include Managed Care services. Managed Care services can be quoted upon request. PGCS receives no monetary rebates, commissions and/or other incentives from the use, recommendation or assignment of any outside/allocated service including but not limited to; managed care, surveillance, transportation, rehabilitation and medical providers. All pricing and services are for life of contract only. RENEWAL AGREEMENT This renewal agreement is entered into by and between Board of County Commissioners of Monroe County, Florida; 1100 Simonton Street, Room 2-268; Key West, Florida 33040 (hereafter Employer) and Preferred Governmental Claims Solutions, a Florida Corporation, P. O. Box 958456, Lake Mary, FL 32795-8456, (hereafter PGCS). WHEREAS, on September 20, 2006, the Employer and PGCS entered into an agreement (hereafter the original agreement) whereby PGCS perfonns claim administration for the Employer's workers' compensation program; and WHEREAS, the current renewal will expire on September 19, 2007 and the Employer desires to extend the original agreement for another year, therefore, the parties agree as follows: I. This second one-year renewal tenn will commence immediately upon the expiration of the CUrrent contract. Therefore this renewal will become effective September 20, 2007, and will expire September 19, 2008. 2. In all other respects the tenns and conditions of the original agreement remain in full force and effect. rN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this -.!.ill day of _"'-->.~~~\..~~, 2007. .,/""~ r-:- ..'...... 4...._., . .' . ~ " ~~~ 6AN'~Y L. KOLHAGE, CLERK \;~. , ; '-~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~j(}~ PREF(RRED'GOVERNMEN~CLAIMS SOLUTIONS ~. ByN 6;;if;ttcW (-' /l~~ N , )~. ~ F M ~:..:~e PresIdent - ..... 0.. " co J <.!) :.::> -cc .-- c::::lo <:::> '" -- ~'- q 0 :<: J .: r~~: . '-:u :.:U~~ 1.1- Mayor/Chainnan NATllEENE W. CASSEL ASSISTA~ COUNTY ATTORNEY ',. ? /1J? SERVICE AGREEl\Jli'lT BETWEEN MONROE COI;NTY .\1\:D PREFERRED GOVE~"iMENTAL CLAIM SOLUTIONS HilS AGREEMENT is cntcrcd into this _2(:t~y of September 20~, by :md bctwc:en Preferred Governmental Claim Solutions, a Florida Corporation, hercinaftcr n;ferred to as "PGCS", and the Monroe County Board of County Commissioncrs. hcreinafter referred to as "COUNTY". WHEREAS, PGCS submitted a bid for the opportunity to manage claims for Workers Compensation services for COUNTY; and WHEREAS, COUN1Y accepted the bid submitted by PGCS, wishes to retain the services of PGCS to provide claims management services for its Workers' Compensation risks, and desires to have PGCS provide specific services in connection with such claims program; and WHEREAS, PGCS is willing and has the ability to provide such services, NOW THEREFORE the parties agree as follows: I. TERM. This Agreement shall be effective for a period of One (I) year beginning on the date stated above, and shall remain in full force and effect for one year except as amended or terminated as hereinafter provided. COUNTY at its sole option, shall have the right to renew the contract for an additional two (2) one (I) year periods. 2. CANCELLATION. Either Party shall have the right to terminate the Agreement by giving to the other Party written notice of such termination at least Ninety (90} days in advance. COUNTY shall pay according to FLORIDA PROMPT PAYMENT ACT and under the terms set out in Section 6 of this Agreement. COUNTY'S failure to pay under the Act shall be construed as a breach of the Agreement and, in such event, PGCS shall have the right to terminate the Agreement by giving COUNTY ten (10) days' written notice. An invoice that is in dispute will not qualify as a failure to payor as a breach of the Agreement. 3. SERVICES TO BE PERFORMED BY PGCS FOR CLAIMS ADMINISTRATION. peres agrees to perform the following services with regard to CLAIMS ADMINISTRATION, PGCS shall: a. Review all claim and loss reports submitted by COUNTY to poes during the term of this Agreement and process each submitted claim or loss report in accordance with Florida Statutes. b. Conduct an investigation of each reported claim or loss under subparagraph "a" above (hereinafter referred to as a "qualitied claim or loss") consistent with standards and in sufficient detail to determine the compensability of each claim. c. Maintain a file for each qualified claim or loss which shall be available for review by COUNTY at any reasonable time. d. Adjust settle or resist all qualified claims or losses arising from COUNTY'S Workers' Compensation program with no claims being settled without the: prior Approval of COUNTY. c. Perform reasO!Ulble and l1<x:cssar)' administrative and clerical work in connection with each qualified claim or loss, including the pn..-paration of checks or vouchers, compromises, rdeast.'s, agn:cmcntsand all)' other documents to finalize a claim. r. Rt.'commcnd claim rcsencs and provide a continuous rcvic\... and updating of Ihest: l\) rdlc<.:( changes g PGCS \vill rlssist COlJNTY :Il almnging (1 loss and expt:\lso.; pJyl1h':/It accollnt. h. ProvIde lJobct: of claims and routine status n;porls to COUNTY'S Excess Insurer ill accordance with the Excess Insurer's standard reporting requirements. COUNTY will provide PGCS with the name, address and telephone number of its Excess Insurer. PGCS will fully cooperate with COUNTY'S Excess Insurer and take no action, or lack of action that will jeopardize COUNTY'S rights to recovery under the policy. \. Coordinate investigations on litigated claims with attorneys approved by COUNTY and with adjusters and attorneys of the excess insurance carrier as required. This includes the negotiation of settleml.."I1ts and preparation of subrogation and contribution actions. It is expressly understood by the Parties to this Agreement that all legal costs and loss payments will be charged to COUNTY'S Loss Fund. j. All sizable and unusual claims will be reviewed by PGCS's staff at no additional cost to COUNTY, to ensure efficient and proper administration is provided. k. PGCS will furnish one set of loss and information reports (as specified in PGCS's proposal) to: COUNTY'S Insurance Agent, COUNTY'S Risk Management Consultant and COUNTY'S Excess Insurer. I. Additional optional and ad hoc infonnation and analysis reports and services can be provided on a time and expense basis, as mutually agreed upon by PGCS and COUNTY. m. Provide COUNTY and its Excess Insurer with narrative or analytical reports on all qualified claims with a total incurred in excess of $50,000, every ninety (90) days. n, Provide COUNTY with claim and other forms mandated by the State of Florida's statutes and regulations to ensure efficient administration of COUNTY'S self-insured Workers' Compensation program. o. Investigate and pursue all subrogation and Second Injury Disability Trust Fund possibilities (to the extent permitted by law) on behalf of COUNTY. COUNTY will receive the benefit of aU recoveries associated with these activities. p. Provide all personnel necessary to effectively perform the services agreed to herein. 4. SERVICES TO BE PERFORMED BY PGCS FOR WORKERS' COMPENSATION AND MEDICAL CONTROL. With regard to WORKERS' COMPENSATION llnd MEDICAL CONTROL, PGC'S shall: a. Arrange for indt:pendcl1t medical or otht.'f experts in connection with processing qualified claims 01' 10sst.:S as is mutually agrecabk to PGCS and COUNTY. b. Pay medical and death benefits, temporary and permanent disability compensation and other losses and expenses by only if in the judgment of PGCS. such payment would be prudent for COUNTY and the anticipated amount thereof does not exceed the slnled settlement authority or, in allY case, COU!\1TY specific.1l/} approves or directs such action. ..:. Assisl in COlf~TY'S selection of a panel of physicians or other providers of health care to initially treat employees and a p~lfiel of medical specialists to pmvide long-(4.'!'1Jl or spt.'cinlty care. 2 d. COt1:;u!l II ith CUl)N r'y in order to develop ways of using an} m<.:uical I~lcility mote <..ffcctin.:lj. e Monitor [he treatment programs rL'Comlncndl.:d for employees by physicians, specialists llnd other health eare providers by reviewing medical reports so prepared and by maintaining contact with the providers as is consistent with industry standards. r. .\s COUNTY directs, assist in interpreting medical reports to consider the circumstances under which an injured employee who dcsires to do so could return to work in the shortest period of time without adversely effecting the employee's recovery. g. Assist COUNTY in arranging for rehabilitation or retraining of employCl-'S in appropriate cases; charges for these programs shall be considered allocated expense and charged to COUNTY. h. Represent COUNTY at all hearings, mediations and trials at no additional costs. With the specific approval of COUNTY, which will be proved on a case by case basis, such representation may be conducted by telephone. I. Conduct quarterly meetings (at no charge) with COUNTY officials to review the claim activity and develop methods for reducing the claim costs. Such meetings shall take place at COUNTY'S offices in Key West. Florida or at the offices of PGCS located in Lake Mary, Florida. 5. SERVICES TO BE PERFORMED BY PGCS FOR PROGRAM DEVELOPMENT. With regard to PROGRAM DEVELOPMENT, PGCS shall: a. Consult with key personnel of COUNTY on the establishment and coordination of necessary procedures and practices to meet any applicable state requirements and needs of COUNTY. b. Participate in the orientation of COUNTY'S personnel who are directly or indirectly involved in the processing of qualified claims or losses. c. Review the development of COUNTY'S program periodically with representatives of COUNTY in order to identify problems and recommend corrective action. 6. COMPENSATION TO PGes. a. Total Compensation to PGCS under this Agreement shall not exceed Ninety Thousand Dollars ($90,000.00) for the first year. If COUNTY exercises its option to renew, the compensation for additional years shall be Ninety~Four Thousand Five Hundred Dollars ($94,500.00) for second year and One Hundred Thousand Dollars ($100,000.00) for the third year. Pricing is for Worker's Compensation, including Medical only and Lost Time Claims Administration. Pricing is on a flat rate basis with invoicing performed on a monthly basis. 1099 are to be processed for a $10.00 fee per form. All report filing includes excess reporting, monthly loss reports, quarterly large loss reports, eheck processing, check register rt..-ports and BSI-I7' s. b. COUNTY'S performance and obligation to pay under this agreement. is contingent upon annual appropriation by the Board of County Commissioners. c. COUNTY shall at all timt...'S provide funds adequate for the payment of qualified claims or losses and of allocakd loss expenses. For this purpose. allocated loss expenses shall mt.:an all costs, charges or expenscs of third parties incurred by PGCS, its agents or its employees, I'" hich arc properly ehargt...'able to a qualitled claim or loss including, \\ ilhout limitation, court costs, independent imcsligators, l:xpt...'fts and witnesses and fees for obtnining diagrams, r<..'Ports, JlXUlllClllS and phot+)gt.aphs, It is t:Xpressty unacrstl>()dllmfall fees and expenses l)I attorneys will be paid directly by COUNTY and upon receipt of such invoict...'S. PGCS, shall prqxlrc a voucher and 1\1rward it with (he original invoice to County's Workers' .. j (,1IllpCl1s;l(ion ivlCln,lgt:r f(w 1\;vi(;\V and prOCt;sslIlg. Ife au" f'f l11ab;s adjus(m(;nt~ 10 the iO\ oicc bd,m; paying. PGCS \\ ill be noti fil.:d or such Adjustment., by Coullty 's \Vorh:rs. Compensation Manager and PGCS will a<ijust thcir payment records to rdlect the actual amollllt p,lId. d. It is t:xprcssly understood thai PGCS shall not be required to advance its own funds to pay losses, allocated loss expenses or banking charges hereunder, or to perform any services hereunder if COUNTY fails to provide adequate funds as herein set forth. c. Partics al:,'TCC that fee include, but is not limited to I) Administer to conclusion all Worker's Compensation Lost Time and Medical Only Claims, 2) Rcduce all medical bills associated with the County's Workers' Compensation claims to the State Ft.'e Schedule, 3) Prepare and file on behalf of the County all mandated State Reports. 4) prepare and distribute 1099's as required by law. f. The annual fee as stated in paragraph 6a above is a flat annual fee to be paid in 12 equal payments. 7. DISCRETIONARY DISBURSEMENT AUTHORITY LIMIT. The limit on any discretionary payment by PGCS for a qualified claim or loss or for allocated loss expenses, as the case may be, shall be Five Thousand Dollars ($5,000) initially. This amount may be changed at any time by COUNTY upon written notice to PGCS. It is agreed that PGCS shall have full Authority and control in all matters pertaining to the payment, processing, investigation and administration of qualified claims or losses with the limit established by this paragraph with exception of fees and expenses paid to attorneys which will be paid directly by COUNTY. PGCS will make no payment in excess of the Discretionary Disbursement Authority Limit without obtaining Prior approval of County Administrator or his designee. It is further agreed that all checks or drafts in amount in excess of$I,OOO will require the Signature of two PGCS employees in supervisory positions, All payments in excess of $5,000 will require the written authorization of County Administrator before being issued. 8. TERMS OF AGREEMENT AND CANCELLATION. a. In the event of cancellation or non-renewal of this Agreement, COUNTY, at is sole option, may require that all open claims be transferred to its new administrator or require PGCS to continue administering the claims to conclusion. If COUNTY elects that PGCS is to continue administering the claims, a service fee or One Hundred Dollars ($100) per file per month will be paid for as long as the claim remains open. PGCS will treat as confidential all data furnished by COUNTY or generated as a result of the processing services performed under this Agreement and any other information so designated in writing by COUNTY, and PGCS wiII make the same effort to safeguard such information as it does in protecting its own confidential data. PGCS reserves the right to gather and utilize, as it sees fit, statistical information from the data base; provided however, that COUNTY'S name and proprietary and/or confidential data arc adequately protected and not disclosed. b. In the event of cancellation or non-rem.:wal of this Agreement, PGCS shall provide, at no charge to COlJNTY. ddailed history of all claims processed during the term of this Agrecml.-'tlt on Electronic Data Processing Media. PGCS will cooperate with COUNTY or its new Administrator with all reasonable requests regarding the method and fomlat of the information to be provided. Shipping of all physical claims wiII be at the sole expense of COL:NTY 9. PRACTICE OF LA W. It is understood and a1:,'Tt.'t:d that PGeS will not pertonn. and COL'NTY will not request performance of any servkc:..'S which may constituk the unauthorized pr:Jc(ic.; of la\\-. 4 II). INI)Ei\I:'<IFICA 1'ION, HOLO 1f.\RMLESS .\NO INSLR,\NCE. :.I. paes sh,)1I b~ 11.I1ly n.:sponsibk for eXl.;I...:ising n;a~oni.lbk <';,11..: at alltinlL:s illlh..: performance of it obligations hereunder. b. Nothing in this Agrecnwnt ~hall be construed to indicate that COUNTY will in <lny way indemnify or holJ harmless PGC'S. PGCS and COUNTY agn.:e Ihatnothing in this Agreement shall be construed to extend thtl protections of Florida Statute 768.28 to POCS. c. PGCS shall indemnitY and hold MONROE COUNTY BOARD OF COUNTY COMMISSIONERS harmless from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by rcason of services provided by rocs occasioned by the negligence, errors, or other wrongful act of omission ofPOCS, its employees, or agents. d. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of PGCS to comply with the requirements of this section shall be cause for immediate termination of this agreement. e. Prior to execution of this agreement, PGCS shall furnish, at their own expense, to the COUNTY Certificates of Insurance or a Certified Copy of the actual insurance policy, indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LlABILTIY INSURANCE. Where applicable, coverage to apply for aU employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include al1 owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Cel1ificates ofInsurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided ifrequested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida, If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents and volunteers. t~ The parties agree to the insurance reqtlir~l11ents as set oul in Attachment A attached hereto and made a part hereof. ] l. NOTICES. .\ny notice r~quired to be given under this Agreement shall be sent by cl.'ftiticd mail to the following: FOR COLi'HY Monroe County Manager 0f Workl.:r's Compensation FOR PGeS Mr. Kevin Colhon Vice Prcsidcnt 5 liato Building 1100 Simonlon Slreet Suite 2-268 Kq West, FL 33040 Prckrn:d Governmen(;]l Claim Solutions P.O. Box 958456 Lake Mary, FL 32795-84456 12. HEADINGS. r-kadings have bl:cn inserted in this Agreell1l:nt as a matlcr of convenience of rdcrcnce only, and it is agreed that such section h..:adings arc not a part of tllis Agreement and will not be used in the interpretation of any provision of this Agreement. 13. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with thc laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and PGCS agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. NON-DISCRIMINATION. COUNTY and PGCS agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date ofthe court order. COUNTY or PGCS agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss, 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis ofdrug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcoho I abuse or alcoholism; 7) The Public Health Service Act of1912, ss, 523 and 527 (42 use ss. 69Odd-3 and 290ee-3), as amended, relating to confidentiality ofalcohol and drug abuse patent records; 8) Title vnr of the Civil Rights Act of 1968 (42 USC s. et seq,), as amended. relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions ill any Federal or state statutes which may apply to the parties to, or the subject matter of this Agreement. 16. WAIVER. A 'Naiver by either party of any breach of this Agreement shall not be binding upon the waiving party unless such waver is in writing signed by authorized pcrson for PGCS and approved by BOCC. In the event of a written wai\cr, such waiver shall not am.oct the waiving party's rights with rL'Spcct [0 any other or furthcr brt.'ach. The making or acceptanl:c ora pa)ment by eilht:t. party with knowledge of~ exiSfence of a acfauH or breach shall not operate or be -:ollstrued to 'lpcrale as a wai\cr of any subsequt:nt detau!t or breach. 6 1 7. SE\' ER \B'LITY. The 111\ a lirli[). ilkgnlilY. or lJIK:n 10m.:: I hi lily of any provision ,)f this .\grc..:ll1o.:nt. or lh<.: <)\.;curn;nce uf ,lil} t.:\'cnt n.:ndering nn) portion ..)I" prol.ision of this ,\grc.:elllt:nt void, shall in no way affect [he validity Or t.:nJQrceability of any other portion or provision of the :\grccnlcnt. An} void provision shall be deemed severed ti'OI11the Agreement and the balance of the :\grccJl1l:Jlt shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace and strickt:n provision with a provision that com<..'S as close as possible to the intent of the stricken provision. 18. ENTIRETY OF AGREEMENT. The parties agree that this Agreement sets forth the entire.: agreement between them, and that there are not promises or understandings other than those stated lll::rein. This Agreement supersedes all prior contracts, representations, negotiations, letters or other cOllUllunications between COUNTY and PGCS pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. 19. MODIFICATION. This Agreement may not be modified unless such modifications are evidenced in writing signed by both COUNTY and PGCS. Such modifications shall be in the form of a written Amendment executed by both parties. 20. SUCCESSORS AND ASSIGNS, ASSIGNMENT, COUNTY and PGCS each binds itself and its partners, successors, assigns and legal representatives to the other party to this Agreement and to the other party's partners. SUccessors. assigns and legal representatives, PGCS shall not assign this Agreement without express written approval ofthe BOCC executed in the same maMer as this Agreement. 21. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 20. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the tenus, or any of them, ofthis Agreement to enforce or attempt to enforce any third~party claim or entitlement to or benefit of any service or program contemplated hereunder, and COUNTY and the PGeS agree that neither COUNTY nor PGCS or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart. inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 22. AGREEMENT SUBJECf TO ANNUAL APPROPRIATION. Monroe County's performance and obligation to pay under this contract. is contingent upon an annual appropriation by the Board of County Commissioners of Monroe County. 23. ATTESTATIONS. PGes agr<..'(,'S to tlxecute such docum~nls as COUNTY Illay reasonably require. to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statel11t.:nt. 24. NO PERSONAL LL\BILlTY. No covenant or ;lgrt.:cmenl containt.:d hcrein shall be deemed to be a co\cnant or agreement of any member. officer, agent or cmployee of Monroe Counly in his or her indiviJual capacity, and no tllt..'mbcr, officer, agent 6r t:ll1proyec of Monro.: County shall be liablt.: personalty on this AgrcCIl1l:11t or be subjcct to nn} personal liability or 3ccounta bilit} by reason of the execution of this Agreement. 7 25. INDEPENDENT CONTRACTOR. At aJltimes and for all purposes hereunder. PGCS is an independent contractor and not an employee ofCOLNTY. No statement contained in this Agreement shall be construed as to find PGCS or any of its employees. contractors, servants or agents to be employees ofCOL'NTY. 26. CONFl"'CT OF INTEREST. PGCS assures COUNTY that, to the best of its knowledge. information and belief. the signing of this Agreement does not create conflict of interest that during the time of this Agreement PGCS will not undertake representation of any parties to or before COUNTY seeking to obtain contracts or other benefits /Tom COUNTY. 27. OWNERS HIP OF DOCIJMENTS. All documents which are prepared in the performance of this Agreement are to be and shall remain, the property of COUNTY and shall be delivered to the Workers' Compensation Manager at any time upon request and no later than thirty (30) days after tennination of this Agreement. 28.' D FlNITIONS OF "MEDICAL CASE ONLY" AND"L ST TIME CASES". The following definitions shall apply: "Medical Only Cases" shall mean injuries that require medical treatment for which charges will be incurred, whether or not they are submitted to COUNTY, but which does not result in the disability of the employee, as defined by Florida Statute 440.02(13), for more than seven (7) days as a result of the injury. "Lost Time Cases" shaH mean injuries which result in the disability of the employee, as defined by Florida Statute 440,02(13), for more than seVen (7) days. 29. EXECUTION IN COUNTERPARTS, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart, ." .- IN WI1NESS WHEREOF the parties hereto have executed this Agreement on the day and . . "date first written above. . (SEAL)' By: BOARD OF COUNTY COMMISSIONERS ~)J~IDA~ :x 0 :s- Mayor Mario DiGewiro?,: ;: SEP 2 0 2006 ~;?:.-;S j.' - , ) :.- -' , N I Claim Solu~PhS- / . J Date: Date: BY; Author' . ,... -0 ::t . N U1 ...) \.0 Print Name Dat~ ,.} -+l--e:t MUNROE COUNTy ArTOFlIJEY A PROVED AS TSF9RM' L~ N IlEENE W Cft"."..,.., _ Dat~~~~~pBl;?' 8 Generallnsur....ee Requirements for Contract Between Preferred Gove....mental Claim. Solatioos a.od Monroe Countyt Florida Attachment A As a pre-requJsite of the worlc IOvemed. or !be &GOds suppUed under this c:ontnc:t (Includint the pre-staa:fna of persomael md mMedaJ). ~ sball obCaJa. It their own <<XpeQIe, iIlIurance u specUIod In anyllttlcbod ICbeduJoa. w.bicJt - made pII't oltIUs COGtrIc:t. PGCS will ensure !hit tbe fnIuruco obtalDcd will omod prolmioo to all Subc...u~~ eopp:t by PGCS. As an afflmatlve. PGCS may require aU S~ to obtIin Insun.nee COD5ittent wfth..the Iu.chcd schcduIea. POCS wm GOt be permIIted to eommeace ~ JO'\Iimed by tills CGDCIact (iocfuc6ac pre.tf.I&hIa ofpenoonel aod ID.IteriaI) IIDdl SlItfsfJIctOIy ovldeoce of the required iaa1noce bu beoa ftrmlthed 10 the COUIdy as ~ below, ~ III tbe CC'"""T~ ofwort. reIUltfoa &om die Mans ofPOCS to provide ~ evideoco oftbl reqWNd InIUnoce. .....1 not extend dMtIlM II*f&cI ill... COUU1Ict aDd aay peaaJdellOd tiDtn to perfOrm If...'.... ... be lIIIpOlllld . Itlbe WOIt c:om~ OIl cbe 4p'd&d "* IUd dmo., ... tiw POCS" r.uur. to provide ~ 8IIfdoDct, POCS IIIaU mUuIa tile reqafrecllDsqmc:. throupout die eDdre Cenn of'dllI COIItnlCt md III.)' exteDdonI specifJod In lbo llttacbod ~. FaDure to comply 1rid1da11 JII'OVf.IIoD mv ranlt Jalbe f~ ~Ioo ofall work UDdI tbe nqWred iDRnDce ,. beeD ~ or,.1eeecL .DeIIl)'I1Il die compJedoa ofwork RlIUItfoa 10m tbe &iIuro olPOCS to ...... tbo nrqufnd Ia.neoe tIWJ DOt atIlad ~ II*ifted III IbII c:oalraCt 8Dd IllS)' ~Ida "'1dIant to perbm. f .-6 abaU be iDIpoaed .lftbo wort bid DOt bOlIIIlIIIpeDdId. except tor pocs' fiIWwe 10 IDIlDIafu tbo nrqufnd 1aIlnaco. pocs ..... Pft'IYIde. to !he Cotmry, U addtctory evideDco oftbe required m.u.--. eidMr. · c.tift:ato oflosunmce or · A CertI80d copy oCtile echaI iDtInaoo poUcy, The Couaty,It Its IOIe optkJn. bas tbo rfabt to requeat. certi6ed copy of any or aU Innnoc:. poIIcJa requfnM by tbia COOfnlc:t. AU iftsunmce policies must speclfy dIIt dIey In: DOt subJoct to Cl:DCeflsdon. noo-naewaI. m.teriaI chanae. or reduction In covenp ...... mlnimum oflhlrty (0) days prior ood8Catioo is &ivea to cbet County by Ihe insurer. The lICceptMce ra4lor Ipp'Ovaf of die ContnIctor'. fnstnnce sha1J DOt be construed as "'1Ievlna POCS from any liability or obfipdoo ISIUmed under dais conb'Ict or impoaed by law. The Mooroe Coumy Board of COWlty Commhsloaer" Its employees aad officials wIJJ be included as "AddftiooaJ Jnsured" on an policiea, oxcept for Workers' C~ Any deviations from 1besc Oeoeraf IlISUraIJC:e ~ must be requased in writi.oa Oft the Coonty prepared form entitled "Request Ibr Waiver or losaruce Reqalretnea.... and approved by Mooroe County RIsk Manaacmem. " BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12-19-2007 Division: Community Services Division Bulk Item: Yes -.1L No Department: Transportation Staff Contact PersonIPhone #: Jerry Eskew X4425 AGENDA ITEM WORDING: Approval of resolution to increase on 1/1/08 the Monroe County Transit (MCT) fare for a I-way trip from $1.00 for every 10 miles (established in 2003) to $2.00 with no mileage increments; and approval to increase on 1/1/08 the MCT BusPass from $25.00 to $40.00 for unlimited use in the calendar month of purchase. Low income persons for which this increase would create a financial hardship will be referred to Monroe County Community Support Services (CSS) to determine eligibility for MCT rates in effect in 2003. ITEM BACKGROUND: The rate increase (without the eligibility program) was proposed by Community Services Division at the 11/7/07 BOCC workshop seeking options to reduce division expenditures and/or offset with additional receipts. BOCC requested that a system be put in place to handle requests for current fares that the increase may cause a financial hardship. The eligibility determination for MCT fare consideration will be handled by CSS upon referral by MCT. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of Resolution. TOTAL COST: $0 BUDGETED: Yes N/ A No COST TO COUNTY: $0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes ~ No _ AMT PER MO $3.000 Year $40.000 APPROVED BY: County Atty.~ ~!purchaSing _ Risk Management Ol? DOCUMENTATION: Included ~ Not Required_ DISPOSITION: AGENDA ITEM # Revised I 1/06 RESOLUTION NO. -2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMNllSSIONERS SUPPORTING A RATE INCREASE FOR MONROE COUNTY TRANSIT FROM A I-WAY TRIP FARE OF $1.00 FOR EVERY 10 MILES ESTABLISHED IN 2003 TO A I-WAY TRIP FARE OF $2.00 WITH NO MILEAGE INCREMENTS AND A RATE INCREASE FOR MONROE COUNTY TRANSIT BUSPASS FROM $25.00 TO $40.00 FOR UNLIMITED USE FOR THE CALENDAR MONTH OF PURCHASE WHEREAS, the Monroe County Board of County Commissioners is committed to providing paratransit services throughout Monroe County; and WHEREAS, these services are provided by Monroe County Transit, a program within the Social Services Department within the Community Services Division; and WHEREAS, Community Services Division endeavors to reduce operating costs and/or increase revenues; and WHEREAS, Community Services Division presented an option to the Monroe County Board of County Commissioners on November 7,2007, to increase Monroe County Transit revenues that maintained paratransit service levels while increasing trip fares; and WHEREAS, Monroe County Board of County Commissioners recognizes the need for increased receipts for operating Monroe County Transit services while being concerned about persons with financial hardships that use the services; and WHEREAS, Monroe County Board of County Commissioners directed Community Services Division establish a method for fare relief for those who face financial hardships; and WHEREAS, Monroe County Transit will refer those who face financial hardships to Community Support Services, a program of the Social Services Department, to determine fares that revert back to December 19, 2003 fee for service rates; and WHEREAS, with consideration of said referral and fare determination procedure, Monroe County Board of County Commissioners approves an increase on January 1,2008 of the Monroe County Transit I-way trip fare of$1.00 for every 10 miles established in 2003 to $2.00 with no mileage increments; and WHEREAS, Monroe County Board of County Commissioners further approves an increase on January 1, 2008, of the Monroe County Transit BusPass from $25.00 to $40.00 for unlimited use in the calendar month of purchase; and NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Monroe County Board of County Commissioners fully supports a rate increase for Monroe County Transit for the I-way trip fare and monthly BusPass. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of December, 2007. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario DiGennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Charles "Sonny" McCoy, Mayor Signed this day of , 2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/19/2007 Division: CSD Bulk Item: Yes l. No Department: Transportation Staff Contact PersonIPhone #:Jerrv Eskew 4425 AGENDA ITEM WORDING: Approval of an application for Federal Assistance between Monroe County Board of County Commissioners, the applicant, and the Federal Transit Administration for Financial Assistance to purchase twelve (12) Mobile Data Terminal Software/Hardware and approval for the Mayor to sign the Grant Application, Resolution and Other Application Documents. ITEM BACKGROUND: The FY2008 5316 Job Access and Reverse Commute Grant Application for Federal Assistance Year 2008-2009, if approved by the Federal Transit Administration, would purchase twelve (12) Mobile Data Terminal Software/Hardware with funding coming from the Federal funds for $66,221, State funds $8,278 and County match $8,277, The MDT's are to enhance the existing computer-assisted reservation & dispatch system. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of agreement and resolution TOTAL COST: $82,776 BUDGETED: Yes -1L.. No COST TO COUNTY: $8,277 SOURCE OF FUNDS: Program Budget Account #001-61525-560641 & FDOT 5316 Job Access and Reverse Commute Program Grant REVENUE PRODUCING: Yes No L :lliUNT PER MONTH N/A Year N. /A . . ( County Atty _ OMB/P hasing _ Risk Management Me APPROVED BY: DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Federal Transit Admin. Contract #_ Effective Date: 7/1/2008 Expiration Date: 6/30/2009 Contract Purpose/Description: Application for Federal Assistance between MCBOCC and the Federal Transit Admin. for Federal Assistance to purchase twelve (12) Mobile Data Terminal Software/Hardware and approval for the mayor to sign the Grant Application, Resolution and Other Application Documents. Contract Manager: Jerry Eskew 4425 Transit/ #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/19/2007 Agenda Deadline: 12/0412007 CONTRACT COSTS Total Dollar Value of Contract: $ 82,776 Budgeted? YesC8J No 0 Account Codes: Grant: $ 74,499 County Match: $ 8,277 Current Year Portion: $ 8,277 001-61525-560641-_ _ - - ----- - - - ----- - - - - ----- Estimated Ongoing Costs: $NA/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes !?a~~ Needed Division Director (!.:I-1Ld 7 YesD No Risk ManaJi~ \ ;}IDU I YesO Noff o.M.B./PMh~ing ~? YesD NoCL]/' County Attorney JI /t~/oJ YesD Nor&1 Date Out Comments: OMB Form Revised 2/27/01 MCP #2 Eskew-Jerry From: Sent: To: edward .carson@dot.state.f1.us Wednesday, November 14, 2007 9:57 AM Eskew-Jerry; mo.grynewicz@gcmk.org; zully.hemeyer@islamorada.f1.us; cschoepp@healthcouncil.org; mwittenb@keywestcity.com carl. filer@dot.state.f1.us; carol.chong@dot.state.f1.us FTA 5316 - Job Access and Reverse Commute Program Funding ~tal Assistance Manual 2008.pdf Cc: Subject: Attachments: -m.. ." .>-. "- 5316 Capital ~ssistance Manual... __ ______ Please find attac~FTA-See~~n 5316 (JARC) application for 2008. For Monroe County, there is a tota~able representing current and last year's funding allocations. Eligible recipients are limited to public agencies, private non- profit organizations, CTCs and private for-profit transportation providers. Applications are due to the District Office no later than Tuesday, January 22, 2008, Also, attached is a link to the FTA assurances for this current grant year to be completed. If the Department may be of any assistance, please let me know. EdC. Ed Carson, Transit Programs Administrator FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 6 - PUBLIC TRANSPORTATION OFFICE 1000 NW 111th AVENUE-ROOM 6114 MIAMI, FL 33172-5800 TEL: 305/470-5255 FAX: 305/470-5179 E-MAIL: Edward.Carson@dot.state.fl.us (See attached file: 5316 Capital Assistance Manual 2008.pdf) http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-5 294.pdf 1 S31 L Matching funds. Applicants may not borrow funds to use as match nor may they place liens on Section 5316-funded vehicles or equipmel1t State funds m~y ~llrr()rt up to 10% of eligible capital costs. The federal share of eligible capital costs may not exceed 80%. At the time an order is placed for vehicles/equipment, the applicant is requlred to provide a purchase-order for its 10% local match to be paid to the vendor. The required 10% local match must be paid at the time of time of delivery. ~c:: /0 }D Americans with Disabilities Act (ADA). Applicants must comply with the Americans with Disabilities Act, (ADA) of 1990, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; U. S. DOT regulations, Transportation Services for Individuals with Disabilities (ADA)" at 49 CFR Part 37; and FTA regulations, Transportation for Elderly and Handicapped Persons, 49 CFR Part 609. Administrative requirements. Applicants must supply the appropriate local clearinghouse agency (see Appendix) a copy of its application for Federal Assistance. Each applicant shall request the Clearinghouse to provide a letter of approval of the application to the appropriate FOOT District Office. Copies of correspondence to the clearinghouse agency should be contained in the grant application. First time private-non-profit applicants must attach a Certificate of Incorporation to their application. Section 5316 projects located in an urbanized area must be listed in the Transportation Improvement Program/Biennial Element (TIP/BE) of the respective urbanized area. Although applications for such projects may be accepted by the FOOT District Office prior to their listing in a TIP/BE, a grant award will not be final for such projects until all administrative requirements are completed, including being listed in the appropriate TIP/BE. Use of Section 5316-funded vehicles or equipment. Section 5316-funded vehicles/equipment may be used in both urbanized and non-urbanized areas to transport low-income individuals to and from jobs and activities related to their employment and to support reverse commute projects. They may be used to provide transportation to employment, late night and weekend service transportation, guarantee ride home service, shuttle service, expansion of fixed-route public transit service, demand- response van service, ridesharing and carpooling activities, transit related aspect of bicycling are permitted. In such cases, the number of vehicles requested in an application must be justified by the number of people transported. Lease of vehicles. Vehicles purchased with Section 5316 funds may be leased to local public bodies or agencies, non-profit agencies, or private-for-profit operators only for the services identified in the grant application. The lease between the applicant and the lessee shall contain the terms and conditions that must be met in providing transportation service to the elderly and persons with disabilities, and must be approved by the appropriate FOOT District Office. When vehicles are operated by an agency other than the one named as applicant in the grant application, control and responsibility for the operation of the vehicles remains with the applicant. 5 Checklist for Application Completeness 5316 Year 2008-2009 Job Access and Reverse Commute Program Name of Applicant: Monroe County Board of County Commissioners Check one: First-time Applicant ..x..Previous Applicant _ The following must be included in the Application for Section 5317 Capital Assistance in the order listed. X This Checklist X Applicant's cover letter and 2 copies of the governing board's Resolution X Application for Federal Assistance (Form 424, Code 20.513) X Operating and Administrative Expense & Revenue Form X Current Vehicle and Transportation Equipment Inventory X Capital Request Form X Exhibit A: Current System Description X Exhibit A-1: Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing Notice and Publisher's Affidavit (for public agencies only.) X Exhibit 0: Coordination X Exhibit E: N/A X Exhibit F: Federal Certification and Assurances N/A Exhibit G: Certification of Equivalent Service (if grant is for non-accessible vehicles) X Exhibit H: Applicant Certification and Assurance to FOOT Date application was submitted copy to Local Clearinghouse: January 22. 2008 Additional documents required for first-time Applicant (if a private-non-profit agency) N/A Copy of Certificate of Incorporation Monroe County Board of County Commissioners Community Services Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 (-- ..-- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 O,Yv~rY ~o~!!~E (305) 294-4641 State of Florida Department of Transportation Grant Application Monroe County Board of County Commissioners submits this Application for the Section 5316 Job Access and Reverse Commute Program and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Checklist for Application Completeness. Monroe County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768.28, Florida Statutes to indemnify, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any ofthe assurances stated in this Application. This Application is submitted on this Deceillber 19, 2007 with two (2) original resolutions or certified copies of the original resolution authorizing Mayor Charles McCoy to sign this Application. Monroe County Board of County Commissioners By: Charles McCoy, Mayor Date: 12/19/2007 Privacy Statement: This letter and any files accompanying it are intended only for the person or entity to which it is addressed and may contain confidential materials and/or material protected by law. Any retransmission or use of this information may be a violation of that law. If you received this in error, please contact the sender and destroy the material. RESOLUTION NO. - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SIGNING AND SUBMISSION OF A FEDERAL TRANSIT ADMINISTRATION, 49 U.S.C., SECTION 5316 YEAR 2008-2009 "JOB ACCESS AND REVERSE COMMUTE PROGRAM CAPITAL ASSISTANCE" GRANT APPLICATION, SUPPORTING DOCUMENTS AND ASSURANCES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PURCHASE SOFTW ARE/HARDW ARE FOR TWELVE (12) MOBILE DATA TERMINALS AND ACCEPTANCE OF ANY SUBSEQUENT GRANT AWARD. WHEREAS, the Board of County Commissioners of Monroe County, Florida have the authority to apply for and accept grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and! or by the Federal Transit Administration Act of1964 as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: The submission of a Federal Transit Administration, 49 U.S.C., Section 5316 Year 2008-2009, "Job Access and Reverse Commute Program Capital Assistance" Grant Application( s), supporting documents and assurances to the Florida Department of Transportation to purchase Software/Hardware for (12) Mobile Data Terminals is hereby approved. Section 3: The Mayor of the Monroe County Board of County Commissioners is hereby authorized to sign the application and accept any subsequent grant award, unless specifically rescinded. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 19th day of December, 2007. Mayor McCoy Mayor Pro Tem DiGennaro Commissioner Spehar Commissioner Murphy Commissioner Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk onny" McCoy ASSISTANT C Date FEDERAL ASSISTANCE 2. DATE S~MITTED A~Plicant Identifier f 2{' coIlO 5 16 FY2008 1. TYPE OF SUBMISSION: J. DAT RECEIVED BY STATE State Application k:lentifier Application Pre-application o Construction 61 Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier IZI Non-Constructlon lJ Non-Constructlon 5. APPLICANT INFORMATION Legal Name: Oroanlzatlonal Unit: Monroe County Board of County Commissioners Department: Monroe County Transit OrRanizational DUNS: Division: NI Community Services Division Address: Name and telephone number of person to be contacted on matters Street: involvlna this application (give area code) Prefix: First Name: 1100 Simonton Street Room 1-188 Mr. Jerry City: Middle Name Key West L. County: Last Name Monroe Eskew State: Zi Code Suffix: Florida 3~040 Country: Email: United States eskew-jerry@monroecounty-f1.gov 6. EMPLOYER IDENTIFICATION NUMBER (E/N): Phone Number (give area code) I Fax Number (give area code) ~~-@]@][Q][][]m@] 305 292-4425 305 292-4411 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) f}New [] Continuation ID Revision B. County f Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) 0 0 Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: []@]-~ITJ@] Mobile Data Terminal Software/hardware for existing paratransit TITLE (Name of Program): reservation/dispatch computer system FTA Section 5316 Job Access & Reverse Commute Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant ~ b. Project July 2008 June 2009 18th Congressional District 8th Congressional District 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal ~ ll2] THIS PREAPPLlCATION/APPLlCATION WAS MADE 66,221 a. Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 8,277 PROCESS FOR REVIEW ON c. State $ ~ DATE: 01/22/2007 8,278 d. Local ~ ~ [lI PROGRAM IS NOT COVERED BY E. 0.12372 b. No. e. Other ~ CJ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ ~ 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL ~ ~ o Yes If "Yes" attach an explanation. [l No 82,776 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE POCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE IATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. AllthnriZArl RAnrA<:Ant"tivA M';efix I First Name ""iddle Name r. Charles Last Name Suffix McCoy b. Title c. Telephone Number (give area code) Mayor 305 292-3430 d. Signature of Authorized Representative e Date s}an~ 700 l?lQ, 17 APPLICATION FOR Previous Edition Usable Authorized for Local Reoroduction Version 7/03 Standard Form 424 (Rev.9-2003) Prescribed bv OMS Circular A-102 TRANSPORTATION-RELATED OPERATING AND ADMINISTRATIVE EXPENSE & REVENUE 5316 YEAR 2008-2009 "Job Access and Reverse Commute Program" Name of Applicant Monroe County Board of County Commissioners (Monroe County Transit) Fiscal Period from 10/0112007 to 09/30/2008 Budget TRANSPORTATION-RELATED OPERATING and ADMINISTRATIVE EXPENSES EXPENSE CATEGORY EXPENSE $ Labor (501) $579,030 Fringe and Benefits (502) 265,532 Services (503) Materials and Supplies (504) 60,000 Vehicle Maintenance ( 504.01) 154,055 Utilities (505) 3,000 Insurance (506) 33,198 Licenses and Taxes (507) Purchased Transit Service (508) Miscellaneous (509) 50,000 Leases and Rentals (512) Depreciation (513) 16,749 TOTAL EXPENSE $1,161,564 OPERATING REVENUE REVENUE $ Passenger Fares for Transit Service (401) $ 40,000 Special Transit Fares (402) Other (403-407) (identify by appropriate code) TOTAL OPERATING REVENUE $ 40,000 OTHER REVENUE SOURCES Taxes Levied Directly by the Transit System Local Cash Grants and Reimbursements $1,051,564 (409) Local Special Fare Assistance (410) State Cash Grants and Reimbursements 70,000 (411) ARCA State Special Fare Assistance (410) Federal Cash Grants & Reimbursements (413) Interest Income (414) Contributed Services (430) Contributed Cash (431 ) Subsidy from Other Sectors of Operations (440) TOTAL OF OTHER REVENUE $1,121,564 GRAND TOTAL OF OTHER REVENUES $1,161,564 TRANSPORTATION -RELATED OPERATING and ADMINISTRATIVE REVENUES ~~ ~~ ~~ ~~ ~ ~~ N~ ~ ~ ~~ ...... ...... 00 00 00 0 00 00 00 00 00 CO CO 00 00 00 0 00 00 00 00 00 CO CO -.J-.J OlOl OlOl (]1 (]1 (]1 WW ~...... ......0 00 CO CO Ol(]1 ~~ (]1.j:>. ~ ~~ ...... ...... ~...... ...... ...... ..... ...... ...... ~ OCO ~CO ~ ~~ COCO COCO COCO COCO CO CO COCO Ol ...... 0 CO...... ...... ...... 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(1)0(1)"C "'~03 t\)0 0 (1) 0(1)3;::' 003= ...... 0 ::s c S. < ::s (1) (1) ~"tIa -100 Alco~ ;::, AI CJ1 ~. 3 ~ ~ 0) -( (1) D) .., t\) o o co . t\) o o <0 CAPITAL REQUEST FORM 5316 Year 2008-2009 Job Access and Reverse Commute Program Monroe County Transit (BOCC) VEIDCLE REQUEST GMIS code RorE Number Description (b) (c) Estimated (This colurrm (a) Requested Cost for FDOT use ONLY) II. -- II. -- II. -- II. -- II. -- Subtotal $ EQUIPMENT REQUEST (C) II. E 12 Mobile Data Terminals Software & Hardware 82,776.00 -- II. -- II. -- II. -- Subtotal $82,776.00 (a) Replacement (R) or Expansion (E). (b) Provide a brief description including the length and type vehicle, type of fuel, lift or ramp, number of seats and wheelchair positions. Do not show the Make. For example, 22' diesel bus with lift, 12 ambo Seats, 2 w/c positions. (c) Show mobile radios, computer hardware/software, etc. under "Equipment Request" . VEHICLE SUBTOTAL $ 0 + EQUIPMENT SUBTOTAL $82,776 = $82,776 (X). (X) X 80 % = $66,221 [Show this amount on Form 424 in block 15 (a)] EXHIBIT A 5316 Year 2008-2009 Job Access and Reverse Commute Program CURRENT SYSTEM DESCRIPTION Monroe County Transit (BOCC) Overview & Routes Monroe County Transit provides paratransit service to the elderly, disabled and transportation disadvantaged citizens of Monroe County. The operation services four geographical route areas, the Lower Keys (Key West) from mile marker 0 to 20, Big Pine Key from mile marker 21 to 40, the Middle Keys (Marathon Key) from mile marker 47 to 72 and the Upper Keys (Plantation Key and Key Largo) from mile marker 73 to 112. Fleet Size & Placement The entire fleet of seventeen (17) Paratransit buses is wheelchair equipped and ADA Compliant. Seven buses are located at 1100 Simonton Street, Key West, one bus is located at 380 Key Deer Blvd in Big Pine Key, four buses at 490 63rd Street, City of Marathon and five buses at 88800 Overseas Highway, Plantation Key. Hours of Operation Monroe County Transit operates five (5) days per week Monday through Friday from 8 a.m. to 5 p.m. excluding Monroe County Observed Holidays. Staffing Monroe County Transit staff consists of a Transportation Administrator, Administrative Assistant, Special Needs Coordinator, Transportation Specialist, Two (2) Dispatcher, Reservation, Schedulers, nine (9) CDL Class B Licensed Transportation Drivers and nine (9) CDL Class B or D Licensed On-Call Substitute Transportation Drivers. Rider Composition 69% Elderly 60 years and older includes handicapped 31% Transportation Disadvantaged 59 years and younger includes handicapped Within those two categories 14% are Wheelchair Clients Vehicle Maintenance Monroe County Transit utilizes the County's three fully staffed maintenance facilities (Key West, City of Marathon & Plantation Key) with an industry recognized preventative maintenance program in place. Single Audit Act Attached is Monroe County's latest completed Single Audit. EXHIBIT A-1 FACT SHEET 5316 Year 2008-2009 NEW FREEDOM PROGRAM Monroe County Transit (BOCC) CURRENTL Y IF GRANT IS AWARDED (Estimates are acceptable) 1. Number of one-way trips provided 38,011 42,000 goal to elderly and persons with disabilities (E & D) PER YEAR 2. Number of individual E & 0 served 978 1,200 goal ( unduplicated) PER YEAR 3. Percentage of E & 0 needing 14.0% 14.0 -16.0% wheelchair positions AVERAGE 4. Number of vehicles used to 9 9 provide service AVERAGE 5. Number of ambulatory seats AVG 200 212 to 216 depends on exact configuration chosen 6. Number of wheelchair positions 58 62 to 64 depends on exact AVERAGE configuration chosen 7. Vehicle miles traveled PER YEAR 235,026 230,000 - 250,000 8. Averaqe vehicle miles PER DAY 964 900 - 1000 9. Normal number of days in 5 5 operation PER WEEK 10. Normal hours of vehicle 8 a.m. until 5 p.m. 8 a.m. until 5 p.m. operation PER DAY 11. Trip lenqth AVERAGE 4.12 4.0 - 5.0 EXHIBIT B 5316 Year 2008-2009 Job Access and Reverse Commute Program PROPOSED PROJECT DESCRIPTION Monroe County Transit (BOCC) When awarded, funds will be used to enhance the reservation and dispatch system of Monroe County Transit (MCT). MCT serves the entire geographic area known as the Florida Keys, an elongated island chain extending 120 miles from mainland Miami-Dade County. Currently, the system is heavily reliant on staff intervention to ensure reserve and dispatch trips. Implementation of a computer-assisted software program will provide real-time opportunities for demand reservation booking. This system enhancement will allow for the latest vehicle movements to be searched and for these data to be immediately available. It is believed that the availability of real-time vehicle location data will result in the following positive impacts: · increased trips being booked within a rider's requested timeframe · more trips provided · better on-time performance · improved customer satisfaction · enhanced convenience to the most at-risk rider class. Mobile Data Terminals have the added benefit of allowing the dispatch staff to track the location and progress of each vehicle in the MCT fleet. This information can be related to customers inquiring into the expected arrival time of the MCT bus. MCT riders are Monroe Count's most elderly, frail, and handicapped who are unable to wait in the hot sun, rain, or other elements for any prolonged period. Therefore, rider knowledge of pickup and drop off times can be critical for a significant number of riders. MCT also serves those persons with Special Needs, specifically the elderly and handicapped, taking them to safety when storms threaten the Florida Keys. Transportation of persons to Special Needs Shelters is assured by maintaining a well-equipped transit fleet. Mobile Date Terminals will further enhance the mobilization and operation of the Special Needs responsibilities of MCT. No disruption in regular service will be experienced when Mobile Data Terminals are installed within the vehicles. EXHIBIT C 5316 Year 2008-2009 Job Access and Reverse Commute Program PUBLIC NOTICE Monroe County Transit (BOCC) All interested parties within Monroe County are hereby advised that Monroe County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5316 of the Federal Transit Act of 1991, as amended, for the purchase of 12 Mobile Data Terminal Software and Hardware to be used to enhance public transit services within Monroe County, Florida. A Public Hearing has been scheduled at 9:00 a.m. on 12/19/2007, Marathon Government Center 2798 Overseas Highway, Marathon, Florida, for the purpose of advising all interested parties of service being contemplated if a grant is awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. Monroe County, FL - 2007 BOCC Meeting Dates The mission of Monroe County is to provide outstanding public service responsive to the needs of our citizens, our unique community, and our environment. '. Abollt Monroe CoufttJ ~ County Commissioners itI 1m........ ~ tlDclpb.. ~ 1 (~ I ColllltitutioNl. Officer. ,~ ({II 1.l8elW We ~ '. p.,. &pIiklI . Sutl8cribe to ""- ~ s!j CoIItKt .... ~ Search Our Site I Google Search I (~l11'8Ie- Page 1 0[2 ....~. ~ . ~"'--.~~ 2007 BOCC Meeting Dates Pnnter-Friendly Vers.,on MEETlN<:d>A TES * A G_ENDA DEAQLINE L_QCATJQN 1/17/07 - 1/18/07 1/2/07 Harvey Government Center 2/21/07 - 2/22/07 2/6/07 Key Largo Library 3/21/07 - 3/22/07 3/6/07 Marathon Government Center 4/18/07 - 4/19/07 4/3/07 Harvey Government Center 5/16/07 - 5/17/07 5/1/07 Key Largo Library 6/20/07 - 6/21/07 6/5/07 Marathon Government Center 7/18/07 - 7/19/07 7/3/07 Harvey Government Center 8/15/07 - 8/l6/07 7/31/07 Key Largo Library 9/l9/07 - 9/20/07 9/4/07 Marathon Government Center to/ 17/07 - 1 O/l 8/07 10/2/07 Harvey Government Center 11/14/07 - 11/15/07 10/30/07 Key Largo Library 12/19/07 - 12/20/07 12/4/07 Marathon Government Center All meetings in all areas begin at 9:00 a.m. Key Largo Library Gov't Center Tradewinds Shopping Center Truman Ave. tOI485 Overseas Highway ,\We :Harker tOl \Iarathon Gov't Center Harvey 2798 Overseas Highway 1200 \tile \tarker 50 Key West \pproHd at the -'o'ember 15. 2006 BaeC meeting. http://monroecofl. virtualtownhall.nct Pages/MonrocCoFL BOCC2007 scheclll Ie 1 1 1 h;l()()7 Effective: 07101/07 to 06/30/08 Exhibit D STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORT A nON COORDINA TOR, THE GUIDANCE CLINIC OF THE MIDDLE KEYS, designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator", The terms and conditions of this Contract are effective July 1, 2007, and will continue through June 30, 2008. WHEREAS, the Coordinator is required, under Rule 41-2.011, F.AC., when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the Coordinator. WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F.S, Rule 41-2, F.AC., and the most current Community Transportation Coordinator policies. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: THE AGENCY/OPERATOR SHALL: A Provide services and vehicles according to the conditions specified in Attachment I. B. Coordinate available resources and make available transportation services to the Coordinator. Such services shall be provided in accordance with Attachment I. This contract currently J708 _ 1 _ . 'excludes the coordination of Medicaid trips A separate Medicaid transportation contract will be negotiated C. Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding coordination activities in the designated service area. The reported data will include information regarding all transportation provided by the Agency/Operator (including but not limited to CTC, Medicaid...) The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms. D. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accountin Consortium Model Uniform Accountin S stem for Rural and S ecialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports as the Coordinator may require during the period of this contract. 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five- (5) years, the records shall be retained until resolution of the audit findings. The Agency/Operator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Coordinator or Commission or this Agreement. The Commission and the Coordinator shall have full access to and the right to examine any of the records and documents during the retention period. F. Comply with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90, F.A.C., concerning System Safety or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; 3. Complying with Coordinator's System Safety Program Plan (SSPp) for designated service area. 07'03 - 2 - G. Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100.000 for anyone person and $200,000 per occurrence at all times during the existence of this Contract. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the Coordinator written verification of the existence of such insurance coverage prior to the execution of this Contract or proof of a self-insurance program operated by the Agency/Operator. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. H. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. I. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P. L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. g. The Americans with Disabilities Act of 1990 as it may be amended from time to time. :; 708 _ 3 _ . 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it ;s binding upon the AgencY/Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, subgrantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. J. The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims cost (including legal fees), and expenses associated with the services provided under this contract arising out of the negligent acts of the Agency/Operator. K Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged [ Attachment 1/ ]: 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator. L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract and that correction is required. Any corrective action notice will specify a reasonable time for corrective action to be completed. The Agency/Operator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate the implementation of the Corrective Action. M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract. N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the Coordinator. The Agency/Operator shall return any overpayment within thirty (30) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator by the Coordinator or entity purchasing transportation, whichever is earlier. In the event that the Coordinator first discovers an overpayment has been made, the Coordinator will notify the Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days 0708 _ 4- .after the date of notification or discovery, or the Coordinator will deduct said amount from future invoices. O. In performing this Contract, the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency/Operator shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. The Agency/Operator shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P By execution of this Contract, the Agency/Operator represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information contained in the Annual Operating Report must be collected, at a minimum, quarterly from the Agency/Operator. THE OPERATOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the Coordinator in writing in order that appropriate changes and modification may be made by the Coordinator and the Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with the provision of transportation services. B. If any part or provision of this Contract is held invalid: the remainder of this Contract shall be binding on the parties hereto. C. Termination Conditions: 0'105 _ 5 _ 1. Termination at Will - This Contract may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2. Termination due to Lack of Designation - In the event that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 3. Termination due to Disapproval of Memorandum of Agreement _ In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4. Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the AgencY/Operator, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordinator's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. 7. The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto. E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator. F. This Contract is the entire agreement between the parties. )7/08 _ 6 _ G Attachments I and" are an integral part of the Contract and are hereby incorporated by reference Into this Contract AI' subsequent attachments are of an optional nature. H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Maureen Grynewicz Guidance Clinic of the Middle Keys 3000 41 sl Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Contract. This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERA TOR: COMMUNITY TRANSPORTATION COORDINA TOR Monroe County Board of County Commissioners [ Agency/Operator Name] Guidance Clinic of the Middle Keys [ Coordinator Name] J J ..,-'" ~ . ,,"/ ,ilil ,~:t,"" ,'( ~) I (,':'C (i/i'-J2. (~I.) Typed/Printed Name of Authorized Individual Maureen Grynewicz Typed/Printed Name of Authorized Individual Date Administrative Services & Transportation Director Title Date If vi :::, ~,.' c~ r"-- / Title / ~;:?.(; Signafure ,," .:) - ' ,;,; ,..~}' i.... 7 ( I _ . " If) / ;2. "..';/ Jt, " . "'" c _- " :7,{ t' .-0 i , S ghature '/ ;:-.)~:: '~~' , :\ r ......!,. ::'\ ('J j, 'i' (:'. // .._/ t.-., \_~~:'2~kt~'-::. :.,.~ ,.;~.k.-Jd./_ ~~::/ U~,,'71, {~'~--L/ l.~ _. ~ ""'___, c. f;~~f,:?:-~~;:(~"' -------2~:/~::y_ _:_-_~~__._ , I 07/08 "7 - , - ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available to provide transportation (schedule) Monday thru Friday, 8:00 am to 5:00 pm 3. Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles Agency/Operator will use to transport all passengers(f/eet list- if list does not fit in this section, please attach a separate sheet - please also include number of seats and wlc capacity) 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, H/V training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, H/V/A/OS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAC 41-90 and requirements illustrated throughout contract) 8. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTe) 9. Agency/Operator fare structure $3.00 per one way trip, plus $1.17 per mile per one way trip. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: 1st Priority. Medical (Medica/ reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority - School/Day Care 3rd Priority. Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank...) 10. Billingllnvoicing and Reimbursement procedure for Agency/Operator Monthly invoices, due by the 15th of the month ATTACHMENT 1/ The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006. Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration: (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system: 07/08 , 9- (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (/) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; (p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. 07/08 _ 10- Exhibit F APPENDIX A FEDERAL FISCAL YEAR 2008 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: Monro!=> r.onnty Ro~rc'l of r.onnty ('nmmi 55 i onE'r~ The Applicant agrees to comply with applicable provisions of Categories 01 - 24. x OR The Applicant agrees to comply with applicable provisions of the Categories it has selected: Cate!!Orv Description 01. Assurances Required For Each Applicant. 02. Lobbying. 03. Procurement Compliance. 04. Protections for Private Providers of Public Transportation. 05. Public Hearing. 06. Acquisition of Rolling Stock for Use in Revenue Service. 07. Acquisition of Capital Assets by Lease. 08. Bus Testing. 09. Charter Service Agreement. 10. School Transportation Agreement. II. Demand Responsive Service. 12. Alcohol Misuse and Prohibited Drug Use. 13. Interest and Other Financing Costs. 14. Intelligent Transportation Systems. 15. Urbanized Area Formula Program. 16. Clean Fuels Grant Program. 17. Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program. 18. Nonurbanized Area Formula Program for States. 19. Job Access and Reverse Commute Program. 20. New Freedom Program. 21. Alternative Transportation in Parks and Public Lands Program. 22. Tribal Transit Program. 23. Infrastructure Finance Projects. 24. Deposits of Federal Financial Assistance to a State Infrastructure Banks. APPENDIX A FEDERAL FISCAL YEAR 2008 FT A CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Name of Applicant: AFFIRMATION OF APPLICANT Monroe County Board of , County Commissioners Name and Relationship of Authorized Representative: rhi'lrl P!=: M("'(,OY, M('lynr BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and directives, and with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2008. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in this document, should apply, as provided, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2008. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986,31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 D.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized in 49 D.S.C. chapter 53 or any other statute In signing this document, I declare under penalties ofpeIjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Date: 12/IQ/2007 Name Charles McCoy, Mayor Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S A ITORNEY For (Name of Applicant): Monroe County Board of County Commissioners As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. Date: Assistant County ~ttorney Each Applicant for FT A fmancial assistance and each FT A Grantee with an active capital or fonnula project must provide an Affinnation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signatw'e, provided the Applicant has on file this Affinnation, signed by the attorney and dated this Federal fiscal year. EXHIBIT H 5316 Year 2008-2009 Job Access and Reverse Commute Program APPLICANT CERTIFICATION AND ASSURANCE TO FOOT Monroe County Transit (BOCC) The Monroe County Board of County Commissioners certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5316 dated December 19, 2007. 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73, Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the event of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life of the vehicles/equipment. 7) It will return project vehicles/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognizes the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior written approval of the Department. 1 O)lt will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. 11 )It will submit an annual financial audit report to the Department, if required by the Department. Date: 12/19/2007 Signature: Charles McCoy, Mayor .. Monroe County Board of County Commissioners Community Services Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 (--~ BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 O,~~,~y ~o~~~~E (305) 294-4641 December 19, 2007 Ms. Carolyn A. Dekle South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Dear Ms. Dekle, Please find enclosed the FTA Section 5316 Year 2008-2009 Job Access and Reverse Commute Program Capital Assistance Grant Application from Monroe County Board of County Commissioners (Monroe County Transit) for your review. Sincerely, Jerry L. Eskew Transportation Administrator CC: L. Carl Filer, P .E., Manager, FDOT Miami Edward Carson, Transit Program Administrator, FDOT Miami BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/19/2007 Division: CSD Bulk Item: Yes -K- No Department: Transportation Staff Contact Person/Phone #:Jerrv Eskew 4425 AGENDA ITEM WORDING: Approval of an application for Federal Assistance between Monroe County Board of County Commissioners, the applicant, and the Federal Transit Administration for Financial Assistance to purchase twelve (12) Mobile Data Terminals and approval for the Mayor to sign the Grant Application, Resolution and Other Application Documents. ITEM BACKGROUND: The FY2008 5317 Grant Application for Federal Assistance Year 2008- 2009, if approved by the Federal Transit Administration, would purchase twelve (12) Mobile Data Terminals with funding coming from the Federal funds for $40,985, State for $5,123 and County match $5,123. The MDT's are to enhance the existing computer-assisted reservation & dispatch system. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACVAGREEMffiNTCHANGES:N/A STAFF RECOMMENDATIONS: Approval of agreement and resolution TOTAL COST: $51.231 BUDGETED: Yes -K-. No COST TO COUNTY: $5.123 SOURCE OF FUNDS: Program Budget Account #001-61525-560641 & FDOT 5317 New Freedom Program Grant REVENUE PRODUCING: Yes _ No -X A~UNT PER MONTH N/A Year N/A APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management ijS- DOCUMffiNTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Federal Transit Admin. Contract # - Effective Date: 7/1/2008 Expiration Date: 6/30/2009 Contract PurposelDescription: Application for Federal Assistance between MCBOCC and the Federal Transit Admin. for Federal Assistance to purchase twelve (12) Mobile Data Terminals and approval for the mavor to silm the Grant Annlication Resolution and Other Annlication Documents. Contract Manager: Jerry Eskew 4425 Transit! #1 (Name) (Ext. ) (Department!Stop #) for BOCC meeting on 12/19/2007 Agenda Deadline: 12/04/2007 CONTRACT COSTS Total Dollar Value of Contract: $ 51,231 Budgeted? YesrsJ No 0 Account Codes: Grant: $ 46,108 County Match: $ 5,123 Current Year Portion: $ 5,123 001-6 ~525-5~0641-~-4eM ----- - - - - ----- Estimated Ongoing Costs: $NNyr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ----- CONTRACT REVIEW Changes ~a~ Ip Needed_ / Division Director 1..!::/2/-07 YesO NoW Risk Mana~ment ID07 Y esO No~ ~ j,,5fl\ / '1/' /, O.M.B./Purch~ing Jd/J/JJt) YesO NoGJ-' County Attorney /;)&1;0') YesO No~ Date Out Comments: OMB Form Revised 2/27/01 MCP #2 Eskew-Jerry '\~ From: Sent: To: edward. carson@dot.state.f1.us Wednesday, November 14, 200710:17 AM Eskew-Jerry; mo .grynewicz@gcmk.org; zully.hemeyer@islamorada.f1.us; cschoepp@healthcouncil.org; mwittenb@keywestcity.com carl. filer@dot.state.f1.us; carol.chong@dot.state.f1.us FTA Section 5317- New Freedom ~ting & Capital Manual 200B.pdf Cc: Subject: Attachments: am 5317 Operating & Capital Manua... Please find attached the (New Freedom) application for 2008. For Monroe County, there is a total f Ie representing current and last year's funding allocations. Eligible i ients limited to public agencies approved to coordinate services for the disabled, private non-profit organizations, CTCs and private for-profit transportation providers. Applications are due to the District Office no later than Tuesday, January 22, 2008. Also, attached is a link to the FTA assurances for the current grant year to be completed. If the Department may be of any assistance, please let me know. EdC. Ed Carson, Transit Programs Administrator FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 6 - PUBLIC TRANSPORTATION OFFICE 1000 NW 111th AVENUE-ROOM 6114 MIAMI, FL 33172-5800 TEL: 305/470-5255 FAX: 305/470-5179 E-MAIL: Edward.Carson@dot.state.fl.us (See attached file: 5317 Operating & Capital Manual 2008.pdf) http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07_5 294.pdf 1 5- '3) / 23 "Participation of Minority Business Enterprise in Department of Transportation Programs.") Matching funds for Section 5317 Operating Assistance (Part B). The Section 5317 federal share of eligible operating expenses may not exceed 50%. Some combination of state, local, or private funding sources must be identified and committed to provide the required non-federal share. In FY 2007-08 all matching funds were local. The non-federal share may be cash, or in kind. It may be local, private, state funds, or (up to one half) unrestricted Federal funds. It may not include funds borrowed against the value of capital equipment funded in whole or in part by state and/or Federal sources. The Section 5317 program is unique to Federal programs in that it permits up to one half the required match to be derived from other unrestricted Federal funds. Federal funds are unrestricted when a Federal agency permits its funds to match Section 5317. Essentially, all Federal social service programs using transit services are unrestricted; other USDOT Programs are not. Contract revenue from the provision of transportation services to social service agencies may also be used as local match. In most other Federal programs, such revenues would be treated as program income, not as match. Non-cash items such as donations of goods or services, volunteered services, or in-kind contributions are eligible to be counted towards the local match only if the value of such is formally documented and supported. Any funds committed as match to another Federal program may not also be used to match Section 5317 funds. Matching funds for Section 5317 Capital Assistance (Part C). Some combination of state, local, or private funding sources must be identified and committed to provide the required non-federal share. Applicants may not borrow funds to use as match nor may they place liens on Section 5317-funded vehicles or equipment. State funds may support UQ to 10% of eligible capital costs. The federal share of eligible capital costs may not exceed 80%. - ~C:J l~ 10 Use of Section 5317 funds/vehicles/equipment. Section 5317 funds/vehicles/equipment may be used for general public transportation services provided on a regular and continuing basi s for qualified individuals. They may also be used for service provided to non-sponsored transportation disadvantaged persons and to social service clients provided there is no restriction on public use of the service. Service may not be designed exclusively to serve the transportation requirements of social service agencies without regard for the mobility needs of the comm unity as a whole. Charter, sightseeing, and exclusive school bus services are not eligible services. Americans with Disabilities Act (ADA). Applicants must comply with the Americans with Disabilities Act, (ADA) of 1990, as amended; Section 504 of the Rehabilitati on Act of 1973, as amended; U. S. DOT regulations, Transportation Services for Individuals with Disabilities (ADA)" at 49 CFR Part 37; and FTA regulations, Transportation for Elderly and Handicapped Persons, 49 CFR Part 609. Administrative requirements. Applicants must supply the appropriate local clearinghouse agency (see Appendix) a copy of its application for Federal Assistance. Each applicant shall request the Clearinghouse to provide a letter of approval of the application to the appropriate FDOT District Office. Copies of correspondence to the clearinghouse agency should be contained in the gr ant application. Section 5317 projects located in an urbanized area must be listed in the Transportation Improvement Program/Biennial Element (TIP/BE) of the respective urbanized area. Although applications for such 5 Applies to Applicants for Capital Assistance (Only) Checklist for Application Completeness 5317 Year 2008-2009 New Freedom Program Name of Applicant: Monroe County Board of County Commissioners Check one: First-time Applicant l.Previous Applicant _ The following must be included in the Application for Section 5317 Capital Assistance in the order listed. X This Checklist X Applicant's cover letter and 2 copies of the governing board's Resolution X Application for Federal Assistance (Form 424, Code 20.509) N/A Forms B-1 and B-2 (Operating and Administrative Expense & Revenues- Operating Assistance) X Forms C-1 and C-2 (Operating and Administrative Expense & Revenues- Capital Assistance) X Form C-3 (Current Vehicle and Transportation Equipment Inventory) X Form C-4 (Capital Request) X Exhibit A-1: Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing Notice and Publisher's Affidavit (for public agencies only.) X Exhibit E: Single Audit Act, and a copy of the latest audit, if applicable N/A Exhibit E-1: Certification of Exemption from Single Audit Act, if applicable X Exhibit F: Federal Certification and Assurances N/A Exhibit G: Certification of Equivalent Service (if grant is for non-accessible vehicles) X Exhibit H: Applicant Certification and Assurance to FDOT X Exhibit I: FTA Section 5333(b) Assurance N/A Exhibit J: Protection of the Environment (if grant is for facilities) Date application was submitted copy to Local Clearinghouse: January 22, 2008 Additional documents required from New Applicants: -X.. Exhibit A: Current System Description Monroe County Board of County Commissioners Community Services Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 (~- ..--......- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 O,~~rY ~o~~~E (305) 294-4641 State of Florida Department of Transportation Grant Application Monroe County Board of County Commissioners submits this Application for the Section 5317 New Freedom Program and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Checklist for Application Completeness. Monroe County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768.28, Florida Statutes to indemnify, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any ofthe assurances stated in this Application. This Application is submitted on December 19, 2007 with two (2) original resolutions or certified copies of the original resolution authorizing Mayor Charles McCoy to sign this Application. Monroe County Board of County Commissioners By: Date: 12/19/2007 Charles McCoy, Mayor Privacy Statement: This letter and any files accompanying it are intended only for the person or entity to which it is addressed and may contain confidential materials and/or material protected by law. Any retransmission or use of this information may be a violation of that law. If you received this in error, please contact the sender and destroy the material. ASSISTANT Date RESOLUTION NO. - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SIGNING AND SUBMISSION OF A FEDERAL TRANSIT ADMINISTRATION, 49 U.S.c., SECTION 5317 YEAR 2008-2009 "NEW FREEDOM PROGRAM CAPITAL ASSISTANCE" GRANT APPLICATION, SUPPORTING DOCUMENTS AND ASSURANCES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PURCHASE TWELVE (12) MOBILE DATA TERMINALS AND ACCEPTANCE OF ANY SUBSEQUENT GRANT AWARD. WHEREAS, the Board of County Commissioners of Monroe County, Florida have the authority to apply for and accept grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and! or by the Federal Transit Administration Act of 1964 as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: The submission of a Federal Transit Administration, 49 U.S.C., Section 5317 Year 2008-2009, "New Freedom Program Capital Assistance" Grant Application(s), supporting documents and assurances to the Florida Department of Transportation to purchase (12) Mobile Data Tenninals is hereby approved. Section 3: The Mayor of the Monroe County Board of County Commissioners is hereby authorized to sign the application and accept any subsequent grant award, unless specifically rescinded. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 19th day of December, 2007. Mayor McCoy Mayor Pro Tem DiGennaro Commissioner Spehar Commissioner Murphy Commissioner Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SU~~ITTED ~flicant Identifier \z..I, Cj ~ 0 5 7 FY2008 1. TYPE OF SUBMISSION: .). UAI t: ECEIVED BY STATE State Application Identifier Application Pre-application o Construction IJ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier IZI Non~onstructlon o Non~onstructlon 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Monroe County Board of County Commissioners Department: Monroe County Transit OrRanizational DUNS: Division: NI Community Services Division Address: Name and telephone number of person to be contacted on matters Street: Involving this application (give area code) Prefix: First Name: 1100 Simonton Street Room 1-188 Mr. Jerry City: Middle Name Key West L. County: Last Name Monroe Eskew State: Zij:! Code Suffix: Florida 33040 CountrY.: Email: United States eskew-jerry@monroecounty-f1.gov 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code) ~@]-~@]~[][]@]~ 305 292-4425 305 292-4411 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back ofform for Application Types) Ii'} New ID Continuation IIJ Revision B. County f Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) 0 0 Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY; Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ~@]-[]~ITJ Capital Assistance (Part C) for purchase of Mobile Data terminals for Paratransit Buses to provide real-time update of Paratransit Computer TITLE (Name of Program): Aided Reservation and Dispatch System. (Microcomputer Hardware & Federal Transit Administration Section 5317 New Freedom Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Software) Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant ~ b. Project July 2008 June 2009 18th Congressional District 8th Congressional District 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal ~ w ll2] THIS PREAPPLlCATION/APPLlCATION WAS MADE 40,985 a. Yes.. AVAIlABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant :ji -w- PROCESS FOR REVIEW ON 5,123 c. State $ "" DATE: 5,123 d. Local :ji "" PROGRAM IS NOT COVERED BY E. 0.12372 b. No. lD e. Other w IJ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 1. Program Income 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL w o Yes If "Yes" attach an explanation. IZl No 51,231 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE bOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. I ::I. Authorized Renre,:;entative M';efix I First Name Middle Name r. Charles Last Name ~uffix McCoy b. Title . Telephone Number (give area code) Mayor 305 292-3430 d. Signature of Authorized Representative ~ Da~~~: -1 2007 Previous Edition Usable ~E COUNTY~RNEY ~ Standard Form 424 (Rev.9-2003) Authorized for Local Reoroduction R RO~ED Y. F: RM: Prescribed bv OMB Circular A-102 I -I ' t( . '.,(,t'-'f..4c .... fA \j . 7 P -.::...- 0 0 STAN~~UNTY ATTORNEY 12/~ 611 ate . FORM C-1 & C-2 TRANSPORTATION-RELATED OPERATING AND ADMINISTRATIVE EXPENSE & REVENUE 5317 YEAR 2008-2009 "NEW FREEDOM PROGRAM" Name of Applicant Monroe County Board of County Commissioners (Monroe County Transit) Fiscal Period from 10/01/2007 to 09/30/2008 Budget Form C-1 TRANSPORTATION-RELATED OPERATING and ADMINISTRATIVE EXPENSES EXPENSE CATEGORY EXPENSE $ Labor (501) $579,030 Fringe and Benefits (502) 265,532 Services (503) Materials and Supplies (504) 60,000 Vehicle Maintenance ( 504.01) 154,055 Utilities (505) 3,000 Insurance (506) 33,198 Licenses and Taxes (507) Purchased Transit Service (508) Miscellaneous (509) 50,000 Leases and Rentals (512) Depreciation (513) 16,749 TOTAL EXPENSE $1,161,564 Form C-2 TRANSPORTATION -RELATED OPERATING and ADMINISTRATIVE REVENUES OPERATING REVENUE REVENUE $ Passenger Fares for Transit Service (401) $ 40,000 Special Transit Fares (402) Other (403-407) (identify by appropriate code) TOTAL OPERATING REVENUE $ 40,000 OTHER REVENUE SOURCES Taxes Levied Directly by the Transit System Local Cash Grants and Reimbursements $1,051,564 (409) Local Special Fare Assistance (410) State Cash Grants and Reimbursements 70,000 (411) ARCA State Special Fare Assistance (410) Federal Cash Grants & Reimbursements (413) Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of<5Perations (440) TOTAL OF OTHER REVENUE $1,121,564 GRAND TOTAL OF OTHER REVENUES $1,161,564 1\)1\) I\) I\) 1\)1\) 1\)1\) 1\)1\) 1\)1\) 1\)1\) I\) I\) 1\)..... ..... 00 00 00 00 00 00 00 00 0<0 <0 00 00 00 00 00 00 00 00 0<0 <0 -...j-...j en en en en 0101 01 (..0) (..0)1\) ..... ..... 00 0<0 (Xl en 01 ~~ 01~ 1\)1\) 1\)..... .....1\) ..... ..... ..... ..... ..... ..... 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("') (6" 3:1>> o ~ ~ c. (3 -I ~ Dl o~ o tn C" ~ 0 )>~ S- tnOl=:!:. 000 ....o~" Oomo ("') .c.., -- c 3 g. ~ -So 0 ~ ~ 3 · .., .., ~ (,.) I\)O~ O~_ ~oS- o < c ~ ~ ~ ~o -I~ .., I>> CJ1 ~ (,.) tn ~ ;::;:....... --< ~ I>> .., - I\) o o 00 . I\) o o co - Form C-4 CAPITAL REQUEST FORM 5317 Year 2008-2009 New Freedom Program Monroe County Transit (BOCC) VEIDCLE REQUEST GMIS code RorE Number Description (b) (c) Estimated (This column (a) Requested Cost for FDOT use ONLY) 11. -- II. -- II. -- II. -- II. -- Subtotal $ EQUIPMENT REQUEST (C) 11. E 12 Mobile Data Terminals 51,231.00 -- II. -- II. -- II. -- Subtotal $51,231.00 (a) Replacement (R) or Expansion (E). (b) Provide a brief description including the length and type vehicle, type of fuel, lift or ramp, number of seats and wheelchair positions. Do not show the Make. For example, 22' diesel bus with lift, 12 ambo Seats, 2 w/c positions. (c) Show mobile radios, computer hardware/software, etc. under "Equipment Request" . VEHICLE SUBTOTAL $ 0 + EQUIPMENT SUBTOTAL$ 51,231= $51,231 (X). (X) X 80 % = $40,985 [Show this amount on Form 424 in block 15 (a) ] EXHIBIT A-1 FACT SHEET 5317 Year 2008-2009 NEW FREEDOM PROGRAM Monroe County Transit (BOCC) CURRENTL Y IF GRANT IS AWARDED (Estimates are acceptable) 1. Number of one-way trips provided 38,011 42,000 goal to elderly and persons with disabilities (E & D) PER YEAR 2. Number of individual E & D served 978 1,200 goal (unduplicated) PER YEAR 3. Percentage of E & D needing 14.0% 14.0 - 16.0% wheelchair positions AVERAGE 4. Number of vehicles used to 9 9 provide service AVERAGE 5. Number of ambulatory seats AVG 200 212 to 216 depends on exact configuration chosen 6. Number of wheelchair positions 58 62 to 64 depends on exact AVERAGE configuration chosen 7. Vehicle miles traveled PER YEAR 235,026 230,000 - 250,000 8. Average vehicle miles PER DAY 964 900 - 1000 9. Normal number of days in 5 5 operation PER WEEK 10. Normal hours of vehicle 8 a.m. until 5 p.m. 8 a.m. until 5 p.m. operation PER DAY 11. Trip length AVERAGE 4.12 4.0 - 5.0 EXHIBIT B 5317 Year 2008-2009 NEW FREEDOM PROGRAM PROPOSED PROJECT DESCRIPTION Monroe County Transit (BOCC) When awarded, funds will be used to enhance the reservation and dispatch system of Monroe County Transit (MCT). MCT serves the entire geographic area known as the Florida Keys, an elongated island chain extending 120 miles from mainland Miami-Dade County. Currently, the system is heavily reliant on staff intervention to ensure reserve and dispatch trips. Implementation of a computer-assisted software program will provide real-time opportunities for demand reservation booking. This system enhancement will allow for the latest vehicle movements to be searched and for these data to be immediately available. It is believed that the availability of real-time vehicle location data will result in the following positive impacts: . · increased trips being booked within a rider's requested timeframe · more trips provided · better on-time performance · improved customer satisfaction · enhanced convenience to the most at-risk rider class. Mobile Data Terminals have the added benefit of allowing the dispatch staff to track the location and progress of each vehicle in the MCT fleet. This information can be related to customers inquiring into the expected arrival time of the MCT bus. MCT riders are Monroe Count's most elderly, frail, and handicapped who are unable to wait in the hot sun, rain, or other elements for any prolonged period. Therefore, rider knowledge of pickup and drop off times can be critical for a significant number of riders. MCT also serves those persons with Special Needs, specifically the elderly and handicapped, taking them to safety when storms threaten the Florida Keys. Transportation of persons to Special Needs Shelters is assured by maintaining a well-equipped transit fleet. Mobile Date Terminals will further enhance the mobilization and operation of the Special Needs responsibilities of MCT. No disruption in regular service will be experienced when Mobile Data Terminals are installed within the vehicles. EXHIBIT C 5317 Year 2008-2009 "New Freedom Program" PUBLIC NOTICE Monroe County Transit (BOCC) All interested parties within Monroe County are hereby advised that Monroe County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5317 of the Federal Transit Act of 1991, as amended, for the purchase of 12 Mobile Data Terminals to be used to enhance public transit services within Monroe County, Florida. A Public Hearing has been scheduled at 9:00 a.m. on 12/19/2007, Marathon Government Center 2798 Overseas Highway, Marathon, Florida, for the purpose of advising all interested parties of service being contemplated if a grant is awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. Monroe County, FL - 2007 BOCC Meeting Dates Page 1 0[2 The mission of Monroe County is to provide outstanding public service responsive to the needs of our citizens, our unique community, and our environment. S\f About MonnMI County !!J' Coulttr co...Is!iItolMl'S Sii 0lIpIa. . ~ ..~ CoMlbt:foMI Oft'~ /,. ~iJ] Ulefal Web SihIIi ~ Pan E:s:IMi\ol ;@SubKrlbe to Hews :!~I CofIt8ct us 1'1'- ~) "':P.! Coulttr HOllIe ~ Search Our Sita I Google Search I (:C) , .glc" "';"'-:,.":J.u -\-"':"".:t-. ~ no .___:""~L"."- ~ -... r.."'')>.' . ---.".,.. ~..~)- '- 2007 BOCC Meeting Dates Printer-Frienqly Version MEETINGJ)A TES * AGENDADEAVLINE LOCA TIQN 1117/07 - 1118/07 t/2/07 Harvey Government Center 2/2 t/07 - 2/22/07 2/6/07 Key Largo Library 3/2 t/07 - 3/22/07 3/6/07 Marathon Government Center 41t8/07 - 4/l9/07 4/3/07 Harvey Government Center 5/16/07 - 5/l7/07 5/t/07 Key Largo Library 6/20/07 - 6/2 t/07 6/5/07 Marathon Government Center 7/18/07 - 7/19/07 7/3/07 Harvey Government Center 8/15/07 - 8/16/07 7/3l/07 Key Largo Library 9/l9/07 - 9/20/07 9/4/07 Marathon Government Center 10/l7/07 - 1O/l8/07 10/2/07 Harvey Government Center tt1t4/07 - It/15/07 10/30/07 Key Largo Library 112/19/07 - 12/20/07~ 12/4/07 ....... _ Marathon GOV~~~::~' ] t I~~nt~,~ "~.-. .....,."., ",'-.'~ "' All meetings in all areas begin at 9:00 a.m. Key Largo Library Gov't Center Tradewinds Shopping Center Truman Ave. 101485 Overseas Highway Mile Marker 101 Approved at the :\owmber 15, 2006 BOCC meeting. Marathon Gov't Center Harvey 2798 Overseas Highway 1200 Mile Marker 50 Key West http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL _ BOCC12007 schedule 11/16/2007 - E\cU'8tT E . I It, It ., . I ." ~H ~ ''d ll'" ....,'\..........'" . ~ j""".....l I I \1'\iI1 '" Indeoendent Auditors' Reoort on Internal Control Over Financial Reoortlna and On ComOllance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Audltlna Standards To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of Monroe County, Florida (the "County") as of and for the year ended September 30, 2006, which collectively comprise the County's basic financial statements, and have issued our report thereon dated February 2, 2007. We did not audit the financial statements of the Monroe County Housing Finance Authority (the "Authority"), the County's discretely presented component unit. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Authority, is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the County's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. 1-1 Compliance and Other Matters As part of obtaining assurance about whether the County's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed an instance of noncompliance or other matters that are required to be reported under Government Auditing Standards, which is described in the accompanying schedule of findings and questioned costs as item 06-01. We noted other matters involving internal control over financial reporting that we have reported to management of the County in a separate management letter dated February 2,2007. This report is intended solely for the information and use of management, the County Mayor, and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P ctr. 64t?~~)l.L.~ Orlando, Florida February 2, 2007 1-2 - ( J ~ ~ I. IJ ~ r'r l~l l~ 'l 1 ..It '\ 1 ~ ~~ I ..... .\ C l~"'I'll\'\.I"" IndeDendent Auditors' ReDort on ComDllance and Internal Control Over ComDliance ADDlicable to each Malor Federal Awards Proaram and State Financial Assistance Prolects To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: Compliance We have audited the compliance of Monroe County, Florida (the "County") with the types of compliance requirements described in the U. S. Office of Management and Budget (OMS) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30, 2006. The County's major federal awards programs and state financial assistance projects are identified in the summary of auditors' results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws. regulations, contracts, and grants applicable to each of its major federal awards programs and state financial assistance projects is the responsibility of the County's management. Our responsibility is to express an opinion on the County's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMS Circular A-133. Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMS Circular A-133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether non- compliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal awards program or state financial assistance project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30, 2006. However, the results of our auditing procedures disclosed one instance of noncompliance with those requirements that is required to be reported in accordance with applicable sections of OMS Circular A-133, which is described in the accompanying Schedule of Findings and Questioned Costs as Item 06-2. 1-3 Internal Control over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal awards programs and state financial assistance projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and rnaterial effect on a major federal awards program or state financial assistance project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMS Circular A.133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that non-compliance with applicable requirements of laws, regulations, contracts, and grants caused by error or fraud that would be material in relation to a major federal awards program or state financial assistance project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of management, the County Mayor and the Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies. and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. ctr. 6,4f?f!~iLL.~ Orlando, Florida March 19. 2007 1-4 THIS PAGE INTENTIONALLY LEFT BLANK Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30,2006 Federal/State Agency, Pass-through Entity Federal PrOQramlState Proiect Department of Agriculture: Passed through State Department of Elder Affairs and Alliance for Aging: NSIP 2006 NSIP 2005 Total Federal Agency Department of Health and Human Services: Passed through State Department of Elder Affairs and Alliance for Aging: Title IIIB Support Services - 2005 Title IIIB Support Services - 2006 Total Program Title IIIC-1 Congregate Meals - 2005 Title IIIC-2 Home Delivered Meals 2005 Title IIIC-1 Congregate Meals - 2006 Title IIIC-2 Home Delivered Meals 2006 Total Program Title III-E In-Home Services - 2005 Title '"-E In-Home Services - 2006 Total Program Passed through Florida Department of Revenue: Child Support Enforcement Title IV-D Passed through State Department of Community Affairs: Low Income Home Energy Assistance Prog 2005 Low Income Home Energy Assistance Prog 2006 Total Program Total Federal Agency Department of Housing and Urban Development: Passed through State Department of Community Affairs: Community Development Block Grant Department of the Interior: Direct Program: Fish and Wildlife Service: Clean Vessel Act - 2006 The accompanying notes are an integral part of this schedule. 1-5 CFDA Number Contract Grant Number Expenditures 10.570 10.570 US651 US551 $ 33,304 849 34,153 93.044 AA529 63,679 93.044 AA629 53,061 116,740 93.045 AA529 74,835 93.045 AA529 100,706 93.045 AA629 58,128 93.045 AA629 105,835 339,S04 93.052 AAS29 12,684 93.052 AA629 40,972 53,656 93.563 CC344 140.313 93.568 05EA-5K-11-54-01-019 53,498 93.568 06EA-3M-11-54-01-019 82,362 135,860 786,073 14.228 03DB-1A-11-54-01-H32 307,968 15.616 V-10, Segment 1 21,404 r-6 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30, 2006 Federal/State Agency, Pass-through Entity Federal Proaram/State Project Department of Justice: Direct Program: Bureau of Justice Assistance: Bulletproof Vest Partnership Program Local Law Enforcement Block Grant Program Local Law Enforcement Block Grant Program Total Program Passed through Office of the Attorney General: Victims of Crime Acts Passed through Florida Department of Law Enforcement: Edward Byrne Memorial Justice Assistance Grant Program - US Fellowship _ 2006 Edward Byrne Memorial Justice Assistance Grant Program - Boys & Girls Club - 2006 Edward Byrne Memorial Justice Assistance Grant Program - Care Center _ 2006 Edward Byrne Memorial Justice Assistance Grant Program - MC Educ. Foundation _ 2006 Total Program Edward Byrne Memorial Formula Grant Program - Sheriff Livescan Grant _ 2006 Edward Byrne Memorial Formula Grant Program - Sheriff livescan Grant _ 2006 Total Program Residential Substance Abuse Treatment Me Jail Incarceration Program Total Federal Agency Executive Office of the President: Direct Program: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas The accompanying notes are an integral part of this schedule. 1-7 CFDA Number Contract Grant Number EXDsndltures 16.607 $ 32,602 16.592 2003-LB-BX -0804 4,906 16.592 2004-LB-BX -1113 25,038 29,944 16.575 V5082 305,051 16.738 2006-JAGC-MONR-1-M8-138 49,878 16.738 2006-JAGC-MONR-4-M8-136 16,975 16.738 2006-JAGC-MONR-2-M8-135 42,573 16.738 2006-JAGC-MONR-4-M8-139 29,715 139,141 16.579 06-CJ-K3-11-54-0 1-264 76,862 16.579 06-CJ-J3-11-54-01-289 38,431 115,293 16.593 2006-RSA T -MONR-1-7Q-003 50,000 672,031 07.13PMIP586 07.13PPRP578 07.J3PMIP5980 07.13PMIP999 07.J4PMJP586 07./4PMIP598 07./4PPRP578 07.11PPRP578 07.12PPRP578 07.'2PMIP5981 07.14PMIP999Z 07.14PMIP5980 13PMJP586 13PPRP578 f3PMIP5980 f3PMIP999 14PMIP586 14PMIP598 14PPRP578 11PPRP578 12PPRP578 12PMIP5981 :4PMIP999Z 14PMIP5980 432,723 109,218 450,120 129,073 519,868 596,300 173,841 78,179 155,378 612,114 14.884 302,229 1-8 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects- Continued For the Year Ended September 30,2006 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Executive Office of the President Continued: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas Total Federal Agency Department of Transportation: Direct Program: Federal Aviation Administration: Key West AIP-3718 Key West AIP-3721 Key West AIP-3722 Key West AIP-3723 Key West AIP-3724 Key West AIP-3725 Key West AIP-3727 Key West AIP-3728 Key West AIP-3729 Key West AIP-3730 Marathon AIP-4420 Marathon AIP-4421 Marathon AIP-4422 Marathon AIP-4423 Total Federal Agency Federal Highway Administration: Passed through State Department of Transportation Highway Planning and Construction Transportation Planning Assistance Florida Keys Scenic Highway Interpretive/Master Plan Total Federal Agency The accompanying notes are an integral part of this schedule. 1-9 CFDA Number 07./5PMJP586 07.15PMIP598 07.15PPRP578 07.15PMIP5980 07.15PMIP5981Z 07.J5PLAP600Z 07.ISPMIP586 07.16PMIP598 07.1SPPRP578 20.10S 20.106 20.10S 20.10S 20.106 20.106 20.10S 20.106 20.106 20.10S 20.106 20.10S 20.106 20.10S 20.205 20.205 Contract Grant Number /5PMIP586 15PMIP598 15PPRP578 15PMJP5980 15PMIP5981Z J5PLAP600Z ISPMIP586 16PMIP598 16PPRP578 3-12-0037 ~ 1802 3-12 -003 7-021-2003 3-12-0037 -022-2003 3-12-0037-023-2004 3-12-0037 -024-2004 3-12-0037-025-2004 3-12-0037-027-2005 3-12-0037-028-2006 3-12-0037 -029-200S 3-12-0037-030-2006 3-12 -0044-020-2004 3-12-0044-021-2005 3-12 -0044-022 -2006 3-12 -0044-023-2006 F AP#8888-488 SBF3-003 Expenditures $ 4,181,905 1,457,079 3.457,043 138,430 9,080 12,000 4,814,293 844,477 2,289,301 20,777,535 (5,492) (11,526) 7,954 1,746,229 169,466 8,353 3,984,268 491,524 9,211 29,636 150,216 83,647 1,375 557,125 7,221,986 174,999 90.760 265,759 1-10 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30,2006 Federal/State Agency, Pass-through Entity Federal ProQram/State Proiect Department of Homeland Security: Passed through State Department of Community Affairs: Public Assistance Programs Hurricane Dennis - FEMA-DR-1595-DR-FL Hurricane Katrina - FEMA-DR-1602-FL Hurricane Rita - FEMA-DR-3259-EM-FL Hurricane Wilma- FEMA-DR-1609-FL Hurricane Wilma-Sheriff- FEMA-DR-1609-FL Total Program Homeland Security-EOC Security Improvements Law Enforcement Terrorism Prevention Total Program Fire Technical Rescue Resource Emergency Management Base Grant Homeland Security Florida's Domestic Security Deep Water Vessel Issue Total Program Total Federal Agency United States Treasury Department: Passed through Office of the Attorney General: Federal Asset Sharing Forfeiture Program Total Expenditures of Federal Awards The accompanying notes are an integral part of this schedule. 1-11 CFDA Number Contract Grant Number Expenditures 97.036 06-DN-@G-11-54-00-632 $ 565,560 97.036 06-KT -8&-11-54-01-516 429,190 97.036 06-RT-&W-11-54-01-529 506,449 97.036 10.860,365 97.036 06-Wl-&K-11-54-23-794 1,826,827 14.188,391 97.004 2005-CJ-l2-07 -54-01-165 22,947 97.004 2006-lETP-MONR-1-N 1-027 83,985 106.932 97.007 7,522 97.042 068G-04-11-54-0 1-098 29,703 97.067 06-DS-3W-11-54-01-309 8,069 97.067 FWCC 05187 114,302 122.371 14,454.919 21.000 605,876 $ 45,147,704 1-12 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30,2006 State Aaency Name Florida Department of Community Affairs: Bicycle & Pedestrian Plan 2005 Emergency Management Base Grant - 2006 Total Department Florida Department of Children and Families: Community Care for Disabled Adults 2005 Community Care for Disabled Adults 2006 Total Department Florida Department of Elder Affairs: Passed through The Alliance for Aging: Home Care for the Elderly - 2005 Home Care for the Elderly - 2006 Total Program Alzheimer's Disease Initiative - 2005 Alzheimer's Disease Initiative - 2006 Total Program Community Care for Elderly 2005 Community Care for Elderly 2006 Total Program Total Department Florida Department of Environmental Protection: Exotic Plant Control Services Small Counties Solid Waste -2006 Total Department Florida Department of Health and Rehabilitative Services: EMS County Award 2006 Florida Department of Juvenile Justice: Intensive Delinquency Diversion Service . Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 1-13 CSFA Number ract Grant Number Expenditures 52.004 52.008 60.008 60.008 FM#252077114011/AN08~ $ 06-BG-04-11-54-01-098 28,605 $ 102,959 131,564 KG-052 KG-058 51,255 16,611 67,866 65.001 KH-572 35,644 65.001 KH-672 12,736 48,380 65.004 KZ597 39,341 65.004 KZ697 17,805 57,146 65.010 KC571 313,756 65.010 KC671 115,360 429,116 534,642 37.012 64.005 80.022 PL029 SC624 70.764 191,176 261,940 C5044 59,845 P6K01 179,855 1-14 Transfer To Subrecloients* (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30,2006 State AQencv Name Florida Department of State: State Aid to Libraries Florida Department of Transportation: Overseas Heritage Trail Design & Construction Overseas Heritage Trail Safety Improvements Total Program litter Control and Prevention Grant - Keep America Beautiful Systems - 05/06 Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West & Marathon Airport Marathon Airport Total Program Total Department Florida Fish & Wildlife Conservation Commission: Boating Improvement Fund Public Water Access and Marine Facilities Management Plan T otaf Department . Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 1-15 CSFA Number ract Grant Number 45.030 55.008 55.008 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 77.006 77.006 06-ST -38 AL005/F M#41 0504-1-54-01 AL 146/FM#41 0504-1-54-02 AOF24 41265919401/AL021 41286519401/AL288 41458418401JAN103 41459819401JAN843 41646619401JAN/11 41253519401/ANJ94 41468319401/ANl56 41646419401/ANl57 41646919401/ANK50 41265919401/ANU96 41265819401/ANU97 25426919402/AK043 41468419401/ANJ96 04148 Expenditures $ 107.885 $ 180,471 447,461 627,932 228 (380) 31,704 1,137,314 (648) (761 ) 13,806 1,386 389 (6,595) 5,217 32,147 127,699 1,053 1,342,331 1,970,491 261,969 25,290 287,259 '-16 Transfer To Subrecipients* (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30.2006 State A~encv Name Florida Housing Finance Corp.: State Housing Initiative Program State Housing Initiative Program State Housing Initiative Program Total Department Total Expenditures of State Financial Assistance . Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 1-17 CSFA Number Contract Grant Number Expenditures 52.901 SHIP 02-03 PLAN 4 YR 2 $ 69,056 $ 52.901 SHIP 03-04 PLAN 4 YR 3 756.174 52.901 SHIP 04-05 PLAN 5 YR 1 251,007 1,076,237 $ 4,677,584 $ 1-18 Transfer To Subrecipients* Monroe County, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2006 Note 1 - Reporting Entity For reporting entity purposes, the Schedule of Federal Awards and State Financial Assistance Projects (the "Schedule") presents the Federal and State grant activity of Monroe County, Florida (the "County") primary government and its blended component units. Note 2 - Summary of Significant Accounting Policies The accounting policies and presentation of the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects are presented on the modified accrual basis of accounting and in accordance with accounting principles generally accepted in the United States of America as applicable to governmental organizations. The information in this schedule is presented in accordance with the requirements of OMS Circular A~133J Audits of States, Local Governments, and Non-Profit Organizations and the Florida Single Audit Act. Therefore, some amounts presented in this schedule may differ from amounts presented in, or used in the preparation of the basic financial statements. Over the past years, the County was declared a major disaster area by the President of the United States due to damages incurred from several hurricanes. As a result the County is eligible for financial relief from the Department of Homeland Security, Federal Emergency Management Agency. Amounts included on the schedule are eligible expenditures incurred by the County through September 30, 2006 and paid primarily from the Governmental Grants fund. These funds were reimbursed with the grant from the awarding agencies. '~19 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30,2006 PART I . SUMMARY OF AUDITORS' RESULTS 1 . The Independent Auditors' Report on the financial statements expresses unqualified opinions. 2. No reportable conditions relating to the audit of the financial statements are reported in the Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements in Accordance with Government Auditing Standards. 3. One nonmaterial instance of noncompliance to the financial statements of Monroe County, Florida was disclosed during the audit. 4. No reportable conditions relating to the audit of major federal or state financial assistance projects are reported in the Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to Each Major Federal Awards Program and State Financial Assistance Projects. 5. The Independent Auditors' Report on Compliance for each Major Federal Awards Program and State Financial Assistance Projects expressed an unqualified opinion. 6. One audit finding relative to major federal awards programs for Monroe County, Florida is reported in this Schedule. 7. No audit findings relative to major state financial assistance projects for Monroe County, Florida are reported in this Schedule. 8. The threshold for distinguishing Type A and Type B programs/projects was $1,354,432 for major federal awards programs and $300,000 for major state financial assistance projects. 9. The County qualified as a fow-risk auditee for federal Single Audit purposes, as that term is defined in OMB Circular A-133. 10. The programs/projects tested as major programs/projects included the following: Federal Programs Federal CFDA No. Federal Aviation Administration 20.106 Public Assistance Programs 97.036 1-20 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30,2006 PART I - SUMMARY OF AUDITORS' RESULTS (CONTINUED) State Projects State CSFA No. Aviation Development Grants 55.004 County Incentive Grant Program - Overseas Heritage Trail 55.008 Community Care for the Elderly 65.010 PART 11- FINDINGS - FINANCIAL STATEMENTS This section identifies the reportable conditions, material weaknesses, and instances of noncompliance related to the financial statements that are required to be reported In accordance with Government Auditing Standards. FINDING 06-01: Non-compliance with Laws and Regulations Criteria: Florida General Statutes require that actual expenditures do not exceed appropriated expenditures at the legal level of budgetary control. Condition: During our audit we became aware of several instances where vendor invoices had been received by various department personnel, held for a period of time by these departments, and then submitted for payment to the finance department. Effect: The delay in payment, and therefore, the grant revenue resulted in the County having to report a deficit fund balance of $7,858,602 in the Government Grants Special Revenue Fund and $459,302 in the Sheriffs Grants Special Revenue Fund. The lack of the timely submission of these invoices for payment also resulted in the expenditures exceeding appropriations in the Community Services Management cost center (Board's level of budgetary control) of the General Fund by $2,117, Growth Management Administration cost center of the Unincorporated Area Service District-Planning, Building and Zoning Special Revenue Fund by $233,858, and the Boating Improvement cost center of the Boating Improvement Special Revenue Fund by $30,912. 1-21 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30,2006 FINDING 06-01: (continued) Cause: There appears to be a Jack of understanding by departments for the need to submit invoices timely to the Finance Department. Recommendation: We recommend that the County implement appropriate procedures to prevent this from reoccurring in the future. PART'" . FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS PROGRAMS FINDING 06-02: Non-compliance with Laws and Regulations Federal Aviation Administration Program Name: Airport Improvement Program CFDA#: 20.106 Criteria: The use of federal funding for construction projects requires monitoring of the Davis Bacon Act requirements for contracts exceeding $2,000. Condition: During our audit, we were not provided with construction contracts that included the required language for compliance with the Davis Bacon Act for several contractors used in airport construction projects. While the required payroll information was provided for our selected items, there was no documentation to support that the information was actually reviewed for compliance with appropriate Department of Labor wage determinations. We also noted that one of the payrolls tested did not include the certification signed by an official of the contractor. Effect: Non-compliance with the requirements of grant agreements. Questioned Costs: N/A. We compared the wage rates per the payrolls provided against the Department of Labor's wage determinations, noting the wages paid were in compliance. Cause: Lack of established procedures for documentation of compliance. 1-22 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30,2006 FINDING 06-02: (continued) Recommendation: We recommend that a procedure be implemented to ensure the review of Davis Bacon compliance is documented. We also recommend that contracts with subcontractors contain the appropriate language to ensure compliance with the Davis Bacon Act. PART IV - FINDINGS AND QUESTIONED COSTS - MAJOR STATE FINANCIAL ASSISTANCE PROJECTS There are no findings or questioned costs reported. 1-23 Monroe County, Florida Summary Schedule of Prior Audit Findings and Corrective Action Plan Federal Awards Programs and State Projects For the Year Ended September 30, 2006 Prior Year Audit FindinQs: There were no audit findings in the prior year independent auditors' reports that required corrective action. Corrective Action Plan: Finding: 06-1 A Name of Contact Person: Sal Zappulla, Budget and Finance Director Tina Boan, OMS Director S. Corrective Action: Appropriate action has been taken regarding the management and control of invoices. Measures have been implemented to ensure all departments follow the current Monroe County procurement policy, which requires, that departments encumber funds from their budget allocations in advance for all goods and services. This process is being closely monitored for compliance which we feel will improve internal controls and prevent any future budgetary compliance issues. C. Proposed Completion: Corrective action to be taken immediately upon completion of the audit. Finding: 06-2 A Name of Contact Person: Peter Horton, Airport Director B. Corrective Action: Both the Monroe County Legal Department and URS, the Airport Engineering firm, will be notified of the need for Davis Bacon Compliance language in all future construction contracts for General Contractor or Subcontractor work on airport projects. In the future. at project closeout and before the final check is drawn for retainage, proof of Davis Bacon compliance will be required from all General and Subcontractors who worked on the project. Corrective action to be taken immediately upon completion of the audit. C.Proposed Completion: 1-24 THIS PAGE INTENTIONALLY LEFT BLANK - t . 101: II~ II ~ I I"' UI t4 ,. I tlot ~r........... "t . IIN'l j I A~ T\ Independent Auditors' Management Letter To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the basic financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of Monroe County, Florida (the "County") as of and for the year ended September 30, 2006, and have issued our report thereon dated February 2, 2007. These financial statements are the responsibility of the County's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Monroe County Housing Finance Authority (the "Authority"), a discretely presented component unit of the County. Those financial statements were audited by other auditors whose report thereon has been furnished to us. and our opinion, insofar as it relates to the amounts included for the Authority is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and our Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to each Major Federal Awards Program and State Financial Assistance Project. Disclosures in these reports, which are dated February 2. 2007 and March 19, 2007, respectively. should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1 )(h)1) require that we address in the management letter, if not already addressed in the auditors' reports on internal controls, compliance and other matters or schedule of findings and questioned costs, whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. There were no findings in the preceding annual financial audit report. The Rules of the Auditor General (Section 10.554(1 )(h)2) state that a management letter shall have a statement as to whether or not the County complied with Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit of the basic financial statements of the County. the results of our tests did not indicate that the County was in noncompliance with Section 218.415 regarding the investment of public funds. The Rules of the Auditor General (Section 10.554(1 )(h)3) require disclosure in the management letter of any recommendations to improve the County's management, accounting procedures, and internal controls. Reference to recommendations is provided in separate management letters for each County agency. J-1 The Rules of the Auditor General (Section 10 .554( 1 )(h)4) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on compliance and internal controls or schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g.. the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. There were no such matters noted. The Rules of the Auditor General (Section 10.554(1 )(h)5) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. Such disclosure is included in notes to the financial statements. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit of the financial statements of the County, the results of our tests did not indicate that the County met any of the specified conditions of a financial emergency contained in Section 218.503(1). However, our audit does not provide a legal determination on the County's compliance with this requirement. The Rules of the Auditor General (Section 10.554(1)(h)6.b.) state that a management letter shall include a statement as to whether or not the financial report filed with the Florida Department of Financial Services, pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the current audit period and, if not, explanations of any significant differences. It should be noted that the County's basic financial statements contain a discretely presented component unit, defined as part of the reporting entity under accounting principles generally accepted in the United States of America, for which the County has not been deemed the local goveming authority for purpose of the annual report. In connection with our audit of the County, the results of our tests indicate that the annual financial report for the year ended September 30, 2006, filed with the Department of Financial Services, is in agreement with the annual financial audit report for the current audit period. As required by the Rules of the Auditor General (Sections 10.554(1)(h)6.c, and 10.556), the scope of our audit included financial condition assessment procedures as of September 30, 2006, It is management's responsibility to monitor the County's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The financial condition assessment procedures described above disclosed no deteriorating financial conditions. This report is intended solely for the information and use of management, the County Mayor and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. ~t 6~? #'~) L.cl! Orlando, Florida February 2, 2007 J-2 Exhibit F APPENDIX A FEDERAL FISCAL YEAR 2008 CERTIFICATIONS AND ASSU~~CES FOR FEDERAL TRANSIT ADMINISTRA TION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: Monrop ('ollnty ROrlrn of ('01lnry ('nmmi S9] OTJers The Applicant agrees to comply with applicable provisions of Categories 01 - 24. x OR The Applicant agrees to comply with applicable provisions of the Categories it has selected: Catelwrv Description 01. Assurances Required For Each Applicant. 02. Lobbying. 03. Procurement Compliance. 04. Protections for Private Providers of Public Transportation. 05. Public Hearing. 06. Acquisition of Rolling Stock for Use in Revenue Service. 07. Acquisition of Capital Assets by Lease. 08. Bus Testing. 09. Charter Service Agreement. 10. School Transportation Agreement. II. Demand Responsive Service. 12. Alcohol Misuse and Prohibited Drug Use. 13. Interest and Other Financing Costs. 14. Intelligent TransportatIOn Systems. 15. Urbanized Area Formula Program. 16. Clean Fuels Grant Program. 17. Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program. 18. Nonurbanized Area Formula Program for States. 19. Job Access and Reverse Commute Program. 20. New Freedom Program. 21. Altematlve Transportation in Parks and Public Lands Program. 22. Tribal Transit Program. 23. Infrastructure Finance Projects. 24. Deposits of Federal Financial Assistance to a State Infrastructure Banks. APPENDIX A FEDERAL FISCAL YEAR 2008 ITA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or fonnula project) Name of Applicant: AFFIRMATION OF APPLICANT Monroe County Board of County Commissioners Name and Relationship of Authorized Representative: rh~rlp~ Mr~ny, M~ynr BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and directives, and with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2008. FT A intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in this document, should apply, as provided, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2008. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FT A, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.c. 3801 et seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FT A. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized in 49 U.S.c. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature 12/19/2007 Date: Name Charles McCoy, Mayor Authorized Representative of Applicant For (Name of Applicant): AFFIRMA TION OF APPLICANT'S A ITORNEY Monroe County Board of County Commissioners As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. Signature Date: ~Z~ .'.'ame A ttom Assistant~~~nty__At~orney Each Applicant for FT A financial assistance and each FT A Grantee with an active capital or formula project must prO\'lde an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in I,eu of the Attorney's slgnature. prO\lded the Applicant has on file this Affirmation. signed by the attorney and dated this Federal fiscal year EXHIBIT H 5317 Year 2008-2009 New Freedom Program APPLICANT CERTIFICATION AND ASSURANCE TO FOOT Monroe County Transit (BOCC) The Monroe County Board of County Commissioners certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5317 dated December 19, 2007. 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73, Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the event of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life of the vehicles/equipment. 7) It will return project vehicles/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognizes the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior written approval of the Department. 1 O)lt will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. 11 )It will submit an annual financial audit report to the Department, if required by the Department. Date: 12/19/2007 Signature: Charles McCoy, Mayor EXHIBIT I 5317 Year 2008-2009 New Freedom Program FTA Section 5333 (b) Assurance Monroe County Transit (BOCC) (Note: By signing the following assurance, the recipient of Section 5317 and/or 5317 (f) assistance it will comply with the labor protection provisions of 49 U.S.C. 5333(b) by one of the following actions: (1) signing the Special Warranty for the Non-urbanized Area Program; (2) agreeing to alternative comparable arrangements approved by the Department of labor (DOL); or (3) obtaining a waiver from the DOL.) The Monroe County Board of County Commissioners (hereinafter referred to as the "Recipient") HEREBY ASSURES that the "Special Section 5333 (b) Warranty for Application to the Small Urban and Rural Program" has been reviewed and certifies to the Florida Department of Transportation that it will comply with its provisions and all its provisions will be incorporated into any contract between the recipient and any sub-recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FT A Section 5317 Program. Date:, 12/19/2007 Signature: Charles McCoy, Mayor Note: All applicants must complete the following form and submit it with the above Assurance. Listing of Recipients, other eligible surface transportation providers, and labor organizations representing employees of such providers, if any (See Appendix for Example) 1. Identify Recipients of Transportation Assistance Under this Grant. Monroe County Transit -MCT (Monroe County Board of County Commissioners 2. Cite Project by Name, description, and Provider (e.g. Recipient, other Agency, or Contractor) Mobile Date Terminals, 12 MDT for 12 paratransit buses, Monroe County Transit 3. Identify Other Eligible Surface Transportation Providers (Type of Service) None EXHIBIT A 5317 Year 2008-2009 NEW FREEDOM PROGRAM CURRENT SYSTEM DESCRIPTION Monroe County Transit (BOCC) Overview & Routes Monroe County Transit provides paratransit service to the elderly, disabled and transportation disadvantaged citizens of Monroe County. The operation services four geographical route areas, the Lower Keys (Key West) from mile marker 0 to 20, Big Pine Key from mile marker 21 to 40, the Middle Keys (Marathon Key) from mile marker 47 to 72 and the Upper Keys (Plantation Key and Key Largo) from mile marker 73 to 112. Fleet Size & Placement The entire fleet of seventeen (17) Paratransit buses is wheelchair equipped and ADA Compliant. Seven buses are located at 1100 Simonton Street, Key West, one bus is located at 380 Key Deer Blvd in Big Pine Key, four buses at 490 63rd Street, City of Marathon and five buses at 88800 Overseas Highway, Plantation Key. Hours of Operation Monroe County Transit operates five (5) days per week Monday through Friday from 8 a.m. to 5 p.m. excluding Monroe County Observed Holidays. Staffing Monroe County Transit staff consists of a Transportation Administrator, Administrative Assistant, Special Needs Coordinator, Transportation Specialist, Two (2) Dispatcher, Reservation, Schedulers, nine (9) CDL Class B Licensed Transportation Drivers and nine (9) CDL Class B or D Licensed On-Call Substitute Transportation Drivers. Rider Composition 69% Elderly 60 years and older includes handicapped 31 % Transportation Disadvantaged 59 years and younger includes handicapped Within those two categories 14% are Wheelchair Clients Vehicle Maintenance Monroe County Transit utilizes the County's three fully staffed maintenance facilities (Key West, City of Marathon & Plantation Key) with an industry recognized preventative maintenance program in place. Single Audit Act Attached is Monroe County's latest completed Single Audit. Monroe County Board of County Commissioners Community Services Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 (-- ..-.-. BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 O,~~,rY ~o~~~E (305) 294-4641 December 19, 2007 Ms. Carolyn A. Dekle South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Dear Ms. Dekle, Please find enclosed the FTA Section 5317 Year 2008-2009 New Freedom Program Capital Assistance Grant Application from Monroe County Board of County Commissioners (Monroe County Transit) for your review. Sincerely, Jerry L. Eskew Transportation Administrator CC: L. Carl Filer, P.E., Manager, FDOT Miami Edward Carson, Transit Program Administrator, FDOT Miami BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/19/2007 Division: Comrmmitv Services Division Bulk Item: Yes ~ No Department: Transportation Staff Contact Person/Phone #:Jerrv Eskew 4425 AGENDA ITEM WORDING: Approval of an application for Federal Assistance between Monroe County Board of County Commissioners, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses and approval for the Mayor to sign the Grant Application, Resolution and Other Application Documents. ITEM BACKGROUND: The FY2008 5310 Grant Application for Federal Assistance Year 33 (2008-2009), if approved by the Federal Transit Administration, would purchase two transportation buses with funding coming from the Federal funds for $144,000, State funds $18,000 and County match $18,000. These vehicles would replace two existing aging buses currently in the transportation fleet. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of agreement and resolution TOTAL COST: $180,000 BUDGETED: Yes -K- No COST TO COUNTY: $18,000 SOURCE OF FUNDS: Program Budget Account #001-61525-560641 & FDOT 5310 Grant REVENUE PRODUCING: Yes No-X AMOUNTPERMONTHN/A YearN/A APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management ~ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised I 1/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARy Contract with: Federal Transit Admin. Contract #_ Effective Date: 7/1/2008 Expiration Date: 6/30/2009 Contract Purpose/Description: Application for Federal Assistance between MCBOCC and the Federal Transit Admin. for Federal Assistance to ourchase two transoortation buses and anDfoval for the mavor to sign the Grant Application, Resolution and Other Application Documents. Contract Manager: Jerry Eskew 4425 Transit/ #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/19/2007 Agenda Deadline: 12/04/2007 CONTRACT COSTS Total Dollar Value of Contract: $ 180,000 Budgeted? YesC8J No 0 Account Codes: Grant: $ 162,000 County Match: $ 18,000 Current Year Portion: $ 18,000 001-61525-560641-_-_ - - - - ----- - - - - ----- Estimated Ongoing Costs: $NA/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ----- CONTRACT REVIEW 1>9te fIn Division Director I ~l Risk Manag~ent~ Q~f()"'01 YesO Nd O.M.B.lPur~as~~ ~1 County Attorney I If v/~ TJ YesI5a"'NoO Date Out (2/;jd-, L- { 0'-07 Comments: OMB Form Revised 2/27/01 MCP #2 O,'!v~,rY ~o~~~~E (305) 294-4641 (~.~~ BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 . Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 To: From: Date: Subject: Monroe County Board of County Commissioners Jerry Eskew, Transportation Administrator December 19, 2007 5310 Grant Application Year 33 (2008-2009) County Fiscal Year 2008 The agenda item requests that there be an approval for Monroe County Transit to make an application for two buses through the FY 2007 FDOT 5310 Grant. The funding of the 5310 Grant bus comes from 90% FDOT State and Federal funding with Monroe County providing 10% matching funds. The buses, if the grant is awarded, wi)) replace aging buses in accordance with Transit's vehicle replacement policy which is buses older than 5 years and more than 100,000 miles should be replaced with new less maintenance intensive vehicles. 5310 &:J leJ 10 purchased with Section 5310 funds. Matching funds. Applicants may not borrow funds to use as match nor may they place liens on Section 5310-funded vehicles or equipment. Slate funds may support up to 10% of eligible capital costs. The federal share of eligi Ie ca ital costs may not exceed 80%. At the time an order is placed for vehicles/equipm ent, the applicant is require 0 prov I e a purchase order for its 10% local match to be paid to the vendor. The required 10% local match ~ust be paid at the time oftime of delivery. Americans with Disabilities Act (ADA). Applicants must comply with the Americans with Disabilities Act, (ADA) of 1990, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; U. S. DOT regulations, Transportation Services for Individuals with Disabilities (ADA)" at 49 CFR Part 37; and FTA regulations, Transportation for Elderly and Handicapped Persons, 49 CFR Part 609. Administrative requirements. Applicants must supply the appropriate local clearinghouse agency (see Appendix) a copy of its application for Federal Assistance. Each applicant shall request the Clearinghouse to provide a letter of approval of the application to the appropriate FOOT District Office. Copies of correspondence to the clearinghouse agency should be contained in the gr ant application. First time private-non-profit applicants must attach a Certificate of Incorporation to their application. Section 5310 proJects located in an urbanized area must be listed in the Transportation Improvement Program/Biennial Element (TIP/BE) of the respective urbanized area. Although applications for such projects may be accepted by the F DOT District Office prior to their listing in a TIP/BE, a grant award will not be final for such projects until all administrative requirements are completed, including being listed in the appropriate TIP/BE. Use of Section 5310-funded vehicles or equipment. Section 5310-funded vehicl es/equipment may be used in both urbanized and non-urbanized areas to transport the elderly and disabled. They may be used to provide transportation to employment, medical care, education, shopping, socialization, etc. Incidental use of vehicles as cargo carriers (i.e. meals on wheels), and work vehicles (i.e. carrying crews and equipment from site to site and/or standing idle between work sites) is permitted as long as it does not interfere with the primary use of the vehicle(s). In such cases, the number of vehicles requested in an applicati on must be justified by the number of people transported __ not meal delivery or tool handling requirements. Lease of vehicles. Vehicles purchased with Section 5310 funds may be leased to local public bodies or agencies, non-profit agencies, or private-for-profit operators only for the services identified in the grant application. The lease between the applicant and the I essee shall contain the terms and conditions that must be met in providing transportation service to the elderly and persons with disabilities, and must be approved by the appropriate FOOT District Office. When vehicles are operated by an agency other than the one named as applicant in the grant application, control and responsibil ity for the operation of the vehicles remains with the applicant. 5 Checklist for Application Completeness 5310 Year 33 (2008-2009) Name of Applicant: Monroe County Board of County Commissioners Check one: First-time Applicant Previous Applicant X The following must be included in the section 5310 grant application in the following order: X This Checklist X Applicant's cover letter and 2 copies of the governing board's Resolution X Application for Federal Assistance (Form 424, Code 20.513) X Operating and Administrative Expense and Revenue Form X Current Vehicle and Transportation Equipment Inventory Form X Capital Request Form X Exhibit A: Current System Description X Exhibit A-1: Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing Notice and Publisher's Affidavit (for public agencies only.) X Exhibit D: Coordination (Miami -Dade County Applicants please see Special Instructions) N/A Exhibit E: N/A X Exhibit F: Federal Certification and Assurances N/A Exhibit G: Certification of Equivalent Service (if grant is for non-accessible vehicles) X Exhibit H: Applicant Certification and Assurance to FDOT X 5 Copies of the Audit Report or the latest Internal Revenue Services return X Dated copy of cover letter to Local Clearinghouse (South Florida Regional Council / SFPRC) Additional documents required for first-time applicant (if a private-non profit agency) N/A Copy of Certificate of Incorporation Submit one original and four copies of the entire application by January 22,2008. Monroe County Board of County Commissioners Community Services Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 (_._~ BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 O~~rY ~o2!!~E (305) 294-4641 State of Florida Department of Transportation Grant Application Monroe County Board of County Commissioners submits this Application for the Section 5310 Program Grant Year 33 (2008-2009) and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Checklist for Application Completeness. Monroe County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768.28, Florida Statutes to indemnify, defend and hold hannless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application. This Application is submitted on December 19, 2007 with two (2) original resolutions or certified copies of the original resolution authorizing Mayor Charles McCoy to sign this Application. Monroe County Board of County Commissioners By: Date: 12/19/2007 Charles McCoy, Mayor Privacy Statement: This letter and any files accompanying it are intended only for the person or entity to which it is addressed and may contain confidential materials and/or material protected by law. Any retransmission or use of this information may be a violation ofthat law. If you received this in error, please contact the sender and destroy the material. --~ ASSISTANT C Date RESOLUTION NO. - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SIGNING AND SUBMISSION OF A FEDERAL TRANSIT ADMINISTRATION, 49 U.S.C., SECTION 5310 YEAR 33 (2008-2009) CAPITAL ASSISTANCE GRANT APPLICATION, SUPPORTING DOCUMENTS AND ASSURANCES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PURCHASE TWO (2) TRANSPORTATION BUSES AND ACCEPTANCE OF ANY SUBSEQUENT GRANT AWARD. WHEREAS, the Board of County Commissioners of Monroe County, Florida have the authority to apply for and accept grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and! or by the Federal Transit Administration Act of 1964 as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: The submission of a Federal Transit Administration, 49 US.c., Section 5310, Year 33 (2008-2009), Capital Assistance Grant Application(s), supporting documents and assurances to the Florida Department of Transportation to purchase two (2) transportation buses is hereby approved. Section 3: The Mayor of the Monroe County Board of County Commissioners is hereby authorized to sign the application and accept any subsequent grant award, unless specifically rescinded. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 19th day of December, 2007. Mayor McCoy Mayor Pro Tem DiGennaro Commissioner Spehar Commissioner Murphy Commissioner Neugent (SEAL) A TTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor Charles "Sonny" McCoy APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED '~'icant Identifier I z.. i , CJ / 2000"'7 5 0 Year 33 (2008-2009) 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application o Construction g Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 12] Non-Construction D Non-Constructlon 5. APPLICANT INFORMATION Legal Name: Oraanizational Unit: Monroe County Board of County Commissioners Department: Monroe County Transit Or2anizational DUNS: Division: N/ Community Services Division Address: Name and telephone number of person to be contacted on matters Street: Involving this application (give area code) Prefix: First Name: 1100 Simonton Street Room 1-188 Mr. Jerry City: Middle Name Key West L. County: Last Name Monroe Eskew State: Zi~ Code Suffix: Florida 3 040 CountlY.: Email: United States eskew-jerry@monroecounty-f1.gov 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code) ~~-@]@][Q][]EJ@]~ 305 292-4425 305 292-4411 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back ofform for Application Types) Ii'] New []] Continuation [J Revision B. County f Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) 0 0 pther (specify) Other (specify) 9. NAME OF FEDERAL AGENCY; Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 0@]-[][Dm Purchase Vehicles (Body-on-Chassis Paratransit Buses) TITLE (Name of Program): Federal Transit Administration Section 5310 Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant ~~. Project July 2008 June 2009 18th Congressional District 8th Congressional District 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE InRDER 12372 PROCESS? a. Federal ~ .w lD THIS PREAPPLlCATION/APPLlCATION WAS MADE 144,000 a. Yes. . AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant :) w PROCESS FOR REVIEW ON 18,000 c. State .lXF DATE: 18,000 d. Local w llll PROGRAM IS NOT COVERED BY E. O. 12372 b. No. e. Other ~ .vu- e OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ w 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL S uu DYes If "Yes" attach an explanation. [J No 180,000 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATIONlPREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. -;: A..thnri,...rl R..nr"""nt"tive f:f;efix I First Name Middle Name r. Charles Last Name Suffix McCoy ~: Title . Telephone Number (give area code) Mayor 305 292-3430 (1. Signature of Authorized Representative ,". Date,li'Q/~OO7 /. 12' 1 Version 7/03 Previous Edition Usable Authorized for Local Reoroduction ~~,,-~ Date OPERATING AND ADMINISTRATIVE EXPENSE & REVENUE 5310 Year 33 (2008-2009) Name of Applicant Monroe County Board of County Commissioners (MC Transit) Fiscal Period from 10/01/2007 to 09/30/2008 Budget TRANSPORTATION-RELATED OPERATING and ADMINISTRATIVE EXPENSES EXPENSE CATEGORY EXPENSE $ Labor (501) $579,030 Fringe and Benefits (502) 265,532 Services (503) Materials and Supplies (504) 60,000 Vehicle Maintenance (504.01) 154,055 Utilities (505) 3,000 Insurance (506) 33,198 Licenses and Taxes (507) Purchased Transit Service (508) Miscellaneous (509) 50,000 Leases and Rentals (512) Depreciation (513) 16,749 TOTAL EXPENSE $1,161,564 TRANSPORTATION -RELATED OPERATING and ADMINISTRATIVE REVENUES OPERATING REVENUE REVENUE $ Passenger Fares for Transit Service (401) $ 40,000 Special Transit Fares (402) Other (403-407) (identify by appropriate code) TOTAL OPERATING REVENUE $ 40,000 OTHER REVENUE SOURCES Taxes Levied Directly by the Transit System Local Cash Grants and Reimbursements $1,051,564 ( 409) Local Special Fare Assistance (410) State Cash Grants and Reimbursements 70,000 (411) AHCA State Special Fare Assistance (410) Federal Cash Grants & Reimbursements (413) Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) TOTAL OF OTHER REVENUE $1,121,564 GRAND TOTAL OF OTHER REVENUES $1,161,564 NN NN NN NN NN NN NN NN N~ ~ 00 00 00 00 00 00 00 00 OCO CO 00 00 00 00 00 00 00 00 OCO CO -....1-....1 0>0> 0>0> 0101 01 W WN .... .... 00 OCO CO 0>01 ~~ 01~ NN N.... ....N .... .... .... .... .... ~ N OCO NCO NN NCO COCO COCO COCO COCO CO COCO 0>.... 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(I) :::, '< "C (I) o c ., (iJ ::;, - < (I) ::r c;" ~ 3:1>> o ::;, ::;, Co ., -I o ., (I) I>> 0::;' o (/) c"C ::;, 0 >~ s- (/)OJ~ 000 ....0::;, Oom o .Q --c o 3: -. C"0"C (I) ::;, 3 ., ., (I) NO::;, 0(1)_ 00- ""'0::;' C ~ ::;, ::;, ~o -I~ ., I>> <.n ::;, (...) (/) ~ ::;:0 --( (I) I>> ., - N o o 00 ~ o o co - =5 z =It CAPITAL REQUEST FORM 5310 Year 33 (2008-2009) Monroe County Transit (BOCC) VEIDCLE REQUEST GMIS code RarE Number Description (b) (c) Estimated (This column (a) Requested Cost for FOOT use ONLY) 11. R 2 Type D Body-an-Chassis Transit Bus 23-31 ft $180,000 -- diesel WC lift 4-20 ambulatory seating in combination with 6 wheelchairs 11. -- II. -- II. -- II. -- Subtotal $180,000 EQUIPMENT REQUEST (C) 11. -- II. -- II. -- II. -- Subtotal $ N/A (a) Replacement (R) or Expansion (E). (b) Provide a brief description including the length and type vehicle, type of fuel, lift or ramp, number of seats and wheelchair positions. Do not show the Make. For example, 22' diesel bus with lift, 12 ambo Seats, 2 w/c positions. (c) Show mobile radios, computer hardware/software, etc. under "Equipment Request" . VEHICLE SUBTOTAL $180,000 + EQUIPMENT SUBTOT AL$ (X). (X) x 80 % = $144,000 [Show this amount on Form 424 in block 15 (a) ] EXHIBIT A 5310 Year 33 (2008-2009) CURRENT SYSTEM DESCRIPTION Monroe County Transit (BOCC) Overview & Routes Monroe County Transit provides paratransit service to the elderly, disabled and transportation disadvantaged citizens of Monroe County. The operation services four geographical route areas, the Lower Keys (Key West) from mile marker 0 to 20, Big Pine Key from mile marker 21 to 40, the Middle Keys (Marathon Key) from mile marker 47 to 72 and the Upper Keys (Plantation Key and Key Largo) from mile marker 73 to 112. Fleet Size & Placement The entire fleet of seventeen (17) Paratransit buses is wheelchair equipped and ADA Compliant. Seven buses are located at 1100 Simonton Street, Key West, one bus is located at 380 Key Deer Blvd in Big Pine Key, four buses at 490 63rd Street, City of Marathon and five buses at 88800 Overseas Highway, Plantation Key. Hours of Operation Monroe County Transit operates five (5) days per week Monday through Friday from 8 a.m. to 5 p.m. excluding Monroe County Observed Holidays. Staffing Monroe County Transit staff consists of a Transportation Administrator, Administrative Assistant, Special Needs Coordinator, Transportation Specialist, Two (2) Dispatcher, Reservation, Schedulers, nine (9) CDL Class B Licensed Transportation Drivers and nine (9) CDL Class B or D Licensed On-Call Substitute Transportation Drivers. Rider Composition 69% Elderly 60 years and older includes handicapped 31 % Transportation Disadvantaged 59 years and younger includes handicapped Within those two categories 14% are Wheelchair Clients Vehicle Maintenance Monroe County Transit utilizes the County's three fully staffed maintenance facilities (Key West, City of Marathon & Plantation Key) with an industry recognized preventative maintenance program in place. Single Audit Act Attached is Monroe County's latest completed Single Audit. EXHIBIT A-1 -- FACT SHEET 5310 Year 33 (2008-2009) Monroe County Transit (BOCC) CURRENTL Y IF GRANT IS AWARDED (Estimates are acceptable) 1. Number of one-way trips provided 38,011 42,000 goal to elderly and persons with disabilities (E & D) PER YEAR 2. Number of individual E & D served 978 1,200 goal (unduplicated) PER YEAR 3. Percentage of E & D needing 14.0% 14.0 -16.0% wheelchair positions AVERAGE 4. Number of vehicles used to 9 9 provide service AVERAGE 5. Number of ambulatory seats AVG 200 212 to 216 depends on exact configuration chosen 6. Number of wheelchair positions 58 62 to 64 depends on exact AVERAGE configuration chosen 7. Vehicle miles traveled PER YEAR 235,026 230,000 - 250,000 8. AveraQe vehicle miles PER DAY 964 900 - 1000 9. Normal number of days in 5 5 operation PER WEEK 10. Normal hours of vehicle 8 a.m. until 5 p.m. 8 a.m. until 5 p.m. operation PER DAY 11. Trip lenQth AVERAGE 4.12 4.0 - 5.0 EXHIBIT B 5310 Year 33 (2008-2009) PROPOSED PROJECT DESCRIPTION Monroe County Transit (BOCC) The awarded funds will be used to replace two aging body-on-chassis buses, unit 2833 (VIN# 1FDWE30F8WCH13964), a 1998 Ford/Aerolite bus with 8 ambulatory & 2 wheelchair passenger capacity and 1905 (VIN# 1 FDWE30F3XHC33122), a 2000 Ford/Aerolite with 8 ambulatory /2 wheelchair passenger capacity or two similar high mileage lower capacity buses. The two body-on-chassis diesel bus replacement vehicles will be configured to increase the capacity of the fleet to handle both ambulatory and wheelchair clients with more dependable transportation, while reducing the excessively high repair and maintenance and service equipment downtime that is associated with high age and high mileage vehicles. Recent need has required still maintaining some high mileage, high maintenance and more frequent downtime buses that would otherwise have been eliminated from the fleet. As the newer bus problems are solved the fleet will be reduced by those less efficient more maintenance prone vehicles. Additionally, the transit program hopes to reduce the fleet size as the average age of the fleet reflects newer vehicles. This reduction of the older, more costly to operate backup vehicles from the transit fleet will result in reduced maintenance expense, better fuel economy and less bus downtime than the department had been experiencing in the past. As always, the new buses will be placed on Monroe County's preventive maintenance plan along with utilizing the new vehicle warranties. Client outreach continues in Big Pine and the Middle Keys and will again be the focus for this fiscal year especially targeting the elderly and the handicap. Elderly organization meetings will be attended on a regular basis in an attempt to introduce and re-acquaint the aging population with our services. Special Needs Clients target the elderly and handicapped to make sure they are not forgotten as threatening storms approach the Florida Keys. The transportation of those individuals is assured by maintaining a well-equipped current transit fleet. EXHIBIT C 5310 Year 33 (2008-2009) PUBLIC NOTICE Monroe County Transit (BOCC) All interested parties within Monroe County are hereby advised that Monroe County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of a Type D Transit bus (Body-on-Chassis) to be used for the provision of public transit services within Monroe County, Florida. A Public Hearing has been scheduled at 9:00 a.m. on 12/19/2007, Marathon Government Center 2798 Overseas Highway, Marathon, Florida, for the purpose of advising all interested parties of service being contemplated if a grant is awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. Monroe County, FL - 2007 BOCC Meeting Dates Page 1 of2 Mission Statement The mission of Monroe County is to provide outstanding public service responsive to the needs of our citizens, our unique conununity, and our environment. :.-'&'j' ')'Vl AtIollt Monroe COCfnty /~...... :;'1, County Commlssio'*'S .V' ~') Emp/oratent <t; Depts. . DiYIsio" (fjjJ Constit~1 Officers <fjJ, Useful Web gtes /,' ~ .JMI Paf8 &panol \!!J {lid: Subscribe to Hews .f!'. 'M' . 'V.' Contact: US /~. \'}J,: County H~ P~_ _ Search Our Sito I Google Search I Co~ }gle~ 2007 BOCC Meeting Dates F'[iD1E!rcF~SlIJ(lJy V~[!!iQn MEETING DATES * A.GENDA I)EAJ)LINE LOCA'fIQ~ 1/17/07 - 1/18/07 1/2/07 Harvey Government Center 2/21/07 - 2/22/07 2/6/07 Key Largo Library 3/21/07 - 3/22/07 3/6/07 Marathon Government Center 4/18/07 - 4/19/07 4/3/07 Harvey Government Center 5/16/07 - 5/17/07 5/1/07 Key Largo Library 6/20/07 - 6/21/07 6/5/07 Marathon Government Center 7/18/07 - 7/19/07 7/3/07 Harvey Government Center 8/15/07 - 8/16/07 7/31/07 Key Largo Library 9/19/07 - 9/20/07 9/4/07 Marathon Government Center 10/17/07 - 10/18/07 10/2/07 Harvey Government Center 11/14/07 - 11/15/07 10/30/07 Key Largo Library 12/19/07 - 12/20/07 12/4/07 Marathon Government Center All meetings in all areas begin at 9:00 a.m. Key Largo Library Gov't Center Tradewinds Shopping Center Truman Ave. 101485 Overseas Highway Mile Marker 101 Marathon Gov't Center Harvey 2798 Overseas Highway 1200 Mile Marker 50 Key West Approved at the November 15, 2006 DOCC meeting. http://rnonroecofl. virtualtownhall.netJPages/MonroeCoFL _ BOCC12007 schedule 11/16/2007 Effective: 07/01107 to 06/30/08 Exhibit D STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINATOR, THE GUIDANCE CLINIC OF THE MIDDLE KEYS, designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective July 1, 2007, and will continue through June 30, 2008. WHEREAS, the Coordinator is required, under Rule 41-2.011, F.A.C., when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the Coordinator. WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F.S., Rule 41-2, F.A.C., and the most current Community Transportation Coordinator policies. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: THE AGENCY/OPERATOR SHALL: A. Provide services and vehicles according to the conditions specified in Attachment I. B. Coordinate available resources and make available transportation services to the Coordinator. Such services shall be provided in accordance with Attachment I. This contract currently 07/08 - 1 - , excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will be negotiated C. Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding coordination activities in the designated service area. The reported data will include information regarding all transportation provided by the Agency/Operator (including but not limited to CTC, Medicaid...) The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms. D. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accountin Consortium Model Uniform Accountin S stem for Rural and S ecialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports as the Coordinator may require during the period of this contract. 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five- (5) years, the records shall be retained until resolution of the audit findings. The Agency/Operator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Coordinator or Commission or this Agreement. The Commission and the Coordinator shall have full access to and the right to examine any of the records and documents during the retention period. F. Comply with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90, F.AC., concerning System Safety or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. 07/08 - 2 - G. . Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100,000 for anyone person and $200,000 per occurrence at all times during the existence of this Contract. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the Coordinator written verification of the existence of such insurance coverage prior to the execution of this Contract or proof of a self-insurance program operated by the Agency/Operator. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. H. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. I. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P. L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 07/08 _ 3 _ , 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the AgencY/Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, sUbgrantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. J. The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims, cost (including legal fees), and expenses associated with the services provided under this contract arising out of the negligent acts of the Agency/Operator. K Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged [ Attachment II]; 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator. L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract and that correction is required. Any corrective action notice will specify a reasonable time for corrective action to be completed. The Agency/Operator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate the implementation of the Corrective Action. M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract. N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the Coordinator. The Agency/Operator shall return any overpayment within thirty (30) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator by the Coordinator or entity purchasing transportation, whichever is earlier. In the event that the Coordinator first discovers an overpayment has been made, the Coordinator will notify the Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days 0708 -4- . after the date of notification or discovery, or the Coordinator will deduct said amount from future invoices. O. In performing this Contract. the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency/Operator shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. The Agency/Operator shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. C At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information contained in the Annual Operating Report must be collected, at a minimum, quarterly from the Agency/Operator. THE OPERATOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the Coordinator in writing in order that appropriate changes and modification may be made by the Coordinator and the Agency/Operator to the end that the Agency/Operator may proceed as Soon as possible with the provision of transportation services. 8. If any part or provision of this Contract is held invalid: the remainder of this Contract shall be binding on the parties hereto. C. Termination Conditions: 07/08 _ 5 _ 1. Termination at Will - This Contract may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2. Termination due to Lack of Designation - In the event that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 3. Termination due to Disapproval of Memorandum of Agreement _ In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4. Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordinator's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. 7. The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto. E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator. F. This Contract is the entire agreement between the parties. 07/08 _ 6 _ G. Attachments I and 'I are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature. H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Maureen Grynewicz Guidance Clinic of the Middle Keys 3000 4151 Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Contract. This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERA TOR: COMMUNITY TRANSPORTATION COORDINA TOR Monroe County Board of County Commissioners [ Agency/Operator Name] . Guidance Clinic of the Middle Keys [ Coordinator Name] j'l -', . /' ,/1/ a. r "0 LJ I C"":' e. Yl r-; a.. rD Typed/Printed Name of Authorized Individual Maureen Grynewicz Typed/Printed Name of Authorized Individual If ,-. .., "" ..... "i)/ (/ T Title / 01<<. ,:;/Ia;.f!..- Signafure ",,':) 14 1'7 Cr' 7 --/ I -- c/ Date Administrative Services & Transportation Director Title , J i 'I ,,' \ .I ' Date' , , , j / i! ( Sig'nature , \ 1 ' '- ' ! . ) j . j!;]yhl:(;.L{~)::;(a~?t~~) / l-~_~ ...... >"",~.r_/ ';fl::"'-/)t;: CL, " "-\,--;'()/.; E\/ --J: :'~>::c-;~, r: ;::J~ L>>~~~"--~ (:~' / ::"~I:;~~'_~:;;: ~r . -'>,~~:_~, '-,' ---::~~{, 2__ _~_~__, 07/08 7 - ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available to provide transportation (schedule) Monday thru Friday, 8:00 am to 5:00 pm 3. Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles Agency/Operator will use to transport all passengers(f/eet list- if list does not fit in this section, please attach a separate sheet - please also include number of seats and wlc capacity) 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, HIV/A/DS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAG 41-90 and requirements illustrated throughout contract) 8. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTC) 9. Agency/Operator fare structure $3.00 per one way trip, plus $1.17 per mile per one way trip. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: 1st Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority - School/Day Care 3rd Priority - Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank...) 10. Billingllnvoicing and Reimbursement procedure for Agency/Operator Monthly invoices, due by the 15th of the month ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration: (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; 0708 _ 9 _ (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant. and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (I) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; (p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. 07/08 _ 10- Exhibit F APPENDIX A FEDERAL FISCAL YEAR 2008 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: Monroe COlmty 80ard of COlmty Commi ssi (mpr~' The Applicant agrees to comply with applicable provisions of Categories 01 - 24. X OR The Applicant agrees to comply with applicable provisions of the Categories it has selected: Catel!Orv Description o I. Assurances Required For Each Applicant. 02. Lobbying. 03. Procurement Compliance. 04. Protections for Private Providers of Public Transportation. 05. Public Hearing. 06. Acquisition of Rolling Stock for Use in Revenue Service. 07. Acquisition of Capital Assets by Lease. 08. Bus Testing. 09. Charter Service Agreement. 10. School Transportation Agreement. II. Demand Responsive Service. 12. Alcohol Misuse and Prohibited Drug Use. 13. Interest and Other Financing Costs. 14. Intelligent Transportation Systems. 15. Urbanized Area Formula Program. 16. Clean Fuels Grant Program. 17. Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program. 18. Nonurbanized Area Formula Program for States. ] 9. Job Access and Reverse Commute Program. 20. New Freedom Program. 2 I. Alternative Transportation in Parks and Public Lands Program. 22. Tribal Transit Program. 23. Infrastructure Finance Projects. 24. Deposits of Federal Financial Assistance to a State Infrastructure Banks. APPENDIX A FEDERAL FISCAL YEAR 2008 ITA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or fonnula project) AFFIRMA TION OF APPLICANT Name of Applicant: Monroe County Board of County' Commissioners Name and Relationship of Authorized Representative: Charles McCoy, Mayor BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and directives, and with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration (FT A) in Federal Fiscal Year 2008. FT A intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in this document, should apply, as provided, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2008. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986,31 V.S.c. 3801 et seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FT A. The criminal fraud provisions of 18 V.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized in 49 V.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature 12/19/2007 Date: Name Char les McCoy, Mayor Authorized Representative of Applicant AFFIRMA TION OF APPLICANT'S ATTORNEY For (Name of Applicant): Monroe County Board of County Commissioners As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authonty under State, local, or tribal government law, as applicable, to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or ;;:;t",tthat mi a '},,' y aff"tth alidit};"' th", e~ '''"''ne". "' of the pmonnan" of the SignaMe J,\;. 1V (~. .... Date / 2./ i'o 7 a o~~~!>.t_ant CO~.!lrr_Attprney Name Pegro J. Attorney for Applican Each Applicant for FT A financial assistance and each FT A Grantee with an active capital or formula project must provide an Aflirmation of Applicant's Attorney penaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signature. provided the Applicant has on file this Aflirmation, signed by the attorney and dated this Federal fiscal year. EXHIBIT H 5310 Year 33 (2008-2009) APPLICANT CERTIFICATION AND ASSURANCE TO FOOT Monroe County Transit (BOCC) The Monroe County Board of County Commissioners certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5310 dated December 19, 2007 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73, Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the event of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life of the vehicles/equipment. 7) It will return project vehicles/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognizes the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior written approval of the Department. 10)lt will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. 11 )It will submit an annual financial audit report to the Department, if required by the Department. Date:, 12/19/2007 Signature: Charles McCoy, Mayor Y ATTORNEY L2!'-t!o 7 Date - ~ I lot Ill.. l. _'I Rf I~ '\< I ~ II'''' j ~.".. I'" "'" I ~ '''''''1 11.''''' . \. Independent Auditors' ReDort on Internal Control Over Financial RePOrtlna and On ComDllance and Other Matters Based on an Audit of Flnancla' Statements Performed in Accordance with Government Audltlna Standards To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of Monroe County, Florida (the "County") as of and for the year ended September 30, 2006, which collectively comprise the County's basic financial statements, and have issued our report thereon dated February 2, 2007. We did not audit the financial statements of the Monroe County Housing Finance Authority (the "Authority"), the County's discretely presented component unit. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Authority, is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the County's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. f-1 Compliance and Other Matters As part of obtaining assurance about whether the County's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations. contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed an instance of noncompliance or other matters that are required to be reported under Government Auditing Standards, which is described in the accompanying schedule of findings and questioned costs as item 06-01. We noted other matters involving internal control over financial reporting that we have reported to management of the County in a separate management fetter dated February 2,2007. This report is intended solely for the information and use of management, the County Mayor, and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY. BEKAERT & HOLLAND. L.L.? c/.r, 6).J-? fI/f2J,J L.t~ Orlando, Florida February 2,2007 1-2 - I I rl r I ~ t l I I . "l I1l I( ..... . 1)1 \ I,.... I... '" ({J""'II"-\"II \...... t'\. Indeoendent Auditors' Reoort on Comoflance and Internal Control Over Compliance Apolicable to each Malor Federal Awards Proaram and State Financial Assistance ProJects To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: Compliance We have audited the compliance of Monroe County, Florida (the "County") with the types of compliance requirements described in the U. S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30,2006. The County's major federal awards programs and state financial assistance projects are identified in the summary of auditors' results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal awards programs and state financial assistance projects is the responsibility of the County's management. Our responsibility is to express an opinion on the County's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMS Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether non- compliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal awards program or state financial assistance project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30, 2006. However, the results of our auditing procedures disclosed one instance of noncompliance with those requirements that is required to be reported in accordance with applicable sections of OMS Circular A-133, which is described in the accompanying Schedule of Findings and Questioned Costs as Item 06-2. 1-3 Internal Control over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal awards programs and state financial assistance projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal awards program or state financial assistance project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disdose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively tow level the risk that non-compliance with applicable requirements of laws, regulations, contracts, and grants caused by error or fraud that would be material in relation to a major federal awards program or state financial assistance project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of management, the County Mayor and the Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. ct.r,6)..4?f!J2...SILI..1. Orlando, Florida March 19, 2007 1-4 THIS PAGE INTENTIONALLY LEFT BLANK Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30,2006 Federal/State Agency, Pass-through Entity Federal PrOQramlState Proiect Department of Agriculture: Passed through State Department of Elder Affairs and Alliance for Aging: NSIP 2006 NSIP 2005 Total Federal Agency Department of Health and Human Services: Passed through State Department of Elder Affairs and Alliance for Aging: Title IIIB Support Services - 2005 Title 1118 Support Services - 2006 Total Program Title IIIC-1 Congregate Meals - 2005 Title IIIC-2 Home Delivered Meals 2005 Title IIIC-1 Congregate Meals - 2006 Title ItlC-2 Home Delivered Meals 2006 Total Program Title III-E In-Home Services - 2005 Title rll-E In-Home Services - 2006 Total Program Passed through Florida Department of Revenue: Child Support Enforcement Title IV-D Passed through State Department of Community Affairs: Low Income Home Energy Assistance Prog 2005 Low Income Home Energy Assistance Prog 2006 Total Program Total Federal Agency Department of Housing and Urban Development: Passed through State Department of Community Affairs: Community Development Block Grant Department of the Interior: Direct Program: Fish and Wildlife Service: Clean Vessel Act - 2006 The accompanying notes are an integral part of this schedule. 1-5 CFDA Number Contract Grant Number Expenditures 10.570 10.570 US651 US551 $ 33,304 849 34,153 93.044 AA529 63,679 93.044 AA629 53,061 116,740 93.045 AA529 74,835 93.045 AA529 100,706 93.045 AA629 58,128 93.045 AA629 105,835 339,504 93.052 AA529 12,684 93.052 AA629 40,972 53,656 93.563 CC344 140,313 93.568 05EA-5K-11-54-01-019 53,498 93.568 06EA-3M-11-54-01-D19 82,362 135,860 786,073 14.228 03DB-1A-11-54-01-H32 307,968 15.616 V-lO, Segment 1 21,404 1.6 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30, 2006 Federal/State Agency, Pass-through Entity Federal Program/State Project Department of Justice: Direct Program: Bureau of Justice Assistance: Bulletproof Vest Partnership Program Local Law Enforcement Block Grant Program Local Law Enforcement Block Grant Program Total Program Passed through Office of the Attorney General: Victims of Crime Acts Passed through Florida Department of Law Enforcement: Edward Byrne Memorial Justice Assistance Grant Program - US Fellowship _ 2006 Edward Byrne Memorial Justice Assistance Grant Program - Boys & Girls Club _ 2006 Edward Byrne Memorial Justice Assistance Grant Program - Care Center _ 2006 Edward Byrne Memorial Justice Assistance Grant Program - MC Educ. Foundation _ 2006 Total Program Edward Byrne Memorial Formula Grant Program - Sheriff Livescan Grant _ 2006 Edward Byrne Memorial Formula Grant Program - Sheriff Livescan Grant _ 2006 Total Program Residential Substance Abuse Treatment MC Jail Incarceration Program Total Federal Agency Executive Office of the President: Direct Program: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas The accompanying notes are an integral part of this schedule. 1-7 CFDA Number Contract Grant Number Expenditures 16.607 $ 32,602 16.592 2003-LB-BX -0804 4,906 16.592 2004-LB-BX-1113 25,038 29,944 16.575 V5082 305,051 16.738 2006-JAGC-MONR-1-M8-138 49,878 16.738 2006-JAGC-MONR4-M8-136 16,975 16.738 2006-JAGC-MONR-2-M8-135 42,573 16.738 2006-JAGC-MONR4-M8-139 29,715 139,141 16.579 06-CJ-K3-11-54-0 1-264 76,862 16.579 06-CJ-J3-11-54-01-289 38,431 115,293 16.593 200B-RSA T-MONR-1-7Q-003 50,000 672,031 07.13PMIP586 07.13PPRP578 07./3PMIP5980 07.13PMIP999 07./4PMJP586 07./4PMIP598 07./4PPRP578 07. i 1 PPRP578 0712PPRP578 07.12PMIP5981 0714PMIP999Z 07. J4PMIP5980 13PMIP586 13PPRP578 13PM/P5980 r3PMIP999 14PMIP586 14PMIP598 /4PPRP578 11PPRP578 12PPRP578 12PMIP5981 !4PMIP999Z 14PM/P5980 432,723 109,218 450,120 129,073 519,868 596,300 173,841 78,179 155,378 612,114 14.884 302,229 '-8 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30,2006 Federal/State Agency, Pass.through Entity Federal Proaram/State Proiect Executive Office of the President Continued: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas Total Federal Agency Department of Transportation: Direct Program: Federal Aviation Administration: Key West AIP-3718 Key West AIP-3721 Key West AJP-3722 Key West AIP-3723 Key West AfP-3724 Key West AIP-3725 Key West AIP-3727 Key West AIP-3728 Key West AIP-3729 Key West AIP-3730 Marathon AIP-4420 Marathon AIP-4421 Marathon AIP-4422 Marathon AIP-4423 Total Federal Agency Federal Highway Administration: Passed through State Department of Transportation Highway Planning and Construction Transportation Planning Assistance Florida Keys Scenic Highway Interpretive/Master Plan Total Federal Agency The accompanying notes are an integral part of this schedule. 1-9 CFDA Number 07.15PMIP586 07.15PMlP598 07.15PPRP578 07.15PMIP5980 07.15PMIP5981Z 07.15PLAP600Z 07.16PMIP586 07.16PMIP598 07.16PPRP578 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.205 20.205 Contract Grant Number 15PMlPS86 15PMIPS98 ISPPRP578 ISPMIP5980 ISPMfP5981Z lSPLAP600Z 16PMIP586 16PMIP598 16PPRP578 3-12-0037-1802 3-12-0037-021-2003 3-12-0037-022-2003 3-12-0037-023-2004 3-12-0037 -024-2004 3-12-0037-025-2004 3-12-0037-027-2005 3-12-0037-028-2006 3-12-0037-029-2006 3-12 -0037-030-2006 3-12 -0044-02 0-2 004 3-12 -0044-021-2005 3-12 -0044-022-2006 3-12 -0044-023-2006 F AP#8888-488 SBF3-003 Expenditures $ 4,181,905 1,457,079 3,457.043 138,430 9,080 12,000 4,814,293 844.477 2,289,301 20,777,535 (5,492) (11,526) 7,954 1,746,229 169,466 8,353 3,984,268 491,524 9,211 29,636 150,216 83,647 1,375 557,125 7,221.986 174,999 90.760 265,759 1-10 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30,2006 Federal/State Agency, Pass-through Entity Federal Proqram/State Proiect Department of Homeland Security: Passed through State Department of Community Affairs: Public Assistance Programs Hurricane Dennis - FEMA-DR-1595-DR-FL Hurricane Katrina - FEMA-DR-1602-FL Hurricane Rita - FEMA-DR-32S9-EM-FL Hurricane Wilma- FEMA-DR-1609-FL Hurricane Wilma-Sheriff- FEMA-DR-1609-FL Total Program Homeland Security-EOC Security Improvements Law Enforcement Terrorism Prevention Total Program Fire Technical Rescue Resource Emergency Management Base Grant Homeland Security Florida's Domestic Security Deep Water Vessel Issue Total Program Total Federal Agency United States Treasury Department: Passed through Office of the Attorney General: Federal Asset Sharing Forfeiture Program Total Expenditures of Federal Awards The accompanying notes are an integral part of this schedule. '-11 CFDA Number Contract Grant Number Expenditures 97.036 06-DN-@G-11-54-00-632 $ 565,560 97.036 06-KT-B&-11-54-01-516 429,190 97. 036 06-RT-&W-11-54-01-529 506,449 97.036 10,860,365 97.036 06-WL-&K-11-54-23-794 1,826,827 14,188,391 97.004 2005-CJ-L2-07 -54-01-165 22,947 97.004 2006-LETP-MONR-1-N 1-027 83,985 106.932 97.007 7,522 97.042 06BG-04-11-54-0 1-098 29,703 97.067 06-DS-3W-11-54-01-309 8,069 97.067 FWCC 05187 114,302 122,371 14,454,919 21.000 605,876 $ 45,147,704 1-12 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30,2006 State Aqency Name Florida Department of Community Affairs: Bicycle & Pedestrian Plan 2005 Emergency Management Base Grant - 2006 Total Department Florida Department of Children and Families: Community Care for Disabled Adults 2005 Community Care for Disabled Adults 2006 Total Department Florida Department of Elder Affairs: Passed through The Alliance for Aging: Home Care for the Elderly - 2005 Home Care for the Elderly - 2006 Total Program Alzheimer's Disease Initiative - 2005 Alzheimer's Disease Initiative. 2006 Total Program Community Care for Elderly 2005 Community Care for Elderly 2006 Total Program Total Department Florida Department of Environmental Protection: Exotic Plant Control Services Small Counties Solid Waste -2006 Total Department Florida Department of Health and Rehabilitative Services: EMS County Award 2006 Florida Department of Juvenile Justice: Intensive Delinquency Diversion Service . Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 1-13 CSFA Number ract Grant Number Expenditures 52.004 52.008 60.008 60.008 FM#2S2077114011/AN08~ $ 06-BG-04-11-54-01-098 28,605 $ 102,959 131,564 KG-052 KG-058 51,255 16,611 67,866 65.001 KH-572 35,644 65.001 KH-672 12,736 48,380 65.004 KZS97 39,341 65.004 KZ697 17,805 57,146 65.010 KC571 313,756 65.010 KC671 115.360 429,116 534,642 37.012 64.005 80.022 PL029 SC624 70,764 191,176 261,940 C5044 59,845 P6KO 1 179,855 1-14 Transfer To Subreclpients* (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30, 2006 State AQencv Name Florida Department of State: State Aid to Libraries Florida Department of Transportation: Overseas Heritage Trail Design & Construction Overseas Heritage Trail Safety Improvements Total Program Litter Control and Prevention Grant - Keep America Beautiful Systems _ 05/06 Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West & Marathon Airport Marathon Airport Total Program Total Department Florida Fish & Wildlife Conservation Commission: Boating Improvement Fund Public Water Access and Marine Facilities Management Plan Total Department . Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. r-15 CSFA Number ract Grant Number 45.030 55.008 55.008 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 77 006 77.006 06-ST -38 AL005/F M#41 0504-1-54-01 Al146/FM#410504-1-54-02 AQF24 41265919401/AL021 41286S19401/AL288 41458418401/AN103 41459819401/ANB43 41646619401/AN111 412S3519401/ANJ94 41468319401/ANL56 41646419401/ANL57 41646919401/ANK50 41265919401/ANU96 4126S819401/ANU97 25426919402/AK043 41468419401/ANJ96 04148 Expenditures $ 107.885 $ 180,471 447.461 627,932 228 (380) 31 ,704 1,137,314 (648) (761 ) 13,806 1,386 389 (6,595) 5.217 32,147 127,699 1,053 1,342,331 1,970.491 261,969 25,290 287,259 '-16 Transfer To Subrecipients* (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30,2006 State AQencv Name Florida Housing Finance Corp.: State Housing Initiative Program State Housing Initiative Program State Housing Initiative Program T otaJ Department Total Expenditures of State Financial Assistance * information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. '-17 CSFA Number Contract Grant Number Expenditures 52.901 SHIP 02-03 PLAN 4 YR 2 $ 69,056 $ 52.901 SHIP 03-04 PLAN 4 YR 3 756,174 52.901 SHIP 04-05 PLAN 5 YR 1 251,007 1,076,237 $ 4,677.584 $ 1-18 Transfer To 5 u brecipients* Monroe County, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2006 Note 1 - Reporting Entity For reporting entity purposes, the Schedule of Federal Awards and State Financial Assistance Projects (the "Schedule") presents the Federal and State grant activity of Monroe County, Florida (the "County") primary government and its blended component units. Note 2 - Summary of Significant Accounting Policies The accounting policies and presentation of the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects are presented on the modified accrual basis of accounting and in accordance with accounting principles generally accepted in the United States of America as applicable to governmental organizations. The information in this schedule is presented in accordance with the requirements of OMS Circular A.133, Audits of States, Local Governments, and Non-Profit Organizations and the Florida Single Audit Act. Therefore, some amounts presented in this schedule may differ from amounts presented in, or used in the preparation of the basic financial statements. Over the past years, the County was declared a major disaster area by the President of the United States due to damages incurred from several hurricanes. As a result the County is eligible for financial relief from the Department of Homeland Security, Federal Emergency Management Agency. Amounts included on the schedule are eligible expenditures incurred by the County through September 30, 2006 and paid primarily from the Governmental Grants fund. These funds were reimbursed with the grant from the awarding agencies. 1-19 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30, 2006 PART I - SUMMARY OF AUDITORS' RESULTS 1. The Independent Auditors' Report on the financial statements expresses unqualified opinions. 2. No reportable conditions relating to the audit of the financial statements are reported in the Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements in Accordance with Government Auditing Standards. 3. One nonmaterial instance of noncompliance to the financial statements of Monroe County, Florida was disclosed during the audit. 4. No reportable conditions relating to the audit of major federal or state financial assistance projects are reported in the Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to Each Major Federal Awards Program and State Financial Assistance Projects. 5. The Independent Auditors' Report on Compliance for each Major Federal Awards Program and State Financial Assistance Projects expressed an unqualified opinion. 6. One audit finding relative to major federal awards programs for Monroe County, Florida is reported in this Schedule. 7. No audit findings relative to major state financial assistance projects for Monroe County, Florida are reported in this Schedule. 8. The threshold for distinguishing Type A and Type B programs/projects was $1,354,432 for major federal awards programs and $300,000 for major state financial assistance projects. 9. The County qualified as a low-risk auditee for federal Single Audit purposes, as that term is defined in OMB Circular A-133. 10. The programs/projects tested as major programs/projects included the following: Federal Programs Federal CFDA No. Federal Aviation Administration 20.106 Public Assistance Programs 97.036 1-20 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30,2006 PART I . SUMMARY OF AUDITORS' RESULTS (CONTINUED) State Projects State CSFA No. Aviation Development Grants 55.004 County Incentive Grant Program - Overseas Heritage Trail 55.008 Community Care for the Elderly 65.010 PART 11- FINDINGS - FINANCIAL STATEMENTS This section identifies the reportable conditions, material weaknesses, and instances of noncompliance related to the financial statements that are required to be reported In accordance with Government Auditing Standards. FINDING 06-01: Non-compliance with Laws and Regulations Criteria: Florida General Statutes require that actual expenditures do not exceed appropriated expenditures at the legal level of budgetary control. Condition: During our audit we became aware of several instances where vendor invoices had been received by various department personnel, held for a period of time by these departments, and then submitted for payment to the finance department. Effect: The delay in payment, and therefore, the grant revenue resulted in the County having to report a deficit fund balance of $7,858,602 in the Government Grants Special Revenue Fund and $459,302 in the Sheriffs Grants Special Revenue Fund. The lack of the timely submission of these invoices for payment also resulted in the expenditures exceeding appropriations in the Community Services Management cost center (Board's level of budgetary control) of the General Fund by $2,117, Growth Management Administration cost center of the Unincorporated Area Service District-Planning, Building and Zoning Special Revenue Fund by $233,858, and the Boating Improvement cost center of the Boating Improvement Special Revenue Fund by $30,912. 1-21 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30, 2006 FINDING 06-01: (continued) Cause: There appears to be a lack of understanding by departments for the need to submit invoices timely to the Finance Department. Recommendation: We recommend that the County implement appropriate procedures to prevent this from reoccurring in the future. PART 1fI. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS PROGRAMS FINDING 06-02: Non-compliance with Laws and Regulations Federal Aviation Administration Program Name: Airport Improvement Program CFDA#: 20.106 Criteria: The use of federal funding for construction projects requires monitoring of the Davis Bacon Act requirements for contracts exceeding $2,000. Condition: During our audit, we were not provided with construction contracts that included the required language for compliance with the Davis Bacon Act for several contractors used in airport construction projects. While the required payroll information was provided for our selected items, there was no documentation to support that the information was actually reviewed for compliance with appropriate Department of Labor wage determinations. We also noted that one of the payrolls tested did not include the certification signed by an official of the contractor. Effect: Non-compliance with the requirements of grant agreements. Questioned Costs: N/A. We compared the wage rates per the payrolls provided against the Department of Labor's wage determinations, noting the wages paid were in compliance. Cause: Lack of established procedures for documentation of compliance. 1-22 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30,2006 FINDING 06-02: (continued) Recommendation: We recommend that a procedure be implemented to ensure the review of Davis Bacon compliance is documented. We also recommend that contracts with subcontractors contain the appropriate language to ensure compliance with the Oavis Bacon Act. PART IV - FINDINGS AND QUESTIONED COSTS - MAJOR STATE FINANCIAL ASSISTANCE PROJECTS There are no findings or questioned costs reported. 1-23 Monroe County, Florida Summary Schedule of Prior Audit Findings and Corrective Action Plan Federal Awards Programs and State Projects For the Year Ended September 30, 2008 Prior Year Audit FindinQs: There were no audit findings in the prior year independent auditors' reports that required corrective action. Corrective Action Plan: Finding: 06~1 A. Name of Contact Person: Sal Zappulla, Budget and Finance Director Tina Soan, OMS Director B. Corrective Action: Appropriate action has been taken regarding the management and control of invoices. Measures have been implemented to ensure all departments follow the current Monroe County procurement policy, which requires, that departments encumber funds from their budget allocations in advance for all goods and services. This process is being closely monitored for compliance which we feel will improve internal controls and prevent any future budgetary compliance issues. C. Proposed Completion: Corrective action to be taken immediately upon completion of the audit. Finding: 06~2 A. Name of Contact Person: Peter Horton, Airport Director B. Corrective Action: Both the Monroe County Legal Department and URS, the Airport Engineering firm, will be notified of the need for Davis Bacon Compliance language in all future construction contracts for General Contractor or Subcontractor work on airport projects. In the future, at project closeout and before the final check is drawn for retainage, proof of Davis Bacon compliance will be required from all General and Subcontractors who worked on the project. Corrective action to be taken immediately upon completion of the audit. C.Proposed Completion: 1-24 THIS PAGE INTENTIONALLY LEFT BLANK - . I ~ I Pl II "I "I H~ tl '~t ~J' ...... '~~r.... ,. ~ H:"IiI\-l ~ r...... I\. Independent Auditors' Management Letter To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the basic financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of Monroe County, Florida (the "County") as of and for the year ended September 30, 2006, and have issued our report thereon dated February 2, 2007. These financial statements are the responsibility of the County's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Monroe County Housing Finance Authority (the "Authority"), a discretely presented component unit of the County. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Authority is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and our Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to each Major Federal Awards Program and State Financial Assistance Project. Disclosures in these reports, which are dated February 2, 2007 and March 19, 2007, respectively, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1 )(h)1) require that we address in the management letter, if not already addressed in the auditors' reports on internal controls, compliance and other matters or schedule of findings and questioned costs, whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. There were no findings in the preceding annual financial audit report. The Rules of the Auditor General (Section 10.554(1 )(h)2) state that a management letter shall have a statement as to whether or not the County complied with Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit of the basic financial statements of the County, the results of our tests did not indicate that the County was in noncompliance with Section 218.415 regarding the investment of public funds. The Rules of the Auditor General (Section 10.554(1 )(h)3) require discfosure in the management letter of any recommendations to improve the County's management, accounting procedures, and internal controls. Reference to recommendations is provided in separate management letters for each County agency. J-1 The Rules of the Auditor General (Section 10.554(1 )(h)4) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on compliance and internal controls or schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions that have occurred. or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g.. the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. There were no such matters noted. The Rules of the Auditor General (Section 10.554(1 )(h)5) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. Such disclosure is included in notes to the financial statements. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit of the financial statements of the County, the results of our tests did not indicate that the County met any of the specified conditions of a financial emergency contained in Sectlon 218.503(1). However, our audit does not provide a legal determination on the County's compliance with this requirement. The Rules of the Auditor General (Section 10.554(1)(h)6.b.) state that a management letter shall include a statement as to whether or not the financial report filed with the Florida Department of Financial Services, pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the current audit period and, if not, explanations of any significant differences. It should be noted that the County's basic financial statements contain a discretely presented component unit, defined as part of the reporting entity under accounting principles generally accepted in the United States of America, for which the County has not been deemed the local goveming authority for purpose of the annual report. In connection with our audit of the County, the results of our tests indicate that the annual financial report for the year ended September 30. 2006, filed with the Department of Financial Services, is in agreement with the annual financial audit report for the current audit period. As required by the Rules of the Auditor General (Sections 10.554(1)(h)6.c. and 10.556), the scope of our audit included financial condition assessment procedures as of September 30, 2006. It is management's responsibility to monitor the County's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The financial condition assessment procedures described above disclosed no deteriorating financial conditions. This report is intended solely for the information and use of management, the County Mayor and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. ~. 6~?hI~)L.L.~ Orlando, Florida February 2, 2007 J-2 O,~~y'Y ~o~~~~E (305) 294-4641 (--'~ BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 Momoe County Board of County Commissioners Community Services Division Momoe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 December 19, 2007 Ms. Carolyn A. Dekle South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Dear Ms. Dekle, Please find enclosed the FTA Section 5310 Year 33 (2008-2009) Capital Assistance Grant Application from Monroe County Board of County Commissioners (Monroe County Transit) for your review. Sincerely, Jerry L. Eskew Transportation Administrator CC: L. Carl Filer, P.E., Manager, FDOT Miami Edward Carson, Transit Program Administrator, FDOT Miami BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12-19-2007 Division: Community Services Bulk Item: Yes l No Department: Social Services/In-Home Services Staff Contact Person: Janice Drewing AGENDA ITEM WORDING: Approval ofthe Master Agreement #pA-829 for the period of January 1, 2008 through December 31, 2008, between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services (In-Home Services ProgramlNutrition Program). ITEM BACKGROUND: The approval of the Master Agreement will ensure the continuation of the In-Home and Nutrition Services Program (with no disruption to the consumers) assure that both the Alliance and Monroe County will be subject to the conditions set forth in all contracts between above referenced parties and will allow either party to amend executed contracts covered under this Master Agreement. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Master Agreement PA-729 on December 20,2006. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST $ -0- COST TO COUNTY: $ -0- BUDGETED: Yes --L No SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atly --L ~rchasing ~ Risk Management _ X_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract #P!- 829 Effective Date: January 1,2008 Expiration Date: December 31,2008 Contract Purpose/Description: Approval of Contract #P&-829, Master Agreement, between the Alliance For Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home and Nutrition Services Program). L Q \ Contract Manager: gn;ce ~Wi:-O (Name) Contract with: Alliance For Aging, Inc. For BOCC meeting on 12/19/2007 CONTRACT SUMMARY 4523 (Ext. ) Social Services/Stop 1 (Department/Stop #) 12/4/2007 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ -0- Budgeted? Yes No X Account Codes: Grant: $ -0- County Match: $ -0- Estimated Ongoing Costs: $ (Not included in dollar value above) Current Year Portion: $ /yr ADDITIONAL COSTS For: (eg. Maintenance, utilities, janitorial, salaries, etc) Date In Division Director l?- \ <..t{ 0, Risk Management I a -l{ - 0 -) O.~.iPurchasing 1;114101 County Attorney Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT REVIEW Changes Need~ Yes <ffu.) Yes G) Yes G Yes 6P Date Out .. "'" 01/2008 Agreement PA-829 ALLIANCE FOR AGING INC. MASTER AGRE EMENT THIS MASTER AGREEMENT is entered into between the Alliance for Aging Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." All agreements executed between the recipient and the Alliance shall be subject to the conditions set forth in this agreement for the duration of the agreement period(s). Any and all agreements executed between the recipient and the Alliance during the effective period of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. This Master Agreement is subject to change in order to incorporate pass-through language required by the Depar tment of Elder Affairs. The parties agree: I. Recipient Agrees: A. 1. To provide services according to the conditions specified in any agreement(s) with the Alliance during the period this agreement is in effect. 2. This agreement covers all services provided by the recipient under contract with the Alliance. 3. To provide services in compliance with the provisions of the Department Home and CommunitY-Based Services Handbook. B. State and Federal Laws and Regulations: The recipient shall: 1. Comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including: sections 215.97 and 216.348, F.S., Title 45, Code of Federal Regulations (CFR), Part 74, and/or 45 CFR, Part 92, and/or 48 CFR Part 31, and Office of Management and Budget (OMB) Circulars A-21, A-87, A-102, A-110, A-122, and A-133, whichever is applicable to the reci pient's organization. 2. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42 United States Code (U.S.C.) 7401 et seq.j, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). The recipient shall report any violations of the above to the Alliance. 3. Prior to execution of this agreement, complete the Certification Regarding Lobbying form, ATTACHMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts form, ATTACHMENT II. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the Alliance's contract manager, and all disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Alliance with the signed agreement. ~ " 01/2008 Agreement PA-829 4. Comply with section 112.061, F. S., and any policies of the Department of Elder Affairs regarding any and all business travel pursuant to agreements covered by this agreement (including use of the State Comptroller approved Reimbursement of Travel Expenses form, or an equivalent form developed by the recipient), and comply with the provisions of Chapter 119, F.S., allowing public access to all documents, papers, letters, or other materials made or received by the recipient in conjunction with this agreement and any agreements incorporating this agreement by reference. 5. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the recipient who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). 6. Transportation Disadvantaged: If clients are to be transported under any agreements incorporating this agreement, comply with the Provisions of Chapter 427, F.S., and Rule 41- 2, Florida Administrative Code (F. A. C.). 7. Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48 CFR, Part 31.205, or Title 45 CFR, Part 93, whichever is applicable, that prohibit the expenditures of funds for the purpose of lobbying the Legislature, a jUdicial branch or a state agency. 8. Safeguarding Information: Except as provided for auditing and monitoring purposes, not to use or disclose any information concerning a consumer who receives services under agreements incorporating this agreement by reference or subsequent agreements for any purpose not in conformity with state and federal regulations, except upon written consent of the consumer, or the consumer's authorized representative. 9. HIPAA Compliance: Comply with all requirements of the Health Insurance Portability Act (H/PAA) of 1996, as applicable. The Alliance and the recipient recognize that each may be a "Business Associate" of the other under the terms of HIPAA. As such and to the extent said terms may be applicable, each agrees to the terms as written in ATTACHMENT VII. 10. Grievance and Appeal Procedures: Follow the Minimum Guidelines for Recipient Grievance Procedures, ATTACHMENT V, for handling complaints from consumers who complain service has been suspended, terminated or reduced. Recipients and subrecipients will also establish their own complaint procedures for consumers who are dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have their complaint reviewed. It is expressly understood that substantial evidence of the recipient's refusal to comply with any of the above provisions shall constitute a breach of this agreement. 2 ~ ~ 01/2008 C. Civil Rights Certification: Agreement PA-829 1 . The recipient gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The recipient shall comply with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local financial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at Title 41 CFR, Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin (c) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes or which may apply to agreements covered by this agreement. 2. The recipient agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For recipients employing less than 15 persons, the Alliance requests completion of the Civil Rights Compliance Questionnaire. 3. The recipient shall establish procedures to handle complaints of discrimination involving services or benefits through this agreement. These procedures shall include advising clients, employees, and participants of the right to file a complaint, their right to appeal a denial or exclusion from the services or benefits, and their right to a fair hearing as a result of their complaint of discrimination. Complaints of discrimination involving services or benefits through this agreement and may also be filed with the Secretary of the Department of Elder Affairs or the appropriate federal or state agency. 4. The recipient agrees that compliance with these assurances are a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the recipient, its successors, transferees, and assignees for the period during which such assistance is provided. The recipient further assures that all subrecipients, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the recipient understands that the Alliance and/or Department of Elder Affairs may, at their discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judiCial or administrative relief, including but not limited to, termination of and denial of further assistance. 3 " 01 /2008 Agreement PA-829 D. Payment Requirements For all agreements covered by this agreement, the recipient agrees: 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof. The recipient shall comply with only the particular requirements under the following laws and guidelines that are applicable to the agreements covered under this agreement: (a) paragraph (16) (b) of section 216.181, F. S., regarding advances; (b) paragraph 691-40.103 FAC. pertaining to Restriction of Expenditures from state funds; and, (c) the Contract Payment Requirements sub-section of section C of the Reference Guide for State Expenditures from the Department of Financial Services http://www.dbf.state.f1.us/aadir/reference_guide/). The recipient certifies that detailed documentation is available to support each item on the itemized invoice or payment request for cost reimbursed expenses, including paid subcontractor invoices, and will be produced upon request by the Alliance. The recipient further certifies that reimbursement requested is only for allowable expenses as defined in the laws and guiding circulars cited in Section I, paragraph B. 1 of this agreement, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the recipient's approved service application. 2. Recipients and sub-recipients shall provide units of deliverables, including reports, findings, and drafts as specified in the agreements and agreement attachments covered by this agreement, and the service provider applications developed by the recipient (pursuant to section 306(a) of the Older Americans Act), to be received and accepted by the contract manager prior to payment. E. Withholdings and Other Benefits: The recipient is responsible for Social Security and Income Tax withholdings. F. Indemnification: If the recipient is a state or local governmental entity, pursuant to section 768.28(18) F.S., the provisions of this section do not apply. 1. Recipient and all subrecipients agree to indemnify, defend, and hold harmless the Department of Elder Affairs and the Alliance and their officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the recipient, its agents, employees, or subrecipients during the performance of all agreements incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the Department, the Alliance or said parties may be subject, except neither recipient nor any of its subrecipients will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department, the Alliance or any of its officers, agents, or employees. 2. Recipient's obligation to indemnify, defend, and pay for the defense or, at the Department's and I or the Alliance's option, to participate and associate with the Department and I or the Alliance in the defense and trial of any claim and any related settlement negotiations. shall be triggered by the Department's and I or Alliance's notice of claim for indemnification to recipient. Recipient's inability to evaluate liability or its evaluation of liability shall not excuse 4 ~ 01/2008 Agreement PA-829 recipient's duty to defend and indemnify the Department and or the Alliance, upon notice by the Department and / or the Alliance. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Department and / or the Alliance solely negligent shall excuse performance of this provision by recipients. Recipient shall pay all costs and fees related to this obligation and its enforcement by the Department and / or the Alliance. The Department's and / or the Alliance failure to notify the recipient or subrecipient of a claim shall not release recipient of the above duty to defend. 3. It is the intent and understanding of the parties that the recipient, nor any of its subrecipients, are employees either of the Department or the Alliance and shall not hold themselves out as employees or agents of either agency without specific authorization from them. It is the further intent and understanding of the parties that neither the Department nor the Alliance control the employment practices of the recipient and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the recipient, or its subrecipient. G. Insurance and Bonding: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all agreements incorporating this agreement by reference. The recipient accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the recipient and the clients to be served under contracts incorporating this agreement by reference. Upon execution of each contract covered under this agreement, the recipient shall furnish the Alliance written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department of Elder Affairs and the Alliance reserve the right to require additi onal insurance where appropriate. 2. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the recipient authorized to handle funds received or disbursed under all agreements incorporating this agreement by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 3. If the recipient is a state agency or subdivision as defined by section 768.28, F.S., the recipient shall furnish, upon request, written verification of liability protection in accordance with section 768.28, F.S. Nothing herein shall be construed to extend any party's liability beyond that provided in sec tion 768.28, F.S. (See also Indemnification clause.) H. Purchasing: 1. Procurement of Products or Materials with Recycled Content Any products or materials which are subject of, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. 5 .; 01/2008 I. Sponsorship: Agreement P A-829 1. Any nongovernm ental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by, the State of Florida, Department of Elder Affairs and Alliance for Aging Inc." If the sponsorship reference is in written material, the words "State of Florida, Department of Elder Affairs and the Alliance for Aging" shall appear in the same size letters or type as the name of the organization (ref.: section 286.25, F. S.). This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. If the recipient is a governmental entity or political subdivision of the state, the Departm ent and the Alliance request compliance with the conditions specified above. 3. The recipient shall not use the words "State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc" to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the Alliance prior to use. J. Public Entity Crime - Applicable only to state agencies or political subdivisions of the state: Denial or revocation of the right to transact business with public entities. In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes to transact business with the Department of Elder Affairs, or the Alliance, as the pass through agent for the Department, pursuant to section 287.133, F.S.: is a condition of receipt or benefit from state or federal funds and it is binding upon the recipient, its successors and transferees during the period of this agreement. The recipient further assures that the recipient, its officers, directors, senior management, partners, employees or agents have not been convicted of any public entity crimes within the last 36 months. If the recipient or any of its officers or directors is convicted of a public entity crime during the period of this agreement, the recipient shall notify the Departm ent of Elder Affairs and the Alliance immediately. Non- compliance with this statute shall constitute a breach of this agreement. K. Employment: If the recipient is a non-governmental organization, it is expressly understood and agreed the recipient will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to the Immigration Nationality Act (INA), Sec. 274A [8 U.S.C. s.1324a]. Violation of the employment provisions as determined pursuant to section 274A shall be grounds for unilateral cancellation of any and all agreements incorporating this agreement by reference. L. Audits and Records: The recipient agrees: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices that sufficiently and properly reflect all revenues and expenditures of funds provided by the Alliance under all contracts covered by this agreement. Recipient agrees to maintain records, including paid invoices, payroll registers, travel vouchers, time sheets, etc., as supporting 6 01/2008 Agreement PA-829 documentation for service cost reports and for administrative expenses itemized for reimbursement. This documentation will be made available upon request for monitoring and auditing purposes. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the Alliance, the Department of Elder Affairs or by federal personnel, if applicable. 3. To maintain and file with the Alliance such progress, fiscal and inventory and other reports as the Alliance may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the agreements incorporating this agreement by reference. 4. To submit management, program, and client identifiable data, as specified by the Department of Elder Affairs and/or the Alliance. To record and submit program specific data in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT III and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements, including ATTACHMENT III, in all sub-agreements and assignments. 7. The recipient agrees to provide client information and statistical data for research and evaluative purposes when requested by the Department of Elder Affairs and/or the Alliance. 8. To provide to the Alliance all fiscal information regarding services contracted pursuant to this agreement using the application required by the Department of Elder Affairs. M. Retention of Records: 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement covered under this agreement for a period of at least five (5) years after termination of the agreement(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings. These records may be subject to additional retention requirements set by law. 2. Persons duly authorized by the Department of Elder Affairs, the Alliance or federal auditors, pursuant to Title 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. N. Monitoring and Incident Reporting: 1. The recipient will provide progress reports, including data reporting requirements as specified by the Depa rtment of Elder Affairs to be used for monitoring progress or performance of the contractual services as specified in the area plan submitted by the Alliance to the Department as well as in the service application submitted by the recipient to the Alliance. Following the norms set down by the Department of Elder Affairs, the Alliance 7 01/2008 Agreement PA-829 will establish performance standards for recipients with weights assigned to each standard. Standards will be tracked monthly by Alliance staff through desk reviews of available fiscal, CIRTS, and research production reports and any other system or process designated by the Department. Examples of review criteria are surplus/deficit, independent audits, internal controls, reimbursement requests, subrecipient monitoring, targeting, program eligibility, outcome measures, service provision to clients designated as "high risk" by the Department of Children & Families, Adult Protective Services program, data integrity, co-payments, client satisfaction, correspondence, and client file reviews. 2. The Alliance will perform administrative and programmatic monitoring of the recipient to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state an d federal laws and regulations. 3. To permit persons duly authorized by the Department of Elder Affairs or the Alliance to inspect any records, papers, documents, facilities, goods and services of the recipient which are relevant to agreements incorporating this agreement by reference, or to the mission and statutory authority of the Department of Elder Affairs or the Alliance, and to interview any clients and employees of the recipient to be assured of satisfactory performance of the terms and conditions of these agreement(s). Following such inspection the Department of Elder Affairs or the Alliance will deliver to the recipient a list of its concerns with regard to the manner in which said goods or services are being provided. The recipient will rectify all noted deficiencies provided by the Department of Elder Affairs or the Alliance within the time set forth, or provide either the Department of Elder Affairs or the Alliance with a reasonable and acceptable justification for the recipient's failure to correct the noted shortcomings. The Department of Elder Affairs or the Alliance shall determine whether such failure is reasonable and acceptable. The recipient's failure to correct or justify deficiencies within a reasonable time as specified by the Department of Elder Affairs or the Alliance may result in either agency taking any of the actions identified in Section III., C., Enforcement, or deeming the recipient's failure to be a breach of this agreement. 4. Extraordinary Reporting: The recipient shall notify the contract manager for the Alliance immediately, but no later than within 24 hours, from the recipient's awareness or discovery of conditions that may materially affect the recipient's ability to perform, such as problems, delays, or adverse conditions which may impair the recipient's ability to meet the objectives of the agreements covered by this agreement. The notice shall include a brief summary of the problem(s), a statement of the action taken or contemplated, time frames for implementation, and any assistance needed to resolve the situation. Examples of reportable conditions may include: · proposed consumer terminations · recipient financial conce rns/difficulties · non-payment or untimely payment reported by vendors · service documentation problems · agreement non-compliance · service quality problems and consumer complaint trends · HIPAA violations The Alliance shall investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Substantiated allegations shall be reported to the Department of Elder Affairs' contract manager. 8 01/2008 Agreement PA-829 In the event that a situation results in the cessation of services by a sub-recipient or vendor, the recipient retains the responsibility for performance under agreements covered by this agreement and must follow their own procedures to ensure that clients continue receiving services without interruption, e. g. exercising their emergency procurement procedures, temporary assumption of the direct provision of services, etc. o. Assignments and Subcontracts: 1. Alliance's approval of the service application presented by the recipient shall constitute Alliance's approval of the recipient sub agreements if the sub agreements follow the service and funding information identified in the service application. No such approval by the Alliance of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Alliance in addition to the dollar amount agreed upon in contracts covered by this agreement and the contracts incorporating it by reference and to any conditions of approval the Alliance shall deem necessary. 2. For every transaction, the recipient must determine if the subcontractor is a vendor rather than a subrecipient, as defined in OMB Circular A-133, subpart 8, section .210, and in section 215.97, F.S., and this determination must be documented in writing. When a vendor relationship is identified, an agreement with all of the terms and conditions set forth in this agreement is not required. However, a written agreement outlining the term of the agreement, the goods being purchased or services to be performed, and conditions for procurement, receipt and payment for goods and services. Compliance for vendors is usually limited to these tasks unless the recipient chooses to pass down program compliance to the vendor in the written agreement. The recipient is ultimately responsible for assuring program compliance and performance, and any applicable conditions of this agreement and the agreements covered by it. P. Return of Funds: 1. To return to the Alliance any overpayments due to unearned funds or funds disallowed pursuant to the terms of all agreements for which funds were disbursed to the recipient by the Alliance. a. The recipient shall return any overpayment to the Alliance within forty (40) calendar days after either discovery by the recipient, or notification by the Alliance, of the overpayment. b. In the event the recipient or its independent auditor discovers an overpayment has been made, the recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Alliance. In the event the Alliance first discovers an overpayment has been made, the Alliance will notify the recipient by letter of such a finding. c. Overpayments due to unallowable or un-allocable expenses due to billing discrepancies must be returned to the Alliance under the same terms and conditions as this section. Information indicating recipient has been overpaid as a result of over-budgeting on the unit cost methodology can be used by the Alliance to negotiate lower rates in subsequent years. Continuous overpayment to recipients due to over budgeting may result in a demand for repayment to the Alliance under the same terms and conditions of this section. Repayment received by the Alliance shall be reported to the Department 9 01/2008 Agreement PA-829 of Elder Affairs and may be either re-allocated to other recipient(s) or returned to the Department, at the Department's discretion. Q. Data Integrity Federal Grants Management require financial management systems for recipients of state and federal funds to be capable of providing certain information, assuring accuracy and accountability, in accord with prescribed reporting requirements. These reporting requirements may require certain calculations or the provision of specified data to fully disclose the financial results of each fed erally funded or state-sponsored program. Accordingly, the recipient must, prior to execution of this agreement, complete the Data Integrity Certification form. ATTACHMENT IV. R. Conflict of Interest: The recipient will maintain a written code of conduct governing the performance of its employees, board members, management and sub-recipients, engaged in the award and administration of contracts. No employee, officer or agent of the recipient or sub-recipient shall participate in selection, or in the award or administration of a contract supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The recipient or sub- recipient's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub- agreements. The recipient's board members and management must disclose to the Alliance any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this agreement. The recipient's employees and sub-recipients must make the same disclosures described above to the recipient's board of directors. Compliance with this provision will be monitored. S. Successors and Transferees: Recipient must receive approval from the Alliance's contract manager prior to transferring or assigning this agreement, or any agreements referencing this agreement, to another party or a different organizational entity. Further, this agreement or any agreements referencing this agreement are binding in their entirety on the recipient and its successors, assignees and transferees. II. The Alliance Agrees: A. Payment: Payments to vendors contracted by the Alliance shall be made in accord with the terms as negotiated with the vendor(s). 10 01/2008 B. Vendor Ombudsman: Agreement PA-829 Requests for Payment returned to a vendor or a recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice and/or request for payment is provided to the department. Recipients, subrecipients and vendors experiencing problems obtaining timely payment(s) from the Alliance may contact the Department's contract manager at (850) 414-2000. III. Agreement Term and Renewal The recipient and the Alliance mutually agree: A. Effective Date 1. This agreement shall begin on January 1, 2008 or on the date on which the agreement has been signed by both parties, whichever is earlier, and shall end on December 31,2008. 2. All agreements executed between the Alliance and the recipient during the effective period of this agreement shall reference this agreement by number, incorporating it therein, and shall be governed by the conditions of this agreement and its successor(s) for the duration of the contract period( s). B. Enforcement: 1. The Alliance may take corrective action, including but not limited to termination, unannou nced special monitoring, temporary assumption of the operation of one or more programs, placement of the recipient on probationary status, imposing a moratorium on recipient action, or other administrative action if it finds that: · an intentional or negligent act of the recipient has materially affected the health, welfare, or safety of consumers served pursuant to this agreement, or substantially and negatively affected the operation of services covered under this agreement. · the recipient lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. · the recipient has committed multiple or repeated violations of legal and regulatory standards · the recipient has failed to continue the provision or expansion of services after the declaration of a state of emergency. · the recipient has failed to adhere to the terms of this agreement or the terms of any agreement(s) covered by this agreement and incorporating it by reference. 2. In making any determination under this provision the Alliance may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of this agreement is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Mi ami Dade County. Before the Alliance formally rescinds the designation of the recipient or initiates any intermediate measure, or either party 11 01/2008 Agreement PA-829 commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representative at a place and location designated by the Alliance. C. Termination: 1. Termination for Convenience This agreement and any other agreements incorporating it by reference may be terminated by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the recipient terminates an agreement at will, the recipient agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for consumers pursuant to this agreement or any sub-agreement will not be interrupted or suspended by the termination. In the event that an agreement between the recipient and a sub-recipient is terminated, the recipient shall require the sub-recipient to submit to the recipient and the Alliance, a similar plan ensuring services to consumers will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any agreement(s) under this agreement become unavailable, the Alliance may terminate the affected agreement or agreements upon no less than twenty-four (24) hours notice in writing to the recipient. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Alliance shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived in writing by the Alliance, or if the recipient fails to cure the breach within the time specified, the Alliance may, by written notice to the recipient, terminate any and all of the agreement(s) incorporating this agreement by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provisions of anyone contract covered by this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of other agreements covered under this agreement. The provisions herein do not limit the Alliance's right to remedies at law or to damages of a legal or equitable nature. D. Notice and Contact: 1. The name, address and telephone number of the Alliance's contact for this agreement are: Max B. Rothman, JD, LL.M. President and CEO 9500 South Dadeland Boulevar d, Suite 400 Miami, FL 33156 Phone: (305)670-6500 12 01/2008 Agreement PA-829 2. The name, address and telephone number of the recipient's contact for this agreement are: Monroe County Board of Commissioners Gato Building 1100 Simonton Street Key West, FL 33040 Phone: (305) 292-4573 - Fax (305) 292-4517 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained are: Debbie Barsell Director of Community and Social Services Gato Building 1100 Simonton Street Key West, FL 33040 Phone: (305) 292-4573 - Fax (305) 292-4517 E. Renegotiation or Modification: 1. Modifications of provisions of this agreement and of any and all agreement(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this agreement and any affected agreements if revisions of any applicable laws or regulations make changes in this agreement necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreement(s) incorporating this Master Agreement by reference only when these have been established through the appropriations process, or identified in the federal program. IV. The Recipient Agrees to the following special provisions: A. Property & Equipment 1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the capitalization level established by the organization for the financial statement purposes, or $5000 [for federal funds], or (b) nonexpendable, tangible personal property of a non-consumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more [for state funds]. 2. Recipients and sub-recipients who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with OMB Circular A-110 that include: (a) a property list with all the elements identified in the circular; and, (b) A procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the Alliance upon request. 3. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment purchased with state funds with an acquisition cost over $1,000 that is 13 01/2008 Agreement PA-829 specifically identified in the recipient's service application approved by the Alliance is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the recipient, subject to the conditions of OMS Circular A-110, Subpart C, paragraph .34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this agreement, or identified in agreements with recipients (not included in a cost methodology), is subject to the conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR part 74. 4. Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this agreement without the prior approval of the Alliance. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., and Sec. 3030b United States Code (USC). Real property purchases from state funds can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of section 216.348, F. S. 5. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confide ntial information remains. 6. A budget amendment is required to be submitted and approved by the Alliance's contract manager prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. 7. Information Technology Resources The recipient must adhere to the Department of Elder Affairs' procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the Alliance for Aging's LAN administrator's file. The Alliance has the responsibility to require any recipient to comply with the Department of Elder Affairs ITR procedures. B. Copyright Clause The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under any agreement(s) incorporating this agreement by reference. The Department of Elder Affairs reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for state and federal purposes, and to authorize others to do so. Other rights of the Department and recipient are described in Title 45 CFR, sec. 74.36, and section 286.021, F.S. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of this recipient or any subrecipient and referred to a governmental or investigatory agency must be sent to the Department of Elder Affairs via the Alliance. If the Alliance has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other 14 01/2008 Agreement PA-829 governmental agency, the Alliance shall notify the Inspector General at the Department of Elder Affairs immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the Alliance or the recipient, must be sent to the Department of Elder Affair's Inspector General with a summary of the investigation and allegations. D. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider agency to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its s ubrecipient. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider agency to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderl y in the potential or actual disaster area. E. Volunteers The recipient will promote the use of volunteers as prescribed in section 306(a) (12), Older Americans Act and section 430.07, F.S. F. Business Hours Recipients who are lead agencies, as defined in section 430.203(9), F.S. or who provide elder he/pline services pursuant to this agreement must also maintain minimum business hours from 8:00 AM until 5:00 PM, Monday through Friday, excluding national and state holidays. G. Management Information Systems For all program agreements incorporating this agreement by reference for which the collection of client data in electronic format (GIRTS, for example) is required: 1. The recipient must enter all required data per the Department's CIRTS Policy Guidelines for consumers and services in the GIRTS database. The data must be entered into the GIRT S before the recipient submits their request for payment and expenditure reports to the Alliance. The Alliance shall establish time frames to assure compliance with due dates for the requests for payment and expenditu re reports to the Department. 2. The recipient will run monthly CIRTS reports and verify consumer and service data in the CIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the recipient's request for payment and expenditure reports can be approved by the Alliance. 15 01/2008 Agreement PA-829 3. Failure to ensure the collection and maintenance of the CIRTS data may result in the Alliance enacting the "Enforcement" clause of this agreement (see Section III, C.), including delaying or withholding payment until the problem is corrected. 4. Computer System Backup and Recovery Each recipient, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of recipient functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The recipient shall maintain written policies and procedures for computer backup and recovery. These policies and procedures shall be made available to the Alliance upon request. H. Consumer Outcomes 1. The recipient will develop consumer outcome measures consistent with those developed by the Department of Elder Affairs and the Alliance for Aging Inc. 2. As required by the legislature for performance-based program budgeting, the Department of Elder Affairs and the Alliance for Aging Inc. will set targets for the performance of outcome measures. The recipient is responsible for achieving these targets. 16 01/2008 Agreement PA-829 IN WITNESS THEREOF, the parties hereto have caused this 39-page agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: ALLIANCE FOR AGING, INC., BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: SIGNED BY: NAME: NAME: MAX B. ROTHMAN. JD. LL.M. TITLE: PRESIDENT AND CEO TITLE: DATE: DATE: (Revised February 2004) 17 01/2008 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENT Agreement PA-829 ATTACHMENT I The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding 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. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Name of Authorized Individual Application or Contract Number: Name and Address of Organization: P.c.- 829 DOEA Form 103 (Revised Nov 2002) 18 01/2008 Agreement PA-829 ATTACHMENT" INSTRUCTIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS 1. Each recipient of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Department of Elder Affairs nor its contract recipients can contract with subrecipients if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this agreement is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The recipient shall provide immediate written notice to the contract manager at the Alliance any time the recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circ umstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The recipient further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The recipient further agrees by submitting this certification that it will require each subrecipient of agreements referencing this agreement whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each sub agreement. 7. The Department of Elder Affairs may rely upon a certification by a recipient/subrecipient entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the Department knows that the certification is erroneous. 8. The Alliance may rely upon a certification by a subrecipient entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the Alliance knows that the certification is erroneous. 9. The signed certifications of all subrecipients shall be kept on file with the Alliance. DOEA FORM 112A (Revised February 2004) 19 01/2008 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS Agreement PA-829 This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs (or the Alliance for Aging acting as its agent) by any federal department or agency. (2) Where the prospective recipient is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. Signature: Date: Name and Title of Authorized Individual (Print or type): ... Name of Organization: DOEA FORM 1128 (Revised April 2001 ) 20 01 /2008 Agreement P A-829 ATTACHMENT III Audit Attachment The administration of funds awarded by the Department of Elder Affairs to the Alliance and to any subrecipient, through agreements with the Alliance, may be subject to audits and/or monitoring by the Department and other authorized state personnel or federal personnel as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on- site visits by department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller, Auditor General or federal personne/. OTHER REQUIREMENTS If the recipient is a non-profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this attachment) must be completed and returned to the Alliance with the signed contract. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient or subrecipient is a State or local government or a non-profit organization as defined in OM B Circular A-133, as revised. 1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Federal funds awarded through the Alliance by this agreement, if any, are indicated in section I/. A. of the contract(s) covered by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from or passed through the Alliance. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A- 133, as revised. 3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal 21 01/2008 Agreement PA-829 year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Information regarding audit requirements contained in OMS Circular A-133 and section 215.97, F.S., can be obtained from the following web-sites: htto:/ /www.whitehouse.qov/omb/circulars/ and: htto://www.leq.state.f1.us/ PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by section 215.97, F.S. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the Alliance by this agreement are indicated in section II. A. of the contract(s) of which this agreement is an attachment. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Elder Affairs through the Alliance for Aging, other state agencies, and other non-state entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 2, the recipient shall ensure that the audit complies with the requirements of section 215.97, F.S. This includes submission of a reporting package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 22 01/2008 PART III: REPORT SUBMISSION Agreement PA-829 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by section .320 (d), OMS Circular A-133, as revised, by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: A. The Alliance for Aging, Inc., at the following address: Attn: Carlos L. Martinez, CPA Chief Financial Officer 9500 South Dadeland Boulevar d, Suite 400 Miami, FL 33156 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by sections .320 (d) (1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with sections .320 (e) and (f), OMB Circular A-133, as revised. 2. The recipient shall submit a copy of the reporting package described in section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Alliance at the following address within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: Alliance for Aging, Inc. Attn: Carlos L. Martinez, CPA Chief Financial Officer 9500 South Dadeland Boulevar d, Suite 400 Miami, FL 33156 3. Copies of audits and reporting packages required by PART II of this attachment shall be submitted by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: A. The Alliance for Aging, Inc. at the following address: Attn: Carlos L. Martinez, CPA Chief Financial Officer 9500 South Dadeland Boulevard, Suite 400 Miami, FL 33156 23 01 /2008 Agreement PA-829 S. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Any reports, management letters, or other information required to be submitted to the Alliance pursuant to this attachment shall be submitted timely in accordance with OMS Circular A-133, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable and should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the package. 5. Recipients, when submitting the financial reporting packages to the Alliance, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum period of five (5) years from the date the audit report is issued or longer if requested by the Alliance in writing, and shall allow the Alliance, the Department of Elder Affairs or its authorized designee and the Comptroller or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Alliance, the Department of Elder Affairs or its designee, and the Comptroller or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or may need to be longer if requested in writing by any of these age ncies. Alliance. PART V: SPECIFIC REQUIREMENTS OF DEPARTMENT ADMINISTERED PROGRAMS 1. The Department of Elder Affairs requires a supplemental schedule of functional expenses be prepared in a format provided by the department, which presents costs by service (as defined by the department), including units of service delivered, for recipients or subrecipients expending state or federal awards for services performed by their employees, contractors, and other payees who receive payment from department-administered funds for units of service recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. Government entities are excluded from this requirement. 2. If an audit is not required or performed, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (congruent with the Reference Guide for State Expenditures and OMB Circular A- 122 or A-B7, whichever is applicable). EXHIBIT 1 to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for contracts to attest to compliance with these provisions. 3. Interest earned on federal funds or general revenue funds must be returned to the Alliance. A chart is included in all contracts identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the amount of funds granted. 24 01 /2008 Agreement PA-829 4. Specific requirements for match, co-payments, and program income applicable to programs administered by the Department are outlined in the following applicability chart. 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Q)O U .... -0 0 .... e: - N Q) Q) 0 _ E E .c 0 ~ p, .'t:: (/l e: "" :;:..... 0 9 ~ U <( ~E.9 :,:"C-o a.e:.... E Q) ctl oEO) U <( ~ . ~ -~ -c E -o:t::l5e e:.ca.- Q)uxE 0..- Q) x~ ctl Q)::o.... .....0) Q) .5: -0 e ..o"CQ)o. _.2 !!? Q) (/l........c ::::JQ) ..... Eo.~e:-o - .- Q) U_ctl..... Q)ctl(/lUi!!! E-EE::::JQ) 80 (/l~ e:u-o....O) .- Q) e: 0 (/l E .c ctl - .- .....-oQ):!:: !!!g>Q)~.c g>';:: E a.~ ....::::JctlE.c a. "C Q) ._ :;: . .... S .c U - ctl E -0 Q) (/l ::::J Q) ..0 - o e: e: r3.c U ~ro o E +:iL,.,. .50 .;:: 0) c-2 8~ ~(/l SUi e: 0 ::::J U 00 >- . ~ctllt")(/l ~~,.....:!:: co <( -0 C) - Q)e: It") c; Q) -;:: 6<(~2 T'"" O)(/l I .- It") . '0 .!: COQ)'e:E (/l - .......-0 .- S co ctl j!!(/lE_ ::::J 0 (/l 0 E~O)- o It") .... (/l """ 20 -.- U .in ::; -g 0) ~:;{Q).c 0._ ~~- .... 0 (/l 0 c S T'"" -....... _ ctl ""e:- .c .uQ)a. U .e:Uctl _-0 9L.... 0) ctl 0) <(...n 0) .... Eu.. o.ctl .... S -0 0) (/l ::::J 0) u) ..oE _ ctl o .... e:0) e: e ctlo. u_ ctl ~Q; e:-O .2~ .... ~~ 00 . . (/l t'- 15 E o - U ctl o < Q; .~ C;, ~~o-oEtle t'- _ <( <( a.. o -0 Q) to:: .- -0 te: 0).- U~ I . .5: ~~ r3 ctl a. :>.-0 ..0 .!:: .c .... ..... 0) .... .co ..... 'Qi ai .... Q)2 ..0:0 e: :>'0) ctlo. E x 0) .c _~ u- .......0 ctl ::::J EO. . r--.. N ~ o o .... .~ ..... e: Q) E .~ ::::J c- Q) .... .c U - ctl E (/l - e: 0) '0. '0 Q) .... .6 ::::J (f) . 07/2007 Agreement P A-829 APPLICABILITY CHART DEFINITIONS AAA. Area Agency on Aging Program Income. Program income means gross income earned by a recipient from activities which are supported by a grant; Le., when at least some of the cost of the activity is a direct cost of the grant or indirect cost which helps match requirements of the grant. Program income includes contributions for meals or other supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the usage or rental of such property, and patent or copyright royalties for materials developed through the program. Revenue generated from a particular activity of the recipient/sub-recipient for which Department funds were used to cover at least half the cost is considered program income. Note: Money donated (cash donation) without earmark to the project by the donor should not be declared in an audit to be "program income" Cash Donations. Cash donations are money donated without earmark to the project by the donor. These donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted normally. Cash donations are not program income. Match. When general revenue funded contracts require match, it may be either by cash, certified public expenditure, or third-party in-kind. The non-federal share used to match OAA funds may be cash, certified public expenditure, or third-party in-kind. Co-payments. Fees assessed and collected according to a sliding scale based on the consumer's income for CCE and ADI services. In-kind Resources. In-kind resources must be identified in project records, necessary to project's achievement, reasonable and in proportion to time used for project, claimed after use in the project and, not included as contributions for other programs unless specifically allowed. In-kind Contributions In-kind contributions represent a value placed on non-cash contributions provided to the recipient of a contract. In-kind contributions may consist of actual charges for real property and equipment, and the value of goods and services that directly benefit and are identified with project activities. This may include staff time contributed by state and local agencies not otherwise matched or supported by federal funds. 28 07/2007 Agreement PA-829 ATTACHMENT III EXHIBIT - 1 MANAGEMENT ATTESTATION LETTER (To be completed at the end of recipient's fiscal year) Contract or Agreement Number: I, , hereby attest under penalty of perjury (recipient's authorized representative) that , based on the criteria (recipient agency name) set forth in the Audit Attachment, PARTS I and II, that: A. The above named recipient agency is not required to provide an audit report or reporting package because [check applicable statement( s)]: D the above-named entity has not expended $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance with OMB Circular A-133, as revised, and/or; D the above-named entity has not expended a total amount equal to or in excess of $300,000 in state awards in its fiscal year and therefore is not required to have a State single or program- specific audit in accordance with section 215.97, Florida Statutes. B. The recipient has complied with the allowable cost provisions [congruent with State and Federal law, generally accepted accounting principles, the Department of Financial Services' Reference Guide for State Expenditures, and Office of Management and Budget (OMB) Circular A-122, A-110, or A-87, whichever is applicable]. By making this statement the recipient has considered not only funding or awards from the Alliance, but all sources of Federal and S tate funding or awards. Fiscal year ended (Month/day/year): (Signature) (Title) (Date) 29 07/2007 Agreement P A-829 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the recipient named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The recipient and any sub-recipients of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the recipient, sub-recipient(s), or any outside entity on which the recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, recipient( s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the recipient (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the recipient agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The recipient and any sub-recipient( s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The recipient shall require that the language of this certification be included in all subcontracts, sub grants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and A-110. Signature Title Date Name of Authorized Signer: (Revised March 2004) 31 07/2007 Agreement P A-829 ATTACHMENT V MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families (DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION · The recipient must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable. ) · Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. · The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual) ; 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or other qualified representative in the requested revi ew proceedings. · All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW · Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable tim e before or during the review; 32 07/2007 Agreement P A-829 a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. · All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. · The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance review, stating: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Alliance for Aging by written request within 7 calendar* days, except in decisions involving the professional judgment of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE ALLIANCE FOR AGING - AREA AGENCY ON AGING · Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. · The designated AAA official(s) must provide written notification to the requester within 7 calendar* days after considering the grievance review appeal, stating: the decision, and the reasons ther efore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. · Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; 33 07/2007 Agreement P A-829 and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's fi Ie. * In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 34 07/2007 Agreement P A-829 ATTACHMENT VI INDICA TORS MEASUREMENT INTERMEDIATE Section 430.04 (2), F.S. MEASURES Section 430.04 (2), F .S. Lacks financial stability · Failure within the same . Temporary assumption of sufficient to meet contractual fiscal year in which due to operations and functions obligations or that contractual pay short-term loans related to the problem funds have been · Failure to transfer at the area within the agency misappropriated appropriate time, due to . Placement on lack of funds probationary status for a 0 Taxes withheld on specified period sufficient the income of to address identified employees problems 0 Employer and . Impose a time limited employee moratorium on agency contributions for . Reduce any advances for federal social security the following year to 30 or any pension, days and exam ine retirement, or benefit surpluses for plan for an employee redistribution. · Failure for one pay period to pay, due to lack of funds 0 Wages and salaries owed to em ployees 0 Retirement benefits owed to form er employees · An unreserved or total fund balance or retained earnings deficit for which sufficient resources are not available to cover the deficit for 2 successive years An intentional or negligent act . Intentional or Repeated . Impose a time limited of the agency has materially violations of the moratorium on agency affected the health, welfare, requirement to serve APS . Temporary assumption of or safety of clients, or clients within 72 hours operations and functions substantially and neg atively . Any other verifiable report related to th e problem affected the operation of an of such actions area within the agency aging serv ices program INTERMEDIATE MEASURES 35 .. 07/2007 Agreement PA-829 Committed multiple or . Achievement levels from . Unannounced special repeated violations of legal monitoring reviews monitoring and regulatory requirements . Any other verifiable report . Reduction in advances for or Department standards of such actions following year and review of surpluses for redistribution . Appropriate Corrective action 36 '" 07/2007 Agreement PA-829 INDICATORS MEASUREMENT INTERMEDIATE Section 430.04 (2), F.S. MEASURES Section 430.04 (2), F .S. Failed to adhere to terms of . Achievement levels from . Placement on probationary its contract with the monitori ng reviews status for a specified Department as passed . Adherence to Service period to address identified through the Alliance Application problems . Any other verifiable report . Financial penalties of such action . Re-allotment of surplus funds to other planning and service areas . Appropriate Corrective action Failed to implement and . Achievement levels from . Appropriate Corrective maintain Departm ent monitoring reviews action approved client grievance . Any other verifiable report resolution procedure of such action Failed to continue the . Achievement levels from . Temporary assumption of provision or expansion of monitori ng reviews agency operations and services after the declaration . Any other verifiable report functions to implement of a state of emergency of such action emergency service plan INTERMEDIATE MEASURES ATTACHMENT VI (cant.) 37 ~ 07/2007 Agreement P A-829 Attachment VII Health Insurance Portability and Accountability Act (HIPAA) of 1996 The Alliance and the recipient will comply with all requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Alliance and the recipient recognize that each is a "Business Associate" of the other under the terms of HIPAA. As such and in so far as these apply, each agrees to the following: (a) That neither party will use or disclose protected health information for any purpose other than as authorized by law, by this contract, or by separate agreement between the parties. (b) That each party will not use or disclose protected health information in a manner which would be a prohibited use or disclosure if made by the other. (c) That each party will maintain safeguards as necessary to ensure that the protected health information is not used or disclosed except as provided by law, by this contract, or by separate agreement between the parti es. (d) That each party will report to the other any use or disclosure of the protected health information of which it becomes aware that is not provided for by law, by this contract, or by separate agreement between the parti es. (e) That each party will ensure that any of its subcontractors or agents to whom it provides protected health information received from the other agrees to the same restrictions and conditions that apply to each other with respect to such information. (f) That each party will follow an agreed upon process established to provide access to protected health information to the subject of that information when the other has made any material alteration to the information. This process will include how each party would determine in advance how the other would know or could readily ascertain when a particular individual's protected health information has been materially altered by the other and how it could provide access to such information. This process will establish how each party would provide access to protected health information to the subject of the information in circumstances where the information is being held by the other. (g) That each party will provide health information to the subject of the information in accordance with the subject's right to access, inspect, copy, and amend their health information. (h) That each party will make available to the other its internal practices, books and records relating to the use, disclosure, and tracking of disclosure of protected health information received from the other or its agents for the purposes of enforcing compliance with HIP AA. (i) That each party will assist the other in meeting its obligation to provide, at an individual's request, an accounting of all uses and disclosures of personal health information which are not related to treatment, payment, or operations within 60 days of the request of an accounting. U) That each party will incorporate any amendments or corrections to protected health information when notified by the other that the information is inaccurate or incomplete. 38 "" . 07/2007 Agreement PA-829 (k) That at the termination of this contract, unless a new contract is agreed upon, each party will return or destroy all protected health information received from the other that it still maintains in any form. (I) That either party may terminate this contract if it learns that the other has repeatedly violated a term of this contract provision. (m) That each party will disclose only the minImum amount of information necessary to accomplish the permitted use of the protected health information. This minimum use requirement does not apply to information provided for treatment or to disclosures required by law. (n) That each party will limit the use and disclosure of protected health information to the minimum number of employees necessary by class of employee and type of information to accomplish the permitted use of the inform ation. (0) That each party will meet at least the minimum security requirements for the protection of protected health information as required by HIP AA. (p) That each party is bound by the terms of the "Notice of Practices" of the other with regard to protected health information it receives from the other. 39 , ..,dI 01/2007 Agreement PE-729 ALLIANCE FOR AGING INC. MASTER AGREEMENT THIS MASTER AGREEMENT is entered into between the Alliance for Aging Inc., hereinafter referred to as the "Alliance," and the Monroe County Board of Commissioners, hereinafter referred to as the "recipient." All agreements executed between the recipient and the Alliance shall be subject to the conditions set forth in this agreement for the duration of the agreement period(s). Any and all agreements executed between the recipient and the Alliance during the effective period of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. This Master Agreement is subject to change in order to incorporate pass-through language required by the Depar tment of Elder Affairs. The parties agree: I. Recipient Agrees: A. 1. To provide services according to the conditions specified in any agreement(s) with the Alliance during the period this agreement is in effect. 2. This agreement covers all services provided by the recipient under contract with the Alliance. 3. To provide services in compliance with the provisions of the Department Home and Community-Based Services Handbook. B. State and Federal Laws and Regulations: The recipient shall: 1. Comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including: sections 215.97 and 216.348, F.S., Title 45, Code of Federal Regulations (CFR), Part 74, and/or 45 CFR, Part 92, and/or 48 CFR Part 31, and Office of Management and Budget (OMB) Circulars A-21, A-87, A-102, A-110, A-122, and A-133, whichever is applicable to the reci pient's organization. 2. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42 United States Code (U.S.C.) 7401 et seq.], the U.S. Department of Labor. Occupational Safety and Health Administration (OSHA) code. Title 29 CFR. Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). The recipient shall report any violations of the above to the Alliance. 3. Prior to execution of this agreement, complete the Certification Regarding Lobbying form, ATTACHMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts form, ATTACHMENT II. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the Alliances contract manager, and all disclosure forms ClS required uy the CertifiCation Regarding Lobbying form must be completed and returned to the Alliance with the signed agreement. 4. 01/2007 Agreement PE-729 4. Comply with section 112.061, F. S., and any policies of the Department of Elder Affairs regarding any and all business travel pursuant to agreements covered by this agreement (including use of the State Comptroller approved Reimbursement of Travel Expenses form, or an equivalent form developed by the recipient), and comply with the provisions of Chapter 119, F.S., allowing public access to all documents, papers, letters, or other materials made or received by the recipient in conjunction with this agreement and any agreements incorporating this agreement by reference. 5. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the recipient who knows, or has reasonable cause to suspect, that a child. aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). 6. Transportation Disadvantaged: If clients are to be transported under any agreements incorporating this agreement, comply with the provisions of Chapter 427, F.S., and Rule 41- 2, Florida Administrative Code (F. A. C.). 7. Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48 CFR, Part 31.205, or Title 45 CFR, Part 93, whichever is applicable, that prohibit the expenditures of funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. 8. Safeguarding Information: Except as provided for auditing and monitoring purposes, not to use or disclose any information concerning a consumer who receives services under agreements incorporating this agreement by reference or subsequent agreements for any purpose not in conformity with state and federal regulations, except upon written consent of the consumer, or the consumer's authorized representative. 9. HIPAA Compliance: Comply with all requirements of the Health Insurance Portability Act (HIPAA) of 1996, as applicable. The Alliance and the recipient recognize that each may be a "Business Associate" of the other under the terms of HIPAA. As such and to the extent said terms may be applicable. each agrees to the terms as written in ATTACHMENT VII. 10. Grievance and Appeal Procedures: Follow the Minimum Guidelines for Recipient Grievance Procedures, ATTACHMENT V, for handling complaints from consumers who complain service has been suspended, terminated or reduced. Recipients and subrecipients will also establish their own complaint procedures for consumers who are dissatisfied with or denied services that include, at minimum. notice of the right to complain and to have their complaint reviewed. It is expressly understood that substantial evidence of the recipient's refusal to comply with any of the above provisions shall constitute a breach of this agreement. 2 01/2007 C. Civil Rights Certification: Agreement PE-729 1. The recipient gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The recipient shall comply with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local financial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at Title 41 CFR, Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin (c) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes or which may apply to agreements covered by this agreement. 2. The recipient agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For recipients employing less than 15 persons, the Alliance requests completion of the Civil Rights Compliance Questionnaire. 3. The recipient shall establish procedures to handle complaints of discrimination involving services or benefits through this agreement. These procedures shall include advising clients, employees, and participants of the right to file a complaint, their right to appeal a denial or exclusion from the services or benefits, and their right to a fair hearing as a result of their complaint of discrimination. Complaints of discrimination involving services or benefits through this agreement and may also be filed with the Secretary of the Department of Elder Affairs or the appropriate federal or state agency. 4. The recipient agrees that compliance with these assurances are a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the recipient, its successors, transferees, and assignees for the period during which such assistance is provided. The recipient further assures that all subrecipients, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the recipient understands that the Alliance and/or Department of Elder Affairs may, at their discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief. including but not limited to, termination of and denial of further assistance. 3 o 1/2007 Agreement PE-729 D. Payment Requirements For all agreements covered by this agreement, the recipient agrees: 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof. The recipient shall comply with only the particular requirements under the following laws and guidelines that are applicable to the agreements covered under this agreement: (a) paragraph (16) (b) of section 216.181, F. S.. regarding advances; (b) paragraph 691-40.103 F.A.C. pertaining to Restriction of Expenditures from state funds; and, (c) the Contract Payment Requirements sub-section of section C of the Reference Guide for State Expenditures from the Department of Financial Services http://www.dbf.state.fl.us/aadir/reference_guide/). The recipient certifies that detailed documentation is available to support each item on the itemized invoice or payment request for cost reimbursed expenses, including paid subcontractor invoices, and will be produced upon request by the Alliance. The recipient further certifies that reimbursement requested is only for allowable expenses as defined in the laws and guiding circulars cited in Section I, paragraph S. 1 of this agreement, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the recipient's approved service application. 2. Recipients and sub-recipients shall provide units of deliverables, including reports, findings, and drafts as specified in the agreements and agreement attachments covered by this agreement, and the service provider applications developed by the recipient (pursuant to section 306(a) of the Older Americans Act), to be received and accepted by the contract manager prior to payment. E. Withho/dings and Other Benefits: The recipient is responsible for Social Security and Income Tax withholdings. F. Indemnification: If the recipient is a state or local governmental entity, pursuant to section 768.28( 18) F.S., the provisions of this section do not apply. 1. Recipient and all subrecipients agree to indemnify, defend, and hold harmless the Department of Elder Affairs and the Alliance and their officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the recipient, its agents, employees, or subrecipients during the performance of all agreements incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the Department, the Alliance or said parties may be subject, except neither recipient nor any of its subrecipients will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department, the Alliance or any of its officers. agents, or em ployees. 2. Recipient's obligation to indemnify, defend, and pay for the defense or, at the Department's 3nd / or the Alliance's option. to participate dnd associate with the Department and, or the Alliance in the defense and trial of any claim and any related settlement negotiations. shaH be triggered by the Department's and I or Alliance's notice of claim for Indemnification to recipient. Recipient's inability to evaluate liability or its evaluation of liability shall not excuse -+ 'J 01/2007 Agreement PE-729 recipient's duty to defend and indemnify the Department and or the Alliance, upon notice by the Department and / or the Alliance. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Department and / or the Alliance solely negligent shall excuse performance of this provision by recipients. Recipient shall pay all costs and fees related to this obligation and its enforcement by the Department and / or the Alliance. The Department's and / or the Alliance failure to notify the recipient or subrecipient of a claim shall not release recipient of the a bove duty to defend. 3. It is the intent and understanding of the parties that the recipient, nor any of its subrecipients, are employees either of the Department or the Alliance and shall not hold themselves out as employees or agents of either agency without specific authorization from them. It is the further intent and understanding of the parties that neither the Department nor the Alliance control the employment practices of the recipient and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the recipient, or its subrecipient. G. Insurance and Bonding: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all agreements incorporating this agreement by reference. The recipient accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the recipient and the clients to be served under contracts incorporating this agreement by reference. Upon execution of each contract covered under this agreement, the recipient shall furnish the Alliance written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department of Elder Affairs and the Alliance reserve the right to require additi onal insurance where appropriate. 2. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the recipient authorized to handle funds received or disbursed under all agreements incorporating this agreement by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business pr actices. 3. If the recipient is a state agency or subdivision as defined by section 768.28, F.S., the recipient shall furnish, upon request, written verification of liability protection in accordance with section 768.28, F.S. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, F.S. (See also Indemnification clause.) H. Purchasing: 1. Procurement of Products or Materials with Recycled Content Any products or materials which are subject of, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045. Florida Statutes. 5 <J 01/2007 I. Sponsorship: Agreement PE-729 1. Any nongovernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by, the State of Florida, Department of Elder Affairs and Alliance for Aging Inc." If the sponsorship reference is in written material, the words "State of Florida, Department of Elder Affairs and the Alliance for Aging" shall appear in the same size letters or type as the name of the organization (ref.: section 286.25. F. S.). This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. If the recipient is a governmental entity or political subdivision of the state, the Department and the Alliance request compliance with the conditions specified above. 3. The recipient shall not use the words "State of Florida, Department of Elder Affairs and the Alliance for Aging, Inc" to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the Alliance prior to use. J. Public Entity Crime - Applicable only to state agencies or political subdivisions of the state: Denial or revocation of the right to transact business with public entities. In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes to transact business with the Department of Elder Affairs, or the Alliance. as the pass through agent for the Department, pursuant to section 287.133, F.S.: is a condition of receipt or benefit from state or federal funds and it is binding upon the recipient, its successors and transferees during the period of this agreement. The recipient further assures that the recipient, its officers, directors, senior management, partners, employees or agents have not been convicted of any public entity crimes within the last 36 months. If the recipient or any of its officers or directors is convicted of a public entity crime during the period of this agreement, the recipient shall notify the Departm ent of Elder Affairs and the Alliance immediately. Non- compliance with this statute shall constitute a breach of this agr eement. K. Employment: If the recipient is a non-governmental organization, it is expressly understood and agreed the recipient will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to the Immigration Nationality Act (lNA), Sec. 274A [8 U.S.C. s.1324a1. Violation of the employment provisions as determined pursuant to section 274A shall be grounds for unilateral cancellation of any and all agreements Incorporating thiS agreement by reference. L. Audits and Records: The recipient agrees: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accountinq procedures and practices that sufficiently and properly refiect all revenues and expenditures of funds provided by the Alliance under all contracts covered by this agreement. Recipient agrees to maintain records. including paid invoices, payroll registers, travel vouchers, time sheets, etc., as supporting 6 . 1 01/2007 Agreement PE-729 documentation for service cost reports and for administrative expenses itemized for reimbursement. This documentation will be made available upon request for monitoring and auditing purposes. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the Alliance, the Department of Elder Affairs or by federal personnel, if applicable. 3. To maintain and file with the Alliance such progress, fiscal and inventory and other reports as the Alliance may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the agreements incorporating this agreement by reference. 4. To submit management, program, and client identifiable data, as specified by the Department of Elder Affairs and/or the Alliance. To record and submit program specific data in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide a financial and compliance audit to the Alliance as specified in ATTACHMENT '" and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements, including ATTACHMENT III, in all sub-agreements and assignments. 7. The recipient agrees to provide client information and statistical data for research and evaluative purposes when requested by the Department of Elder Affairs and/or the Alliance. 8. To provide to the Alliance all fiscal information regarding services contracted pursuant to this agreement using the application required by the Department of Elder Affairs. M. Retention of Records: 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement covered under this agreement for a period of at least five (5) years after termination of the agreement(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings. These records may be subject to additional retention requirements set by law. 2. Persons duly authorized by the Department of Elder Affairs, the Alliance or federal auditors, pursuant to Title 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. N. Monitoring and Incident Reporting: 1. The recipient will provide progress reports, including data reporting requirements .3S specified by the Department of Elder Affairs to he "sed for monitoring progress :Jr performance of the contractual services as specified in the area plan submitted by the Alliance to the Department as well as in the service application submitted by the recipient to the Alliance. Following the norms set down by the Department of Elder Affairs. the Alliance ..., I 01/2007 Agreement PE-729 will establish performance standards for recipients with weights assigned to each standard. Standards will be tracked monthly by Alliance staff through desk reviews of available fiscal, CIRTS, and research production reports and any other system or process designated by the Department. Examples of review criteria are surplus/deficit, independent audits, internal controls, reimbursement requests, subrecipient monitoring, targeting, program eligibility, outcome measures, service provision to clients designated as "high risk" by the Department of Children & Families, Adult Protective Services program, data integrity, co-payments, client satisfaction, correspondence, and client file reviews. 2. The Alliance will perform administrative and programmatic monitoring of the recipient to ensure contractual compliance, fiscal accountability, programmatic performance. and compliance with applicable state an d federal laws and regulations. 3. To permit persons duly authorized by the Department of Elder Affairs or the Alliance to inspect any records, papers, documents, facilities, goods and services of the recipient which are relevant to agreements incorporating this agreement by reference, or to the mission and statutory authority of the Department of Elder Affairs or the Alliance, and to interview any clients and employees of the recipient to be assured of satisfactory performance of the terms and conditions of these agreement(s). Following such inspection the Department of Elder Affairs or the Alliance will deliver to the recipient a list of its concerns with regard to the manner in which said goods or services are being provided. The recipient will rectify all noted deficiencies provided by the Department of Elder Affairs or the Alliance within the time set forth, or provide either the Department of Elder Affairs or the Alliance with a reasonable and acceptable justification for the recipient's failure to correct the noted shortcomings. The Department of Elder Affairs or the Alliance shall determine whether such failure is reasonable and acceptable. The recipient's failure to correct or justify deficiencies within a reasonable time as specified by the Department of Elder Affairs or the Alliance may result in either agency taking any of the actions identified in Section III., C., Enforcement, or deeming the recipient's failure to be a breach of this agreement. 4. Extraordinary Reporting: The recipient shall notify the contract manager for the Alliance immediately, but no later than within 24 hours, from the recipient's awareness or discovery of conditions that may materially affect the recipient's ability to perform, such as problems, delays, or adverse conditions which may impair the recipient's ability to meet the objectives of the agreements covered by this agreement. The notice shall include a brief summary of the problem(s), a statement of the action taken or contemplated, time frames for implementation, and any assistance needed to resolve the situation. Examples of reportable conditions may include: · proposed consumer terminations · recipient financial conce rns/difficulties · non-payment or untimely payment reported by vendors · service documentation problems · agreement non-compliance · service quality problems and consumer complaint trends · HIPAA violations The Alli;:mce shall investig8te 811egations regarding falsification of c:!ient information. ~er/ice records. payment requests, and other reI ated information. Substantiated allegations sha II be reported to the Department of Elder Affairs' contract manager. 8 ':, ,} 01/2007 Agreement PE-729 In the event that a situation results in the cessation of services by a sub-recipient or vendor, the recipient retains the responsibility for performance under agreements covered by this agreement and must follow their own procedures to ensure that clients continue receiving services without interruption, e. g. exercising their emergency procurement procedures, temporary assumption of the direct provision of services, etc. O. Assig nments and Subcontracts: 1. Alliance's approval of the service application presented by the recipient shall constitute Alliance's approval of the recipient sub agreements if the sub agreements follow the service and funding information identified in the service application. No such approval by the Alliance of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Alliance in addition to the dollar amount agreed upon in contracts covered by this agreement and the contracts incorporating it by reference and to any conditions of approval the Alliance shall deem necessary. 2. For every transaction, the recipient must determine if the subcontractor is a vendor rather than a subrecipient, as defined in OMB Circular A-133, subpart B, section .210, and in section 215.97, F.S., and this determination must be documented in writing. When a vendor relationship is identified, an agreement with all of the terms and conditions set forth in this agreement is not required. However, a written agreement outlining the term of the agreement, the goods being purchased or services to be performed, and conditions for procurement, receipt and payment for goods and services. Compliance for vendors is usually limited to these tasks unless the recipient chooses to pass down program compliance to the vendor in the written agreement. The recipient is ultimately responsible for assuring program compliance and performance, and any applicable conditions of this agreement and the a greements covered by it. P. Return of Funds: 1. To return to the Alliance any overpayments due to unearned funds or funds disallowed pursuant to the terms of all agreements for which funds were disbursed to the recipient by the Alliance. a. The recipient shall return any overpayment to the Alliance within forty (40) calendar days after either discovery by the recipient, or notification by the Alliance, of the overpayment. b. In the event the recipient or its independent auditor discovers an overpayment has been made, the recipient shall repay said overpayment within forty (40) calendar days WIthout prior notification from the Alliance. In the event the Alliance first discovers an overpayment has been made, the Alliance will notify the recipient by letter of such a finding. c. Overpayments due to unallowable or un-allocable expenses due to billing discrepancies must be returned to the Alliance under the same terms and conditions as this section. Information indicating recipient has been overpaid as a result of over-budgeting on the 'mit r.nst mAthnr!nln0Y r,;=m hA IISArI hy thA A lIiAno~ to np00tiAte Inwer rAtes in subsequent years. Continuous overpayment to recipients due to over budgeting may result in a demand for repayment to the Alliance under the same terms and conditions of this section. Repayment received by the Alliance shall be reported to the Department 9 01/2007 Agreement PE-729 of Elder Affairs and may be either re-allocated to other recipient(s) or returned to the Department, at the Department's discretion. Q. Data Integrity Federal Grants Management require financial management systems for recipients of state and federal funds to be capable of providing certain information, assuring accuracy and accountability, in accord with prescribed reporting requirements. These reporting .requirements may require certain calculations or the provision of specified data to fully disclose the financial results of each federally funded or state-sponsored program. Accordingly, the recipient must, prior to execution of this agreement, complete the Data Integrity Certification form. ATTACHMENT IV. R. Conflict of Interest: The recipient will maintain a written code of conduct governing the performance of its employees, board members, management and sub-recipients, engaged in the award and administration of contracts. No employee, officer or agent of the recipient or sub-recipient shall participate in selection, or in the award or administration of a contract supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The recipient or sub- recipient's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub- agreements. The recipient's board members and management must disclose to the Alliance any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this agreement. The recipient's employees and sub-recipients must make the same disclosures described above to the recipient's board of directors. Compliance with this provision will be monitored. S. Successors and Transferees: Recipient must receive approval from the Alliance's contract manager prior to transferring or assigning this agreement, or any agreements referencing this agreement, to another party or a different organizational entity. Further, this agreement or any agreements referencing this agreement are binding in their entirety on the recipient and its successors, assignees and transferees. II. The Alliance Agrees: A. Payment: Payments to vendors contracted by the Alliance shall be made in accord with the terms as negotiated with the vendor(s). 10 , . 01 /2007 B. Vendor Ombudsman: Agreement PE-729 Requests for Payment returned to a vendor or a recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice and/or request for payment is provided to the department. Recipients, subrecipients and vendors experiencing problems obtaining timely payment(s) from the Alliance may contact the Department's contract manager at (850) 414-2000. III. Agreement Term and Renewal The recipient and the Alliance mutually agree: A. Effective Date 1. This agreement shall begin on January 1. 2007 or on the date on which the agreement has been signed by both parties, whichever is earlier, and shall end on December 31,2007. 2. All agreements executed between the Alliance and the recipient during the effective period of this agreement shall reference this agreement by number, incorporating it therein, and shall be governed by the conditions of this agreement and its successor(s) for the duration of the contract period( s). B. Enforcement: 1. The Alliance may take corrective action, including but not limited to termination, unannounced special monitoring, temporary assumption of the operation of one or more programs, placement of the recipient on probationary status, imposing a moratorium on recipient action, or other administrative action if it finds that: · an intentional or negligent act of the recipient has materially affected the health, welfare, or safety of consumers served pursuant to this agreement, or substantially and negatively affected the operation of services covered under this agreement. · the recipient lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. · the recipient has committed multiple or repeated violations of legal and regulatory standards · the recipient has failed to continue the provision or expansion of services after the declaration of a state of emergency. · the recipient has failed to adhere to the terms of this agreement or the terms of any agreement(s) covered by this agreement and incorporating it by reference. 2. In making any determination under this provision the Alliance may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of this agreement is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Mi ami Dade County. Before the Alliance formally rescinds the designation of the recipient or initiates any intermediate measure, or either party 11 . , 01/2007 Agreement PE-729 commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representative at a place and location designated by the Alliance. C. Termination: 1. Termination for Convenience This agreement and any other agreements incorporating it by reference may be terminated by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the recipient terminates an agreement at will, the recipient agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for consumers pursuant to this agreement or any sub-agreement will not be interrupted or suspended by the termination. In the event that an agreement between the recipient and a sub-recipient is terminated, the recipient shall require the sub-recipient to submit to the recipient and the Alliance, a similar plan ensuring services to consumers will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any agreement(s) under this agreement become unavailable, the Alliance may terminate the affected agreement or agreements upon no less than twenty-four (24) hours notice in writing to the recipient. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Alliance shall be the final authori ty as to the avail ability of funds. 3. Termination for Breach Unless the breach is waived in writing by the Alliance, or jf the recipient fails to cure the breach within the time specified, the Alliance may, by written notice to the recipient. terminate any and all of the agreement(s) incorporating this agreement by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provisions of anyone contract covered by this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of other agreements covered under this agreement. The provisions herein do not limit the Alliance's right to remedies at law or to damages of a legal or equitable nature. D. Notice and Contact: 1. The name, address and telephone number of the Alliance's contact for this agreement are: Pedro Jove President/CE 0 9500 South Dadeland Boulevar d, Suite 400 Miami, FL 33156 Phone: (305) 670-6500, SC 455-6500 12 .' / 01/2007 Agreement PE-729 2. The name, address and telephone number of the recipient's contact for this agreement are: Monroe County Board of Commissioners Gato Building 1100 Simonton Street Key West, FL 33040 Phone: (305) 292-4573 - Fax (305) 292-4517 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained are: Debbie Barsell Director of Community and Social Services Gato Building 1100 Simonton Street Key West, FL 33040 Phone: (305) 292-4573 - Fax (305) 292-4517 E. Renegotiation or Modification: 1. Modifications of provisions of this agreement and of any and all agreement(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this agreement and any affected agreements if revisions of any applicabl e laws or regulations make changes in this agreement necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreement(s) incorporating this Master Agreement by reference only when these have been established through the appropriations process, or identified in the federal program. IV. The Recipient Agrees to the following special provisions: A. Property & Equipment 1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the capitalization level established by the organization for the financial statement purposes, or $5000 [for federal funds], or (b) nonexpendable, tangible personal property of a non-consumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more [for state funds]. 2. Recipients and sub-recipients who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with OMB Circular A-110 that include: (a) a property list with all the elements identified in the circular; and, (b) A procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the Alliance upon request 3. Equipment purchased with federal funds with an acquisition cost over $5.000 and equipment purchased with state funds with an acqUisition cost over $1,000 that IS 13 "' , 01/2007 Agreement PE-729 specifically identified in the recipient's service application approved by the Alliance is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the recipient, subject to the conditions of OMB Circular A-110, Subpart C, paragraph .34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this agreement, or identified in agreements with recipients (not included in a cost methodology), is subject to the conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR part 74. 4. Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this agreement without the prior approval of the Alliance. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., and Sec. 3030b United States Code (USC). Real property purchases from state funds can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of section 216.348, F. S. 5. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confide ntial information remains. 6. A budget amendment is required to be submitted and approved by the Alliance's contract manager prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. 7. Information Technology Resources The recipient must adhere to the Department of Elder Affairs' procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the Alliance for Aging's LAN administrator's file. The Alliance has the responsibility to require any recipient to comply with the Department of Elder Affairs ITR procedures. B. Copyright Clause The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under any agreement(s) incorporating this agreement by reference. The Department of Elder Affairs reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the worK for state and federal purposes, and to authorize others to do so. Other rights of the Department and recipient are described in Title 45 CFR, sec. 74.36, and section 286.021. F.S. C. Investigation of Criminal Allegations Any repurt that irnJ.>lies criminal intent on the part of this recipient or any subrecipient and referred to a governmental or investigatory agency must be sent to the Department of Elder Affairs via the Alliance. If the Alliance has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney s Office. or other 1..+ 01/2007 Agreement PE-729 governmental agency, the Alliance shall notify the Inspector General at the Department of Elder Affairs immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the Alliance or the recipient, must be sent to the Department of Elder Affair's Inspector General with a summary of the Investigation and allegations. D. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehens ive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider agency to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its s ubrecipient. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider agency to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderl y in the potential or actual disaster area. E. Volunteers The recipient will promote the use of volunteers as prescribed in section 306(a) (12), Older Americans Act and section 430.07, F.S. F. Business Hours Recipients who are lead agencies, as defined in section 430.203(9), F.S. or who provide elder helpline services pursuant to this agreement must also maintain minimum business hours from 8:00 AM until 5:00 PM, Monday through Friday, excluding national and state holidays. G. Management Information Systems For all program agreements incorporating this agreement by reference for which the collection of client data in electronic format (C/RTS, for example) is required: 1. The Alliance shall employ a Local Area Network (LAN) Administrator who shall assure the Alliance's compliance with the requirements of the "LAN Administrator Guidelines" adopted by the Department. These "Guidelines" delineate the roles and responsibilities of the Local Area Network Administrator. The Alliance shall assure any other support necessary for full "LAN Administrator Guidelines" compliance, including reporting to the department the operational status of their LAN and Wide Area Network (WAN) in accord with the frequency .ojnd form8t directed in these "Guidelines". 2. The Alliance will ensure the collection and maintenance of consumer and service information on a monthly basis from the Client Information Registration and Tracking 15 01/2007 Agreement PE-729 System (CIRTS) or any such system designated by the department. Maintenance includes valid exports and backups of all data and systems according to department standards. 3. The recipient must enter all required data per the Department's CIRTS Policy Guidelines for consumers and services in the CIRTS database. The data must be entered into the CIRT S before the recipient submits their request for payment and expenditure reports to the Alliance. The Alliance shall establish time frames to assure compliance with due dates for the requests for payment and expenditu re reports to the Department. 4. The recipient will run monthly CIRTS reports and verify consumer and service data in the CIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the recipient's request for payment and expenditure reports can be approved by the Alliance. 5. Failure to ensure the collection and maintenance of the CIRTS data may result in the Alliance enacting the "Enforcement" clause of this agreement (see Section 1/1, C.), including delaying or withholding paym ent until the problem is corrected. 6. Computer System Backup and Recovery Each recipient, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of recipient functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The recipient shall maintain written policies and procedures for computer backup and recovery. These policies and procedures shall be made available to the Alliance upon request. H. Consumer Outcomes 1. The Alliance will develop consumer outcome measures consistent with those developed by the Department of Elder Affairs. 2. As required by the legislature for performance-based program budgeting, the Department of Elder Affairs will set targets for the performance of outcome measures. The Alliance is responsible for achieving these targets and will incorporate them into sub agreements as necessary. I. Surplus/Deficit Report: The Alliance will submit a consolidated surplus/deficit report in a format provided by the Department to the Department's contract manager by the 25th of each month. This report is for all agreements between the Alliance and the Department. The report will include the following: 1. A list of all subcontractors and their current status regarding surplus or deficit: 16 01/2007 2. Agreement PE-729 The Alliance's detailed plan on how the surplus or deficit spending exceeding the threshold specified by the Department will be resolved; 3. Recommendations to transfer funds to resolve surplus/deficit spending, and; 4. Input from the recipient's Board of Directors on resolution of spending issues, if applicable 17 01/2007 Agreement PE-729 IN WITNESS THEREOF, the parties hereto have caused this 39-page agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: ALLIANCE FOR AGING, INC., BOARD PRESIDENT OR AUTHORI,ZED DESIGNEE", //. ~/ if \t SI ~ I ~ BY: ~. < t , J/ //(( A.--c_ -~ NAME: Mario DiGennaro '/;j I. SIGNED./" /; lJ;J +- BY: /Xr~u/ ~e.-~) / !2.1/{"'~ ;/ NAME: PEDKu JOVE /-NzLt~c f?:>yrc ,'U =J:~-{'~t /1 TITLE: PRESIDENT/CEO TITLE: Mayor / Chairman DATE: December 20, 2006 DATE: / :l- / ).. (;, ,,<, (,. FEDERAL ID NUMBER: 59-6000749 RECIPIENT'S FISCAL YEAR ENDING DA TE: 06/30 (Revised February 2004) 18 01/2007 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENT Agreement PE-729 ATTACHMENT I The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding 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. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certiflc.fltion shall be subject to a civil penalty of not less than $10,000 and not more than $100.000 fo:z;e; ~s'uch fai./u. reo /.; ~. / 7-----.. . '.;' / <J;. ;, / {I f:, Signature Date! / DelorS"'Simpson Name of Authorized Individual Application or Contract Number: PE-729 Name and Address of Organization: Monroe County Board of Commissioners GATO Building 1100 Simonton Street Key West, FL 33040 DOEA Form 103 (Revised Nov 2002) 19 e, 01/2007 Agreement PE-729 ATTACHMENT II INSTRUCTIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS 1. Each recipient of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Department of Elder Affairs nor its contract recipients can contract with subrecipients if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this agreement is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The recipient shall provide immediate written notice to the contract manager at the Alliance any time the recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circ umstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations). Part 76. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The recipient further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The recipient further agrees by submitting this certification that it will require each subrecipient of agreements referencing this agreement whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each sub agreement. 7. The Department of Elder Affairs may rely upon a certification by a recipient/subrecipient entity that it is not debarred, suspended, ineligible. or voluntarily excluded from contracting/subcontracting unless the Department knows that the certification is erroneous. 8. The Alliance may rely upon a certification by a subrecipient entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the Alliance Knows that the certification is erroneous. 9. The signed certifications of all subrecipients shall be kept on file with the Alliance. DOEA FORM 112A (Revised February 2004) 20 '1 ') 01/2007 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS Agreement PE-729 This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension. signed February 18, 1986. The guidelines were published in the May 29. 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs (or the Alliance for Aging acting as its agent) by any federal department or agency. (2) Where the prospective recipient is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. /.... // ~/~:;,--- -.-;,;..:;;;;;'" . Signature: t2:::.1/(:'L ----- ~/ ,~..- Date: /~// ~ftj6 c:;/// . Name and Title of Authorized Individual (Print or type): Deloris Simpson Senior Administrator .I. Name of Organization: Monroe County Board of Commissioners DOEA FORM 1128 (Revised Apri/2001) 21 't 01/2007 Agreement PE-729 ATTACHMENT III Audit Attachment The administration of funds awarded by the Department of Elder Affairs to the Alliance and to any sub recipient, through agreements with the Alliance, may be subject to audits and/or monitoring by the Department and other authorized state personnel or federal personnel as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMS Circular A-133 and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on- site visits by department staff, limited scope audits as defined by OM B Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews. investigations, or audits deemed necessary by the Comptroller, Auditor General or federal personnel. OTHER REQUIREMENTS If the recipient is a non-profit organization, the Oath of Not for Profit Status form (EXHISIT 2 of this attachment) must be completed and returned to the Alliance with the signed contract. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient or subrecipient is a State or local government or a non-profit organization as defined in OM B Circular A-133, as revised. 1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Federal funds awarded through the Alliance by this agreement, if any, are indicated in section II. A. of the contract(s) covered by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from or passed through the Alliance. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OM B Circular A-133. as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OM S Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A- 133, as revised. 3. If the recipient 8xrAnrls lASS than $300.000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the proviSions of OMS Circular A-133, as revised, is not required. In the event that the recipient expends !ess than $300,000 ($500,000 for fiscal years ending after December 31. 2003) in Federal awards in its fiscal 22 t. 01/2007 Agreement PE-729 year and elects to have an audit conducted in accordance with the provisions of OMS Circular A- 133. as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Information regarding audit requirements contained in OMS Circular A-133 and section 215.97, F.S., can be obtained from the following web-sites: http://www. whitehouse. qov/omb/ci rcu lars/ and: http://www.leq.state.fl.us/ PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by section 215.97, F.S. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the Alliance by this agreement are indicated in section II. A. of the contract(s) of which this agreement is an attachment. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Elder Affairs through the Alliance for Aging, other state agencies, and other non-state entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 2, the recipient shall ensure that the audit complies with the requirements of section 215.97, F.S. This includes submission of a reporting package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report talternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from the recipients resources obtained from other than State entities). 23 01/2007 PART III: REPORT SUBMISSION Agreement PE-729 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: A. The Alliance for Aging, Inc., at the following address: Attn: Carlos L. Martinez, CPA Chief Financial Officer 9500 South Dadeland Boulevar d, Suite 400 Miami, FL 33156 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by sections .320 (d) (1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with sections .320 (e) and (f), OMB Circular A-133, as revised. 2. The recipient shall submit a copy of the reporting package described in section .320 (c), OMS Circular A-133, as revised, and any management letters issued by the auditor, to the Alliance at the following address within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: Alliance for Aging, Inc. Attn: Carlos L. Martinez, CPA Chief Financial Officer 9500 South Dadeland Boulevar d, Suite 400 Miami, FL 33156 3. Copies of audits and reporting packages required by PART" of this attachment shall be submitted by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: A. The Alliance for Aging, Inc. at the following address: Attn: Carlos L. Martinez, CPA Chief Financial Officer 9500 South Dadeland Boulevard, Suite 400 Miami, FL 33156 24 \. ~) 01/2007 Agreement PE-729 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Any reports, management letters, or other information required to be submitted to the Alliance pursuant to this attachment shall be submitted timely in accordance with OMS Circular A-133, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable and should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the package. 5. Recipients, when submitting the financial reporting packages to the Alliance, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum period of five (5) years from the date the audit report is issued or longer if requested by the Alliance in writing, and shall allow the Alliance, the Department of Elder Affairs or its authorized designee and the Comptroller or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Alliance, the Department of Elder Affairs or its designee, and the Comptroller or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or may need to be longer if requested in writing by any of these age ncies. Alliance. PART V: SPECIFIC REQUIREMENTS OF DEPARTMENT ADMINISTERED PROGRAMS 1. The Department of Elder Affairs requires a supplemental schedule of functional expenses be prepared in a format provided by the department, which presents costs by service (as defined by the department), including units of service delivered, for recipients or subrecipients expending state or federal awards for services performed by their employees, contractors, and other payees who receive payment from department-administered funds for units of service recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. Government entities are excluded from this requirement. 2. If an audit is not required or performed, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (congruent with the Reference Guide for State Expenditures and OMB Circular A- 122 or A-87, whichever is applicable). EXHIBIT 1 to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for contracts to attest to compliance with these provisions. 3. Interest earned on federal funds or general revenue funds must be returned to the Alliance. A chart is included in all contracts identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the amount offunds granted. 25 01/2007 Agreement PE-729 4. Specific requirements for match, co-payments, and program income applicable to programs administered by the Department are outlined in the following applicability chart. 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C Q) E Q) Q) 01 <( . ~ .~ -ci E ~_Co ..... .- CtI'::: C .c 0. Q)uxE 0..- Q) X-f: CtI Q) ~ 0 .... _0) Q) .5 "0 e ..c"Q)0. - .2 ~ Q) (/).... .c ::J Q) - Eo.~c-o - .- Q) U_Ctl- Q)CtI(/)ii)~ E-EE::JQ) 80 (/)~ eu"oo....O) .- Q) C E .c CtI _.~ -"O~:t:: ~g>Q)0.c 0)._ C ~ U o .... .... ......- ....::JCtlE.c 0." Q)._ ~ . .... J2 .c U - CtI E ~Ctlll)(/) 1h~,.....:t:: ex> <( "0 C) - Q)e ~~~2 T""" Q)(/) .;, . '5 :!; ex>'Q)cE (/)->-"0 .- .!9 CtI CtI ..!2(/)E_ ::J 0 (/) 0 E<;:::Q)_ .... ll) .... (/) J2 ::J 0 -::: U ~~I~ ;;C~~_ .... 0 (/) 0 c: S T""" ->- _ cu .c _u~a. .B-o~~cu ro Q) <(C1l Q) ~ ELL. o..cu . .... J2 "0 Q) (/) ::J Q) en ..cE _co 00, 2 e roo. Urn ~(j) c"O 2~ .... ~~ 00 . (/) C I'- CtI E o - .~ ~ o<((j)(j) C) N<(32Etle ;:: 2.0 <( <( Cl.. o "0 Q) (/) ::J Q) ..c - o C C CtI.c u U ~ro .Q E -.... Eo 'C C) e'2 o CtI U.c C:'(/) .!ii) 3 8 - .... ~J2 . "0 Q) r.;:: .- "0 t:c Q).- u-ll:: I - .5 ~~ CtI CtI Uo. >--6 .Q .: .c ....- Q) .... .cO - '(jj Q) .... Q)E .Q'O C >-Q) Ctlo. E x Q) .c .~ u- -.0 CtI ::J Eo. . I) 00 N ?ft. o T""" .~ - e Q) E ~ '::; CT Q) .... .c u - CtI E (/) - C Q) '0. '(3 Q) .... ~ :::J en . 01/2007 Agreement PE-729 APPLICABILITY CHART DEFINITIONS AAA. Area Agency on Aging Program Income. Program income means gross income earned by a recipient from activities which are supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost which helps match requirements of the grant. Program income includes contributions for meals or other supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the usage or rental of such property, and patent or copyright royalties for materials developed through the program. Revenue generated from a particular activity of the recipient/sub-recipient for which Department funds were used to cover at least half the cost is considered program income. Note: Money donated (cash donation) without earmark to the project by the donor should not be declared in an audit to be "program income" Cash Donations. Cash donations are money donated without earmark to the project by the donor. These donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted normally. Cash donations are not program income. Match. When general revenue funded contracts require match, it may be either by cash, certified public expenditure, or third-party in-kind. The non-federal share used to match OAA funds may be cash. certified public expenditu re, or third-party in-kind. Co-payments. Fees assessed and collected according to a sliding scale based on the consumer's income for CCE and ADI services. In-kind Resources. In-kind resources must be identified in project records, necessary to project's achievement, reasonable and in proportion to time used for project, claimed after use in the project and, not included as contributions for other programs unless specifically allowed. In-kind Contributions In-kind contributions represent a value placed on non-cash contributions provided to the recipient of a contract. In-kind contributions may consist of actual charges for real property and equipment. and the value of goods and services that directly benefit and are identified with project activities. This may include staff time contributed by state and local agencies not otherwise matched or supported by federal funds. 29 01/2007 MANAGEMENT ATTESTATION LETTER (To be completed at the end of recipient's fiscal year) Agreement PE-729 ATTACHMENT III EXHIBIT - 1 Contract or Agreement Number: I, (recipient's authorized representative) , hereby attest under penalty 0 f perjury that , based on the criteria (recipient agency name) set forth in the Audit Attachment, PARTS I and II, that: A. The above named recipient agency is not required to provide an audit report or reporting package because [check applicable statement( s)J: O the above-named entity has not expended $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance with OMB Circular A-133, as revised, and/or; O the above-named entity has not expended a total amount equal to or in excess of $300,000 in state awards in its fiscal year and therefore is not required to have a State single or program- specific audit in accordance with section 215.97, Florida Statutes. B. The recipient has complied with the allowable cost provisions [congruent with State and Federal law, generally accepted accounting principles, the Department of Financial Services' Reference Guide for State Expenditures, and Office of Management and Budget (OMB) Circular A-122, A-110, or A-87, whichever is applicableJ. By making this statement the recipient has considered not only funding or awards from the Alliance, but all sources of Federal and S tate funding or awards. Fiscal year ended (Month/day/year): (Signature) (Title) ( Date) 30 01/2007 Agreement PE-729 ATTACHMENT III Exhibit - 2 Oath of Not for Profit Status Contract or Agreement Number: PA 427 As an authorized representative for the Recipient identified herein, and in the above referenced document(s), I do hereby swear under oath that this entity is currently a "not for profit" (non- profit) organization as defined in section 501 (c)(3) of the Internal Revenue Code. If this non- profit status changes for any reason during the life of the above referenced contract or agreement, the Alliance for Aging will be notified in writing immediately. Name of Recipient entity: Monroe County Board of Commissioners / // / "</ /. /1~k/I~~" / ~- Signature of Authorized..Represernafive r" /- '--" Printed name and Title of Authorized Representative /!)} /~ t Dare of ,.e5ath Deloris Simpson, Senior Administrator (Revised February 2004) 31 01/2007 Agreement PE-729 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the recipient named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The recipient and any sub-recipients of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the recipient, sub-recipient(s), or any outside entity on which the recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant. recipient(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the recipient (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the recipient agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The recipient shall require that the language of this certification be included in all subcontracts, sub grants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was 91ade or entered into. Submission of this certification is a prerequisite for making or ent~Jng into this transaction imposed by OM B Circulars A-1 02 and A-11 O. ~/ / ..- /t~.,,/// Senior Administrator ///;; /'/ ,.~ Signat~~ / Title / ~te r . \..~-,--~-- Name of Authorized Signer: Deloris Simpson (Revised March 2004) 32 01/2007 Agreement PE-729 ATTACHMENT V MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families (DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION · The recipient must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) · Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. · The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual) ; 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or other qualified representative in the requested revi ew proceedings. · All records of the above activities must be preselVed in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW · Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's cwn case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable tim e before or during the review; 33 " .. 01/2007 Agreement PE-729 a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. · All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. · The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance review, stating: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Alliance for Aging by written request within 7 calendar* days, except in decisions involving the professional judgment of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE ALLIANCE FOR AGING - AREA AGENCY ON AGING · Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. · The designated AAA official(s) must provide written notification to the requester within 7 ca/endar* days after considering the grievance review appeal, stating: the decision, and the reasons ther efore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. · Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; 34 ... 01/2007 Agreement PE-729 and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's fi Ie. * In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday. in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 35 '\. 01/2007 Agreement PE-729 INDICA TORS MEASUREMENT INTERMEDIA TE Section 430.04 (2), F.S. MEASURES Section 430.04 (2), F.S. Lacks financial stability · Failure within the same . Temporary assumption of sufficient to meet contractual fiscal year in which due to operations and functions obligations or that contractual pay short-term loans related to th e problem funds have been · Failure to transfer at the area within the agency misappropriated appropriate time, due to . Placement on lack of funds probationary status for a 0 Taxes withheld on specified period sufficient the income of to address identified employees problems 0 Employer and . Impose a time limited employee moratorium on agency contributions for . Reduce any advances for federal social security the following year to 30 or any pension, days and exam ine retirement, or benefit surpluses for plan for an employee redistribution. · Failure for one pay period to pay, due to lack of funds 0 Wages and salaries owed to em ployees 0 Retirement benefits owed to form er employees · An unreserved or total fund balance or retained earnings deficit for which sufficient resources are not available to cover the deficit for 2 successive years An intentional or negligent act . Intentional or Repeated . Impose a time limited of the agency has materially violations of the moratorium on agency affected the health, welfare, requirement to serve APS . Temporary assumption of or safety of clients, or clients within 72 hours operations and functions substantially and ne'g ative/y . Any other verifiable report related to the problem affected the operation of an of such actions area within the agency aging services program INTERMEDIATE MEASURES ATTACHMENT VI 36 ..,. . 01/2007 Agreement PE-729 Committed multiple or . Achievement levels from . Unannounced spe cial repeated violations of legal monitoring reviews monitoring and regulatory requirements . Any other verifiable report . Reduction in advances for or Department standards of such actions following year and review of surpluses for redistribution . Appropriate Corrective action 37 '\" 01/2007 Agreement PE-729 INDICA TORS MEASUREMENT INTERMEDIA TE Section 430.04 (2), F.S. MEASURES Section 430.04 (2), F .S. Failed to adhere to terms of . Achievement levels from . Placement on probationary its contract with the monitoring reviews status for a specified Department as passed . Adherence to Service period to address identified through the Alliance Application problems . Any other verifiable report . Financial penalties of such action . Re-allotment of surplus funds to other planning and service areas . Appropriate Corrective action Failed to implement and . Achievement levels from . Appropriate Corrective maintain Departm ent monitoring reviews action approved client grievance . Any other verifiable report resolution procedure of such action Failed to continue the . Achievement levels from . Temporary assumption of provision or expansion of monitoring reviews agency operations and services after the declaration . Any other verifiable report functions to im plement of a state of emergency of such action emergency service plan INTERMEDIATE MEASURES ATTACHMENT VI (eont.) 38 ~ ",,< , , 01/2007 Agreement PE-729 Health Insurance Portability and Accountability Act (HIPAA) of 1996 Attachment VII The Alliance and the recipient will comply with all requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Alliance and the recipient recognize that each is a "Business Associate" of the other under the terms of HIPAA. As such and in so far as these apply, each agrees to the following: (a) That neither party will use or disclose protected health information for any purpose other than as authorized by law, by this contract, or by separate agreement between the parties. (b) That each party will not use or disclose protected health information in a manner which would be a prohibited use or disclosure if made by the other. (c) That each party will maintain safeguards as necessary to ensure that the protected health information is not used or disclosed except as provided by law, by this contract, or by separate agreement between the parti es. (d) That each party will report to the other any use or disclosure of the protected health information of which it becomes aware that is not provided for by law, by this contract, or by separate agreement between the parti es. (e) That each party will ensure that any of its subcontractors or agents to whom it provides protected health information received from the other agrees to the same restrictions and conditions that apply to each other with respect to such information. (f) That each party will follow an agreed upon process established to provide access to protected health information to the subject of that information when the other has made any material alteration to the information. This process will include how each party would determine in advance how the other would know or could readily ascertain when a particular individual's protected health information has been materially altered by the other and how it could provide access to such information. This process will establish how each party would provide access to protected health information to the subject of the information in circumstances where the information is being held by the other. (g) That each party will provide health information to the subject of the information in accordance with the subject's right to access, inspect, copy, and amend their health information. (h) That each party will make available to the other its internal practices, books and records relating to the use, disclosure, and tracking of disclosure of protected health information received from the other or its agents for the purposes of enforcing compliance with HIP AA. (i) That each party will assist the other in meeting its obligation to provide, at an individual's request, an accounting of all uses and disclosures of personal health information which are not related to treatment, payment, or operations within 60 days of the request of an dCCOUflliflg. (j) That each party will incorporate any amendments or corrections to protected health information when notified by the other that the information is inaccurate or incomplete. 39 4'.~ t"'" , 01/2007 Agreement PE-729 (k) That at the termination of this contract, unless a new contract is agreed upon, each party will return or destroy all protected health information received from the other that it still maintains in any form. (I) That either party may terminate this contract if it learns that the other has repeatedly violated a term of this contract provision. (m) That each party will disclose only the mInImum amount of information necessary to accomplish the permitted use of the protected health information. This minimum use requirement does not apply to information provided for treatment or to disclosures required by law. (n) That each party will limit the use and disclosure of protected health information to the minimum number of employees necessary by class of employee and type of information to accomplish the permitted use of the information. (0) That each party will meet at least the minimum security requirements for the protection of protected health information as required by HIP AA. (p) That each party is bound by the terms of the "Notice of Practices" of the other with regard to protected health information it receives from the other. 40 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12-19-2007 Division: Community Services Bulk Item: Yes -1L No Department: In-Home & Nutrition Services Staff Contact Person: Janice Drewing AGENDA ITEM WORDING: Approval of the Older Americans Act (OAA) Contract #AA-829 (1- 1-08-12/31/08) for Titles III-B, C-I, C-II and III-E between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe county Board of County CommissionerslMonroe County In-Home and Nutrition Services ITEM BACKGROUND: The approval of OAA Agreement #AA-729 will enable Monroe County to continue providing services to Monroe County's elderly population under the Older American's Act program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted for Older Americans Act (OAA) Contract #AA-729 on Dec 20, 2006. CONTRACT 1 AGREEMENT CHANGES: NI A - New Contract STAFF RECOMMENDATIONS: Approval TOTAL COST: $558,206.44 BUDGETED: Yes -L No COST TO COUNTY: $46,090.44 - Required SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes -L No Year approx $18,996.00_ AMOUNT PER MONTH appro $1,583.00 APPROVED BY: County Atty...L ~ChaSing--1L.. Risk Management _ X_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract # AA-829 Effective Date: 01/01/2008 Expiration Date: 12/31/2008 Contract Purpose/Description: Approval of OAA Agreement #AA-829 (1/1/08-12/3 lI08) for Titles III-B, C-I, C- nand III-E between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County In-Home and Nutrition Services Contract Manager: tt~ ~eEfg I dJ;~ ~ For BOCC meeting on 12/19/2007 4583 In-Home and Nutrition Services/Stop 1 (Department/Stop #) (Ext.) Agenda Deadline: 12/04/2007 CONTRACT COSTS Total Dollar Value of Contract: $558,206.44 Budgeted? Yes X No Account Codes: Grant: $512,116.00 / County Match: $46,090.44 (required) Estimated Ongoing Costs: $ /yr (Not included in dollar value above) Current Year Portion: $ 125 - 615 - 3008 - -- -- - 125 - 615 - 3108 - -- -- - 125 - 615 - 3208 - -- -- - 125 - 615 - 3408 - -- -- - ADDITIONAL COSTS For: (eg, Maintenance, utilities, ianitorial, salaries, etc) 0Jo..~D~ ~! 'Fts) CONTRACT REVIEW Date In Division Director I z..-{ 't { () 7 Risk Management (~-q -ct) o ~B./Purchasing l~ 11:.\-1 o::r Changes Neede~ Yes (!!JJ Yes @ Yes ~ Yes G County Attorney Comments: OMB Form Revised 2/27/01 MCP #2 Date Out 11/8/2007 CONTRACT AA-829 Page 1 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance" and Monroe County Social Services, hereinafter referred to as the "contractor." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. P A-729, and its successor, incorporated herein by reference. THIS CONTRACT IS SUBJECT TO FURTHER MODIFICATION IN ORDER TO INCORPORATE CERTAIN PASS- THROUGH LANGUAGE REQUIRED BY THE STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS. ALL SUBSEQUENT MODIFICATIONS WILL BE MADE THROUGH AMENDMENTS TO THIS CONTRACT. The breakdown by Title will be as following: Title'" B: $ 109,569 Title C1: $ 148,600 Title C2: $ 199,842 Title '" E: $ 54,105 1. This agreement shall begin on January 1,2008 or the date it has been signed by both parties. All services covered by this contract shall commence on Janua ry 1, 2008 and end on December 31,2008. All provisions in the contract and any attachments thereto in conflict with this agreement shall be and are hereby changed to conform with this agreement. All provisions not in conflict with this agreem ent are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this agreement. This agreement and all its attachm ents are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this 1-page agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Social Services ALLIANCE FOR AGING, INC. SIGNED BY: SIGNED BY: Max B. Rothman, JD, LL.M. NAME: NAME: TITLE: TITLE: President & CE 0 DATE: DATE: NT'r' AT~CHNEyduld7 . ' 11/15/2006 CONTRACT AA-729 Page 1 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance" and :Monroe County Social Services, hereinafter referred to as the "contractor." This agreement is subject to all provisions contained in the MASTER AGREE;\,lENT executed between the Alliance and the Recipient, Agreement No. P A-729, and its successor, incorporated herein by reference. THIS CONTRACT IS SUBJECT TO FrRTHER :\10DIFICATION IN ORDER TO INCORPORATE CERTAIN PASS- THROUGH LANGUAGE REQUIRED BY THE STATE OF FLORIDA DEPARTj\''1ENT OF ELDER AFFAIRS. ALL SUBSEQUENT :\IODIFICATIONS WILL BE MADE THROUGH A.\'IENDMENTS TO THIS CONTRACT. The breakdown by Title will be as following: Title'" B: $ 107,100 Title C1: $ 158,600 Title C2: $ 184,789 Title III E: $ 54,105 1 . This agreement shall begin on Janu ary 1, 2007 or the date it has been signed by both parties, All services covered by this contract shall commence on Janua ry 1, 2007 and end on Decem ber 31, 2007. All provisions in the contract and any attachments thereto in conflict with this agreement shall be and are hereby changed to conform with this agreement. All provisions not in conflict with this agreement are still in effect and are to be performed at the level specified in th e contract are hereby amended to conform with this agreement. This agreement and all its attachm ents are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this 1-page agreement to be executed by their undersigned officials as duly authorized. PROVIDER: "Ionroe county(:, 0 'al / } Serv~s / l' / SIGNED BY: /;. 1)7 . ( ,r -frf" ~~. '-- ALLIANCE FOR AGING, INC. SIGNED BY: , ,./' /} , ~/ /' i // dr-' .. ,'/ / ":'l _ 4--........... . ////,t.t'/ J.c..,./ j' /'/ /// - ~.// -') - ; ,/(/";4:l r' tt.I.c. . l? '/ .TZ rv ,j!!, I :1 , President & CE 0 NAME: Mario DiGennaro NAME: TITLE: Mayor/Chairman TITLE: December 20, 2006 DATE: ., / (~/ :L'" b DATE: MONROE COUNTY ATTORNEY ;~PPRqV~D AS TO FORM: /) ) \ ,-" I ,'..' '?' ~, " SUS~N M.'-G'~,~~CEY "\ ASSISTANT CQUNTY ATTORNEY n"ta' '.) 'I ", BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ 12-19 -200 7 Division: Community Services Bulk Item: Yes X No Department: Social Services Staff Contact PersonlPhone #: Janice Drewing, 305-292-4523 AGENDA ITEM WORDING: Approval of Amendment to Agreement between G.A. Food Service, Inc. and the Monroe County Board of County Commissioners (Nutrition Program) to renew contract for one additional year, January 1, 2008-December 31,2008. ITEM BACKGROUND: The Amendment provides for service of frozen, fresh, and shelf stable meals for the Nutrition Program's Title III C-1, Congregate Meal Program and Title III C-2, Home-Delivered Meal Program and Bayshore Manor Adult Living Facility for January 1, 2008-December 31, 2008. The original contract provides for a two-year renewal option. This is the second year renewal. The Agreement Amendment is necessary to ensure that food will be provided in 2008 to clients of the Nutrition Program and Bayshore Manor. Pursuant to Page 2, Item 6C of the Agreement the cost per meal will increase in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI), which is 3%. As such, the cost per meal will change from $3.09 to $3.11. The total contract amount is not to exceed $200,000. PREVIOUS RELEVANT BOCC ACTION: Approval of 2007 Amendment to G.A. Contract Amendment, December 20, 2006. Approval of initial Contract Agreement March 15, 2006 by the Board of County Commissioners and G. A. Food Service, Inc. CONTRACT/AGREEMENT CHANGES: Cost per meal increases from $3.09 to $3.11 STAFF RECOMMENDATIONS: Approval TOTAL COST: Not to exceed $200,000. BUDGETED: Yes X No COST TO COUNTY: Grant funded SOURCE OF FUNDS:Older Americans Act Grant REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ ~urchaSing _ Risk Management _ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #_ Effective Date: 1/01/08 Expiration Date: 12/31/08 Contract Purpose/Description:Amendment to renew existing contract with G.A. Foods, Inc. to provide food service for the Monroe County Nutrition Program for meals served to Congregate (Meal Site) and Home-Delivered Meal Program clients who are over 60 years old and meet program requirements and for Bayshore Manor Adult Living Facility. Contract amendment will provide for one-year renewal of service, as provided in the Agreement, from January 1, 2008- December 31, 2008. Due to increased costs and pursuant to provisions of the intial Agreement allowing for an increase based on the percentage change of the Consumer Price Index, 3% for 200 the cost ofth meal is chan in from 3.09 to 3.11 *19 Contract Manage: anice Drewi~ 4523 (Name) (Ext.) Contract with:G.A. Food Service, Inc. Social ServicesINutrition Program (Department) for BOCC meeting on 12/19-12/20/07 A enda Deadline: 12/4/07 CONTRACT COSTS Total Dollar Value of Contract: $not to exceed Current Year Portion: $39,000.00 $200,000 Budgeted? Yes(2J No 0 Grant: $_ County Match: $-0- Account Codes: 125-61531-08-530491-_ 125-61532-08-530491-_ _-61504-530-491-Bayshore-_ -_ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) - - - - ----- CONTRACT REVIEW Date In Division Director ~ 7 Date Out Ri~~ag~nt I~I o.lVf.B./ Purc~ng ~trr y esD N~ County Attorney _ YesD NoM iJ:.&o 7 I;}~-o ] I*ID 1!/-u/u1 Comments:_ AMENDMENT TO AGREEMENT Momoe County Nutrition Program THIS AMENDMENT made this 19th day of December 2007" by and between the Board of County Commissioners ofMomoe County, Florida, a political subdivision of the State ofFlorida, hereinafter called the County, and GA Food Service, Inc., a Florida corporation whose mailing address is 12200 320d Court North, St. Petersburg, Florida, hereinafter called the Contractor. WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated March 15,2006 for the provision of meals for the Momoe County In-Home and Nutrition Services Program Congregate and Home- Delivered Meals operated by Momoe County; and WHEREAS, said agreement provided an option to the County to renew the contract twice, each time for an additional year; and WHEREAS, the Sponsor has elected to exercise said option for the benefit of the Momoe County Nutrition Program; now, therefore, IN CONSIDERATION of the mutual covenants and obligations contained herein, the parties agree as follows: 1, The Sponsor elects to renew the contract for an additional year pursuant to the contract entered into on March 15,2006. 2. The effective date of this amendment is January 1, 2008 and shall extend through December 31,2008, 3, Paragraph 4 of the contract, entered into March 15,2006, shall be amended to provide for the cost per meal to be $3.11 for the period covered by this amendment 4, GA Food Service shall provide evidence of insurance, which names the Board of County Commissioners (BOCC) as additional insured for the year 2008. 5, All other terms and conditions of the contract dated March 15, 2006, as previously amended shall remain in full force and effect. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman (SEAL) Attest: GA FOOD SERVICE, INe. By: Secretary ASSISTA/J' G Date __,- . ..~z/i /0') CONTRACT (AGREEMENT) FOR FOOD SERVICE AGREEMENT THIS AGREEMENT, made and entered into this _15_th_day of March , 2006, by and between MONROE COUNTY, a political subdivision of the State of Florida, 1100 Simonton Street, Key West, FL. 33040 (hereinafter called "County"), and G.A. Food Service, Inc. , a Florida corporation whose address is 12200 32nd Court North, St. Petersburg, Florida (hereinafter called "Contractor") WITNESSETH: WHEREAS, County desires to utilize the food preparation facilities and delivery systems of the Contractor for the purpose of providing meals for senior citizens participating in the Older Americans Act Title III-C Nutrition Program (hereinafter called "Program"); and WHEREAS, Contractor desires and is qualified to provide the meals and services needed by County for the Program; NOW, THEREFORE, the parties agree as follows: 1. THE CONTRACT The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents, as specified in paragraph 2. 2. THE CONTRACT DOCUMENTS The contract documents consist ofthis Agreement, the specifications, all change orders and/or substitutions, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the Contractor's bid proposal dated February 22,2006 and all required insurance documentation. 3. SCOPE OF THE WORK The Contractor shall provide all necessary supplies and equipment required and perform all of the work and services described in the Request for Bids entitled: 2006 FOOD SERVICE MEAL CATERING which shall include A. Providing meals according to the specifications which are attached hereto and incorporated by reference. The Contractor may, upon request of the County, make substitution for the items on the regular menu, according to the terms specified herein. The number of meals shall not exceed 50% above the maximum estimated number. If the County desires additional meals over and above the 50%, County shall notify Contractor in advance. B. Providing individual service site orders no later than Friday two weeks prior to the delivery date. C. Deliveries of frozen meals will be made to each designated meal site weekly. County shall notify contractor ifthe sites change. D. Delivery schedule w ill be subject to the holidays of the County a nd the Program shall notify Contractor of the dates. E. Contractor shall train County's staff on any new equipment or special handling of meals necessitated because of packaging or other requirements. 4. THE CONTRACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: _$2.93 per meal for all meals 5. A. CONTRACTOR'S ACCEPTANCE OF CONDITIONS All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the description of the meals to be provided and the service to be provided. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. B. The passing, approval, and/or acceptance by the County of any of the services fumished by the Contractor shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the County, if its ees fit, to correct the same and recover the reasonable cost of such replacement from the Contractor, who shall in any event be jointly and severally liable to the County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 6. TERM OF CONTRACTIRENEW AL A. This contract shall be for a period of nine (9) months, commencing April 1, 2006, and terminating December 31, 2006. B. The County shall have the option to renew this agreement with 30 days notice to contractor prior to the end of the term. This option may be exercised twice for one-year terms. C. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous year using the month of October closest to the renewal date. 7. HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses ( including attorney's fees) which a rise 0 ut 0 f, in connection with, 0 r by reason 0 f services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the 2 negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the COlmty from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier tennination of this agreement. 8. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of hislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, tenninating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the serviceslgoods of the contractor. 11. COI\tlPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to tenninate this contract immediately upon delivery of written notice of tennination to the contractor. The contractor shall possess proper licenses to perfonn work in accordance with these specifications throughout the tenn of this contract. 3 ,.'0 12. INSURANCE Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. Prior to execution of this agreement, and maintained throughout the life of the contract, the contractor shall furnish to the County Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability - include as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $50,000 Property Damage. An 0 ccurrence Form policy is p referred. If coverage is changed too r provided 0 n a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reporLed should extend for a minimum of 48 months following the termination or expiration of the contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability - include as a minimum: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit. If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. lUONROE COUNTY BOARD OF COUNTY CO/',fJl1ISSIONERS l'1rll/ST BE NAJUED AS ADDITIONAL INSURED. C. Workers Compensation -limits sufficient to respond to Florida Statute 440. Tn 8rlrlitioll. the ('ontractor "hall ohtain Employers' I iahility Tnsurance \vith limits ofnof lec;s than: S 100,000 Bodily Injury by Accident 5500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee 4 All coverages shall be provided. If the Contractor has been approved by Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing dctails on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. 13. PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the p roj ect herein described, subject tot he terms and conditions set forth in these contract documents. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 14. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY County Administrator Gato Building 1100 Simonton Street Key West, Fl33040 FQR CQNT;&ACTOE< -)- _ : ,'. 't-- \^ ',-' <"",1 ( C / . ','\1" ,0' I' ' ,'J '- (./' /1(.. \ 'J / v -- '-' '- 3 '\ A.' ) A j I i t '~1? . 1'/\":) (-.: 1; ('"\ :' iJ ,(\ V\ -- . I. t .r I ~ 'J:1 f I , ,-..,-;. \ c- i.. v'':;) J) Vi" ~ ) \ -- j ') I I I..Y and Janice Drewing, Director Monroe County Social Scrvices Senior Nutrition Program 1100 Simonton Street, First Floor, Room 1-202 Kcy West, FL 33040 15. CANCELLATION A) In the event that the contractor shall be found to be negligent or deficient in any aspect of operation maintenance, repair, or service, the County shall have the right to terminate this agreement after five (5)days written notification to the Contractor. 5 B) Either of the parties hereto may cancel this agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. 16. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and Contractor agree that, in the event of conflicting interpretation of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 17. RECORD KEEPING Contractor shall maintain all books, records, a nd documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. All such documents shall be retained for a period of 5 years. Each party to this Agrcement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid. 18. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 19. ATTORl\iEY'S FEES A~D COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to rcasonable attorney's fees, court costs, investigative, and out-of-pockct expenses, as an award against the non-prevailing party, and shall 6 include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules 0 f Civil Procedure a nd usual and customary procedures required by the circuit court of Monroe County. 20. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assIgns. 21. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 15 concerning cancellation. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the serviccs under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. NONDISCRIMINATION County and Contractor agree that there shall be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply \vith all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: l) Title VI of the Civil Rights Act of 1964 (PL 88-352) \vhich prohibits discrimination on the basis ofrace, color or national origin; 2) 7 Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amcnded, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 26. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 27. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 28. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee \vorking solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the a\vard or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or othenvise recover, the full amount of such fee, commission, percentage, gi ft, or consideration. 8 29. Pt;BLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 30. NON-WAIVER OF IMIVIUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers agents or employees of any of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by and participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or othem:ise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in gencral or for the purposes contemplated in this Agreement. 34. ATTESTATIONS Contractor agrees to cxecute such documents as the County may reasonably require, to include a Public Entity Crime Statement, An Ethics Statement, and a Drug-Free \Vorkplace Statement. 9 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original all of which taken together shall constitute one and the same instrument. Any of the parties hereto may execute this Agreement by signing such counterpart. 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 38. CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners and the obtaining of grant funding for the Program. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above ins ix ( 6) counterparts, each 0 f which shall, without proof 0 r a ccounting for the 0 ther counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK / ~/ <)j-..,.",' /. Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COuyfY, FLORIDA By: 1 MayorlCh irman By: ~.__~i Date: {- .~ - d /L (SEAL) Attest\Vitness CONTRA<;TOR By: By: \ ,~ 1/0:.,1 -f "'~' r: .'Jame Printed: Title: (President/ '\ame Printed: ,'.10NROE COUNTY ATTORNEY APPRO'jED AS TO FQRM: ~~/ SUSAN .fy1, IMSLEY ASSISTANT COUNTY ATTORNEY By: 10 Monroe County Senior Nutrition Program 1100 Simonton Street, First Floor Room 1-201 Key West, Florida 33040 (305) 292-4522 FAX: (305) 292-4483 2006 FOOD SERVICE MEAL CATERING REQUEST FOR BIDS TABLE OF CONTENTS Introduction/Statement of Purpose (1.A.)............................................................................................ 2 General Requirements and Information ((l.B)...................... . ........... . ............ ......... ... ....3 Specifications and Program Needs (2.A.-2.R. ).......... .................... ........... ............................. ...... .... .... 5 Balance of Bid Submission Requirements (3-19). . .. . ... .. . .. . " ... . .. . " . " . .. . ... .. . ... .. . " . ... ... . .. . .17 Bid Form..... .. ....................................................... ............ .................... ....... ....25 Attachments................................... ............................................................... .......................................2 6 Sample Agreement/Contract, Attachment 12.......... ...................... ....................... ... ...........................40 REQUIRED FORMS TO BE COMPLETED: Attachment 5. Insurance and Indemnification Statement ........... ... ........ ....................................... .31 Attachment 6. Insurance Agent's Statement '" .......... .......... ................ ................... ................ ....... 34 Attachment 7. Public Entity Crime Statement............................................................................... 35 Attachment 8. Ethics Statement. . . . . . . . .. . . . . . . . .. . " . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Attachment 9. Non-Collusion Affidavit.............................................................................................3 7 Attachment 10. Drug-Free Workplace Form............... ................. ..... ................ ......................... ........3 8 Attachment 11. Civil Rights Compliance Statement. . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . .. . . . . ...41 \TTACHMENTS: \ttachment I. Sample Menu. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . , ' . . . . . . . . . . . . . . . . . . . .27 \ttachment 2, Beverage and Condiment List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" 28 I..ttachment 3, Supply List.. " ... . ... .. . " '" . .. . .. . .. . .. . .. . .. ... . .. . .. . .. . .. . .. . .. . .. , .. . .. . .. . .. . .. . .. . ... .29 \.ttachment 4. Food Specifications and Requirements of the Florida Department of Elder Affairs, Including Attestation Statement" ..................................................................................... 30 ,ttachment 5. Insurance and Indemnification Statement .......... .........................,.....,... ...31 Jtachment 6. Insurance Agent's Statement. . . . . ... .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ... . .. . .. . ,. , . . . .34 ttachment 7, Public Entity Crime Statement. . .. . .. . .. . .. . " . .. . .. . .. . .. . .. . " . .. . .. . .. . .. . .. . ,. . .. . " , .. .35 ttachment 8. Ethics Statement. , " . .. . . . . . . . .. . .. . . , . . . . .. . .. . .. . .. . ,. . .. . . . . '. . .. , .. . .. . ,. . .. . .' . , , . , ' . ,. , ,16 ttachment 9. Statement of,;\;on-Collusion...,."..",...................,........"............,..,.." ...37 ttachment lO. Drug Free \Vorkplace Form.,.................,.......,.....................,.,...,..".. ..38 :tachment II, Ci viI Rights Compliance. . . . , , . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . , . . , . . . , . , . . . . , . . . . . . , , . . . ...39 tachment 12. Sample Agreement/Contract. ... . " . ,. . .. . ... ........ , .. . ,. . " '" '" ... . .. , " ... . ., ..,... , .40 2006 FOOD SERVICE/MEAL CATERING BID 1. A. INTRODUCTION/STATEMENT OF PURPOSE The purpose of this bid is to establish an agreement with a bona fide Food Service Provider (herein referred to as Provider) for the purchase of Food Catering Services for the Monroe County Social Services Nutrition Program (hereinafter referred to as Nutrition Program) and Bayshore Manor Adult Living Facility. The agreement will be awarded for a period of nine-(9) months beginning April 1, 2006 until December 31, 2006 with the option to renew two times for 1 year terms. Such renewals shall be contingent upon the availability of funds, approval of the Monroe County Board of County Commissioners, and satisfactory performance by the food service Provider as determined by Monroe County Nutrition in the Monroe County Community Services Division. In accordance with the Bid Documents, the Provider hereby agrees to furnish meals in accordance with contract documents, consisting of these Specifications, and the attachments hereto which are incorporated herein by reference as though completely set forth herein, including the Request for Bids, the Bid documents submitted by the Provider and the attachments thereto, along with the Agreement entered into between the parties. Any inconsistencies are to be resolved in favor of the County. The Provider agrees to furnish the meals in accordance with the Attachments of the Agreement and at the price therein specified, to citizens participating in the Older Americans Act Title III-C, Nutrition Program. Meals are to be provided at each of the specified sites in Key West, Big Pine Key, Marathon, and Plantation Key. It is the intent of Monroe County Nutrition to secure an agreement for the purchase of: . Frozen luncheon meals - approximately, 100-150 meals currently provided per day, Monday through Friday; Frozen plated meals and all components, pre-packaged, 5 meals per box TMS, (Total Meal System) for home- deliveries - approximately 100-200 currently provided per week, Monday-Friday; . Cold plate (fresh) luncheon meals - currently provided approximately 3 times every four weeks in place of a frozen entree pursuant to the four-week meal cycle menu, approximately 192 meals per month; . Picnic Lunches- On request for special occasions; and, . Frozen and Shelf-Stable Breakfast Meals - As required for both Congregate and Home-Delivery clients, III addition to luncheon meals; . Shelf-stable emergency (hurricane) meals to be delivered by June 1 st of each contract year, and thereafter, as needed - approximately 200 cases, 5 meals per case, for an approximate minimum of 1,000 emergency meals yearly. . Provision of fresh fruit for Congregate Meal clients at a minimum of two (2) times in a four-week meal cycle. Delivery shall be to the four (4) Meal Sites in Monroe County at the following locations: Plantation Key Marathon Big Pine Key Truman School, Key West In addition to the above, Provider agrees to provide and deliver approximately 120-170 frozen meals per week, consisting of breakfasts, lunches and dinners, including related condiments, beverages, to Bayshore Manor Adult Living Facility on Stock Island in Key West, operated by Monroe County at the same unit price as offered to the ~utrition Program, as required by Bayshore Manor. 2 1. B. GENERAL REQUIREl\-IENTS AND INFORMATION The successful bidder must provide satisfactory evidence of its capability to maintain a food service program to provide the average number of meals specified herein with/within fluctuations from -50% to + 1 00%. The bidder must give assurances of being able to deliver all meals in the quantities ordered. Additional provisions: 1. Food Services are to be provided under specifications for use by the Nutrition Program, primarily through a Federal Grant under Title III of the Older Americans Act. 2. The purpose ofthis bid request is to establish the best possible service at the lowest possible cost for the planning, preparation, packaging, and distribution of meals. Ability must be demonstrated to prepare the number and types of meals required, including the necessary refrigeration/freezing and required temperature for frozen meals. Frozen meals should provide labeling on the packaging, which includes: a listing of the food items contained within, the date the meal was prepared, shelf life, and instructions for storage and cooking. Frozen meals should be frozen solid; 20 degrees below zero Fahrenheit. A Nutritional Analysis according to the standards specified in the Manual must be provided for each type of meal provided. Standards and menus must refer to the Age 70+ male DRI's/AI's. The following nuttients must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium, sodium, Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12, and Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one week. However, no individual meals should exceed 1200 mg of sodium. 3. In addition, bidder must establish ability to provide other meals including shelf-stable, and non-shelf stable (frozen) breakfasts, emergency shelf-stable meals, and some fresh food items, e.g. tuna, chicken, pasta, bean and vegetable salads, also shown in the Sample Menu in Attachment 1. These must be prepared, packaged, and delivered in a manner to ensure their safe use including required temperature controls (not to exceed 41 degrees F) pursuant to the Florida Administrative Code (F AC), Chapter 64E-11, Food Hygiene, and specified packaging dates and shelf-lives, and the current edition of "DOEA" (Department of Elder Affairs) Manual Older American Act Program. Easy- to-read instructions on preparation and use of meals must also be included. k Documented appraisal of the caterer's site by the Monroe County Health Department or comparable evidence of inspection from such agencies as the Florida Department of Business and Professional Regulation, the United States Department of Agriculture, and/or the resident County Health Department. Provider must have had an inspection from the Department of Health within six months prior to submission of bid. Documented evidence of necessary licenses, etc. for out-of-county catererlcatering facilities particularly as applies to the entree/vegetable component, if applicable in this program. Demonstrated ability to deliver at a minimum, one week's supply of food to each of the service sites included herein. Demonstrated ability to provide one \veek's worth of meals including, frozen plated meals and all components, pre-packaged, 5 meals per box T:\ifS, (Total :\ifeal System) to be used primarily by the ~utrition Program for home-delivered meal clients. 3 " 8. Food service delivery shall be within Monroe County, Florida at locations in Plantation Key, Marathon Key, Big Pine Key, and the Key West, as specified herein. 9. The Agreement shall be in effect from April 1, 2006, through December 31, 2006, with Monroe County having an option to renew at the same terms and conditions as stated in the Agreement and, (at the same rate, excepting only consideration of an increase in the unit cost per meal to match any rise in the Cost of Living Index for All Urban Consumers as provided by the US Government available for October closest to the renewal date. Renewals are contingent upon the availability of funds, and the satisfactory performance of the food service Provider as determined by the Nutrition Program and Monroe County. 10. The Monroe County Board of County Commissioners shall make the award of bid to the lowest conforming bid by a responsible bidder. Financial responsibility and quality of food provided shall also be a basis for the award, and the bid may not necessarily be awarded to the lowest bidder. Bids will be considered only from firms regularly engaged in the food catering service business who can produce evidence that they have an established record of performance for a reasonable period oftime; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded an agreement under the terms and conditions herein stated. The caterer shall need to demonstrate past performance in food services with the capability necessary to implement the nutritional and logistical aspects applicable to the Nutrition Program and Bayshore Manor and the performance of the food service contract. This includes conforming and complying with the requirements of Title III-C of Federal Regulations. Chapter 13. Part 132 I and all amendments thereof; and the current edition of "DOEA" (Department of Elder Affairs) Manual Older American Act Program; Department of Elder Affairs Programs and Services Manual, and all amendments thereof; and any relevant regulations of the State of Florida Department of Elder Affairs; the Federal Older Americans Act; and the Alliance for Aging, the Area Agency on Aging for Dade and Monroe Counties. [1. The caterer must demonstrate ability to accept USDA donated bonus food and be prepared to accept USDA commodities in lieu of cash, if required. This involves a system of storage, transfer, loading, and delivery mechanisms as well as a system of billing and cost breakdown. 2. The caterer must provide a toll-free telephone number for communication with the Nutrition Program. Also Provider's staff must be available Monday through Friday during normal business hours for any questions or problems that may arise. 3. Provider should have the ability to perform research and special studies and provide technical assistance regarding significant changes in State and/or Federal Regulations and/or requirements, which could seriously affect the price and/or quality of specified items, method of doing business, and operations of the program. L As part of bid submission, prior arrangements should be made with the Nutrition Program/Purchasing Department to ensure that samples of frozen and shelf-stable meals are available to taste at bid opening. In addition, for the duration of the Agreement, the selected Provider upon request must provide sample meals from the ~utrition Program within a time frame agreed upon by both parties. t. 15. GENERAL INFORMATION a. Contac't Person: Janice Drewing, Director Monroe County Social Services Senior Nutrition Program 1100 Simonton Street, First floor, Room 1-202 Key West, FL 33040 (305) 292-4522 / FAX: (305) 292-4483 b. Funding Source: Primarily: Federal Funding through Title III C-l and C-2 of the Older Americans Act. Contingent upon an annual appropriation and is therefore subject to reduction or elimination from the Monroe County operating budget. c. Tvpe 0 f Agreement: Only fixed rate agreements will be entered into. The Nutrition Program will reimburse the Provider for the actual number of meals delivered at the approved rate. d, Acceptance of Proposals: Monroe County reserves the right to reject any or all bids or waive minor irregularities. Minor irregularities are those which will not have a significant adverse effect on overall competition, cost or performance. The Nutrition Program reserves the right to inspect Providers (caterer's) facilities prior to the award of a bid. e. Inquiries: Janice Drewing, Director Monroe County Social Services Senior Nutrition Program 1100 Simonton Street, First floor, Room 1-202 Key West, FL 33040 (305) 292-4522 / FAX: (305) 292-4483 Z. A. SPECIFICATIONS AND PROGRAM NEEDS l. Evidence of past experience in meal preparation, transport, and delivery, and the organization's operational capabilities (i.e. equipment, personnel, financial supports, etc.). Demonstrated ability to supply approximately 55,590, (fluctuations from -50% to + 100%), consisting of unitized, pre-portioned entree-vegetable components, including frozen and fresh meals in accordance with the approved cycle menu; and, also, breakfast meals either, frozen, refrigerated, or shelf-stable, and lunchldinner shelf stable, non-refrigerated meals as mutually acceptable to the Nutrition Program and the Provider, over the agreed upon contract period. Approximate numbers of meals served daily at each site are listed below. . Key W cst, Truman School Meal Site - approximately, 95-1 70 meals per day, including Congregate and Home-Delivered Meals . Big Pine Key Nutrition Site - approximately, 16-40 meals per day, including Congregate and Home- Delivt;red Meals . Marathon Nutrition Site - approximately, 35-60 meals per day, including Congregate and Home-Delivered Meals 5 · Provisions for special deliveries, such as emergency meals, will be determined and agreed upon by the Natrition Program and the Provider. 10. Proof of periodic inspections by the Health Department, or evidence of comparable inspection from such agencies as the Florida Department of Business and Professional Regulation, the United States Department of Agricalture, and/or the Resident County Health Department. 11. State and local fire, health, sanitation, and safety regulations applicable to the particular types of food preparation and meal delivery system used must be adhered to in all stages of food service operation, and must be in accord with the requirements of Chapter 10D-13 of the Florida Administrative Code. 12. All frozen meals must be packaged to allow heating in convection ovens and microwaves. 13. All meals frozen and fresh must be identified as to content, clearly labeled with items and amounts specified, including safe serving expiration date (i.e. "safe for use until_") and must provide instructions for proper preparation, including heating temperatures and times to ensure heating or cooling to required F AC standards. Delivery dates must be specified on meals, or meal packing box, and/or food delivery invoice. 14. Meals used for distribution for home-delivery must be clearly identified so participants can follow the menu plan. This includes description of items, components, serving instructions, including heating or cooling temperatures, and expiration dates. All printing on packaging must be labeled clearly with letters large enough to be read by the visually impaired. 15. In all instances, except emergency meals, the food will be prepared by the Provider, pre-portioned, and transported to the meal sites where Monroe County Nutrition Staffwill receive it. The mode of catering shall be pre-cooked, or in the case of fresh meals, such as chicken and tuna salads, pre-plated, transported to the sites at prescribed temperatures, kept at prescribed temperatures at the sites, and served to the participants. At each site. Nutrition Program Staffwill be responsible for receiving the food, taking temperatures, keeping the food heated and/or chilled at proper temperatures, serving the food, cleaning up, and home-delivery of food at safe temperatures. 16. To insure quality control prior to serving and replacing a meal if necessary, if proper standards have not been met, the Provider must agree to supply meal samples, for the duration of the Agreement, at any time, upon request of the Nutrition Program within a time-frame agreed upon by both parties. 7. Food will be procured from other sources at the Provider's expense if Provider fails to deliver a meal, or any portion of a meal, of if the food is spoiled, inedible, or otherwise does not meet proper specifications. 7 2. B. Food Purchasing and Preparation Standards 1. All food purchasing must be transacted in accordance with policies and procedures set forth in the Department of Elder Affairs (DOEA) Financial Management Manual (HRSM 55-1). 2. All foods purchased shall be of good quality and shall be obtained from sources which, conform to federal, state, and local regulatory standards for quality, sanitation, and safety. Food from unlabeled rusty, leaking, and/or broken containers or cans with side seam dents, rim dents, or swells shall not be used. 3. All foods used in a nutrition program for the elderly must meet standards of quality for sanitation and safety applying to foods that are processed commercially and purchased by the Provider. 4. No food prepared, frozen, or canned in the home may be used in meals provided to a nutrition service Provider that is financed with Title III-C funds. 5. Only commercially processed, frozen, or canned food, or food approved by the USDA and FDA may be used at the Meal Sites and served by the Nutrition Program. 6. Foods that are frozen must meet applicable local, state, and federal standards. Equipment and methods for freezing must also meet these standards. 7. Providers are encouraged to participate in methods, which will result in reducing meal costs such as group purchasing and buying in bulk, as long as such practices do not compromise the necessary food and food service related requirements and standards specified herein. 2. C. Meal Standards and :!\-Ienus I. When developing menus and prices for a bid, the Provider shall consider the following items carefully since they relate to cost-effectiveness: · Maintaining proper back-up inventory to ensure that orders can be properly and adequately filled on a timely basis. · Providing detailed package instructions and information including number of units per case, shelf-stable pack, breakfast pack, etc. This is needed by the Nutrition Program for proper reporting of amount of meals served. · Delivery cases must be clearly labeled with content, quantity, and date. · Specify minimum order quantities for frozen, fresh, and shelf-stable meals. · Lead time for ordering and procedure for substitutions must be clearly identified. · Explanation of ordering practices, invoice procedures, and terms of payment. · Indication of ability to accept USDA commodities and systems for storage and use of such items. · Demonstration of financial capability. · Required Nutritional Analyses for all meal items as per standards specified by the Alliance for Aging of Dade and Monroe Counties and the Florida Department of Elder Affairs and described in Item 2, below. The Provider will submit a bid based on a four- (4) \veek menu cycle, and based on the five-day Menu Sample provided in Attachment I. However, menus are not limited to the items shown in the Menu Sample and caterers' comparable menu cycles may be presented. Menus must comply with the following: 8 · The special needs of older adults must be considered in all menu planning, food selection, and meal preparation. The meals provided must meet a minimum of one-third of the Recommended Dietary Allowances for older adults as specified in the most current requirements of the FL. Department of Elder Affairs, as established by the Food and Nutrition Board of the National Academy of Sciences, and all requirements ofthe US Department of Agriculture. The meals must also comply with Title III-C Meal Standards as specified in the most current guidelines established by the Florida Department of Elder Affairs, including Nutritional Analyses, see Attachment 4. When planning menus, the Age 70+ male DRI's/ AI's must be followed. Also, the following nutrients must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium, sodium, Vitamins, B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12, and Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one week. However, no individual meals should exceed 1200 mg of sodium. · The types of food to be provided include: entree; vegetable, fruit, milk (low-fat), dessert, juice, salad, beverage, condiments, butter or margarine. Please refer to Attachments 1. and 4. for additional information. · Meal development and food preparation should comply with the Dietary Guidelines for Americans, published by the Secretary of the Department of Health and Human Services and the United States Department of Agriculture. Meal Services and operational procedures will be provided in a manner consistent with the most current edition of the FL Department of Elder Affairs Programs and Services Manual and the FL Department of Elder Affairs Financial Management Manual. This includes required Nutritional Analyses for all meals including Total Meal Systems (TMS). The Age 70+ male DRI's/AI's must be followed when planning menus. Also. the following nutrients must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium, sodium, Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B 12, and Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one week. However, no individual meals should exceed 1200 mg of sodium. · In addition, an "Attestation Statement" must be provided and signed by the Provider's licensed Dietitian. (A sample of the Attestation Statement is provided in Attachment 4.) In the event these manuals are revised, current changes will be incorporated into the Agreement and the Provider will be advised of any changes in requirements. · All foods must be prepared and served in a manner to present optimum flavor and appearance, i.e. "eye and taste appeal, while retaining nutrients and food value. · Menu planning should take into consideration special needs of elders such as the restricted use of sodium, sugar, and saturated fats. All menus must be consistent with the nutritional guidelines and analyses required by the Florida Department of Elder Affairs. All meals are to be low sodium and meet the limits and standards as currently specified by the Florida Department of Elder Affairs. No single meal is to exceed the required amount of sodium or, an acceptable optional menu item will be offered. As such, creativity and adaptability of cooking may be necessary, including the use of alternative herbs, seasoning, and/or salt substitutes, as appropriate. This also requires knowledge of food and condiment content. · As dctcm1ined by both parties, Provider must agree to supply low sodium and low calorie therapeutic meals as necessary, at no extra charge. 9 . Nu1xitional Analyses of food items must be available pursuant to the requirements of the Florida Department of Elder Affairs. Analyses must be based upon the recipes required for specified menu items and verify the provision of one-third (33-I/3%) of the RDA (Recommended Dietary Allowance) for adults aged 70+, as established by the Food and Nutrition Board of the National Academy of Sciences _ National Research Council and the Florida Department of Elder Affairs. This includes specific amounts and percent ofRDA of the nutrients, including protein, carbohydrates, calcium, sodium, potassium, Vitamins A and C, thiamin, niacin and folic acid. Nutritional Analyses of food items must be available pursuant to the requirements of the Florida Department of Elder Affairs. Analyses must be based upon the recipes required for specified menu items and verify the provision of one-third (33-V3%) of the RDA (Recommended Dietary Allowance) for adults aged 70+, as established by the Food and Nutrition Board of the National Academy of Sciences -National Research Council and the Florida Department of Elder Affairs. This includes specific amounts and percent ofRDA ofthe nutrients, including protein, carbohydrates, calcium, sodium, potassium, Vitamins A and C, thiamin, niacin and folic acid. Menus must be based on the Age 70+ male DRI's/AI's. The following nutrients must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium, sodium,Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12, and Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one week. However, no individual meals should exceed 1200 mg of sodium. · Provider should have the ability to perform research and special studies and provide technical assistance regarding significant changes in State and/or Federal Regulations and/or requirements, which could seriously affect the price and/or quality of specified items, method of doing business, and operations of the program. And, in addition, Provider will identify impacts and recommend proposed remedies, if possible. If available, Provider will offer technical assistance and share this type of information with the Nutrition Program. · Menu plans must provide standard volume recipes with ingredient lists for a minimum of all entrees. Tested, quality recipes, adjusted to yield the number of servings needed, must be used to achieve the consistent and desirable quality and quantity of meals. :. Menus submitted by the Provider must be developed by a Licensed Registered Dietitian who meets all requirements and standards specified by the Federal Older Americans Act, the Florida Department of Elder Affairs, the Alliance for Aging of Dade and Monroe Counties, and/or Monroe County. The Dietitian must provide a signed "Attestation Statement" shown in Attachment 4. All menus must be submitted for approval by the Program's Nutritional Consultant and Nutrition Program Director at least 6 weeks prior to implementation. · :\lenu revisions will occur at a maximum of six (6) month intervals. New menu cycles will be adjusted whenever appropriate to allow for a variety in menus, to lower meal cost, to accommodate seasonal availability of raw food items, to reflect consumer preferences, but no less often than semi-annually and with approval of the Nutrition Program. Emphasis should be placed on including a variety of dishes in the menus and meal cycles. An opportunity for choice should be available as much as possible and in accordance pursuant to any standards promulgated by the FL Department of Elder Affairs and/or the Local Area on Agency, the Alliance for Aging of Dade and Monroe Counties, In consultation with the Nutrition Program Director and Nutritional Consultant, the Provider will observe religious, ethnic, and seasonal preferences of specified foods and have an awareness of special 10 items possibly needed during certain holiday observances. Economic feasibility will be taken into consideration. In addition, the Provider may be requested to provide meals for holidays, special events, and picnic items in place of regular meals at no extra cost. The Provider must work with the Nutrition Program to revise menus and meal procedures, as needed to ensure acceptable meal content and quality. · Food items within the meat, vegetable, fruit, and dessert groups must be different for each day ofthe week and different for the same days of each week, thus providing a variety of food and nutrients. · Meal planning should include a variety of foods and preparation methods including, color, combinations, texture, size, shape, taste, and appearance. 6. In addition to items indicated on the menus, the Provider must supply instant decaffeinated coffee, tea, individual packets of sugar, sugar substitute, non-dairy creamer, salt and pepper in individual packets to meet the Site's needs. Appropriate condiments including ketchup, mustard, salad dressings, lemon or lemon juice, tartar sauce, etc. shall be served to accompany the menu. (Beverage and Condiment List provided in Attachment 2.) 7. The Program's Nutritional Consultant and the Nutrition Program Director must approve the final menu prior to implementation. Menu plans, as approved, must be adhered to. · If new items are introduced into the menu, a sample must be provided to the Nutrition Program and tested prior to using in meal service to clients. 8. Substitutions must be minimal and must consider the following: · Substitutions must be of similar nutritional value and may not reduce the nutritional content ofthe meal. There may be no deviation from portions specified. · Items used, as substitutes should be the closest possible to the food(s) replaced e.g. a non-meat dish like macaroni or eggs should not be replaced with a meat item. Also, consideration must be given to the meal served the day before the substitution and the meal to be used the day after the substitution. Items similar to those used in these meals should not be used, as substitutes e.g. do not serve a pasta or fish or ground meat dish on consecutive days. · The Nutrition Program Director and Site Managers must be informed when a substitution is made, including the date of substitution, the original menu item, and the substitution made. These will be kept on file at all times for Area Agency monitoring. The Provider must meet the following standards for sanitation: · Compliance with Federal, State and local regulations. · Food preparation facility inspection within the previous six (6) months. · Delivery standard for: * temperature maintenance. * sanitary conditions. · Inspection ofthe Provider's facility including area related to; food preparation, packaging, and storage areas at least twice annually by the ,\Tutrition Program and/or funding source agencies. · Requirement of a written, documented, formal, sanitation program within the facility which meets or exceeds the minimum requirements of Federal, State, municipal, or other agencies authorized to inspect or I I accredit the food service operation (further information on requirements can be found in Chapter 1 OD-13, Florida Administrative Code). · All staff working in the preparation of food must be under the supervision of a person who will insure the application of hygienic techniques and practices in food handling, preparation, and service. This supervisory person shall consult with the Provider's nutrition consultant. 10. Each meal served must meet specific criteria, which can be found in Attachment 4 of the Bid Document. 11. All food must meet all FDA 1 USDA regulations. 12. The Monroe County Nutrition Program, Alliance for Aging, and Florida Department of Elder Affairs may inspec t the food used in meals to determine compliance with all specifications and to reject food not meeting said specifications and that any food rejected for failure to meet specifications shall not be paid for by the Nutrition Program. In addition, Provider must submit to the Nutrition Program copies of all health inspection reports within seven (7) days of receipt. 13. All meals must be individually packaged, packed in secondary cases/containers, and transported in a manner, which assures maintenance of proper temperatures, quality, and condition of food and primary packaging. In addition, hot and cold food must be packaged separately, in a manner that will ensure temperature control during delivery and prevent contamination and spillage. 14. Meal containers, related items such as packages for condiments, and delivery boxes must be completely disposable. Other supplies as flatware, cups, plates, table coverings, home delivered meal containers, napkins, straws, paper towels, etc. are identified in Attachment 3, Supply List. Also, all tableware must be made of disposable materials. 15. The meals shall be transported in the Provider's vehicle(s) in such a way as to maintain the proper temperature at all times, until delivery (hot foods above 135 degrees F, cold foods at or below 41 degrees F., frozen foods at a maximum of20 degrees below zero Fahrenheit or frozen solid, and neutral foods at room temperature.) [6. In all instances, except shelf-stable meals, the food will be prepared by the Provider (caterer), pre-portioned, c.nd transported to the specified Meal Sites where Monroe County Nutrition Staff will receive them. The mode of catering shall be pre-cooked or pre-plated in the case of cold plates, kept at prescribed temperatures at the sites, and served or delivered to the clients. The Nutrition Program Staffis responsible for receiving the food, proper food storage, checking temperatures, heating or chilling the food at specified temperatures, and, serving and/or delivering the food, and suitable/prescribed clean-up. 7. Home-deliveries to Program participants are the responsibility of Nutrition Program Staff Regulations from the Florida Department of Elder Affairs as outlined in the Florida Administrative Code (F AC), Chapter 64E- 11, Food Hygiene specify that, "Perishablefoods shall be stored at such temperatures as will protect af?ainst spoilage. All potential~v hazardous foods, shall be kept at safe temperatures. " Pursuant to this, all hot food items must be delivered at a temperature of 135 degrees Fahrenheit or above, all cold food items must kept at a temperature of 4 I degrees Fahrenheit or below, and all frozen food must be kept at a temperature of 20 degrees below zero Fahrenheit. Neutral food s may be kept at room temperatures. In the event that normal delivery day falls on a holiday, arrangements can be made with the agreement of the clients to deliver meals on another day or an appropriate canned/boxed meal that meets the specified nutritional values shall be delivered the day before the holiday. 12 18. The Nutrition Program will not be required to pay for food not meeting proper specifications and/or which is damaged, defrosted, and/or otherwise inedible. 19. The Nutrition Program will procure food from other sources at,the Providers additional expense ifthe Provider fails to deliver a meal or any portion of a meal or if the food is spoiled, defrosted, damaged and unusable, or otherwise inedible. 20. The Provider agrees to notify the Nutrition Program of any extreme changes in food cost. 2. D. Emergency Meals The Provider must demonstrate ability and be capable of supplying shelf-stable emergency meals pursuant to the following conditions: 1. At the beginning of hurricane season (starts June 1 st) the Provider will supply approved shelf-stable (at least 3 month shelf-life, preferably one-year) meals requiring no cooking, heating, or refrigeration. Meals will be delivered in the amounts specified* to the following locations: · Plantation Key, Plantation Key Government Center, MM 88.5, 88800 Overseas Highway, Plantation Key, FL 33070 - 50 cases each containing 5 meals · Marathon, 535 33m Street, Marathon, FL 33050 - 50 cases each containing 5 meals · Big Pine Key, 380 Key Deer Boulevard, Big Pine Key, FL 33043 - 50 cases each containing 5 mcals. · Truman School, Key West, 1016 Georgia Street, Key West, FL 33040 - 100 cases each containing 5 meals Also, Monroe County Nutrition reserves the right to increase or decrease the number of delivery sites. · *Quantities of emergency meals may be reduced at the request ofthe Nutrition Program. Quantities of emergency meals may be increased by the Nutrition Program and delivered within a time period and a schedule determined, and agreed upon, by the Nutrition Program and Provider. · In the event of a disaster affecting Monroe County, the Nutrition Program may need additional meals and support items. The Provider should be capable of meeting requests for increased services including delivery of meals, supplies, and equipment, if necessary. Arrangements for such eventualities, including quantities and schedules will be mutually arranged and agreed upon by the Nutrition Program and Provider. Emergency meals must meet all standards applied to regular meal items, including provision of 113 ofthe RDA (Recommended Dietary Allowance) for older adults as specified in the most current requirements of the FL Department of elder Affairs, required Nutritional Analyses, and consideration of sodium and sugar content recommendations. Menus must be based on the Age 70+ male DRI's/AI's. The following nutrients must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium, sodium,Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B 12, and Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one vleek. However. no individual meals should exceed 1200 mg of sodium. Emergency meals must be easy to use, require as little preparation as possible, and be housed in disposable containers. The Provider must supply the Nutrition Program with descriptions, including Kutritional Analyses of available emergency meals as specified in Paragraph 1. of this Section. 13 2. E. Equipment Following is a list of equipment currently available at the four Nutrition Program Meal Sites, located in Key West, Big Pine Key, Marathon, and Plantation Key, which could be used by the Provider. All equipment with the exception of Milk Coolers, which are owned and maintained by the current food service provider, is the property ofthe Nutrition Program. Refiigerators . . . . . .. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . ... Chest Freezers. . ...... .. . .. '" . ... '" .. . ., . ... ... .. '" . . IIsite 5/Key West Truman School Site 3/remaining Sites 1 Key West Truman School Site 1Isite lIsite lIsite lIsite Upright Freezers........................................ Microwaves (small) .................................... Ice Machine s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... Blodgett (Zephaire) Convection Ovens............... Milk Coolers (owned by current caterer)............. · Please note that the existing warming equipment at the sites may not be compatible with all meal systems developed for the proposal. Ifpresent equipment is not adequate, suitable, or sufficient; it shall be the Provider's responsibility to provide additional equipment needed to ensure the successful operation of the program at its cost. Equipment installed by the Provider will remain the property of the Provider. Nutrition Program equipment shall remain the property of the program. · Milk coolers for each location shall be supplied and maintained by the Provider · The Provider is responsible for training Nutrition Program employees in the use ofthe selected meal system including operating and maintaining equipment, instructions on heating and chilling of meal items, and any special requirements for the meal service. It 2. F. Operational Systems 1. CatererslProviders shall describe in detail operational systems to be developed and implemented to accomplish the following tasks based on approval by the Monroe County Nutrition Program: a. Providing for meal ordering and scheduling of meal delivery service and receiving changes for them. b. Proposed record keeping and accountability with regard to billing and payment ternlS for all bills and statements to the Nutrition Program. c. Description of site supplies to be utilized with meals, i.e. plastic ware, cups, trays, etc. and site supplies for Nutrition Program staff serving meals, i.e. gloves, aprons, hair nets (if applicable), and supplies required for cleanup. i.e. garbage bags, sanitizing agents, detergents, etc., of which are to be supplied by the Provider, at no extra cost. (Also see Attachment 3. for Supply List). Samples of food service plastic ware are to be submitted with bid packages. d. Proposed method of confirmation of deliveries, this should include at a minimum, a bill of lading and a packing slip. To ensure proper credit, Nutrition Program staff, will examine items delivered and identify and note on the bill of lading unusable meals such as those that are defrosted or damaged or missing items. The Nutrition Program will then notify the Provider of any discrepancies or damaged goods in the weekly deliveries. e. Proposed method of billing should include use of invoices, which clearly identify items delivered and their prices, including, meals, component items such as, desserts, bread, margarine, etc., beverages, and supplies. Provisions should be made for deducting costs of missing and/or damaged goods on the food service statement. 2. Provide a statement describing the scope and nature of the Bidders purchasing practices, including bidding practices and any existing or proposed long-term agreements with sources of food and related supplies. 3. Provide a statement describing the Bidder's quality and quantity control standards: which will govern its purchasing of food supplies, its handling and storage of food supplies inventory, and its production, storage and distIibution of all meals and related items. I. Provide a copy of the Bidder's food safety and sanitation program. I. Provide a sample of the container in which frozen trays will be packed and shipped with the bid. Submission of a weekly delivery schedule to be decided and agreed upon by the Nutrition Program and the Provider, including the following: · Deliveries must be made to all meal sites specified in the bid document. · Deliveries will be made on weekdays only (unless the Nutrition Program agrees to other arrangements). · The delivery schedule must specify when service will be provided (day and time) at each of the Meal Site locations. · The delivery schedule should be the same e,'ery week. Deviations from the schedule, due to special circumstances, must be approved by the Nutrition Program. · Provisions for special deliveries, such as emergency meals, will be detennined and agreed upon by the Nutrition Program and the Provider. 15 2. G. Bid Costs and Price Development Providers must develop and submit a per meal cost based on the following: 1. All Food Service Providers must submit a bid for the entire program and service area as described herein and for meals to be delivered to Bayshore Manor. 2. Consideration of all information and requirements referenced in this bid document including the estimated number of meals to be served annually, Condiment and Beverage List provided in Attachment 2, Supply List shown in Attachment 3, number of meal sites, use of fresh food items and fruit on the menu, picnic lunches, special occasions, and emergency meals. 3. A per meal cost based on the per week average (including all beverages and components) that includes transportation to the following four (4) Monroe County Meal Sites: . Plantation Key, Plantation Key Government Center, MM 88.5, 88800 Overseas Highway, Plantation Key, FL 33070 . Marathon, 535 33rd Street, Marathon, FL 33050 . Big Pine Key, 380 Key Deer Boulevard, Big Pine Key, FL 33043 . Truman School, Key West, 1016 Georgia Street, Key West, FL 33040 4. Bid Prices should include information on the percentage breakdown of the cost for meals including the following factors: labor, food, supplies, (including disposables), transportation, and overhead. 5. Per meal costs are including all meals to be provided under the Agreement. Cost per box of one week's worth of meals (Total Meal System, (TMS), 5 meals per box, pre-packed) including all condiments, components, and beverages. . Bid prices should take into account the menu and food item requirements indicated in Attachments 1,2,3, and 4. . Bid prices should consider costs of all meal components and shipping to delivery sites, including dairy products, juices and bakery items. " The Bid Price s must consider such cost categories as labor, food, supplies, transportation, and overhead. A per meal cost including the purchase of any equipment necessary for freezer, refrigerator, or chiller storage and oven preparation at the meal sites for frozen and fresh entrees, added components and beverages. This includes equipment such as, convection ovens, upright refrigerators, coolers, chest freezers, and ice machines. The USD.\ plant number must be included in any bid that il1cludes frozen food, H. Administrative Information A Table of Organization of the food service establishment shal! be provided, including identitication of the individual (s) to be assigned by the Provider as having primary operational responsibility for operational 16 control of this agreement and who would be responsible for overseeing food service and delivery to the Nutrition Program if a contract is executed. 2. Provider must recognize and account for the Nutrition Program, being an element of County government, and therefore eligible for sales tax exemption in the State of Florida. 3. The Nutrition Program will require the Provider to furnish Certificates of Insurance for: Worker's Compensation; General Liability Insurance and Automobile Liability Insurance, including Bodily Injury and Property Damage; Product Liability, and Excess Liability Insurance, as necessary in such amounts as are acceptable to and specified by Monroe County. Also, all insurance coverage and policies must name the Monroe County Board of County Commissioners as additional insured. 4. The Provider is responsible for all record keeping and accountability with regard to billing and payment terms for accounts with the Nutrition Program. Also, the Provider's financial records must be open for audit purposes to Monroe County, the Alliance for Aging, and the Florida Department of Elder Affairs. Such records must be maintained for a minimum of five (5) years. 5. The Provider must be able to supply information for nutrition reporting on labor costs and raw food costs, as requested. 6. Provider must notify the Nutrition Program of any significant food cost changes. 7. The Department of Elder Affairs and the Alliance for Aging must approve the bid package and sample Contract. 8. Provider agrees to sell approximately 120-170 frozen meals per week, including related condiments, beverages, to Bayshore Manor Adult Assisted Living Facility operated by Monroe County at the same unit price as offered to the Nutrition Program. }. A reasonable effort will be made by the Provider to supply meals as agreed upon and the Provider will be given five (5) days notice of the termination of the Agreement ifthe Provider is negligent or deficient in its service or meals provided. O. The Agreement for Services may be terminated by either party by providing written notice to the other party of its intention to do so thirty (30) calendar days prior to said termination. 4. The Agreement is not assignable any person, firm, or corporation and sub-contracts shall not be entered into without the written approval of Monroe County. 3. COPIES OF RFB DOCUIHENTS A. Only complete sets of RFB Documents will be issued and shall be used in preparing the proposal. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFB Documents may be obtained in the manner and at the location stated in the ~otice of Request for Bids. 17 4. RFB REQUIREMENTS (MUST BE SUB1\tIITTED WITH BID) A. Each bid must contain evidence of the respondent's qualifications to do business in the area where the project is located. B. To demonstrate qualifications to perform the work, each respondent shall submit written evidence as to previous successful contractual and technical experience in similar work including references, description, volume of present commitments, evidence of possession of valid state, county, and local licenses covering all operations and all areas of political jurisdiction involved in the work of this project and such other data as may be requested by the County. C. Provide evidence such as an insurance Agents Statement that the required insurance limits are met, or are able to be obtained. D. The Non-collusion Affidavit, Sworn Statement under Ordinance No. 10-1990, Drug Free Workplace Form, and the Respondent's Insurance and Indemnification Statement must be submitted with bid along with other required attachments as specified. 5. DISQUALIFICA TION OF BIDDER A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the bids of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal or bid on a contract to provide any goods or services to a public entity, may not submit a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FOR.\1: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKLACE FORM and submit it with his proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. IS 6. EXA~IINATION OF RFB and BID DOCUl\IENTS A. Each Bidder/Respondent shall carefully examine the RFB and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part 0 ft he BidderlRespondent will inn 0 way relieve him 0 fthe 0 bligations and responsibilities assumed under the contract. B. Should a BidderlRespondent find discrepancies or ambiguities in, or omISSIOns from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 7. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any BidderlRespondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation w ill be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective BidderslRespondents prior to the established bid opening date. Each Bidder/Respondent shall acknowledge receipt of such addenda in his Bid/Proposal. In case any Bidder/Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each bidderlrespondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder/Respondent to verify that he has received all addenda issued before responses are opened. 8. GOVERNING LAWS AND REGULATIONS A. The BidderlRespondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge' of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Bidder/Respondent. B. The Bidder/Respondent shall include in his bid prices all sales, consumer, use, and other taxes required to be paid in accordance with the law of the State of Florida and the County of Monroe. 9. PREPARATION OF BID Signature of the Respondent/Bidder: The Bidder/Respondent must sign the bid forms in the space provided for the signature. If the Bidder./Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must foHm,\' the firm name and the \vords "Member of the Firm" should be written beneath such signature. If the Biddi:r/Respor.dent is a corporation, the title of the officer signing the proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the proposal must be submitted. The 19 Bidder/Respondent shall state in the BidlProposal the name and address of each person interested therein. 10. SUBMISSION OF BID Interested finns or individuals shall submit two (2) signed originals and five(5) copies of the Bid in a sealed envelope or box clearly marked on the outside, with the Bidder's name and "Bid - Food Service Meal Catering for Nutrition Program". If sent by mail or by courier, it shall be addressed and sent to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on Wednesday, March L 2006. Faxed or e-mailed proposals shall be automatically rejected. Proposals not received at either the specified place or by the specified date and time, or both, will be rejected and returned unopened to the bidder. All bids shall remain valid for a period of ninety (90) days from the date of opening. 11. CONTENT OF SUBMISSION The bid submitted in response to this RFB shall be printed on 8-112" x 11" white paper; shall be clear and concise and provide the information requested herein. The bid shall be tabbed and bound in a loose leaf binder and tabbed as provided in these instructions. Statements submitted without the required information will not be considered. Bids shall be organized as indicated below. The bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each BidderlRespondent must submit adequate documentation to certify the Bidder's/Respondent's compliance with the County's requirements. BidderlRespondent should focus specifically on the information requested. The following information, at a minimum, shall be included in the Submittal: A. Tab 1. Cover Page A cover page that states "BID - FOOD SERVICE MEAL CATERING for NUTRITION PROGRAM". The cover page should contain Bidder'sIRespondent's name, address, telephone number, and the name of the Bidder'sl Respondent's contact person. B. Tab 2. General Infonnation I. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if unincorporated and not a partnership, the name( s) of owners. 2. A list of the officers and directors of the entity; 3. The number of years the entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the RFB; 4. The number of years the entity has operated under its present name and any prior names; 5. \Vhethcr, \\ithin the last fi'v e (5) years, an officer, general partner, controlling shareholder or major creditor of the bidder \vas an officer, general partner, controlling shareholder or major 20 creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; 6. Customer references 7. Credit references 8. Financial statement for the most current year of operation. C. Tab 3. Relevant Experience The Bidder/Respondent shall provide a project history of the firm or organization demonstrating its experience similar to that requested in order to show its ability to comply with Paragraphs 2.A. 1 and 2.A.2 and 2.A. 4 of the Specifications. D. Tab 4. Past Performance on Similar Proiects The Respondent shall provide a list of past clients along with the following: Name and full address Name and telephone number of client contact Date of initiation and completion of contract Summary ofthe services and area served. E. Tab 5. Litigation Answers to the following questions regarding claims and suits: a. Has the bidder ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the bidder, or its officers or general partners? (If yes, provide details.) c. Has the bidder, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods, or construction services similar to those requested in the RFP? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) d. Has the bidder ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods, or construction services? (If yes, provide details.) F. Tab 6. County Forms, Licenses and Required Documents Bidder/Respondent shall complete and execute the forms specified below: 1, Bid Form 2. Proof of Inspection by State Health Department, or comparable inspection from Florida Division of Professional Regulation, USDA or County Health Department. Provider must have had an inspection from the Department of Health \vithin six months prior to submission of bid. 3. Civil Rights Compliance Form 4. Lobbying and Conflict of Interest Claust: (Ethics Statement) 5. Non-Collusion Affidavit 6. Drug Free Workplace Form 21 , , 7. Bidder's Insurance and Indemnification Statement 8. Insurance Agent's Statement 9. In addition, copies of all professional and occupational licenses shall be included in this section. A Monroe County occupational license is required to be obtained within ten days of award of the contract. G. Tab 7. Table of Organization An organizational chart of the food service establishment shall be provided, including identification of the individual (s) to be assigned by the Provider as having primary operational responsibility for operational control of this agreement and who would be responsible for overseeing food service and delivery to the Nutrition Program if a contract is executed. H. Tab 8. Compliance with Specification Requirements 1. Paragraph 2.A.S. Description of Delivery System and proposed schedule. 2. Paragraph 2.B. Description of food furnished to show compliance with Food Purchasing and Preparation Standards. 3. Paragraph 2.n. Description of Emergency Meals and compliance with requirements. 4. Paragraph 2. E. Description of Equipment necessary to prepare the meals provided, and what bidder will provide. 5. Paragraph 2.F. Provide descriptions of operational systems in paragraphs 2.F.1-3. 6. Paragraph 2.F.4. Provide a copy of the BidderlRespondent's food safety and sanitation program. I. In addition to the tabbed binders, provide a sample of the container in which frozen trays will be packed and shipped. J. Provide a shelf stable meal with the bid package. K. A plated frozen meal with dessert and bread and butter must be delivered to the Purchasing Department at the above address prior to the bid opening. 12. l\10DIFICATION OF RESPONSES Written modification will be accepted from BidderlRespondents if addressed to the entity and address indicated in the Notice of Request for Bids and received prior to bid due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Bid _ l\Ieal Catering for Nutrition Program". If sent by mail or by courier, the modification shall be addressed to the entity and address stated in the Notice of Request for Bids. Faxed or e-mailed modifications shall be automatically rejected. 13. RESPONSIBILITY FOR RESPONSE The Bidder is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 14. RECEIPT .\.;\,D OPENING OF RESPONSES 22 . , Bids will be received until the designated time and will be publicly opened. Bids shall be read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the Bids will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present. 15. DETERMINATION OF SUCCESSFUL BIDDER The bid shall be awarded to the responsible bidder with the lowest conforming bid. The quality of the product and service is also a basis of the award and the bid may not be awarded to the lowest bidder. County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, or are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the instruction to respondent and the contract documents, may be rejected at the option of the County. 16. AWARD OF BID A. The County reserves the right to reject any or all bids, or any part of any bid, to waive any informality in any bid, or to re-advertise for all or part of the work contemplated. Ifbids are found to be acceptable by the County, written notice will be given to the selected bidder of the acceptance of his proposal. B. If the award of the bid is annulled, the County may award the bid to another respondent or the work may be re-advertised or may be performed by other qualified personnel as the County decides. C. The County also reserves the right to reject the bid of a respondent who has previously failed to perform properly or to complete projects of a similar nature on time. D. A ward of a bid is contingent upon approval by the Monroe County Board of County Commissioners. E. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 17. EXECUTION OF CONTRACT The Bidder/Respondent with whom a contract is negotiated shall be required to return to the County six (6) executed counterparts of the prescribed Agreement together with the required certificates of insurance. 18. CERTIFICATE OF INSURk"iCE AND INSURANCE REQUIREMENTS The BidderRespondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, \vith Yfonroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received \\ithin the fiftet:n (15) Jay period, the contract may be a\varded to the next selected Biddcr/ Respondent. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for sen'ice of process in the State of Florida. Companies shall have an A.M. Best rating of VI or 23 , , better. The required insurance shall be maintained at all times while BidderlRespondent is providing service to County. \Vorker's Compensation Employers' Liability Insurance General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) Statutory Limits $100,000 Accident $500,000 Disease, policy limits $100,000 Disease each employee $300,000 Combined Single Limit or $100,000/person; $300,00010ccurrence $50,000 Property Damage $100,000IOccurrence; $50,000/Person; $25,000/Property Damage or $100,000 Combined Single Limit ~/ONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE GENERAL LL4BILITY AND VEHICLE LIABILITY POLICIES. 19. INDEMNIFICATION The Bidder/Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below: The Bidder/Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents, and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Bidder/Respondent or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other \\tTongful act or omission of the Bidder/Respondent, its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the Bidder's failure to purchase or maintain the required insurance, the Bidder shall indemnify the County from any and all increased expenses resulting from such delay. The tlrst ten dollars ($10.00) of remuneration paid to the respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or It:ssened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. 2it '- ~' ' t BID FORi"I BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIOl'l'ERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SL"\10NTON STREET KEY WEST, FLORIDA 33040 BID FROM: The undersigned, having authority to submit this bid, and having carefully examined the specifications, bid documents, and addenda thereto and other Contract Documents in the Request for Bids for 2006 FOOD SERVICE MEAL CATERING and having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to provide the meals as specified including delivery and any equipment necessary to prepare the meals along with the supplies and condiments, and all incidentals necessary in conformance with specifications, and other contract documents including addenda issued thereto. I, A verage Cost per Meal all meals of all types: $ Amount in Writing 2. Breakdown of Meal Cost: Labor Food Supplies, including disposables Transportation Overhead % % % % % acknowledge receipt of Addenda No. (s) have included the Bid which includes the Bid Form , the Non-Collusion Affidavit , the Lobbying and Conflict of lterest Clause Form _, and the Drug Free Workplace Form _' In addition, I have included a current copy of 'ontractor's License_, Monroe County Occupation License __, Insurance Agents Statement _, Respondent's lsurance & Indemnification Statement _, and all requirements as stated in the Instruction to Bidders, Paragraph 4. :heck mark items above, as a reminder that they are included.) ailing Address: Telephone: Fax: mature: Date: nt :'-Jame and Title: 25 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Community Services Division Bulk Item: Yes X No Department: Community Services Division Staff Contact PersonlPhone: Sandy Molina-X4500 AGENDA ITEM WORDING: Approval to enter into a Subrecipient Grant Agreement regarding the renovation at Bayshore Manor. ITEM BACKGROUND: The Agency for Health Care Administration (AHCA) issues the license for Bayshore Manor to operate as an Assisted Living Facility, An AHCA inspection notated that various repairs are needed to correct Hurricane Wilma damage, Monroe County has been awarded a Grant in the amount of+/- $320,000 from the City of Key West, Community Development Office, PREVIOUS RELEVANT BOCC ACTION: 8/15/07 - Approval to accept Grant Award and approval to advertise for bids, CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: o BUDGETED: Yes N/A No COST TO COUNTY: o SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH Year APPROVED BY: County Atty XX OMBIPurchasing XX Risk Management XX DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS -=""'- - CONTRACT SUMMARY City of Key West Contract with: Community Development Contract#_ OfficiI Effective Date: 1?/'9/?OQ7 Expiration Date: Contract Purpose/Description: Approval to enter into a Subrecipient Grant Agreement regarding the renovation at Bayshore Manor. Contract Manager: Sandy Molina 4500 #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 12/19/07 Agenda Deadline: 12/4/07 CONTRACT COSTS Total Dollar Value of Contract: $320 ,000 .00 Budgeted? Yesl!] No 0 Account Codes: Grant: $ illl. 000.00 County Match: $ -0- Current Year Portion: $ N/ A - -- ----- - -- ----- - - - - ----- - -- ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (ee. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW '~ / X(~::;;Jj7 1.\\ / J \ . 'I. 1'1 '-"'.j /1,./( -.:io- I \'t'-L{Y . """" , '.~~ --=t::~ ~ounty Attomey I ~ YesD NoEJ urw>-.1 ~J..J i? I' Comments:*' Ailftud,s CI"""~lC. f..~ (!D G- blcck (H:l"f 4S 'l ,{<;c:;- fhn'~~ to (rvJ.A dc,!; . Pvt ll"c1' iA" II be I .fJ' ~f iT. bill' dtbY+lj' Changes Dj/te In Needed Division Din:ctor /Nj'I,ol YesDNoS Risk Managerl'\ent ~) ;,),0) YesD No[0 r.z- \~ -"At;(, O.M.B.IPurehasiifg'" :~-'L ,--:YesD No~ 1)1\1B FOlll1 Revi:>cd 2'2'7.'01 ]\ilCP -r~. Date Out /'2 j 10 7 \.\ 1.)0) JZ) 13/0 /)~ SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY THIS AGREEMENT, entered into this day of (Month and Year) by and between the City of Key West, Florida, Community Development Office, hereinafter referred to as "THE CITY", and Monroe County, hereinafter referred to as "SUBRECIPIENT." WITNESSETH: WHEREAS, THE CITY has made an application for CDBG Disaster Recovery funding, and entered into a contract with the Florida Department of Community Affairs, which has received funding from the Department of Defense Appropriations Act (the Act) 2006 (Public Law 109-148 approved December 30, 2(05), through the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", pursuant to Title I of the Housing and Community Development Act of 1974 (as amended) and as a result of Hurricane Wilma in 2005; and WHEREAS, pursuant to the aforesaid application, THE CITY is undertaking certain activities to use Community Development Block Grant (CDBG) funds to: first meet the unmet housing needs ofthe elderly, people with disabilities, farm and fish workers, and persons living in poverty; then to meet the unmet housing needs of persons in FEMA housing; and finally to meet the unmet housing needs of low-to-moderate income persons; and WHEREAS, THE CITY desires to engage the SUB RECIPIENT to accomplish the aforementioned activities requisite to the accomplishment of THE CITY's goals. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein" the parties hereto agree as follows: ARTICLE ONE: DEFINITIONS 1) "CDBG Coordinator" means Meridian Community Services Group, Inc. personnel or agents acting on behalf of THE CITY that will provide project delivery services to the City's Community Development Block Grant (CDBG) Program. 2) "CDBG Program" means THE CITY's Community Development Block Grant Program. 3) "CDBG Regulations" means 24 CFR 570, Florida State Rule 9B-43, and Federal Register Volume 71, No. 29, February 13, 2006. 4) "THE CITY" means the City of Key West, Florida, Community Development Office. 5) "Community Development Office" means the City of Key West, Florida, CDO, which is managed by the Housing Authority of the City of Key West, Florida. Page I of 19 6) "Low and Moderate-Income" means those who fall within the income range set by HUD for participating in the CDBG program. The HUD income range is contained in Attachment A-1. 7) "Low and Moderate Income Facility" means the building(s) that are to be repaired using CDBG funds as outlined in Exhibit A: Subrecipient Scope of Work and, as such, are owned by or under the control of the SUBRECIPIENT, and are used to provide services to those who are Low and Moderate-Income. 8) "Program income" means only those funds generated by the Subrecipient from the use of CDBG funds. 9) "Project Delivery" means the management and implementation of the specific activities funded through this subrecipient agreement, including the enforcement of applicable rules and regulations related to the CDBG program, but does not include actual construction or design. 10) "Non-expendable property" is property that is tangible personal property having a useful life of one year and acquisition cost of $5,000 or more per unit. ARTICLE TWO: SCOPE OF SERVICES THE CITY, shall carry out or cause to be carried out the scope of work described or referred to in the Exhibit A: Subrecipient Scope of Work, which is attached hereto and made a part hereof. It is in THE CITY's interest that all activities undertaken by the SUBRECIPIENT are in compliance with the provisions set forth in the Agreement. Therefore, the CDBG Coordinator will assist the SUB RECIPIENT in all aspects of compliance with the provisions of this Agreement and will provide technical guidance and direct project monitoring. ARTICLE THREE: MODIFICATION OF SCOPE OF SERVICES This agreement constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. For any material change in the Scope of Services or any increase in the compensation for the services, THE CITY and CDBG Coordinator and the duly authorized representative for the SUB RECIPIENT shall agree in writing to this change. For all other changes, the CDElG Coordinator and the SUBRECIPIENTS representative shall agree in writing to the change. ARTICLE FOUR: READINESS TO PROCEED/TIME OF PERFORMANCE Execution of this agreement is certification by the SUBRECIPENT of readiness to proceed with the scope of work outlined in the Exhibit A: Subrecipient Scope of Work of this agreement. Page 2 of 19 The timely performance and completion of the required Scope of Work Is vitally important to the interest of THE CITY. THE CITY shall pay invoices directly utilizing COBG funds with SUBRECIPIENT and COGB Coordinator approval. The SUBRECIPIENT shall provide all required information and documentation necessary to complete all services described In Exhibit A: Subreclpient Scope of Work.. ARTICLE FIVE: CONSIDERATION AND LIMITATION OF COSTS A. THE CITY shall cause payment to be made to the SUBRECIPIENrs contractor for allowable costs, determined by THE CITY, in an amount not to exceed $320,000.00 for the Exhibit A: Subreclpient Scope of Work. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess, unless otherwise approved by THE CITY in writing. The County Administrator is authorized to amend the Subrecipient Agreement to accept an amount up to 15 percent (15%) above the above- referenced grant award In the event that bid prices are higher than anticipated. B. J\II improvements specified In Exhibit A: Subreclpient Scope of Work shall be put out to competitive bidding by Subreclplent under a procedure acceptable to THE CITY and federal requirements. The SUBRECIPIENT shall enter into contract for Improvements with the IImest responsive and responsible bidder. Project delivery related to this Agreement shall be provided by the COBG Coordinator with assistance, as needed, by the SUBRECIPIENT, and Sihall be monitored by the COBG Coordinator and the Florida Oepartment of Community Affairs, which shall have access to all records and documents related to the project. C. The COBG funds are provided as a zero percent (0%) interest deferred payment loan to the SUBRICIPIENT with the exception of units of local government and public housing aluthorities. ARTICLE SIX: PAYMENTS A. Invoices that have been reviewed and approved by the SUBRECIPIENT and COBG Coordinator and THE CITY shall be paid directly by THE CITY utilizing COBG funds. In both cases, payment will be limited to Items In Exhibit A: Subreclplent Scope of Work. Payments should adhere to the payment schedule contained in the contract between the SUBRECIPIENT and the contractor. B. The SUBRECIPIENT shall submit payment requests to THE CITY. These requests will only be approved If: 1. The contractor's requests for payment have been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original Invoice. 2.. This Agreement does not include reImbursement for project administration expenses. 3. Upon receipt of the above enumerated documentation, and approval by THE CITY and the COBG Coordinator, THE CITY will Initiate the payment process. Page 3 of 19 ARTICLE SEVEN: COMPLIANCE WITH STATE AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of this Agreement, the SUB RECIPIENT agrees to provide all required information and documentation necessary for THE CITY to comply with any applicable state and Federal laws, rules, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, rules, regulations and orders that may be applicable to CDBG activities. The CDBG Coordinator shall provide assistance to the SUBRECIPIENT in the application of these law, rules and regulations as they apply to the SUB RECIPIENT's Scope of Work. APPLICABLE LAWS, RULES AND REGULATIONS 1 . 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Ri!;lhts Act. 4. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. EXltCutive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 7. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age, Discrimination Act of 1973 9. Natiional Flood Insurance Act of 1968 10. 24 GFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 11. Contract Work Hours and Safety Standards Act Page 4 of 19 12. LEiad Based Paint Poisoning Preventive Act 13. SEtction 504 of the Rehabilitation Act of 1973 14. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 15. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-2. 16. Re,vised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086, 41 CFR Part 60-2. 17. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 18. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 . which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 19. Copeland Anti-Kickback Act 20. Flo,rida Statutes, Chapter 112 - which deals with conflict of interest. 21. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 22. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 23. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 24.0MB Circular A-133 - concerning annual audits. 25. Section 109, Public Law 100-202 - which restricts the awarding of public works conltracts to firms from foreign countries with unfair trade practices. 26. 24 GFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 27. Rulli 9B-43, Fla. Admin. Code. Page 5 of 19 28. Fla. Div. Housing & Community Development Emergency Rule 9B ER 06-1, CDBG Disaster Recovery Initiative. 29. HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 71, No. 29 (February 13, 2006). 30. Horida Statutes, Sections 290.0401 through 290.048. 31. Public Law 109-148 2006, approved 12-30-05 allocating Federal funds for Hurricane Wilma recovery. ARTICLE EIGHT: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize THE CITY as the recipient funded by the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development and the entity that provided funds for the project. All projects undergoing improvements must post a project sign. ARTICLE NINE: MANAGEMENT ASSISTANCE The CDBG Coordinator will assist the SUBRECIPIENT and provide guidance on CDBG requirements and their implementation to ensure the timely and efficient completion of the project. ARTICLE TEN: MAINTENANCE OF RECORDS The SUB RECIPIENT shall maintain all records required by the CDBG Regulations and as deemed necessary by the appropriate Office of Management and Budget Circular. A. The SUB RECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CDBG Coordinator to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUB RECIPIENT shall maintain all necessary financial records as required by CDIBG Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard SUB RECIPIENT procedures. .B. The SUBRECIPIENT shall collect information recording the eligibility of all beneficiaries and shall make this information available to THE CITY and the CDBG Coordinator in an accurate and succinct format. The data will include the total number of beneficiaries, their income level, race, age, ethnicity, handicap status, and Female Head of Household datal. Page 6 of 19 All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CDBG Coordinator, THE CITY, HUD, or Comptroller General of the United States, or other federal agency, may deem necessary. THE CITY shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUB RECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for five (5) years after either the resolution of the final audit or HUD approval of the closeout Grantee Performance Report, whichever is later. ARTICLE ELEVEN: CONTRACT LIABILITY THE CITY shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUElRECIPIENT; and there is no contractual relationship, either express or implied, between THE CITY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to THE CITY hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTI;REST No employee, agl9nt, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or has exercised any function or responsibility with respect to CDBG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG assisted activity or with respect to the proceed of the CDBG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. a. CITY and SUBRECIPIENT covenant that neither presently has any interest and shall not acquire any interest which would conflict in any manner or degree with its performance under this agreement, and that the only interest of each is to perform and receive benefits as recited in this agreement. b. SUElRECIPIENT agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; Page 7 of 19 unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. c. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for repair or construction of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. d. Both parties warrant that they have not employed, retained or otherwise had act on their behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in iits discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. ARTICLE FOUR:TEEN: INDEMNIFICATION To the extent allowed by Section 768.28, Florida Statutes, the SUBRECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the Florida Department of Community Affairs, the CDBG Coordinator, THE CITY, its Commissioners, officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the SUBRECIPIENTS or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance orfailure to perform under the terms of this Contract. Pursuant to F.S.S. 725.06(2), the Contractor shall indemnify and hold harmless the CDBG Coordinator, THE CITY, its Officers and Employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value of the improvements with a loss payable clause in favor of THE CITY and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to Page 8 of 19 the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. ARTICLE FIFTE:EN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as described in Exhibit "B" attached hereto and made a part thereof. ARTICLE SIXTE:EN: NON-ASSIGNABILITY The SUB RECIPIENT may not assign this Agreement without the prior written consent of THE CITY. However, should SUB RECIPIENT transfer ownership of the Property and Scope of Work described in Exhibit A: Subrecipient Scope of Work, SUBRECIPIENT shall assign this Agreement to such subsequent owner and such subsequent owner shall be bound by all the terms and obligation of SUBRECIPIENT, herein. ARTICLE SEVENTEEN: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE EIGHTEEN: PROGRAM INCOME It is not anticipated that there will be program income under this activity; however, in the event that any program income is received during the contract, the SUBRECIPIENT must retain such income for use as specified in this Agreement. Such program income will be immediately reported to THE CITY and the reimbursement request will be reduced accordingly. If any income is received after the term of this Agreement, or at the end of the year when all remaining items have been budgeted, the program income will be returned to THE CITY for proper accounting into the CDBG fund. ARTICLE NINETEEN: SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination may occur if the SUBRECIPIENT materially fails to comply with any term of this Agreement. The Agreement may also be terminated, by either parties, for convenience in accordance with 24 CFR 85.44, which provides for termination for mutual convenience, or partial termination for specified reasons. ARTICLE TWENTY: CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. Page 9 of 19 ARTICLE TWENTY-ONE: CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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. (2) If any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. ARTICLE TWENTY.TWO: DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD rules at 24 CFR part 24, subpart F. ARTICLE TWENTY-THREE: ADDITIONAL DOCUMENTATION The SUBRECIPIENT, as a condition of being awarded must sign all other documentation required by THE CITY, including but not limited to, a SUBRECIPIENT Agreement and Contract for Construction regarding the above-reference property and project as enumerated in the Exhibit A: Subrecipient Scope of Work. In addition, a Promissory Note and Mortgage will also be required unless the property is exempt as identified in ARTICLE FIVE: Section C of this document. ARTICLE TWENTY-FOUR: DUPLICATION OF BENEFIT The intent of this CDBG program is to provide funds to repair hurricane-damaged facilities where no other funds are available. In some cases, the SUB RECIPIENT may have received FEMA assistance and/or private insurance proceeds to repair hurricane-damaged facilities. In any event, the SUBRECIPIENT must provide documentation to THE CITY that Duplication of Benefit has not occurred, i.e., that another source offunds has not been made available to effect the same repairs as those funded with CDBG funds. Page 10 of 19 Therefore, the SUBRECIPIENT must document one of the following: That FEMA and/or insLirance proceeds were not received; that FEMA and/or insurance proceeds were received and utilized but did not adequately address all required repairs; that FEMA and/or insurance proceeds were received and are held by the SUBRECIPIENT and will be the first funds used to effect the repairs as identified in the Exhibit A: Subrecipient Scope of Work; or that the SUBRECIPIENT has filed a claim and/or appeal with FEMA and/or the insurance company and that such claim and/or appeal is actively underway. In the event the SUBRECIPIENT receives FEMA and/or insurance proceeds during the period of this agreement for those items identified in Exhibit A: Subrecipient Scope of Work, the SUBRECIPIENT will inform THE CITY of such settlement in writing. Upon such notification, THE CITY will reduce the COBG award by the amount of settlement proceeds intended to repair items in the Scope of Services. In the event the Scope of Services has been completed and settlement proceeds are subsequently received, the SUBRECIPIENT will remit to THE CITY that portion of settlement proceeds intended to repair items in the Scope of Services. THE CITY will treat such funds as program income. ARTICLE TWENTY-FIVE: AFFORDABILlTY PERIOD. An Affordability Period often (10) years from the date of execution of this agreement will apply to the SUBRECIPIENT's facility identified in Exhibit A: Subrecipient Scope of Work. The SUBRECIPIENT hereby declares its understanding and intent that, during the ten-year Affordability Period, the facility is to be owned or leased, managed and operated, as a Low and Moderate Income Facility. The SUB RECIPIENT will maintain records of occupancy as described in Article Ten: Maintenance of Records, B, for the life of this agreement. In the event the Subrecipient is in default of the terms of Article Twenty-Five, the terms of repayment, which are outlined in the Mortgage and Note, will be enforced. ARTICLE TWENITY-SIX: MISCELLANEOUS a. No Assignment: Grantor will not assign or subcontract its obligations under this agreement, except in writing and with the prior written consent of the Board of County Commissioners. b. Notice requirement: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, return receipt requested to the following: For County: County Administrator, 1100 Simonton Street, Key West FL 33040. For City of Key West: supply name and address for contact. c. Governing Laws and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and intended to be performed within the State of Florida. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the CITY and SUBRECIPIENT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Page 11 of 19 Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. d. Public Records: Each party to this agreement shall allow reasonable access to and inspection of all documents, papers, letters, or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, made or received by the SUBRECIPIENT or CITY in connection with this agreement, and the SUBRECIPIENT shall have the right to cancel this agreement unilaterally for violation of this provision by CITY. e. Severability: If any term, covenant, condition or provision of this agreement shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first above written. SUBRECIPIENT : By: (Print Name) Its: GRANTEE: ATTEST: CITY OF KEY WEST, FLORIDA, COMMUNITY DEVELOPMENT OFFICE By il;lCNflO(: ;.~;,..:'-Jt'~ /'( :\rl\.)flNEY ..~rPRO_V~~::A~ _r~"__._ i~;Hli\ L HALL i~SSIJ.r/~J~._!:~1 (,~',li!.....'NTY ,L\TTORi~EY 'J2.(8_.,I":~ ."IJ1.'::..LLl'"+ Page 12 of 19 EXHIBIT A: SUBRECIPIENT SCOPE OF WORK The SUB RECIPIENT will use the CDBG funds for the following: The Work Write-Up is Addendum to Exhibit A. This activity will not include the purchase of appliances, furniture or any other equipment that requires a physical inventory according to Federal Regulations 24CFR 85.32. Page 13 of 19 Addendum to Exhibit A 1.0 ROOFING REOUlREMENTS: (A) Roofing inspections shall be the responsibility of the contractor, allowing a minimum of 24 hours for coordination of inspections or as directed by the local building official. Removal of existing roofing shall comply with the ACM report and recommendations. (B) Roofing and re-roofing shall not be done during inclement weather. (C) Roofing and re-roofing shall include all underlayments, all metal flashing, and all roof coverings as follows: 1. Re-roofmg requires the re-nailing of the existing sheathing to meet current building code requirement. 2. Metal flashing, valley flashing, chimney flashing, wall flashing, counter flashing, cantstrips, chimney crickets and flashing all protrusions through the roof such as pipes, vents and stacks. 3. Roof covering materials shall be synthetic rubber membrane for low slope areas and fiberglass shingles in pitched areas. 4. Fiberglass shingles shall be no less than a Class" A" fire, and wind rating of 130 MPH such as Owens-Corning Oakridge Pro 40 or equivalent and shall be provided with no less than a forty (40) year limited warranty, and shall be attached per manufacturer's specifications. 5. Synthetic Rubber membrane shall be EPDM (Ethylene Propylene Diene Monomer) single ply rubber membrane roofing or equivalent. Membrane roofing to be installed per manufacturers instructions. Roofmg shall not be installed over existing (old) roofing or on roofs with damaged, deteriorated or missing sheathing and/or framing, such as trusses or rafters. Replace any deteriorated roof decking and support members discovered after removal of roofing materials. Do not cover any replaced decking until unit measurement can be verified by the owner. 1.1 GUTTERS AND DOWNSPOUTS (A) The Formed Aluminum Gutter shall be as manufactured by Architectural Products Company or equivalent. The Gutter shall be 5005-H34 alloy aluminum in 10'0" (305cm) lengths with 6" (15cm) concealed aluminum joint covers. All exposed aluminum shall have a white finish. -1- Addendum to Exhibit A The Formed Downspouts shall be as manufactured by Architectural Products Company or equivalent. The downspouts shall be 5005-834 alloy aluminum in 10'0" (305 cm) lengths. All exposed aluminum shall have a white finish. Gutters and downspouts to be installed as per manufacturer's specifications. Splash Blocks shall be precast concrete products and installed with proper slope and distance from the building to drain water away from the foundation. 2.0 FLOOR TILE (A) Preparation of the substrate will involve the removal of any existing adhesive, grout or deleterions material that will affect the adherence of the new floor tile. (B) The new tile shall be non-slip surface, size and color to be selected by the owner. Grout shall be finished smooth and level with floor tile. (C) Install American Olean Tile Company Ceramic Floor Tiles "Quarry Naturals" or equivalent. Tiles shall be non slip floor tiles designed to meet ADA standards to prevent slipping and falls from occurring. Tiles shall have a coefficient of friction of at least 0.6 when wet. 3.0 TOILETS (A) Toilets shall be white vitreous china by American Standard or equivalent. Toilets for handicapped shall be no less than eighteen inches (18") from finished floor to seat. Toilets shall include back flow preventer water control with volume regulator, flush valve and trip lever. 4.0 DOORS (A) Interior doors to be replaced with new pre-hung doors including new hardware. Doors to be similar style as existing units. Remove existing door frames and jambs. Install doors as per mannfacturer's specifications. Repair any adjacent surfaces that received damage from removal of frames and jambs. Repairs to be performed to match existing adjacent surfaces. -2- 5.0 PAINTING Addendum to Exhibit A Compliance with the work write-up, manufacturer's specifications and specifications herein as required. Paint shall be Porter Paint exterior grade latex based paint or equivalent. Pressure treated wood trim shall be Porter Paint exterior grade oil based paint or equivalent. 5.1 PREPARATION: (A) Preparation shall include: cleaning, sanding, scraping, fIlling holes and cracks, caulking, sealing, pressure treating, moisture proofing and protection of surfaces and surrounding areas. (B) Prepare surfaces prior to applying paint, stain, varnish, etc. 1. Foreign material (nails, hooks, fasteners, wall paper, etc.) shall be removed unless properly installed and deemed necessary by the owner. 2. Holes, cracks, and indentations shall be properly fIlled, surfaces scraped, cleaned and sanded uniformly smooth. 3. Porous surfaces, chalky surfaces, old painted surfaces, masonry, such as block, stucco, and concrete slabs, shall be cleaned and sealed before painting. 4. Proper precautions shall be taken by the contractor and his painters to protect all surrounding surfaces, flooring, and landscaping from possible damage and paint splattering. 5.2 APPLICATION OF PAINT: (A) Paint shall be applied to a mil thickness of no less than five (5) mils per coat. (B) For two (2) or three (3) coat application, the first coat shall be prime coat or sealer coat, as applicable. (C) A minimum of two (2) coats of paint shall be applied to new surfaces. Additional coats may be required by the work write-up or to obtain full coverage. (D) Exterior wood surfaces shall be covered with latex based paint unless otherwise directed by the work write-up or specifications. All pressure treated wood shall be painted with oil based paint. 5.3 SELECTION: -3- (B) 6.0 (A) 7.0 (A) (B) Addendum to Exhibit A (A) Owner shall be provided an adeqnate color selection guide (brochure chart, etc.) with a wide range of colors to choose from. Contractor shall assure that paint selected is appropriate for surface (masonry, exterior wood, etc.). Owner's choice shall be documented in order to avoid disputes regarding color. CEILING FANS Install Hunter Exterior Fan model number 23696 or equivalent. Color to be selected by Owner. EXTERIOR CONCRETE FLOORS Exterior porches shall be thoroughly cleaned and sealed with a bonding agent associated with the proposed new surfacing material. Prior to applying the bonding agent, all patching of damaged areas should be performed using epoxy patching materials for proper bonding of new concrete areas with existing. Exterior porch paint shall be DRYLOK" EI I-PART EPOXY FLOOR PAINT or equivalent. Paint shall be applied as per manufacturer's instructions. -4- Addendum to Exhibit A City of Key West, County Wide Disaster Recovery Initiative CONTRACT #07DB-3V-II-54-02-Z03 WORK WRITE-UP/BID FORM OWNER: Monroe County - Bavshore Manor ADDRESS: 5200 Colle!!:e Road. Kev West PHONE #: John Kin!!: - (305) 292-4431 DATE: September 7. 2007 The work writt:-uplbid form is a general outline of the work to be performed. Please refer to the project specification booklet for detailed instructions for each item noted below. Asbestos Containing Materials were encountered and are incorporated as part of the work. See attached ACM report. Item # Syst<em Description of Work Location Price 001 ROOF Replace existing roof shingles and low slope All PRIMARY roof membrane with new 30 year shingles, and BI][) new low slope roof membrane. Provide a unit price for the replacement of any Unit Price deteriorated roof decking and support members discovered after removal of roofing materials. Re-nail all roof decking to meet current codes. Install new gutters, downspouts, and splash blocks throughout. Asbestos Containing Materials were encountered and are incorporated as part of the work. See attached A CM report. 002 FLOORING Replace flooring in all habitable areas of All PRIMARY building with new skid resistant ceramic tile. BID Preparation for new flooring shall include the removal of existinl!: floorinl!: (including Owner Si'Jnature: Contractor Signature: Page 1 of 5 KEY WEST / WWU-BID FORM Addendum to Exhibit A recommendations and requirements documented in the attached ACM report). Grouting of tiles shall result in a smooth finish. 003 PLUMIBING Replace four (4) existing non-handicap toilets Various PRIMARY with new handicap accessible toilets and BIll) handicap grab bars. 004 SEQUENCE Prepare a proposed plan of action providing Timeline PRIMARY sequencing of events. Sequence of events shall BII) be performed to insure the least disturbance of residents, temporary relocation of furniture and equipment, and a timeline for accomplishing the rehabilitation. 005 DOORS Replace 40 interior doors with new pre-hung Various ALTERNATE doors, including new hardware. BII) # 1 006 PAINTING Paint exterior of building and trim. All ALTERNATE BII) # 2 007 CEILING Replace fourteen (14) existing porch fans with Porch FANS new exterior rated porch fans. ALTERNATE 811) II 3 008 EXTERIOR Prep and repaint exterior walkway concrete WALKWAYS (approx. 2250 sq. ft.). See specifications for ALTERNATE details. BII) # 4 Owner Sig'nature: Contractor Signature: Page 2 of 5 KEY WEST I WWU-BID FORM Addendum to Exhibit A TOTAL PRIMARY BID>>>>>>>>>>>>>>> TOTAL ALTERNATE BID # 1>>>>>>>>> TOTAL AL TERNA TE BID # 2>>>>>>>>> TOTAL AL TERNA TE BID # 3>>>>>>>>> TOT AL ALTERNATE BID # 4>>>>>>>>> One or more of the alternate items may be awarded if funding is available. Bids will be awarded in the best interests of the City of Key West. Owner Signature: Contractor Signature: Page 3 of 5 KEY WEST / WWU-BID FORM Addendum to Exhibit A THIS PAGE MUST BE INCLUDED WITH THE BID FOR IT TO BE VALID All work to be performed in a workmanlike manner, in accordance with the City of Key West/Countywide Specifications, local codes, and manufacturer specifications. The contractor shall be responsible for repairs and/or reinstallations of materials/equipment/fixtures damaged or removed due to any work item contained herein. Contractors shall properly dispose of all fixtures, materials and other items removed from the property unless otherwise specified herein. All items must be cost itemized in the space provided or the bid will be rejected. Work must be completed and approved within days of the issuance of the Notice to Proceed. The unit is to be occupied; vacant for days. I hereby certify that I am licensed by the State of Florida, Department of Business and Professional Regulation, and that I am eligible to participate in the CDBG program. I also agree that change orders above the original contract amount shall only be paid for with CDBG funds to correct documented code violations or to meet Section 8 Housing Quality Standards. Change orders must be approved by the owner or his reprlesentative, the contractor, and local government prior to any initiation of work based on that change order. Contractor's Name (Print Name): Contractor's Sigmlture: Contractor's Address: Contractor's Phon Ie Number: Owner Si"nature: Contractor Signature: Pa"e 4 of 5 KEY WEST / WWU-BID FORM Addendum to Exhibit A DATE SUBMITTED: OFFICIAL USE ONLY DATE ACCEPTED: BID OPENED BY: WITNESSED BY: DATE OPENED: TIME: WORK WRITE-UP PREPARED BY: Jav Moselev Date: October 9. 2007 Owner Sig"nature: Contractor Signature: Page 5 of 5 KEY WEST / WWU-BID FORM EXHIBIT B INSURANCE The SUBRECIPIENT shall be responsible for assuring that any contractor selected maintains adequate insurance for the activities performed under this Agreement. The contractor shall maintain in force, between the time that the contractor commences the work provided for in this Agreement and the time that such work is completed, comprehensive public liability insurance protecting the SUB RECIPIENT for not less than $100,000/$300,000 in the event of bodily injury, including death, and $100,000 in the event of property damage arising out of the contractor's operations under this Agreement, whether such operations be by the contractor, any subcontractors or suppliers engaged by the contractor in connection with such operations, or anyone directly or indirectly employed by either the contractor or such subcontractors or suppliers, and such insurance or other coverage as is required by Florida law governing Workman's Compensation. Before commencing the work provided for in this Agreement, the contractor shall furnish the COBG Coordinator with certificates showing that the required insurance is in force. The contractor's insurance policies shall also be submitted to the COBG Coordinator for approval, and shall be endorsed to provide that the policies will not expire or be cancelled or changed until ten (10) days after written notice of expiration, cancellation or change has been delivered to THE CITY. The SUBRECIPIENT shall also maintain in force during the same period a property and/or builder's risk insurance policy adequate to cover the existing property and the work against damage or loss for which the contractor is not responsible. Coverage shall provide for perils of fire and extended coverage of other forms of damage and/or loss, to the full insurable value of the property. Page 14 of 19 ATTACHMENT A-1 INCOME LIMITS FOR THE CITY HOUSEHOLD SIZE LOW-MODERATE 1 2 3 4 5 6 7 8 $34,150 $39,050 $43,900 $48,800 $52,700 $56,600 $60,500 $64,400 Page 15 of 19 Federal Labor Standards Provisions HUD Form 4010 U.S. Department of Housing and Urban Development ATTACHMENT A-2 Applicability The Project or Pmgram to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appiicable to such Federal assistance. A.1. (I) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project. will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardiess of any contractual relationship which may be alleged to exist between the contr<lctor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bOllli fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behaif of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisiOns of 29 CFR 6.5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekiy period (but not iess often than quarterly) under plans, funds, or programs, which cover the particular weekiy period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fring'~ benefits on the wage determination for the . . . ~ed, without regard to skil. . 1.5(a)(4). Laborers or me none ciassification ma pecified for each cia d therein: Provided tha urateiy set forth th~ tlm work is performed. Th any additional cia . under 29 CFR Part 5.5 r (W-1321) shall be po its subcontractors at the d accessible place wh rs. hanics which is not list h is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional ciassification and wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a ciassification is the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, inciuding any bona fide fringe benefits, bears a reasonabie relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the ciassification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or lis designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additionai time is necessary. (Approved by the Office of Management and Budget under OMB controi number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the ciassification or their representative, and HUD or its designee do not agree on the proposed ciassification and wage rate (including the amount designated for fringe benefits, where appropriate). HUD or its designee shall refer the questions, including the views of all interested partle$ and the recommendation of HUD or its designee, to the Adminlstrlitor for determination. The Administrator or an authcrized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and budget under OMB Control Number 1215- 0140.) (d) The wage rate (inciuding fringe benefits where appropriate) determined pursuant to subparagraphs (1 )(b) or (c) of this paragraph, shall be paid to all workers performing work '~ the classification under this contract from the first day on which work IS performed in the ciassification. (III) Whenever the minimum wage rate prescribed in the contract for a ciass of laborers or mechanics inciudes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (IV) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the pian or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) A.2. Withholding. HUD or its designee shall upon its own Page 16 of 19 Fe'deral Labor Standards Provisions HUD Fonn 4010 U,S. Department of Housing and Urban Development action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor. or any other Federally assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics. including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project). all or part of the wages required by the contract, HUD or its designee may, aftelC written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are dUE!. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. A.3. (I) Payrolls alnd basic records. Payrolls and basic records relating thelCeto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United State$ Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). $uch records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages pai in I din r s of n i i costs anticipated for bo ." .~. lents thereof of the typ e Davis-Bacon Act), dai ed, deductions and act retary of labor has fou' the wages of any iab ount of any costs fits under a plan or of the Davis-Bacon which show that the nforceable. that the , and that the pian or ng to the laborers or h show the costs in providing such benefits. Contractors employing apprentices or trainees under approved prowams shall maintain written evidence of the regulation of apprenticeship programs and certification of trainee programs. the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) (II) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party. the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be. for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form W-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1). U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149.) (b) Each payroll submitted shall be aCcompanied by a "Statement of Compliance," signed by th<:! contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, witheM rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permiSSible deductions as $at forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed as specified in the applicable wage determination incorporated Into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3(11 )(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 otTitle 18and Section 231 of Title 31 of the United States Code. (III) The contractor or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant. or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon Page 17 of 19 Federal Labor Standards Provisions HUD Fonn 4010 U.S. Department of Housing and Urban Development request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 6.12. AA. (I) Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeshllp program registered with the U.S. Department of Labor. Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau. or if a person is empioyed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship pro!Jram. who is not individually registered in the program. but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate to be eiigible for probationary empioyment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is 110t registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered. the ratios and wage' rate$ (expressed in percentages of the journeylTlan's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's levei f r r~ex r percentage of the jou .,'I'lillir e applicable wage det id fringe benefits in ac the apprenticeship pr does not specify frin d the full amount of frin termination for the ap ator determines that a piicable apprentice cia ccordance with that det f Apprenticeship and Tra' ' cy recognized by the Bu nticeship program, the. to utilize apprentices at I d rate for the work performed until an acceptable program is approved. (II) Trainees. Exc'=pt as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The I'atio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the appiicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shail be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less that full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training AdlTlinistration shall be paid not less than the applicable wage rate on the wage, determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be. paid not less than the applicable wage rate on the wage detelmination for the work actually performed in the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utiiize trainees at less than the applicable predetermined tate for the work performed until an acceptable program is approved. (III) Equal employment opportunity. The utiiization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5 (a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ail the contract clauses in 29 CFR Part 5.5. 7. Contracts termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be groundS for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Acts Requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the Page 18 of 19 Federal Lubor Standards Provisions HUD Fonn 4010 U.S. Department of Housing and Urban Development procedures of the Department of Labor set forth in 29 CFR Parts 5,6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (I) Certificaticm of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12( e)( 1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR part 24. (II) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (III) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, SE>ction 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides In part "Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publlshl!s any statement, knowing the same to be false.. .shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No la borer or mechanic to whom the wage, salary, or other iabol' standards provisions of this Contract are appilcable shall be, discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any compiaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the iab . Contract to his em B. tandards Act. As rs" and "mechanics' No contractor or f the contract work ment of iaborers or y such iaborer or r she is employed on s in such workweek s compensation at a the basic rate of pay rty hours in such (2) Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liabie to the United States (in the case of work done under contact for the District of Columbia or a territory, to such District or to such territory), for iiquidated damages. Such liquidated damages shall be computed with respect to each individual iaborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is heid by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a claUSl! requiring the subcontractors to include these clauses in any lOWElr tier subcontracts. The prime contractor shall be responSible fOr compliance by any subcontractor or lower tier subcontractor for With the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to title 20 part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Articie in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Page 19 of 19 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Budget & Finance Bulk Item: Yes ~ No Department: Office of Management & Budget Staff Contact Person/Phone #: Ernie Coughlin X4315 AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: NIA SOURCE OF FUNDS: NI A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty lOMB/Purchasing X Risk Management N/ A DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # C-28 Revised 11/06 0 on 0 0 C: 0 0 0 ~ r- 0 oo 0 0 I- 0 N "' 0 0 ;! 0 ~ ... ~ r- 0 0 0 CO 0 <D ;;; en en N <D N 0 z 0 0 r- r- 0 0 0 0 0 on ... 0 on 0 en oo oo on 0 cO 0 0 ... <Xi 0 en <0 <Xi 0 0 0 '" 0 '" on CO 0 N <0 r--' <Xi ai N r--' <0 ai N <Xi '" '" <D N N '" r- :J 0 '" 0 CO 0 r--' ... oo <Xi 0 cO N N ~ on r--' <0 0 ... <D ~ ... <D en oo <D "' <D r- eo CO 0 r- 0 <D on 0 0 N r- eo ... 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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item I Fund 503 transfers fm 08503, to 08501 OMB Schedule Item Number 2 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153507 - Low Income Home Energy Assistance Program Low Income Home Energy Assistance Program 2007 Function 5600 Human Services Activity 5690 Other Human Services Revenue: 125-6153507-3315000E- Fed Grant-Economic Environment Total Revenue $5.524.00 $5,524.00 Appropriations: 125-5690-6153507-530430 125-5690-6153507-530431 Crisis Utility Payments Home Energy Assistance $3,000.00 $2.524.00 Total Appropriations: $5,524.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tem Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 2 unant 6153507 mod#003 liheap fy07 OMB Schedule Item Number 3 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #63061 KW Hangar Devt Project #GAKD58 KW Hangar Devt Function#5400 Activity#5420 Official Division#1018 FDOT # 41286519401 50/50 Developer Revenue: 404-63061-334410CT 404-63061-366001 CT State Grants-Transportation Contribution & Don FM Priv So $ 650.71 $ 650.71 Total Revenue: $1,301.42 Appropriations: 404-63061-560630 Capital Outlay Infrastructure $1,301.42 Total Appropriations: $1,301.42 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2008. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 rlvr unant fund 404 63061 gakd58 kw hangar dev't OMB Schedule Item Number 4 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #63085 Hangar Development PH IT Project #GAKD82 Hangar Development PH IT Function#5400 Activity#5420 Official Division#1018 FDOT #41646619401 50/50 Developer Revenue: 404-63085-331410CT 404-63085-3660010T Federal Grants-Transportation Contrib & Don Fm Priv So $66,869.25 $66,869.26 Total Revenue: $133,738.51 Appropriations: 404-63085-560630 Capital Outlay Infrastructure $133,738.51 Total Appropriations: $133,738.51 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 4 rIvr unant fund 404 63085 gakd82 hngr devt ph 2 OMB Schedule Item Number 5 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630104 RSA - P & S Project #GAKDI0l RSA - P & S Function#5400 Activity#5420 Official Division#1018 FDOT #41253519401 Revenue: 404-630104-334410CT State Grants-Transportation $24.300.00 Total Revenue: $24,300.00 ------ ------ Appropriations: 404-630104-560630 Capital Outlay Infrastructure $24.300.00 Total Appropriations: $24,300.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 5 rlvr unant fund 404 kwia 630104 gakdlOI rsa p&s OMB Schedule Item Number 6 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630107 NIP PH IV Coustruction Project #GAKAI04 NIP PH IV Construction Function#5400 Activity#5420 Official Division#1018 FAA #037-27 95/5 PFC#8 Revenue: 404-630107-3314100T Federal Grants-Transportation $3,247.90 Total Revenue: $3,247.90 Appropriations: 404-630107-530490 Miscellaneous $3,247.90 $3,247.90 Total Appropriations: BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 6 rlvr unant fund 404 kwia 630107 gakal04 nip ph 4 OMB Schedule Item Number 7 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #404 Key West Int'l Airport From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#8 For the Amount: $170.94 To: 404-5420-630107-530490 Miscellaneous Cost Center #630107 NIP Ph IV Const From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#9 For the Amount: $3,873.06 To: 404-5420-630108-530490 Miscellaneous Cost Center # 630108 NIP Ph V A&E From: 404-5130-85536-590990 Other Uses Cost Center # 85536 Reserves 404 For the Amount: $452.00 To: 404-5420-630109-530490 Miscellaneous Cost Center # 630109 Wildlife Mgt. Plan From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#9 For the Amount: $10,765.35 To: 404-5420-630117-530490 Miscellaneous Cost Center # 630108 NIP Ph V A&E From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#12 For the Amount: $269.21 To: 404-5420-630114-530490 Miscellaneous Cost Center # 630114 Emg Pwr ARFF Bldg. From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#12 For the Amount: $3,353.90 To: 404-5420-630115-530490 Miscellaneous Cost Center # 630115 CRF Vehicle From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#8 For the Amount: $194.85 To: 404-5420-630116-530490 Miscellaneous Cost Center # 630116 Sweeper 2 Item 7 fund 404 grant match transfers fm 63003 pfc, 85536 reserves 1 From: 404-5130-85536-590990 Cost Center # 85536 Reserves 404 For the Amount: $1,797.70 To: 404-5420-630118-530490-GAKAI15-530310 Cost Center # 630118 DBE 037-29 Other Uses Prof. Svcs. From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#9 For the Amount: $102.50 To: 404-5420-630119-530490 Miscellaneous Cost Center # 630119 Noise Contour Update VII From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#7 For the Amount: $427.70 To: 404-5420-630120-530490 Miscellaneous Cost Center # 630120 Replace Beacon, Rehab Tower From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#12 For the Amount: $8,157.85 To: 404-5810-86505-590403 Transfer to Fund 403 Cost Center # 86505 Budgeted Transfers 404 From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#12 For the Amount: $21,522.40 To: 404-5810-86505-590403 Transfer to Fund 403 Cost Center # 86505 Budgeted Transfers 404 From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#12 For the Amount: $23,403.46 To: 404-5810-86505-590403 Transfer to Fund 403 Cost Center # 86505 Budgeted Transfers 404 From: 404-5130-85536-590990 Other Uses Cost Center # 85536 Reserves 404 For the Amount: $64,618.18 To: 404-5420-630121-530490-GAKA110-530310 Professional Svcs Cost Center # 630121 Instl FncglRehab ltg From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#9 For the Amount: $4,245.80 To: 404-5810-86505-590403 Transfer to Fund 403 Cost Center # 86505 Budgeted Transfers 404 From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#8 For the Amount: $6,517.83 To: 404-5810-86505-590403 Transfer to Fund 403 Cost Center # 86505 Budgeted Transfers 404 From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#8 For the Amount: $24.44 To: 404-5420-630123-530490 Miscellaneous Item 7 fund 404 grant match transfers fm 63003 pfc, 85536 reserves 2 Cost Center #630123 Replace 4' Fence From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#7 For the Amount: $1,262.96 To: 404-5420-63095-530490 Miscellaneous Cost Center #63095 Environmental Assessment From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#7&8 For the Amount: $5,972.00 To: 404-5420-63096-530490 Miscellaneous Cost Center #63096 New Terminal A&E From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 KW Passenger Facility PFC#8 For the Amount: $114.62 To: 404-5810-86505-590403 Transfer to Fund 403 Cost Center # 86505 Budgeted Transfers 404 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 7 fund 404 grant match transfers fm 63003 pfc, 85536 reserves 3 OMB Schedule Item Number 8 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630108 NIP PH V A & E Project #GAKAI05 NIP PH V A & E Function#5400 Activity#5420 Official Division#1018 FAA #037-27 95/5 PFC#9 Revenue: 404-630108-3314100T Federal Grants-Transportation $73.588.14 Total Revenue: $73,588.14 ------ ------ Appropriations: 404-630108-530490 Miscellaneous $73,588.14 Total Appropriations: $73,588.14 ------ ----- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 8 rlvr unant fund 404kwia 630108 gakalO5 nip ph 5 a&e OMB Schedule Item Number 9 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630109 Wildlife Mgt Plan Project #GAKAI06 Wildlife Mgt Plan Function#5400 Activity#5420 Official Division#1018 FAA #037-27 95/50&M Revenue: 404-630109-3314100T Federal Grants-Transportation $8,588.00 Total Revenue: $8,588.00 Appropriations: 404-630109-530490 Miscellaneous $8.588.00 $8,588.00 Total Appropriations: BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 9 r1vr unant fund 404 kwia 630]09 gaka]06 wldlfe mgt pIn OMB Schedule Item Number 10 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630121 Instl FncglRhb Ltg Project #GAKAII0 Instl FncgIRhb Ltg Function#5400 Activity#5420 Official Division#1018 FAA # 037-30 95/5 Ins. Proceeds Revenue: 404-630121-3314100T Federal Grants-Transportation $533,600.41 Total Revenue: $533,600.41 Appropriations: 404-630121-530490 Miscellaneous $533,600.41 Total Appropriations: $533,600.41 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 10 rlvr unant 630 12 I gaka 110 instl fncg/rhb Itg OMB Schedule Item Number 11 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630114 Emergency Power ARFF B1dg Project #GAKA111 Emergency Power ARFF Bldg Fuuction#5400 Activity#5420 Official Division#1018 FAA #037-28 95/5 PFC#12 Revenue: 404-630114-331410CT Federal Grants-Transportation $5,115.04 Total Revenue: $5,115.04 Appropriations: 404-630114-560640 Capital Outlay Equipment $5,115.04 Total Appropriations: $5,115.04 ------- ------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item I I rlvr unant 630114 gakaI I 1 emg pwr arf OMB Schedule Item Number 12 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #6301151500 Gallon CRF Vehicle Project #GAKAI12 1500 Gallon CRF Vehicle Fuuction#5400 Activity#5420 Official Division#1018 FAA#037-28 95/5 PFC#12 Revenue: 404-630115-331410CT FederalGrants- Transportation $63.724.15 Total Revenue: $63,724.15 -------- ------- Appropriations: 404-630115-560640 Capital Outlay Equipment $63,724.15 Total Appropriations: $63,724.15 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 12 rlvr unant fund 404kwia 630115 gaka112 crfvehicle OMB Schedule Item Number 13 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630116 Sweeper 2 Project #GAKA113 Sweeper 2 Function#5400 Activity#5420 Official Division#1018 FAA #037-28 95/5 PFC#8 Revenue: 404-630116-331410CT Federal Grants-Transportation $3,702.07 Total Revenue: $3,702.07 Appropriations: 404-630116-560640 Capital Outlay Equipment $3,702.07 Total Appropriations: $3,702.07 -------- ------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Oi Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 13 r1vr unant 630 I 16 gakal 13 sweeper 2 OMB Schedule Item Number 14 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630117 NIP Ph 5 Const Project #GAKA114 NIP Ph 5 Const Function#5400 Activity#5420 Official Division#1018 FAA # 037-29 95/5 PFC#9 Revenue: 404-630117-3314100T Federal Grants-Transportation $204,541.70 Total Revenue: $204,541.70 Appropriations: 404-630117-530490 Miscellaneous $204,541.70 Total Appropriations: $204,541.70 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 14 rlvr unant fund 404kwia 630 I 17 gaka 114 nip ph 5 const OMB Schedule Item Number 15 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630118 DBE 037-29 Project #GAKA115 DBE 037-29 Function#5400 Activity#5420 Official Division#1018 FAA #037-2995/5 O&M Revenue: 404-630118-3314100T Federal Grants-Transportation $35.954.00 Total Revenue: $35,954.00 Appropriations: 404-630118-530490 Miscellaneous $35.954.00 Total Appropriations: $35,954.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 15 rlvr un ant 630118 gakal 15 dbe-037-29 OMB Schedule Item Number 16 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630119 Noise Contour Update VII Project #GAKA116 Noise Contour Update VII Function#5400 Activity#5420 Official Division#1018 FAA #037-29 95/5 PFC#9 Revenue: 404-630119-3314100T Federal Grants-Transportation $1.947.50 Total Revenue: $1,947.50 Appropriations: 404-630119-530490 Miscellaneous $1,947.50 Total Appropriations: $1,947.50 ----- ----- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 rlvr unant 630119 gakal16 noise contour update 7 OMB Schedule Item Number 17 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport FAA #037-29 95/5 PFC#7 Cost Center #630120 Replace Beacon, Rehab Tower Project #GAKA117 Replace Beacon, Rehab Tower Function#5400 Activity#5420 Official Division#1018 Revenue: 404-630120-331410CT Federal Grants-Transportation $8,126.30 Total Revenue: $8,126.30 Appropriations: 404-630120-560640 Capital Outlay Equipment $8,126.30 Total Appropriations: $8,126.30 ------- ------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 17 rlvr unant 630120 gakal17 replace beacon. rehab tower OMB Schedule Item Number 18 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fuud #403 Marathon Airport Cost Center #63555 Air Service Project #GAMD52 Air Service Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63555-3314100T Federal Grants Transportation $750.000.00 Total Revenue: $750,000.00 ---- --- Appropriations: 403-63555-530490 Miscellaneous $750.000.00 Total Appropriations: $750,000.00 -------- ------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 18 rlvr unant 63555 gamd52 mthn air svc OMB Schedule Item Number 19 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63557 Rehab Ltg, Trmnl Bldg Project #GAMA54 Rehab Ltg, Trmnl Bldg Function#5400 Activity#5420 Official Division#1018 FAA #044-23 95/5 Ins Proceeds Revenue: 403-63557-3314100T Federal Grants Transportation $146.242.17 Total Revenue: $146,242.17 Appropriations: 403-63557-530490 Miscellaneous $146,242.17 Total Appropriations: $146,242.17 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 19 rIvr unant 63557 gama54 rehab ltg, tnnnl bldg OMB Schedule Item Number 20 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #404 Key West Int'l Airport From: 404-5420-63002-560640 Capital Outlay Equipment Cost Center # 63002 KW Airport R&R For the Amount: $109,674.00 To: 404-5810-86505-590405 Transfer to 405 Cost Center # 86505 Budgeted Transfer 404 From: 404-85536-590990 Other Uses Cost Center # 85536 Reserves 404 For the Amount: $27,692.00 To: 404-5810-86505-590405 Transfer to 405 Cost Center # 86505 Budgeted Transfer 404 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 20 fund 404 kwia transfers fm 63002 r&r. 85536 reserves to 86505 590405 OMB Schedule Item Number 21 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63558 Airfield Lighting Generator Project #GAMA55 Airfield Lighting Generator Function#5400 Activity#5420 Official Division#1018 FAA #044-22 95/5 PFC#12 Revenue: 403-63558-331410CT 403-63558-381404GT Federal Grants Transportation Transfer From 404 $154,999.15 $ 8,157.85 Total Revenue: $163,157.00 Appropriations: 403-63558-560640 Capital Outlay Equipment $163,157.00 Total Appropriations: $163,157.00 ------- ------ BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 21 rlvr unant 63558 gama55 airfield ltg generator OMB Schedule Item Number 22 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63559 Electrical Lighting Vault Project #GAMA56 Electrical Lighting Vault Function#5400 Activity#5420 Official Division#1018 FAA #044-22 95/5 PFC#12 Revenue: 403-63559-331410CT 403-63559-381404GT Federal Grants Transportation Transfer From 404 $408,925.60 $ 21.522.40 Total Revenue: $430,448.00 Appropriations: 403-63558-560620 Capital Outlay Building $430.448.00 Total Appropriations: $430,448.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 22 rlvr unant 63559 gama56 electricalltg vault OMB Schedule Item Number 23 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63560 Replace Perimeter Fence A&E, Const Project #GAMA57 Replace Perimeter Fence A&E, Coust Function#5400 Activity#5420 Official Division#1018 FAA #044-22 95/5 PFC#12 Revenue: 403-63560-331410CT 403-63560-381404G T Federal Grants Transportation Transfer From 404 $444,665.69 $ 23,403.46 Total Revenue: $468,069.15 Appropriations: 403-63560-560630 Capital Outlay Infrastructure $468,069.15 $468,069.15 Total Appropriations: -------- -------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 23 r1vr unant 63560 gama57 perimeter fence OMB Schedule Item Number 24 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport FAA #044-22 95/5 Owner Cost Center #63563 Rehabilitate West GA Apron(const-Jet Center) Project #GAMA60 Rehabilitate West GA Apron(const-Jet Center) Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63563-331410CT 403-63563-366001 CT Federal Grants Transportation Contrib & Don From Priv So $14,527.90 $ 764.63 Total Revenue: $15,292.53 Appropriations: 403-63563-560630 Capital Outlay Infrastructure $15,292.53 $15,292.53 Total Appropriations: BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 24 rlvr unant 63563 gama60 rehab w ga apron, jet ctr OMB Schedule Item Number 25 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63564 Security Requirements Project #GAMD61 Security Requirements Function#5400 Activity#5420 Official Division#1018 FDOT # 42043118401 100% Revenue: 403-63564-3344100T State Grants Transportation $325.087.47 Total Revenue: $325,087.47 Appropriations: 403-63564-530490 Miscellaneous $325,087.47 Total Appropriations: $325,087.47 ------- ------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 25 rIvr unant 63564 gamd6I security requirements OMB Schedule Item Number 26 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #405 KW AlP Series 2006 Bonds Cost Center #85564 Reserves-405 Fuuction#5100 Activity#5130 Official Division#1018 Revenue: 405-381404GT Transfer from Fund 404 $137,366.00 Total Revenue: $137,366.00 ------ --------- Appropriations: 405-5130-85564-590989 Cash-R&R $137.366.00 Total Appropriations: $137,366.00 ------- ------ BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2008. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 26 unant fund 405 85564 590989 reserves cash r&r Resolution No. OMB Schedule Item Number 27 - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 401 -2007 WHEREAS, Resolution Number 401 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 401- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153807 - Community Care for the Elderly OffcUDiv# 1016 Function 5600 Activity 5640 Revenue: 125-6153807-3346900H- State Grants 125-6153807-3469030H 125-6153807-381001GT- Trnsfr fm Gen. Fund $460,978.49 0.00 38,541.09 Total Revenue $499,519.58 -- --- Appropriations: 125-6153807-5 I 0 120-Salaries 125-6153807-510210-Fica 125-6153807-51 0220-Retirem ent 125-6153807-510230-Group Insurance 125-6153807-510240-Worker's Compensation 125-6153807-530310-Professional Services 125-6153807-530400- Travel 125-6153807-530410-Communications & Postage 125-6153807-530451-Risk Management 125-6153807-530460-Repairs & Maintenance 125-6153807-530470- Printing 125-6153807 -530498-Advertisin g 125-6153807-530510-0ffice Supplies 125-6153807-530520-0perating Supplies $378,480.22 19,384.20 14,203.56 49,504.00 14,000.00 134.00 6,504.46 1,568.05 11,407.08 1,000.00 200.00 200.00 1,275.04 1,658.97 Total Appropriations: $499,519.58 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: DANNY L. KOLHAGE. Clerk Mayor/Chairman Item 27 amend reso#401-2007 rlvr unant cee kenl 07-086153807 OMB Schedule Item Number 28 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 13520 Homeland Security Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief OfficiaUDivision # 1 0 12-Public Safety Project# GE0820-Homeland Security Grant 08 Contract # 08DS-60-11-54-0 1 CFDA # 97,067 Grant Period: July 1, 2007-ApriI30, 2010 Revenue: 125-13520-3312000S-GE0820 Federal Grants Public Safety $97,411.00 Total Revenue $97,411.00 Appropriations: 125-5250-13520-530490-GE0820-51 0 130 125-5250-13520-530490-GE0820-530340 Other Salaries Other Contractual Svcs $47,922.00 $49,489.00 Total Appropriations: $97,411.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 28 un ant fund 125 13520 GE0820 homeland security grant 08 OMB Schedule Item Number 29 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 405 -2007 WHEREAS, Resolution Number 405 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 405- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153507 - Low Income Home Energy Assistance Program Low Income Home Energy Assistance Program 2007 Function 5600 Human Services Activity 5690 Other Human Services Revenue: 125-6153507-3315000E- Fed Grant-Economic Environment Total Revenue $28,462.96 $28,462.96 Appropriations: 125-5690-6153507-530400 125-5690-6153507-530410 125-5690-6153507-530430 125-5690-6153507-530431 125-5690-6153507-530432 125-5690-6153507 -530440 125-5690-6153507-530460 125-5690-6153507 -530470 125-5690-6153507-530510 125-5690-6153507 -530520 Total Appropriations: Travel Phone and Postage/Freight Crisis Utility Payment Home Energy Assistance Weather Related/Supply Rentals and Leases Maintenance Agreement Printing & Binding Office Supplies Operating 675.98 714.10 6,036.22 14,968.00 265.00 1,844.46 2,500.00 300.00 409.20 750.00 $28,462.96 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 29 amend reso#405-2007 rlvr unant liheap [y07 6153507 OMB Schedule Item Number 30 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 397 -2007 WHEREAS, Resolution Number 397 -2007, heretofore enacted for the purpose of receiving unanticipated funds. contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that Resolution No. 397- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153407 - Older Americans Act -HIE Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153407-3316900 H 125-6153407-381001GT Federal Grants Trsfr fm Gen. Fund $ 7,421.79 $ 4,256.52 Total Revenue $11,678.31 Appropriations: 125-6153407 -510 120-Salaries 125-6153407-510210-Fica 125-6153407-510220-Retirement 125-6153407-510230-Group Insurance 125-6153407-510240-Worker's Compensation 125-6153407-530310-Professional Services 125-6153407-530340-0ther Contractual Services 125-6153407-530400- Travel 125-6153407-53041O-Communications & Postage 125-6153407-530440-Rentals 125-6153407-53045 I-Risk Management 125-61 53407-530460-Repair & Maint 125-61 53407-530470-Printing 125-61 53407-530498-Advertising 125-6153407-530510-0ffice Supplies 125-61 53407-530520-0perating Supplies 125-61 53407-530540-Books/Pubs/Subs $ 5,809,73 682,70 608.36 350.50 115.37 0.00 0.00 721.65 500,00 500.00 500.00 500,00 100,00 100,00 500,00 500,00 190,00 Total Appropriations: $11,678.31 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 30 amend reso#397-2007 rlvr unant oaa 3e AA-729 6153407 OMB Schedule Item Number 31 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008, be and the same is hereby increased by the amount hereinafter set forth: Fund #503 Risk Management Cost Center# 86520 Budgeted Transfers 503 Function # 5800 Activity #5810 Official/Division # 1000 Revenue: 503-369010 Misc-Other- Insurance $83,634,89 Total Revenue $83,634.89 Appropriations: 503-5810-86520-590404 Budgeted Transfers to 404 $83,634.89 Total Appropriations: $83,634.89 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 31 unant fund 503 Risk Mgmt 86520 OMB Schedule Item Number 32 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008, be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West IntI. Airport Cost Center# 63001 Key West Airport O&M Function # 5400 Activity #5420 Official/Division #1018 Revenue: 404-381503GT Transfer from Risk Mgt-503 $83,634,89 Total Revenue $83,634,89 Appropriations: 404-5420-63001-530460 Repair & Maintenance $83,634.89 Total Appropriations: $83,634.89 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman ( Seal) Attest: DANNY L. KOLHAGE, Clerk Item 32 unant fund 404 KWIA 63001 OMB Schedule Item Number 33 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 399 -2007 WHEREAS, Resolution Number 399 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 399- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153907 - Home Care for the Elderly Function 5600 Activity 5640 Revenue: 125-6153907-3346900H- State Grants 125-3153907-381001GT - Tnsfr fm Gen. Fund 001 $ 7,323.95 1,416.67 Total Revenue $ 8,740.62 Appropriations: 125-6153907-510120-Salaries 125-6153907-510210-Fica 125-6153907-510220- Retirem ent 125-6153907-510230-Group Insurance 125-6153907 -5 10240- Worker's Compensation 125-6153907-530310-Professional Services 125-6153907-530400- Travel 125-6153907-530451-Risk Management 125-6153907-530520-0perating Supplies $ 5,936.94 0.00 0.00 2,333.36 100,00 0.00 61.86 300.00 8.46 Total Appropriations: $ 8,740.62 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 33 amend reso#399-2007 rIvr unant hce kh772 07-08 6153907 OMB Schedule Item Number 34 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 398 -2007 WHEREAS, Resolution Number 398 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 398- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17, 2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153707 - Community Care for Disabled Adults Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153707-3346900H 125-6153707-381001GT State Grants Trnsfr fm Gen. Fund 001 $61,491.56 9,081.00 Total Revenue $70,572.56 Appropriations: ] 25-6] 53707-5] 0 ]20-Salaries ] 25-6] 53707 -5] 02] O-Fica ]25-6] 53707-5] 0220-Retirement 125-6153707-510230-Group Insurance ] 25-6153 707 -510240- Worker's Compensation 125-6153707-530400- Travel 125-6153707-53041O-Communications & Postage 125-6]53707-53045]-Risk Management 125-6153707 -5304 70-Printing 125-6153707-530491- Food & Dietary 125-6153707-5305] O-Office Supplies 125-6153707-530520-0perating Supplies $43,463.62 3,555.79 2,793,76 9,934.50 2,000,00 1,049.89 50.00 900.00 50.00 6.00 200.00 6,569.00 Total Appropriations: $70,572.56 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 34 amend reso#398-2007 rlvr uant ccda kg060 07-08 6153707 OMB Schedule Item Number 35 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 400 -2007 WHEREAS, Resolution Number 400 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that Resolution No. 400- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153607 - Alzheimer's Disease Initiative Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153607-3346900H- State Grants 125-6153107-381001GT Trnsfer fm Gen. Fund 001 $ 45,481.32 7,320.89 Total Revenue $ 52,802.21 Appropriations: 125-6153607-510120-Salaries 125-6153607-510210-Fica 125-6153607 -51 0220-Retirement 125-6153607-510230-Group Insurance 125-6153607 -510240- Worker's Compensation 125-6153607-530400- Travel 125-6153607 -53041 O-Communications & Postage 125-6153607-530451-Risk Management 125-6153607-530470-Printing 125-6153607 -530498-Advertising 125-6153607-53051O-0ffice Supplies 125-6153607-530520-0perating Supplies $32,353.35 3,266.39 2,397.46 11,060.50 2,000,00 468.51 50.00 900.00 50,00 50.00 200,00 6.00 Total Appropriations: $52,802.21 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 35 amend reso#400-2007 rIvr uant adi kz797 07-08 6153607 OMB Schedule Item Number 36 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #141 Fire & Amb Dist 1 L&M Key From: 141-5130-85520-590990 Cost Center #85520 Reserves 141 For the Amount: $374,864.00 To: 141-5220-11500-560641 Cost Center #11500 Fire & Rescue Central Other Uses Capital Outlay- Vehicles BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 36 Fund 141 transfer fm 85520 reserves to 11500 fire & rescue central Resolution No. OMB Schedule Item Number 37 - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Momoe County, Florida, to make budgeted transfers in the Momoe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Momoe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #304 1 Cent Infrastructure Surtax From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $400,000.00 To: 304-5290-26000-560620-CP0703-560620 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $60,000.00 To: 304-5290-26000-560620-CP0706-560620 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $7,540.00 To: 304-5290-26000-560620-CP0702-560630 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $7,500.00 To: 304-5290-26000-560620-CP0707 -530310 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $1,500,000.00 To: 304-5810-86502-590311 Cost Center # 86502 Budgeted Transfers 304 From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $1,216,997.00 To: 304-5810-86502-590207 Cost Center # 86502 Budgeted Transfers 304 From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $27,963.00 To: 304-5810-86502-590125 Cost Center # 86502 Budgeted Transfers 304 Item 37 Fund 304 transfers Capital Outlay-Infrastructure Capital Outlay-Building Capital Outlay-Infrastructure Capital Outlay-Building Capital Outlay-Infrastructure Capital Outlay-Building Capital Outlay-Infrastructure Capital Outlay-Building Capital Outlay-Infrastructure Trsf to Duck Key WW-311 Capital Outlay-Infrastructure Transfer to Fund 207 Capital Outlay-Infrastructure Trsf to Grant Fund-125 1 From: 304-5350-23000-560630-PE0501-530340 Cost Center # 23000 Physical Environment For the Amount: $30,000.00 To: 304-5150-22005-530340 Cost Center # 22005 Flood Zone Evaluation From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $255,000.00 To: 304-5810-86502-590310 Cost Center # 86502 Budgeted Transfers 304 From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $40,301.00 To: 304-5190-24000-560620-CG0608-560620 Cost Center # 24000 General Government From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $555,000.00 To: 304-5100-5190-1013-24000-560620-CG0802-560630 Cost Center # 24000 General Government Project # CG0802 Marathon Airport HV AC System From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $778,305.00 To: 304-5290- 26000-560641-CP020 1-560641 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $30,834.00 To: 304-5290-26000-560620-CP0603-530340 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $13,575.00 To: 304-5290-26000-560620-CP0605-560620 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $640,000.00 To: 304-5290-26000-560620-CP0704-560620 Cost Center # 26000 Public Safety From: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $12,460.00 To: 304-5290-26000-560620-CP0702-560620 Cost Center # 26000 Public Safety Item 37 Fund 304 transfers Capital Outlay-Infrastructure Other Contract Sencices Capital Outlay-Infrastructure Trsf to Big Coppitt WW-310 Capital Outlay-Infrastructure Capital Outlay- Building Capital Outlay-Infrastructure Capital Outlay- Infrastructure Capital Outlay-Infrastructure Capital Outlay- Vehicle Capital Outlay-Infrastructure Other Contract Sencices Capital Outlay-Infrastructure Capital Outlay- Building Capital Outlay-Infrastructure Capital Outlay- Building Capital Outlay-Infrastructure Capital Outlay- Building 2 From: 304-5720-25000-560630-CC0202-560630 Cost Center # 25000 Culture & Rec For the Amount: $1,606,331.00 To: 304-5810-86502-590307 Cost Center # 86502 Budgeted Transfers 304 Capital Outlay-Infrastructure Transfer to Fund 307 From: 304-5720-25000-560630-CC0202-560630 Cost Center # 25000 Culture & Rec For the Amount: $424,564.00 To: 304-5130-85532-590990 Cost Center # 85532 Reserves 304 Capital Outlay-Infrastructure Other Uses From: 304-5410-22004-510120 Cost Center # 22004 County Engineer Const. For the Amount: $4,205.00 To: 304-5800-5810-1000-86502-590308 Cost Center # 86502 Budgeted Transfers 304 Regular Salaries Transfer to Fund 308 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tem Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 37 Fund 304 transfers 3 OMB Schedule Item Number 38 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #304 1 Cent Infrastructure Surtax From: 304-5350-23000-560630- PE0701-560630 Cost Center # 23000 Physical Environment For the Amount: $173,587.00 To: 304-5290-26000-560620-CP0608-560620 Cost Center # 26000 Public Safety Capital Outlay-Infrastructure Capital Outlay- Building BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 38 Fund 304 transfers CP0608 Tavernier Fire OMB Schedule Item Number 39 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #503 Risk Management Fund From: 503-5130-85541-590990 Cost Center #85541 Reserves 503 For the Amount: $180,969.95 To: 503-5810-86520-590125 Cost Center #86520 Budgeted Transfers 503 Other Uses Transfer to Fund 125 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 39 Fund 503 transfer fm 85541 590990 reserves to 86520590125 OMB Schedule Item Number 40 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #307 2003 Revenue Bonds From: 307-5130-24001-560620 Cost Center # 24001 General Govt Fund 307 For the Amount: $178,121.00 To: 307-5130-24003-560620 Cost Center # 24003 Asbestos Abatement/PSB Capital Outlay-Building Capital Outlay- Building BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 40 Fund 307 trufr fm 24001 to 24003 OMB Schedule Item Number 41 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 394 -2007 WHEREAS. Resolution Number 394 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that Resolution No. 394- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153007 - Older Americans Act -111 B OffcUDiv# 1016 Function 5600 Activity 5640 Revenue: 125-6153007-3316900H 125-6153007-381001 GT Federal Grants Transfer fm Gen Fund $18,112.65 $ 5,808.74 Total Revenue $23,921.39 Appropriations: 125-6153007-51 o 120-Salaries 125-6153007-510130-0ther Salaries & Wages 125-6153007-510210-Fica 125-6153007 -51 0220-Retirement 125-6153007-510230-Group Insurance 125-6153007 - 510240- Worker's Compensation 125-6153007-530310-Professional Services 125-6153007-530400- Travel 125-6153007 -53041 O-Communications & Postage 125-6153007 -53 0440-Rentals 125-6153007-530451-Risk Management 125-61 53007-530470-Printing 125-6153007 -530498-Advertising 125-6153007 -53051 O-Office Supplies 125-61 53007-530520-0perating Supplies 125-6153007 -530540-Books/Pubs/Subs $ 13,303.51 0.00 475,07 0.00 6,779.21 500,00 0,00 1,211.37 152.23 100.00 500,00 100.00 100.00 200.00 400,00 100,00 Total Appropriations: $23,921.39 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 41 amend reso#394-2007 unant oaa 3b AA-729 6153007 rlvr OMB Schedule Item Number 42 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 395 -2007 WHEREAS, Resolution Number 395 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 395- 2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17,2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153107 - Older Americans Act-Cl OffcllDiV# 1016 Function 5600 Activity 5640 Revenue: 125-6153107-3316900H 125-6153107-381oo1GT Federal Grants Transfer fm Gen. Fund $23,993.20 $ 6,754.33 Total Revenue $30,747.53 Appropriations: 125-6153107-510120-Salaries 125-6153107-51021O-Fica 125-6153107-510220-Retirement 125-6153107-510230-Group Insurance 125-6153107 -510240- Worker's Compensation 125-6153107-53031O-Professional Services 125-6153107-530400- Travel 125-6153107-530410-Communications & Postage 125-6153107-530430- Utilities 125-6153107 -530440-Rentals 125-61531 07-530451-Risk Management 125-6153107 -530470-Printing 125-6153107-530491-Food 125-6153107-53051O-0ffice Supplies 125-6153107-530520-0perating Supplies 125-6153107 -530540-Books/Pubs/Subs $13,154,18 4,034,14 2,302,80 2,155.00 1.000,00 0.00 8.47 141.46 91.76 510.44 4,550,00 0.00 2,368.80 57.63 372.85 0.00 Total Appropriations: $ 30,747.53 BE IT FURTHER RESOL YED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 42 amend reso#395-2007 rlvr un ant oaa c1 AA-729 6153107 OMB Schedule Item Number 43 Resolution No. - 2007 A RESOLUTION AMENDING RESOLUTION NUMBER 396 -2007 WHEREAS, Resolution Number 396 -2007, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire ofthe Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that Resolution No. 396-2007 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2008 contained certain erroneous information and said resolution, passed and adopted on October 17, 2007, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 6153207 - Older Americans Act-C2 OffcIfDiv# 1016 Function 5600 Activity 5640 Revenue: 125-6153207-3316900H 125-6153207-381001GT Federal Grants Transfer fm Gen. Fund $ 6,034.34 $ 5,876.58 ------- $ 11,910.92 -- $ 0.00 2,986.54 912.18 5,411.62 0,00 0,00 0.20 46.99 13.53 .53 1,671.00 868.33 0.00 --------- $ 11,910.92 Total Revenue Appropriations: 125-6153207-510120-Salaries 125-6153207-510210-Fica 125-6153207-510220-Retirement 125-6153207-510230-Group Insurance 125-6153207-510240- Worker's Compensation 125-6153207-53031O-Professional Services 125-6153207-530400- Travel 125-6153207-530410-Communications & Postage 125-6153207 -530430-Utilities 125-6153207-530440- Rentals 125-6153207-530451-Risk Management 125-6153207-530491-Food 125-6153207-530470- Printing Total Appropriations: BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board. upon receipt of the above unanticipated funds. is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 43 amend reso#396-2007 rlvr unant oaa c2 AA-729 6 I 53207 OMB Schedule Item Number 44 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63544 Terminal Canopy Project #GAMA41 Terminal Canopy Function#5400 Activity#5420 Official Division#1018 F AA#044-20 PFC#8 Revenue: 403-63544-331410CT 403-63544-381404G T Federal Grants-Transportation Transfer from 404 $7,806.07 $ 6,517.83 Total Revenue: $14,323.90 Appropriations: 403-63544-560620 Capital Outlay Building $14,323.90 Total Appropriations: $14,323.90 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 44 rlvr unant fund 403 mthn airpt 63544 gama4 I terminal canopy OMB Schedule Item Number 45 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63550 Terminal Canopy II Project #GAMA47 Terminal Canopy n Function#5400 Activity#5420 Official Division#1018 FAA#044-21 95/5 PFC#9 Revenue: 403-63550-331410CT 403-63550-381404G T Federal Grauts- Transportation Transfer From 404 $80,670.30 $ 4,245.80 $84,916.10 Total Revenue: Appropriations: 403-63550-560620 Capital Outlay Building $84,916.10 Total Appropriations: $84,916.10 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 45 rlvr unant fund 403 mthn airpt 63550 gama47 terminal canopy 2 OMB Schedule Item Number 46 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63541 TW Lights/Signs, Const Project #GAMA38 TW Lights/Signs, Const Function#5400 Activity#5420 Official Division#1018 FAA# 044-20 FDOT#41468419401 PFC#8 Revenue: 403-63541-331410CT 403-63541-334410CT 403-63541-381404G T Federal Grants-Transportation State Grants-Transportation Transfer from fund 404 $6,404.72 $ 114.62 $ 114.62 Total Revenue: $6,633.96 Appropriations: 403-63541-560630 Capital Outlay Infrastructure $6,633.96 Total Appropriations: $6,633.96 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 46 r1vr un ant fund 403 mthn airport 63541 gama38 tw lights OMB Schedule Item Number 47 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630123 Replace Existing 4'Fence Project #GAKAI20 Replace Existing 4'Fence Functiou#5400 Activity#5420 Official Division#1018 FAA#037-28 PFC#8 Revenue: 404-630123-331410CT Federal Grants-Transportation $464.36 Total Revenue: $464.36 Appropriations: 404-630123-560630 Capital Outlay Infrastructure $464.36 Total Appropriations: $464.36 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 47 rlvr unant fund 404 kwia 630123 gakaI20 replc 4'fence OMB Schedule Item Number 48 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #63095 EA (EIS) RSA PH ill Project #GAKA92 EA (EIS) RSA PH III Function#5400 Activity#5420 Official Division#1018 FAA #037-23 PFC#7 Revenue: 404-63095-3314100T 404-63095-3344100T Federal Grants-Transportation State Grants-Transportation $47,992.66 $ 1,262.96 $49,255.62 Total Revenue: Appropriations: 404-63095-530490 Miscellaneous $49,255.62 Total Appropriations: $49,255.62 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 48 rlvr unant fund 404 kwia 63095 gaka92 ea rsa ph 3 OMB Schedule Item Number 49 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #63096 New Terminal A & E Project #GAKA93 New Terminal A & E Function#5400 Activity#5420 Official Division#1018 FAA# 037-23 FDOT#41265819401 PFC#7&8 Revenue: 404-63096-331410CT 404-63096-334410CT Federal Grants-Transportation State Grants-Transportation $226,936.36 $ 5,972.00 Total Revenue: $232,908.36 ------- ---- Appropriations: 404-63096-560620 Capital Outlay Building $232,908.36 Total Appropriations: $232,908.36 ------ -------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 49 rlvr unant fund 404 kwia 63096 gaka93 new terminal a&e OMB Schedule Item Number 50 Resolution No. - 2007 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Momoe County, Florida, to make budgeted transfers in the Momoe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Momoe County Budget for the Fiscal Year 2008 as, hereinafter set forth to and from the following accounts: Fund #001 General Fund From: 001-5130-85500-590990 Cost Center # 85500 Reserves 001 For the Amount: $35,000.00 To: 001-5130-69400-590990 Cost Center # 69400 Supervisor of Election Other Uses Other Uses BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above, PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007, Mayor McCoy Mayor Pro Tem Di Gennaro _ Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 50 Fund 00 1 transfer fm 85500 reserves to 69400 supv of elections OMB Schedule Item Number 51 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov. Fund Type Grants Cost Center #13521 ODP UASI 05 Grant Project #GE0721 ODP UASI 05 Grant Function#5200 Activity#5250 Official Division#1012 Contract# 06DS-4H-II-23-02-342 CFDA # 97.067 Revenue: 125-13521-3312000S Federal Grants-Public Safety $5,985.50 Total Revenue: $5,985.50 Appropriations: 125-13521-530490 Miscellaneous $5,985.50 Total Appropriations: $5,985.50 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December, AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 51 rlvr unant fund 125 13521 ge0721 odp uasi 05 grant OMB Schedule Item Number 52 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Momoe County, Florida, to increase items to account for unanticipated funds in the Momoe County Budget for the Fiscal Year 2008 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Momoe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153207 Older Americans Act -C2 6153107 Older Americans Act -Cl Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153107-369001SH 125-6153207-369001SH 125-6153207-3469030H Misc Revenue Misc Revenue Hmn Svc-HCBS $ 1,889.60 $ 409.75 $ 150.00 Total Revenue $ 2,449.35 Appropriations: 125-6153107-530491- 125-6153107-530491- Food & Dietary Food & Dietary $ 1,889.60 $ 559.75 Total Appropriations: $ 2,449.35 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 52 unant AA-729 6153107 oaa cl, 6153207 oaa c2 addt'! rev BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19,2007 Division: Budget & Finance Bulk Item: Yes ~ No Department: OMB Dept. Contact: Penny Kipp x4470 AGENDA ITEM WORDING: Approval to close Fund 167, Conch Key MSTU, and instruct the Clerk of Court to transfer remaining residual funds to Fund 174 Conch Key MSTD. ITEM BACKGROUND: Fund 167 Conch Key MSTU was created by Ordinance #36-2002 in order to levy and collect additional ad valorem taxes for Conch Key wastewater projects commencing with the County's Fiscal Year 2003. Two years later, Fund 174 Conch Key MSTU was created by Ordinance #038-2004 and amended by Ordinance #010-2005 in order to levy and collect additional ad valorem taxes for Conch Key wastewater projects starting with the County's Fiscal Year 2005. Since the purposes and the area coincide in both, the monies should be transferred to Fund 174 used for current Conch Key tax collections and wastewater expenditures. PREVIOUS REVELANT BOCC ACTION: Ordinance 36-2002 was adopted by the BOCC on December 18,2002. Ordinance 38-2004 was adopted by the BOCC on December 15,2004. Ordinance 010-2005 was adopted by the BOCC on May 18, 2005. CONTRACT~GREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Ad ~ChaSing ~ Risk Managernenrlf - DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/27/01 Conch Key MSTU Summary - Fund 167 as of: 11/9/07 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 Actual Actual Actual Actual Actual Millage Rate: 0.7000 0.7000 0.0000 0.0000 0.0000 Revenues: Taxes $9,516.27 $13,748.87 Charges for Services 133.07 194.38 Investment Income 78.69 322.24 698.86 834.53 74.11 Total Revenues $9,728.03 $14,265.49 $698.86 $834.53 $74.11 Expenditures: Tax Collector Fees -69009 274.02 402.93 0 Disbursement to District -55001 9,164.00 13,613.00 0.00 Total Expenditures $9,438.02 $402.93 $0.00 $13,613.00 $0.00 Excess Revenues $290.01 $13,862.56 $698.86 ($12,778.47) $74.11 Cumulative Excess $290.01 $14,152.57 $14,851.43 $2,072.96 $2,147.07 ..-i "0 Nc;1 000 lI) lI) lI) lI) 0:::> NN OOC> lI) lI) lI) lI) E-<0:1 :>-< co co (Y) (Y) (Y) (Y) """" ..-i..-i e>:: !:iI 0:1 !:iI ..-i..-i 000 m m m m ::8..-i H ..-i..-i 000 CO CO CO CO :::>..-i jrJ Z<>:: """" (Y)0r- N N N N E-< H~ NN I,,"(Y) ..-i ..-i ..-i ..-i !:iIUJ 1 1 00 0 0 0 0 c..9> <>::H <>::!:iI ><>:: NN N N N N o..e>:: <>::0:1 !:iI ..-i..-i 000 ..-i ..-i ..-i ..-i E-< ..-i..-i 000 ..-i ..-i ..-i ..-i <>:: 0 """" "" "" "" "" r- r- r- r- r- r- O!:il E-<:::> Z ~g; !:iI!:iI :>-<e>:: UJ 00 000 0 0 0 0 !:iI 00 000 0 0 0 0 H 8~ H> e>::H !:iI!:iI o..U !:iI e>:: E-< Oe>:: ~~ O!:il 0:1e>:: UJ 00 000 0 0 0 0 :>-<UJ E-< 00 000 0 0 0 0 E-<:::> 0.. 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ZZ E-< E-< E-< E-< E-< p.., ~\.O OH r-U) 0 r-U) 0 0 ril aOri HE-< \.00 E-< E-< \.00 E-< E-< IX: ~ .. .. E-<Z riU Z 0 riU 0 UP 1 "- P '<l' 1 "- "'...:J ...:J t9 ril ril. rilO 00 0 M 00 '<l'~ ~ Z~:;:: ...:JU zz U 0 ZZ 01:-< E-< P~H rilU PP U M ~~ MO 0 U)aE-< U)~ r:,..r:,.. ~ Lf) Lf)E-< I:-< ORDINANCE NO. Ol~ 2005 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CHAPTER 15.5, MONROE COUNTY CODE, IN ORDER TO PROVIDE REVISED LEGAL DESCRIPTIONS OF MUNICIPAL SERVICE TAXING UNITS SET FORTH IN ORDINANCE NO. 038-2004 FOR STOCK ISLAND, SUMMERLAND/CUDJOE/UPPERSUGARLOAF, BIG PINE, AND CONCH KEY/DUCK KEY; PROVIDING FOR SEVERABIlITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA: Section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined and declared that: (A) Monroe County, pursuant to its authority under Section 125.01(l)(q), Florida Statutes, did enact Ordinance No. 038-2004 to establish municipal service taxing units (MSTU's) for the purposes of assessing and collecting taxes to pay for administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects for the following units: Stock Island, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, Conch Key/Duck Key, and Long Key/Layton. (B) The legal descriptions of those taxing units or districts, except the Long Key/Layton MSTU, contained errors and cannot be used for purposes of assessing the affected properties in a fair and equitable manner. (C) The Property Appraiser of Monroe County has advised that in order to place the taxes authorized by the existing provisions of the Monroe County Code on the tax bill, it is necessary to immediately revise the legal descriptions of the MSTU's. (D) The purpose of this Ordinance is to revise the legal descriptions erroneously set forth in Ordinance No. 038-2004. (E) The time period between the determination of the inaccuracy of the legal descriptions and the ascertainment of corrected legal descriptions was not sufficient to prepare an ordinance revising the legal descriptions of the MSTU's for presentation to the Board, so that the Board could approve placing the advertisement required to enact the ordinance under the regular enactment procedure set forth in section 125.66, Florida Statutes. (F) The Conch Key and Duck Key MSTU's should be separated into two separate units, one for Conch Key and one for Duck Key in order to facilitate the Property Appraiser's mapping responsibilities. Section 2. DECLARATION OF EMERGENCY. (A) Based upon the legislative findings set forth in Section 1 here, a four-fifths vote of the Board hereby waives the notice requirements of section 125.66(2), Florida Statutes, finding that an emergency exists requiring the immediate adoption of this ordinance. (B) Subsequent to the adoption of this emergency ordinance, the Board shall advertise, adopt, and ratify this emergency ordinance pursuant to section 125.66, Florida Statutes. Section 3. Section 15.5-161(a), Monroe County Code, shall be revised to read: Sec. 15.5-161. Created. (a) Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a Municipal Service Taxing Unit to be known as the Stock Island Municipal Service Taxing Unit. The Stock Island Munidpal Service Taxing Unit shall encompass all of Stock Island located south of the centerline of US Highway No. 1 (State Road No.5), and lying east of Cow Key Channel and west of Boca Chica Channel. Section 4. Article XI, Chapter 15.5, Monroe County Code shall be revised to read: ARTICLE XI. CUDJOE - SUGARLOAF MUNICIPAL SERVICE TAXING UNIT Sec. 15.5-171. Created. (a) Pursuant to the provisions of section 125.01(1)(q), Rorida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Cudjoe- Sugarloaf Municipal Service Taxing Unit. The Cudjoe - Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Shark Key Channel and on the east by Kemp Channel, less the area encompassed in the Baypoint MSTU as described in Ordinance 037- 2002. (b) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Cudjoe - Sugar/oaf Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Cudjoe - Sugarloaf Munidpal Service Taxing Unit shall terminate on September 30, 2010. (c) Revenue derived from ad valorem taxes levied in the Cudjoe - Sugarloaf Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects within and benefiting the Cudjoe _ Sugarloaf Municipal Service Taxing Unit. The Board shall adopt a budget for the Cudjoe - Sugarloaf Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Section 5. Sec. 15.5-181 (a), Monroe County Code is hereby amended to read as follows: Sec. 15.5-181. Created. Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a Municipal Service Taxing Unit to be known as the Big Pine Municipal Service Taxing Unit. The Big Pine Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Kemp Channel and on the east by the west end of the Seven Mile Bridge less No Name Key. Section 6. ARTICLE XIII, Monroe County Code is hereby amended to read as follows: Sec. 15.5-191. CONCH KEY MUNICIPAL SERVICE TAXING UNIT Created. (a) Pursuant to the proviSions of section 125.01(1)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Conch Key Municipal Service Taxing Unit. The Conch Key Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Tom's Harbor Cut, and on the east by Long Key Channel. (b) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Conch Key Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Conch Key Municipal Service Taxing Unit shall terminate on September 30, 2010. (c) Revenue derived from ad valorem taxes levied in the Conch Key Munidpal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advandng wastewater and reclaimed water projects within and benefiting the Conch Key Municipal Service Taxing Unit. The Board shall adopt a budget for the Conch Key Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Sec. 15.5-191A. DUCK KEY MUNICIPAL SERVICE TAXING UNIT Created. (a) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Duck Key Municipal Service Taxing Unit. The Duck Key Municipal Service Taxing Unit shall encompass that portion of the unincorporated County bounded on the north by U. S. Highway 1, on the west by Tom's Harbor Channel, on the South by Hawk's Channel, and on the East by Tom's Harbor Cut; an area commonly known as "Duck Key", including islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club Island, but excluding Indies Island. (b) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Duck Key Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Duck Key Municipal Service Taxing Unit shall terminate on September 30, 2010. (c) Revenue derived from ad valorem taxes levied in the Duck Key Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects within and benefiting the Duck Key Municipal Service Taxing Unit. The Board shall adopt a budget for the Duck Key Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 8. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 9. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 10. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of May, 2005. Mayor Dixie M. Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent ~ -" . Commissioner David Rice /'~Jt~ / .~ ~"... /~(I~ ~'J.;. ~J'~ ~ ~\.: ~ 0 J ;,;;;: Yes Yes Yes 'l.e..s Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~.. ?12~ 4-/ ~,-J M yo 7Chairperson By 3: ,- ::> 0 ;.n ..- X S. f- ;-" ::0 n _..: c: C) .~... ~~=< :z: ':~ I "'~ , (") . I e,.) 0 0(")' ;"J C:;5:7- ~ ?'J X. 0 ....(")1 fTl :<.....:I: 9 (J "",' J> 0 I C') ~ ::0 ~ f"1 ~ <-< BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 June 3, 2005 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Dear Mrs. Cloud, V'Ul Certified Mail 70041160 00071974 7626 Enclosed please find a certified copy of each of the following: Ordinance No. 010-2005 declaring that an emergency exists and waiving notice by a four-fifths vote concerning an emergency Ordinance amending Chapter 15.5, Monroe County Code, in order to provide revised legal descriptions of Municipal Service Taxing Units set forth in Ordinance No. 038-2004 for Stock Island, Summerland/CudjoelUpper Sugarloaf, Big Pine, and Conch KeylDuck Key; Providing for severability herewith; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting held in formal session on May 18, 2005. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Boar~ by' . cIa. Hancock, D. C. Monroe COlfnty Clerk's Office Ordinance No. 010~2005 cc: Municipal Code Corporation via certified mail 7004 1160 0007 19748272 Growth Management Property Appraiser County Attorney BOCC File / P. Hancock o I o ~ . '"d ~ o '- t::: . . . 0: , 'rl: . ("\ -1-1: . N as; . N . ~: . I 0: . \0 . p..: . ~ . ~: , C""\ . . 0: . N . o~ . f"'I . /1)1 ~ '"d: . ~ 0: . ui If'\1 cu C""'l: cu - j l ~l ~1 ...-I: NI tJ) tIl: N: tJ) i I~ ~; : ct3 1- 'rlh~~..c ~ ...c: ~~ liP o:~i!j;j tIl ::< E~ ti 'rl .. . _...-I - p t:: ~~:*...-I - ~c -; :iE:J:- , :'. ("j-~ _ ~ .,. Qll. " b<;!: 2L29 hL6~ LOOD D9~~ hUU~ P. 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Ql "d l") o ..;t C,) ....:l .0 Ql Ql Lt'\ ~ ~25 4-l~ I Ql al bO .. 0'1 'T"i1-ll:l~0'I ..c ~ ...1 QI l") UtlI"dQlC'l 'T"iril-ll") .. l:l'M ~ "d'T"i::ltf.l....:l ::lalXl ~ o "d CIl ori<tOQlQl - U l:l l:l Ql J 4-l'T"i'T"i to NOrialtO 'T"i ri~al ~....:l::lO ..c <'t alU;3 al . QJ ri _~a> to I-l Ql ,.... ri 1-l::l..c::Oal ~ !Xl E-l ..-q.~ ..: I ~ ::E 0 ~ 'iii~ ::E~ ji ~ 1 o~~ i 'iii 'iii i 8. ::E ]::E 8 UHI cIS 101I0 0 a: t? ..; ....... Lt'\ o o C'l I o ........ o Ql U l:l al l:l 'T"i "d I-l o '-" ~ * ~ ~ .ll ru .ll I"- .::r I"- rr r-'l I"- Cl CJ a CJ .~ CJ a: .ll E r-'l :J r-'l ~ .::r ! CJ CJ 8 I"- 8 J~ ~n E ~ ~ ~ ~ ~ ~ ~ ~ t'i ~ f1:;,/'_:1./i-~' . . ~.."J'c;. .v, .~~~,~:_ . - - '~.! ' .. _.. ';oJ "".',. 'I.: I!'".~.~~ ~~ ...r-:- + ...... "-L4'. FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIYISION OF LIBRARY AND INFORMATION SERVICES June 10, 2005 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 3, 2005 and certified copy of Monroe County Ordinance No. 010-2005, which was filed in this office on June 7, 2005. Sincerely, ~~~ Q ~ o % , :::::CJ. '-',- fTl:;:ll:: .. C")' r' o C") . C-:;:a;; :z:;::Oo -iC"). :<,-t::I: .> ~ C) I fTI > ,....:.J .:=> -:-.., ., Liz Cloud Program Administrator W .." :x cg r fT1 CJ ..." o ?J ;c ["T't c-) o :Xl o LClkcs t- c:= :z:: o DSTATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.d05.state.f1.us CJLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 CJAOMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 . Opg~.t'j-ZO-S6SZ0~ ldla::lEl~ wma~ OJlSllwoa 2L29 hL6~ Looo o9~~ hoOL VOOZ Nllruq9:J . ~ ~e~ LWO:J Sd f/eqr1t e:Jf!WIJ UJOJJ .I9J$URU) JIClUJ'lN GIOlW '(: seA 0 (~,Q4lc3) l.Na^!laeJ palOlJlS9~ 'y '0'0'0 0 IIBlf'l pa.msuI 0 eSIPUB4:lJ9V\1 JO~ td/a::lEl~ wma~ 0 PW9jS/6aij 0 IfBV\I SS6.Idx3 0 IfBV\I paJIDJQ() Ji!I OO1\J. eovcfes 'f: (~OOZ-OTO a~uauJP~O) ~(ZZ-9T(Z( ~ aassaqaTTal ~(zZ xog: Od uOJ~a~od~o~ apo~ TadJJJunW uos~aJJaf uATaA~ 'SW :MOlSq SSQJppB Na^lIap Jelua 'S3A II Wlilij WOJIlUQJElJP.P SSQJppe NaAjI9P sf '0 :Ol pa$SaJpp\>, 9101W '~ 'StlWJ9d GOads I! tUOJI 9ln uo JO '9091d1lBW 94tlO )foeq 941 at p.reo S!4l 40eU\f _ 'no;; Ol pJBO 941 UJnl9J ueo 9M lB41 os 9SJ9^9J 94l UO SS9JppB pUB eweu Jno;; lUPd _ 'paJ!sep S! A.le^II90 P9tOJ.llS9l:1l! V watt 9l9ldwDO OSI'v' 'C pUB 'z . ~ swall 9l91dWOO . UNITED STATES POSTAL SERVI.'~~\' J ,.' , . --..J ...J It.. . '.' ~.' ,.......,',--" .~, " . -' !.~...1~......----- 'J ,~ ,~ ( r name, address, and Z[P+4Tn this1:nfx.' [\:,,:,:~ ".' :' ::,:","AGE 4 '-'oj . -.. - ".-" ..' ,'. U RT ~ ~:)"~j' :;,:; :!'<~~ ,:.-.;,"0 ~:!:ll[Ct .~o "'E\' . ^ ,- - - .-. ,-.- - .. -, '''A 330Aa " t b;;::t;" . .u.n..;.:.I ~ Box 1980 Attention: P. Hancock 3::ICiC~ i.,,'. i SiE!C. \..11...11.11... ,I, .1...1\ ...111.\..\ ..1.11...1..1.11"'1.11.1 -... E,mail Confirmation Page 1 of 2 Monroe County, FL Code of Ordinances - 1979(11270) Municipal Code Corporation P.O. Box 2235 1700 Capital Circle SW. (323101 Tallahassee, Fl32316-2235 850-576-3171 Fax: 850'575-8852 iofJL@1llilIlJCQ~~ ~un~.com Supplement 89 Recorded: 6/24120052:15:52 PM We have received the following material through Hard Copy, Document Ordinance No, 010-2005 Ado tion Descri tion 5/18/2005 Amend Ch, 15,5 to provide taxing units set forth in Ord, No. 038-2004 for Stock Island, Summer/and/Cudjoe/ Upper Sugarloaf, Big Pine, Conch Key/Duck Key and Long Key La on · Are you e-mailing us your ordinances? Send them to ords@municode.cOQl · Does your code need a legal review? We can help. e'mail for an estimate · Ask us about electronic supplementation and our newest service N.O.W. posting ordinances in between supplements · Need additional copies of your Charter? Zoning? Code? Binders? Divider Tabs? · Also we have a GREAT new service where we pr,ovide Codes and Supplements to outside subscribers at no additional cost to the City. Contact our Distribution Department at dlst@munlcode.colTl · looking for Records Management, Imaging or Indexing minutes services, we can help there tool Contact us for more information atlnfoCmcClnnovalloflS com. '.' ...~.2()()~,~,~ni~ip~! FR~ep~~Ro~~ti?'\:Allr!ghts R~~?~~d: < " '" ......" . <' :.J,' ~, ~~.><. -~ ;:) CJ ;:J1 - :z .:;. ~ ::0 ~~ >-i1 C":l:-;:; Or-~ -;:,:; f'Tl::x-< N "'t"j (')' r 0(")' \D C) C::-:;:IE: ;;0 :Z:?'O :I:lIl :::0 -I(')r :x f"T1 :<~:r:: \D n ..,,' )> .. 0 r- C") -- ;:;:1 ::> 1"1 en 0 http://intranet.municode.comJBISlRecording/acknow ledgePrint.asp ?jobid=41 068&print=true&contactID,., 6/24/2005 ORDINANCE NO. 038 - 2004 AN EMERGENCY ORDINANCE CREATING THE STOCK ISLAND MUNICIPAL SERVICE TAXING UNIT, THE SUMMERLAND - CUDJOE - UPPER SUGARLOAF MUNICIPAL SERVICE TAXING UNIT, THE BIG PINE KEY - DUCK KEY MUNICIPAL SERVICE TAXING UNIT, AND THE LONG KEY - LAYTON MUNICIPAL SERVICE TAXING UNIT; PROVIDING LEGISLATIVE FINDINGS; DECLARING AN EMERGENCY; DESCRIBING THE BOUNDARIES OF EACH TAXING UNIT; AUTHORIZING THE LEVY OF AD VALOREM TAXES AT RATES NOT GREATER THAN 0.70 MIL WITHIN EACH TAXING UNIT; AUTHORIZING THE USE OF SUCH AD VALOREM TAX REVENUE FOR SPECIFIC ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, section 1 of the Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board of County Commissioners (the "Board") of Monroe County, Florida (the "County"). Has all powers of local self-government to perform county and municipal functions and to render services in a manner not inconsistent with general law and such power may be exerdsed by the enactment of county ordinances and resolutions. (B) Section 125.01(1)(q), Florida Statutes, proVides specific legislative authorization for counties to establish a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries, or within the municipal boundaries of an incorporated area upon consent of the governing body of such municipality, within which may be provided essential facilities and services. (C) The purpose of this ordinance is to create the Stock Island Municipal Service Taxing Unit, the Summerland - Cudjoe - Upper Sugarloaf MunicIpal Service Taxing Unit, the Big Pine Munidpal Service Taxing Unit, the Conch Key - Duck Key Municipal Service Taxing Unit and the Long Key - Layton Munidpal Service Taxing Unit (collectively, the "MSTUs") to provide a limited funding source for expenses, Including reimbursement of expenditures made by the Florida Keys Aqueduct Authority, Inc. (the "Authority"), relating to the administration, plannIng and development of wastewater and reclaimed water projects. (D) The Florida Keys are designated as an "Area of Critical State Concern" pursuant to the Florida Keys Area Protection Act. (E) The intent of the Florida Keys Area Protection Act, as set forth In section 380.0552, Florida Statutes, Is to establish an effective land and water use management system that protects the natural environment and requires the provision of adequate public facilities, including wastewater and reclaimed water facilities. (F) Section 380.0552, Florida Statutes, requires the County to adopt Comprehensive Plans and Land Development Regulations that comply with the Principles for Guiding Development which require the protection of water quality, upland and marine resources, endangered and threatened spedes, community character, and public safety. (G) The foregoing principles are embodied in the Monroe County Year 2010 Comprehensive Plan. (H) The Board has previously approved the Monroe County Sanitary Wastewater Master Plan (the "Wastewater Master Plan"), which implements the Year 2010 Comprehensive Plan and requires creation of the MSTUs to provide funds for the planning and development of wastewater and reclaimed water projects. (I) If the MSTUs are not created prior to January 1, 2005, section 200.066, Florida Statutes, will prohibit the imposition of ad valorem taxes prior to the County fiscal year beginning October 1, 2006. (J) On August 4, 2004, Florida Keys Citizens Coalition, Inc. and Last Stand, Inc. petitioned for a formal administrative hearing (the "Rule Challenge") seeking to invalidate an Administrative Rule proposed by the Florida Administrative Commission concerning land Planning Regulations for the Florida Keys Area of Critical State Concern - Monroe County, Rules 28-20, Fla. Admin. Code (Monroe County). (K) The Board anticipated that the Rule Challenge would be resolved in time to create the MSTUs after the Rule Challenge was completed; however, hurricane activity in the Florida Keys and the locales in which counsel for the various parties reside has delayed resolution of the Rule Challenge. (L) Following a case status hearing for the Rule Challenge on November 15, 2004, it became apparent that the matter would not be resolved during the period anticipated by the County. (M) The time period between the Rule Challenge case status hearing and the Board's final meeting prior to January 1, 2005 was not sufficient to prepare an ordinance creating the MSTUs for presentation to the Board, so that the Board could approve placing the advertisement required to enact the ordinance under the regular enactment procedure set forth in section 125.66, Florida Statutes. Section 2. DECLARATION OF EMERGENCY. (A) Based upon the legislative findings set forth in Section 1 here, a four-fifths vote of the Board hereby waives the notice requirements of section 125.66(2), Florida Statutes, finding that an emergency exists requiring the immediate adoption of this ordinance. (B) Subsequent to the adoption of this emergency ordinance, the Board shall advertise, adopt, and ratify this emergency ordinance pursuant to section 125.66, Florida Statutes. Section 3. STOCK ISLAND. (A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Stock Island Municipal Service Taxing Unit. The Stock Island Munidpal Service Taxing Unit shall encompass (1) that portion of the unincorporated area on Stock Island located in Section 35, Township 67 South, Range 25 East, lying south of US Highway No. 1 (State Road No.5) and (2) that portion of the unincorporated area on Stock Island located in Section 26 and 35, Township 67 South, Range 25 East, bounded on the north, east and west by the centerline of Jr. College Road and on the south by the centerline of US Highway No. 1 (State Road No.5) (B) The Board is hereby authorized, In the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Stock Island Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Stock Island Municipal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied in the Stock Island Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred In advandng wastewater and reclaimed water projects within and benefiting the Stock Island Municipal Service Taxing Unit. The Board shall adopt a budget for the Stock Island Munidpal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and In the same manner as the County budget. Section 4. SUMMERLAND - CUDJOE - UPPER 5UGARLOAF. (A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit. The Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Lower Sugarloaf Channel, on the east by Niles Channel, on the south by the Atlantic Ocean and on the north by the Gulf of Mexico (between Mile Markers 16 and 26), Monroe County, Florida. (B) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied in the Summerland - Cudjoe - Upper Sugar/oaf Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advandng wastewater and reclaimed water projects within and benefiting the Summerland - Cudjoe - Upper Sugarloaf MuniCipal' Service Taxing Unit. The Board shall adopt a budget for the Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Section 5. BIG PINE (A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there Is hereby created a Municipal Service Taxing Unit to be known as the Big Pine Municipal Service Taxing Unit. The Big Pine Munidpal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Nile Channel, on the east by west end of the Seven Mile Bridge, on the south by the Atlantic Ocean, and on the north by the Gulf of Mexico (between Mile Markers 26 and 40), Monroe County, Florida. (B) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Big Pine Munldpal Service Taxing Unit, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Big Pine Munidpal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied in the Big Pine Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and Incurred in advancing wastewater and reclaimed water projects within and benefiting the Big Pine Municipal Service Taxing Unit. The Board shall adopt a budget for the Big Pine Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Section 6. CONCH KEY - DUCK KEY. (A) Pursuant to the provisions of section 125.01(l)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Conch Key - Duck Key Municipal Service Taxing Unit. The Conch Key - Duck Key Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Tom's Harbor Cut, on the east by Long Key Channel, on the south' by the Atlantic Ocean, and on the north by Florida Bay (between Mile Markers 62 and 63), Monroe County, Florida, less and except the Island known as Conch Key, and the area of Duck Key known as Hawk's Cay and served by the Duck Key Wastewater Cooperative. (B) The Board is hereby authorized, In the manner and under the authority provided by section 125.01(l)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Conch Key - Duck Key Munidpal Service Taxing Unit, commendng with the County fiscal year beginning October 1, 2005. The Imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Conch Key - Duck Key MuniCipal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied In the Conch Key - Duck Key Munldpal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advandng wastewater and reclaimed water projects within and benefiting the Conch Key - Duck Key Municipal Service Taxing Unit. The Board shall adopt a budget for the Conch Key - Duck Key Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Section 7. LONG KEY - LAYTON. (A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Long Key - Layton Munidpal Service Taxing Unit. The Long Key - Layton Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Long Key Channel, on the east by Channel Five, on the south by the Atlantic Ocean, and on the north by the Gulf of Mexico (between Mile Markers 65 and 71), Monroe County, florida, less and except all property within the corporate limits of the City of Layton. (B) The Board Is hereby authorized, In the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Long Key - Layton Municipal Service Taxing Unit, commendng with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Long Key - Layton Municipal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied in the Long Key - Layton Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs assodated with and Incurred in advancing wastewater and reclaimed water projects within and benefiting the Long Key - Layton Municipal Service Taxing Unit. The Board shall adopt a budget for the Long Key - Layton Municipal Service Taxing Unit for the County fiscal year beginning October 1, 2005 and each fiscal year thereafter, at the same time and in the same manner as the County budget. Section 8. SEVERABILITY. If any portion of this ordinance Is for any reason held Invalid or declared to be unconstitutional, Inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 9. CONFUCT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 10. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and Incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 11. FlUNG WITH SECRETARY OF STATE. The Clerk to the Board is hereby authorized and directed to send a certified copy of this ordinance to the Department of State, by certified mail, prior to January 1, 2005. Section '12. EFFECTIVE DATE. This ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of December, 2004. Mayor Spehar Mayor Pro Tern McCoy .' ''-15' , 'J~iSS, ioner Nelson /:~. " '. loner Neugent ,', ) ,....", '" . ,'i>' ~9M,..I~ioner Rice , "/. '. '\ . " '-h\. .d.' ..-\, , " . ~7~:t'~1 .:T' .; ~: yes yes yes ygs ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~.,~~ ,. . ~ Ma r ~rperson jordMSTU MONROE COUNTY ATTORNEY ~ IA~R~OFORM: ~OHN R. COLLINS COUNTY ATTORNEY Date 0" '2./) 111< C :1 ..r; ;:~p r. ',:.-,-~; :::J ' C) :-: . c:::.:.. -... ........, "".-. r ;'.) -, :-<~: 2: - 9 -" f\,) CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WES1; FLORlDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PlANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORlDA 33070 TEL. (305) 852-7145 FAX (305)852-7146 January 21, 2005 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 70041160 000719747534 Dear Mrs. Cloud, Enclosed please find a certified copy of Ordinance No. 038-2004 creating the Stock Island Municipal Service Taxing Unit, the Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit, the Big Pine Key - Duck Key Municipal Service Taxing Unit, and the Long Key _ Layton Municipal Service Taxing Unit; Providing for legislative findings; Declaring an emergency; Describing the boundaries of each taxing unit; Authorizing the levy of ad valorem taxes at rates not greater that 0.70 mil within each taxing unit; Authorizing the use of such ad valorem tax revenue for specific enumerated purposes; and Providing an effective date, This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting held in formal session on December 15,2004. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the ::Md~ . amela. Hancock, D. C. cc: Municipal Code Corporation via certified nuU1 7004116000071974 7527 County Administrator w/o document Property Appraiser County Attorney OMB BOCC File/ i,....... !-.::t :0 :0 :('.1 i , :co :C") :0 : . :'t:l 1Il: ~ I-< > i HIS . . \ ioo ~ 0'\ ~;"' . ,. tll :r: 4f 0'\ '__' ~/l-<tMQlC") ".-:I l:I= -:; 1.-.....J\1', ,..., IV /h.1- .j.,I ro Ql ('.I II _ .., ~_ II I 'oJ ..""", ,....., /"....jJ-~ en H j.;j ,.... -. .;;9.. ;~ I 'rn"ill~ ~: ~'I _ - -, ~ " ~- - <!J 1't1:en 41 1Il - .~':: ;:#-_- : ~ ~ ~~ ~~ .~ I < ~~ ~ ~ . · ~ i.i , ~ ~~ ~; ; ~ ~ & enij .'~ !:!~_...! (5 ~~ x?; Ji!! (OJ ~~{~. -:. ;: ~ ~ II : Q):J;:::: :;......;=: ~.- ~ l1::;~- r-j- - ~Je I rM!1 LOOO 0'1'['[ hOOL ILl hESL 1,'-6'[ --1" =' ~ 0< iF, I .:: iN all If t i ~ I \.; I $~ j $ ~ 00 ~ 0 C'- ~ ~ .,... ~ ~! Q. !~ ~LUI ~ ~ Ii g 1 ~~~ Ji a: 0 & cr: ~ 'oj ODD (!) 5( ~ = l a.: '- i~ ~ =a.- W 11 ! ~jH ~ ~ ,:) "i J~ (;j .~ liJ 1 ~ j c: J ~~ 0> i:7.i ..!!'.!:t: DO a: <( >< ai ci ,.; -i I ~- J ~ t, .r I * ~ 1 Ci > .e. EV I!!::i'iil o~Q)oE U1;;; 6'~ t~5i~~ ~f~Q)g~ :ij=~:6.c .~ E ~ ~ C\I 'O:J .... 0. ...:ala21-sUl E ~~~B~= j ~~c: ~ ~ Q)a:~Q).!!l ~ ]?~ 5 ~;;;~ <( 0. -.t >. 10 .c: .... E 1:;;;uoC: .9? 8~itg~5 ~ . . . ...: CU C"') '"0 ~ o ....:l U CUO cu ~lI'\ :> ...-IN 'r-l ::10 ~ (1)1 ell bD 0'\ I-l l:l .. 0'\ ~...-l~C"') [/)'1:ICUN 'r-l r-I cu C"'l l:l ...-l I-l '1:I'r-l ::I ~....:l ::ISj:Q(I)~ 0'1:1 r-I<[/)[/)CU U l:l cu cu ~...-l l:l [/) NOr-l'r-l[/) ...-l r-ICIll1l ....:!::I00..c: ell U ell . cu :3: r-I [/)I-lCUl'oor-l ~~~~~ "'"' ~ o o N 1 ~ C"') o cu C) l:l ell l:l ...-l '"0 I-l o '-' ~ * , ~ I~ .::rl /T1 i ~I .::r l"'- 0- r-'! l"'- o 0- 01 o 15. ~ l r-'!, c: .::r :; o~ ;2 J C!; J i M i ~ Zl EO T'" 5.ga; Z.S! (") ~ ~ ~ N ~ ~ ~ ~ ~ 1 0. > .Q. E~~g~ 8'~:E>'Q) 5l-ocS:E , ~,~ i~~~ iI~~E ! ci~-o5~~ ":"ilii-esi- 2 ~oQ)c~= ~ ~~~l3Ole ~ Q)a:...~._- :J;! a;:t::5":EQ) <t Q."<t >. 10 15 :E CD EE1:::E11l5 Q 8.~it5l~5 i . .. ...: a o or! .u CU J..l o e- o au o (/J ClI ~ J..l "C ~ ClI 0 4-lULf'\ClI 4-l MClI ClI r-l N (/J ""CUNrJ) ~ ell a or! M ..c: >'UOell r-lor!lXlr-l ClIa r-l :> ::l 0 ell W:::E::p.,H I ~ ::!i 0 ~ 1S.. =~ ~a: lEd 1 ~~ g ,\g 000 @. - ~ ill =.2: ~~ j ~ ~ t~ 1 ~ i c81:l 0 0 a: c.; -i Lf'\ M N N I \0 ...... M N M ........ ..;t o o N I co M o . o Z ClI U a ell ;l "C J..l o '-' ~ ~ ~ lD ~ 1"'-, ru; U1 1"'-' .:r I"'- 0- r-'! I"'- Cl , Cl a Cl 'B ~ 5 ;f g I 1"'-, Cl ...0' r-'!' r-'! ~ o c:,. C\l ~ ~ i ~ I~ ~ z.~ (Y) ~ lj E ~ ~ ~ N ~ FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES January 25,2005 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Q, Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 21, 2005 and certified coy of Monroe County Ordinance No. 038-2004, which was filed in this office on January 24,2005. s~~~ Liz Cloud Program Administrator LClkcs . " - .~ -... . c~."'-~ r; 1:'.- ("} . : -"-'" ;,"':0<'- . :~ . ' -.... ,..... u ~~~;, -'l - .. .-~~ ~ u, OSTA TE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee. Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746. TOO: (850) 922-4085 . bttp:/Iwww.dos.state.fI,us OLEGlSLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHNES (850)488-2812. FAX: (850)488-9879 (850)487-2180. FAX: (850)413-7224 (850)245-6700. FAX: (850)488-4894 OADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 EmaiI Confirmation Page 10f2 ~n~.com Municipal Code Corporation P.O. Box 2235 1700 Capital Circle SW. (32310) Tallahassee, FL 32316-2235 850-576-3171 Fax: 850-575-8852 lnfo@munlcoda,cQffi Monroe County, FL Code of Ordinances -1979(11270) Supplement 88 Recorded: 3/30/20052:54:22 PM We have received the following material through Hard Copy. Document Ado lion Descri lion Ordinance No, 038-2004 12/15/2004 Creating various taxing units, Ordinance No, 001-2005 2/16/2005 Amending Ch, 8 by creating Art, II, Disposal of garbage, rash and refuse, · Are you e-maillng us your ordinances? Send them to ords@munic~ · Does your code need a legal review? We can help - e-mail for an estimate · Ask us about electronic supplementation and our newest service N.O.W. posting ordinances In between supplements · Need additional copies of your Charter? Zoning? Code? Binders? Divider Tabs? · Also we have a GREAT new service where we provide Codes and Supplements to outside subscribers at no additional cost to the City. Contact our Distribution Department at ~lc~ · Looking for Records Management, imaging or indexing minutes services, we can help there tool Contact us for more information at Info@mcclnnovallons.com. . . "~~09.~~Yl1ic:ip~I'?D9~~~rp?r.~~e~.IIJI<ri.~rl~cR~~~!,,,~~:....., 3:. ::> o ::... Jl % "'--':f:oa ::0 ("') ?; -0 Or-- ::0 f11:;:::-< ("')" r I 0(")- en c::- ......::0::::<; -.0 -l("')r :<-;= ""1' .>- r- (;) J> i"'1 ;-'1 ......) -'l <:.J ':0 ~ ::J: ~ W en ;-q .:-:J :::J , ,~. hup:/ /intranet.municode,comIBIS/Recordinglacknow ledgePrint.asp ?jobid=38440&print=true&contactID, _, 3/3012005 Ordinance Creating Conch Key MSTU MONROE COUNTY, FLORIDA {-'L-<(\C 1&1 ORDINANCE NO. 036 - 200L AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE CONCH KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WITIDN THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA, TO PROVIDE WASTEWATER AND RECLAIMED WATER SERVICES AND FACILITIES; DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITmN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.70 MIL; AUTHORIZING THE USE OF THE TAX REVENUE FOR ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: SECTION 1. TITLE. This ordinance may be cited as the Conch Key Municipal Service Taxing Unit. SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted under the authority of Article VIII, Section 1, Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of County Commissioners (the "Board") of Monroe County, Florida, has all powers of local self-government to perform county and municipal functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances and resolutions, (B) Section 125,01 (1)( q), Florida Statutes, provides specific legislative authorization for counties to establish a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries, or within the municipal boundaries of an incorporated area upon consent of the governing body of such municipality, within which may be provided essential facilities and services, (C) The purpose of this Ordinance is to create a municipal service taxing unit to fund the provision of municipal services associated with the administration, planning and development of wastewater and reclaimed water projects within the municipal service Ordinance Creating Conch Key MSTU taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be liberally construed to effect the purposes hereof. (D) This Ordinance is adopted to fulfill the obligation of the Board under an Interlocal Agreement by and between the Board and the Florida Keys Aqueduct Authority (the "Authority") to provide limited funding source for the reimbursement and provision of municipal services relating to administration, planning and development of wastewater and reclaimed water projects (the "Interlocal Agreement"). SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT. (A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is hereby created a municipal service taxing unit for that portion of the unincorporated areas of the County. Such municipal service taxing unit shall be known as the Conch Key Municipal Service Taxing Unit. All matters concerning such municipal service taxing unit shall be governed by the Board. (B) The boundaries of Conch Key Municipal Service Taxing Unit are more particularly described in Exhibit A hereto and same are incorporated by reference. (C) From time to time the Board may by resolution take any action not inconsistent with this Ordinance or any interlocal agreement to assist the Authority in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the Conch Key Municipal Service Taxing Unit. SECTION 4. AUTHORIZATION OF AD VALOREM TAXES. (A) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(l)(q) and (r), Florida Statutes, to levy and collect additional ad valorem taxes at a millage rate not to exceed 0,70 mil upon real and personal property within the Conch Key Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Conch Key Municipal Service Taxing Unit shall terminate at the end of County fiscal year 2007-2008. SECTION 5. USE OF REVENUE; IMPLEMENTATION. (A) Revenues derived from ad valorem taxes levied within the Conch Key Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and 2 Ordinance Creating Conch Key MSTU incurred in advancing of wastewater and reclaimed water projects within and benefiting the Conch Key Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the Conch Key Municipal Service Taxing Unit for the fiscal year beginning October 1, 2003, and each year thereafter, at the same time and in the same manner as the County budget. Such budget shall contain all or such portions of the costs incurred and planned in conjunction with the funding of municipal services contracted to be provided by the Authority under any interlocal agreement. SECTION 6. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part declared to be invalid. SECTION 7. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 8. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to confonn to the uniform numbering system of the code. SECTION 9. EFFECTIVE DATE. 2003, (A) This Ordinance shall be filed with the Department of State prior to January 1, (B) After enactment by the Board, this Ordinance shall then take effect upon the filing with the Department of State as provided in Section 125.66(2), Florida Statutes, [Remainder of page intentionally left blank.] 3 PASSED AND ADOPTED by the Board of County Commissioners, Monroe Counry, Florida at a regular meeting of said Board held on this -i8th day of DecemOer 2002. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner "Sonny" McCoy Commissioner George Nugent Commissioner David P. Rice YP~ yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ;())" ?n ~ By: Mayor/Chairperson Danny Kolhage, Clerk B~~ Depu Cler .:-~:~ J :O:Allomo" om" -.. r-...::I => " 0 0 = -.. )> <...0..> r- #- E5(")? c.... f"T1 :x- C! 1T1;;' ::.: 2: no r-- I " Or). -.J 0 ~ 35:< :::u 00 -0 -f r- :::u :<~:r: ::J:: rJ ~' };, 0 r- (;') 0 .l> n1 W ::0 CO 0 Ordinance Creating Conch Key MSTU EXHIBIT A CONCH KEY MUNICIPAL SERVICE TAXING UNIT AREA The area generally bounded on the west by Tom's Harbor Cut, on the east by the Long Key Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile Markers 62 and 63), Monroe County, Florida, less and except the island known as Duck Key. J:\BONDS\2002\41 55.08 (MSTU)\Ordinances\Conch Key.doc A-I ...... .0 .5 UJ C >< ~ ~ ~ .c o c: o U j o g rn CO ::J g "5 ,6 T"" z ~~ ..;;;;;& BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (3(5) 852-7145 FAX (305) 852-7146 January 7, 2003 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 000126687910 Dear Mrs. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 033-2002 declaring that an emergency exists and waiving notice by a four-fifths vote; amending Section 2 of Ordinance No. 022-2002 in order to provide that a surcharge of $9 shall be imposed on parking tickets to fund school crossing guards; providing that the surcharge is effective in the unincorporated areas of Monroe County; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 034-2002 pursuant to Sec. 328.66, F.S., imposing a Monroe County Vessel Registration Fee; providing for the amounts of the vessel registration fee; providing for the collection of the vessel registration fee by the Monroe County Tax Collector; providing for the purposes for which the vessel registration fee may be spent; providing that the Monroe County Board of County Commissioners may enter into Interlocal Agreements with the Monroe County Municipalities for the distribution of the vessel registration fee among the Monroe County Board of County Commissioners and the Municipalities; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 035-2002 creating the Marathon Municipal Service Taxing Unit located within Monroe County, and the incorporated area of the City of Marathon, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.77 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Ordinance No. 036-2002 creating the Conch Key Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Ordinance No. 037-2002 creating the Bay Point Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Ordinance No. 038-2002 creating the Big Coppitt Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mit authorizing the use of the tax revenue for enumerated purposes; and providing an effective date, These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 18, 2002. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny 1. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County C~ by:G~ Pamela G. lIancock, D.C. cc: Municipal Code Corporation via certified mail 70022030000126687903 Growth Management-Ordinance Nos. 034 through 038 Property Appraiser-0rdinance Nos. 035 through 038 FKAA-0rdinance Nos. 035 through 038 OMB-Ordinance Nos. 035 through 038 City of Marathon-0rdinance No, 035 County Attorney County Administrator w/o documents Finance Tax Collector-Ordinance No. 034 BOCC Clerk of Court-Ordinance No. 033 File.l iiiiCttaE'N The _ K.,... q./y0ellr_ &to 1VfS Cooke Communications, LLC Florida Keys Joy Thomas Advertising COOC"dinator PO Box 1800 Key West FI 33041 Oflioll... ... ....305-292.7n7 Extension......... ... .....x219 Fax... ... .......305-29<4-0766 ~.com INTERNET PUBLISHING ~com ~.com lIoridII<eys.com key.....eet.com _ 0eslQfl Services NEWSPAPERS The CItizen ~ Flyer SoIanos HiI IIlg pr. F.... Press M8RIhan F.... Prns ~ F.... PrKs ~ I.8rgo me Prns ~ RMI Prns SMportlog MAGAZINE The........ Home Guide c~ Local'. GuIde Pancise K8ys 1V CIl8rneI Guide IIARKETlNG SERVIces COmI1*daI PrTtlin;I Citizen l.ocaIo Card Dired Mall FLORIOA KEYS OFFICES Prtntlng I Main Facility 3420 NorthIicle Drive ~ WuI, FL 3J()4O-1800 T" '.YJ5..292-nn F8X '.YJ5..294-0768 ~com InbKnet Dlvlslon 1201 V\hite SIrMl (Su~e 103) ~-'FL 33Q.4O-3328 T" 305-292-1880 F8X 305-294-1699 aale&Okeywestcom MIddle Keys Oftlce 6363 0-- Hwy MwaIhon, Fl (101M 52.5) 3J05O.3342 Tel '.YJ5..74:Hl766 F8X 305-743-99n rwviglIlorCl\ofidllkeys-<:om Upper Keys Oftlce 81549 Old Hwy PO Box -469 IIlafnorada, FL (MI.461.5) 33036-().469 Tel ~-2266 Fax 305-664-3411 ~eY$.com Ocean Reef Oftlce 3A Barecuda Lane Key Largo. FL 33037 T" 305-367-4911 F8X J05.367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations ofthe Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisem~eing a legal notice in the matter of .<M d1hc/.l/H...,CL) - ~ In the issues of Court, was published in said newspaper in the lJ).h" nt'''nLnJ / ( do 0 0 ~ Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~ r;if!) Signature of Affiant Sworn and subscribed before me thisi day of ~ ,2002 ~~Public Expires: July 23, 2004 Notary Seal Personally Known x Produced Identification Type of Identification Produced ~ NOTICE OF INTE;NTI0N TO CONSIQfR AtIORTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on . Wednesday, December 18, 2002, at 4:00 PM at the Marathon Govem- ment Center, 2798 Overseas High- way, Marathof\, Monroe County, Florida, the Board of County Com- missioners of Monroe County, Flori- da, Intends to consider the adoption of the following County ordinance: AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE CONCH KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, flORIDA, TO PROVIDE WASTE. WATER AND REClAIMED WATER SERVICES AND FACILmES; DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITHIN THE BOUNDARIES OF SUCH UNn: NOT TO EXCEED 0.70 MIL; AUTHORIZ. ING THE USE OF THE TAX REVENUE FOR ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flori- da Statutes, notJce is given that If a person decided to appeal any deci- sion made by the Board with respect to any matter considered .at such hearings or meetings, he will need a recordot ~ proceedlogS,and,that, for such purpOse, he may need tq ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be based. Copies of the above-referenced ordi- nance are avai18ble for review at the various public i1brarles in Monroe County, Florida. Dated at Key West, Florida, this 22nd day of November, 2002. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida December 1 & 8, 2002. 2002 Ad#21570400'Conch (!)A~~ ( 03(, Key Taxing Unit NOTICE OF INTENTION TO CONSIDER ADOPTION OF , COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 18,2002, at4:00 PM at the Marathon Govern- ment Center. 2798 Over- seas Highway, Mara- thon, Monroe County. Florida, the Board of County Commissioners of Monroe County, Flori- da, Intends to consider the adoption of the follow- ing County ordinance: AN ORDINANCE OF MONROE COUNTY, FLORIDA. CREATiNG THE CONCH KEY MU- NiCIPAL SERVICE TAX- ING UNIT LOCATED . WITHIN THE UNIN- CORPORATEDAREA OF MONROE COUNTY. FLORIDA, TO PROViDE WASTEWATER AND RECLAIMED WATER SERVICES AND FACIL- ITIES; DEFINiNG THE BOUNDARIES OF THE UNIT: AUTHORIZING THE BOARD TO ANNU- ALLY LEVY ADV/lJ...~ OREM TAXES WITHIN TI-IF ROIINnAAU::1=: nF- SUCH UNIT NOT TO EXCEED 0.70 MIL; AU- THORIZING THE USE OF THE TAX REVENUE FOR ENUMERATED PURPOSES;AND PRO- VIDING AN EFFECTIVE DATE. TIIE~ Yo", ~PORTER P,O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JACKL YN R. HARDER who on oath, says that she is ASSOCIA TE PUBLISHER/EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: November 29th and December 6th 2002 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one {ear next preceding the first publication 0 the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Adverti ements. Pursuant to Section 286.0105, Florida Statutes, notice Is given that If a person decided to appeal any declslo~.:1. made by the Board ve' , respect to any mattetE . considered at such tJk-., Ings or meetings, he~ need a record of the~' ceedlngs, and that. f~ ("") suoh purpose,he mss:i.i need to ensure that a:!:r!:- batim record of the P!=9:CJ ceedings is made, wnlCJr record includes the lliEJ. ,~ mony and evidence ~ r which the appeal Is to be based. Copies of the above- referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key Weilt, Florida, this 22nd day of November, 2002. DANNY L. KOLHAGE, Cler~ of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publlah: 11/29/02 & 12106102 The Reporter TavernIer, FL 33070 --..> " .::::> ._":j '-v r '- rr1 ;po 0 -- W ., 0 0 ::0 -0 AJ ::-,: :<1 '-" n c,) r.~ ;::0 C CJ no. _ K.,. ~ D<</Iy ---. Ed. """ Cooke Communications, LlC Florida Keys Jaf Thomas AdvertIslng Coordinator PO Box 1800 Key West FI 330-41 0Ilice...... ... ,305-292-7m Extension... .... '" ... .x219 Fax........ ....305-294-{)768 jtho~,com INTERNET PUBUSHING ~.com ~com tIoridoI<eys.com Ioty-w_com WoO Design Services NEWSPAPERS The C&.n ~<*tFIyer Solarea HII &;g Pine F,... Preu loIar8lhon F_ Preu IIlarncnlcla F.... Preu K..y lArgo Free "'- Oc:een RMf Prau ~Log MAGAZINE The........ Home 0...0. CiIizwl Loca/'. Guic:'- Pwaciw K..y. TV Ch8mel Guic:'- MARKETING SERVICES Commercial Pr'r1ting CiIizwllOCllll Card Dn.d Mail FLORIDA KEYS OFFICES Printing I Main Facility $420 Nolt>aIcIo DriYe K..y w..t, FL 330-40-1800 Tel YJ5..292-nn Fe< 305-294-0768 ~com IrUmet DIvIsion 1201 W. Slntet (Suite 103) K..y w..t, FL 33040-3328 Tel 305-292-1880 FIIX 305-294-1699 -okeyweot.com MIddle Key. Office 6363 0-- Hwy Ua-aIt-on. FL (1It.4 52.5) 33050-3342 Tel 305-7~766 FIIX 3O$.743-99n rwviOeIor~.com Upper Key. otf\ce 815-49 Old Hwy PO Il<lI< 469 Ialamcnd8, FL (MM81.S) 33OJ6.0469 Tel 3lJ5.664..2266 F.. J05.OO4.&411 ~eya.com Ocean Reef Oft\ce 3A ~ Lane Key Largo, FL 33037 Tel 30$-367"'911 Fa>< 305-367-2191 to~'? STATE OF FLORIDA COUNTY OF MONROE Before the Wldersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the al1ac~oPY of advertisemen~ being a legal notice in the matter of &..e...Jt.. In the issues of Court, was published in said newspaper in the ~ 1t:j,.8,.,gco~ , Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe COWlty, Florida and that the said newspaper has heretofore been continuously published in said Monroe CoWlty, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discOWlt, rebate, commission or refund for the purpose of secming this advertisement for publication in the said newspaper, t2f%/b Signature of Affiant Sworn and subscribed before me this cf}. 0 day of ~) Expires: July 23, 2004 s Notary Seal Personally Known x Produced Identification Type of Identification Produced ,20~ c:::> '.w c..... :P' -;r.. W o -0 ~ U., 3 (,) c .." P {"T"\ o .." o :;:0 ~J ;-1 (J \:J ?J Cl NOTICE Of INTENTION TO CONSIDER ADOPTION OF CduNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 18, 2002, at 4:00 PM at the Marathon Govern- ment Center, 2798 Overseas HIgh- way, Marathon, Monroe County, Florida, the Board 01 County Com- missioners of Monroe County, Flori- da, intends to consider the adoption of thll following County ordinance: AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE CONCH KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, Fl-ORIDA, TO PROVIDE WASTE. WATER AND RECLAIMED WATER SERVICES AND FAClUTlESi DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITHIN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.10 MIL; AUTHORIZ- ING THE USE OF THE TAX REVENUE FOR ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE, Pursuant to Section 286.0105, Flori-' da Statutes, notice Is given that If a person cIecided to appeal any deci- sion made by the Board with. respect to any matter considered at such hearings or meetings, he will need a record of the proc~lngs, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon Which the appeal is to be based, Copies Of th8 above-retireilced ordi- nance are awllable for review at the various public IIbrarIe8 In Monroe COOnty, Florida. . Dated at Key West, Florida, lhiI 22nd day of NoYemb<<, 2002. DANNY L. KOLHAGE, Clerk of the CIrcuit Court and ex oIflcio Clerk of tile Board of Courtty CommIIIIoner8 of Monroe County, FlorIda December 1 & 8, 2002, 2002 fLORIPA JUTS KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida no. 2428100 NOTICE OF INTENTION TO CON61DER ADOPTION OF COUNTY ORDINANCE, NOTICE IS HEREBYG!VENTO WHOM IT MAY CONCERN that onW~, December 18, ~n4~n:.,~Cenler, 2798 aver- Highway, Merathon, Monroe County, ~~~::~~;~;:::,ty .~~t~I~~~~f\~ lonowlng C~ty ordin.nee: AN ORDlNANCE OF MONROE COONlY, t'LORIDA, CREATING THE CONCH KEY MUNICIPAL 6EAVtCI; TAXING UNIT LO- CATED WITHIN THE UNIN COfIPQRATEO AREA OF MON. ROE COUNTY, FLORIDA, TO PROVlO! WASTEWATER AND RECLAIMED WATER SE VICES AND FACJU"fIES, DEFINING THE BOUNDARIES OFTHi"lJNIT, AUTHORIZING THE- 80ARD TO ANNUALLY LEVY AD VALOREM TAXES WITHIN THE'BOUNDARIES OF SUCH UNIT NOT TO EXCEEO 0..70 MIL, AUTHORIZING THE USE OF THE'TAX REVENUE FOR ENUMERATED f'URPO ES, AND PROVIDING AN EF FECTIVE DATE. Pureuant to s.Ctlon 28e.Ol05, FlorIde Statutee, notice la glvan that if . pertlOn ~ to DHl any decl.lon made by the B~ with _~t to any mat ter con_red .t .uch hearing. or m..tI~ he w1" nead a .... ~~~ 'uchp=~ ~~ nMe! to en.UN that . VtIIbatlm raCord of. h pr~. ='"_ ~ re;:t . """"~~iI"O Qued. .. . ,eQ~ PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he Is PUBLISHER of the FLORIDt KEYS KEYNOTER, a twice weekly newspaper published In Marathon, in Monroe County, Florida: that the attached copy of advertisement was published In said newspaper In the Issues of: (date(s) of publication) '1/1f2iC?l1lVJ, if}, J~vlWV 7 ~t/Y~ v Affiant further says that the said FLORIDA KEYS KEYNOTER Is a newspaper published at Maia:hon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published In said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second dass mall matter at the post office in Marathon, In Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Flori-;t::! I(~\fc; Kp.ynoter Is In full comoliance with Chaoter 50 of the Florida State Statutes on Leqal and Official Advertisements. Copl". of the abovlHet..."nced or.dlnenCtl .... avalleble for r view at tha verl_ :PI/bUc Up,ar ..llI Mon~ Co...ty, floride. P:.:v~~~ob". . . OANNY L. KOLHAGE, Clerk the Circuit Court and.x officio C~ of the Board af-Coun , Comml..Iort.... of MonrCtl County, FIotI Publlah November 30, December-7,2oo2 Florlde Key. Keynoter ~- . Qf to BEVERLY TAAroEft . :!~ARY~& My CoMm Elop. 9r'1!(2003 V) P\.JEfLfC "'" I . ... . .L No. CC 170942 . '...... ,r _ V-...y KIlo..n (J 0IIw I.D. 03!,p- ~col./ ,~ "T1 = :x. ,::1 ......::> r U c.... Z ',;-. ...." rT1 ::.u . . rT1 0 CO . CO ,....,C> "T1 ~, I 'J' r -.J 0 0("'")" :;0 c:-.... Z?'c -0 :Xl .-\ r. ::r. rr1 -<"-. C) .. ~> ~ "'T1 C ;. 0 ~ r'l N :::0 OJ 0 DIVISIONS OF FLORIDA DEPARTMENT OF STATE ~.W4.r'h>< ~., ~-,.~~ ~.~~,A!&.<. . ~~,< l- ..... , - - , . " ':~"'''''''''\;'~I' . I, ~ .. - \ ".....'- - ~-,.;... '. MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the Internal ~ovement Trust Fund Administration Corrunission Florida Land and Water Adjudicatory Commission Siting Board Dlvi,ion of Bond FUlaDCe Department of Revenue Department of Law Enforcement Dep~nt of Highway Safety and MOlar Vehicles Department of V elerans' Affairs Gffice of the ~ecretary Office of International Relations Division of Elections Division of Corporations Divisinn of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division nf Licensing Division of Administrative Services FLORIDA DEPARfMENT OF STATE Ken Detzner Secretary of State DMSION OF ELECfIONS January 14, 2003 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr, Kolhage: Pursuant to the provisions of Section 125,66, Florida Statutes, this will acknowledge receipt of your letter dated January 7, 2003 and certified copies of Monroe County Ordinance Nos, 034-2002 through 038-2002, which were filed in this office on January 10, 2003, Si~~~ Liz Cloud, Chief Bureau of Administrative Code LC/mp w BUREAU OF ADMINISTRATIVE CODE C The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270 FAX: (850) 245-6282 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.fl.us :r C) a 2 'Do 3 ("):': f'?1!;~ ("). '''':' 0("): ~ 55 ;,~ -/' c: __(")r ." :-f ::c ""'l )>. r- CJ )> f'?1 ~ = <= '-'-> L- ::t. ;Z .." - r- fT1 o --" o ::0 ::0 rrl () o ::0 o -.J ::t. :r - - Email Continnation Page 1 of2 . Municipal Code Corporation Municipal Code Corporation info@mail.mllnicode.com P.O. Box 2235 Tallahassee, FL 32316-2235 Monroe County, FL Code of Ordinances _ 1979(11270) Supplement 79 Recorded: 1/14/20031:56:08 PM We have received the following material through Hard Copy. '"'" ...,., -= 3- Cl = 0 w...> r % )> <- fTl :::007 ):loo 0 0,:'::: ::z: fT1~.' N ...,., O' f- a on. ::;:0 c--- z:=Oc :r;. :::0 -i r- ::r: 1'1 -< C") .,' (-:) . ;--I); s ~ C7 0 :;.0 )> r'1 W 0 J:"' >_.r This is our new acknowledgement fonnat You will no longer be receiving post cards for ordinances received. If you have any questions please contact us at the phone number or email address listed below. Thank you for your assistance and cooperation. Document Adoption Description Ordinance No, 12/18/2002 Amending Sec, 2 ofOrd. No, 022-2002, providing that a surcharge of 033-2002 $9 shall be imposed on parking tickets to fund school crossing guards, Ordinance No. 12118/2002 Providing for the collection oftbe vessel registration fee by the county 034-2002 tax collector, Ordinance No, 12/18/2002 Creating the Marathon municipal service taxing unit located within 035-2002 Monroe County, to provide wastewater and reclaimed water services and facilities. Ordinance No. 12/18/2002 Creating the Conch Key Municipal service taxing unit located within 036-2002 the unincorporated area of Monroe County. Ordinance No, 12/18/2002 Creating the Bay Point municipal service taxing unit. 037-2002 Ordinance No. 12/18/2002 Creating the Big Coppitt municipal service taxing unit. 038-2002 Tired of receiving your acknowledgements by mail? Send us your email addressatlnfo@mall.munlcode.com. Get our 50th anniversary cookbook at www.munlcode.com You can submit your ordinances via email toords@mail.rylunlcode.com. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: dlsf@mall,munlcode.com http://intranet.municode,cOmIBIS/RecordinglacknowledgePrint.asp?jobid==3 881 &print==tru", 1 /14/2003 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 17. 2007 Division: Budqet and Finance Bulk Item: Yes [gI No 0 Department: Grants Administration Staff Contact Person: David p, Owens AGENDA ITEM WORDING: Approval of contract with consultant to provide Tavernier Historic District Intensive Level Survey and Publication, ITEM BACKGROUND: The Tavernier Historic District was desiqnated in 2005. but there is little information on individual structures. This proiect will include extensive historical research on individual buildinqs. and will include a published report. available to the public, The County has been awarded a qrant from the State Division of Historical Resources for 50%. UP to $25.000.00. with County match of 50% of the total cost. Resvonses to the County's ReQuest for Provosals will be ovened December 12. 2007, These will be evaluated and a consultant will be selected shortly thereafter, That consultant's name and other information will be inserted into this contract. and the aQenda item will be uvdated and distributed. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for qrant Nov. 2006: approval of qrant contract with State Sept. 2007: approval to issue Request for Proposals Oct. 2007. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: approval TOTAL COST: not to exceed $50.000.00 COST TO COUNTY: not to exceed $25.000,00 BUDGETED: Yes [gI No 0 SOURCE OF FUNDS: ad valorem taxes REVENUE PRODUCING: Yes 0 No [gI AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTY 0 OMB/PURCHASING 0 RISK MANAGEMENT 0 DOCUMENTATION: INCLUDED: IZI NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: to be determined Effective Date: December 17, 2007 Expiration Date: June 30,2008 Contract Purpose/Description: Agreement to provide consulting services for the Tavernier Historic District Intensive Level Survey and Publication. Contract Manager: David P. Owens (Name) for BOCC meetino on 12/17/07 4482 (Ext.) Administrative Services (Department) Aoenda Deadline: 12/04/07 CONTRACT COSTS Total Dollar Value of Contract: to be determined; Current Year Portion: same not to exceed $50,000,00 Budgeted? Yes XX No Account Codes: 125-01531-530490-GK0801-530340 Grant: $25,000.00 County Match: $25,000.00 Estimated Ongoing Costs: $0.00 (Not included in dollar value above) ADDITIONAL COSTS For: (eo, Maintenance, utilities, ianitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes Date In Needed YesD NoD YesD NoD YesD NoD YesD NoD Date Out Reviewer Risk Management O,M.B./Purchasing County Attorney Comments:_ OMB Form Revised 9/11/95 MCP #2 AGREEMENT FOR CONSULTING SERVICES for The Tavernier Historic District Intensive Level Survey and Publication This Agreement ("Agreement") made and entered into this _day of , 200_ by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND a of the State of its , , whose address is successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for The Tavernier Historic District Intensive Level Survey and Publication; and WHEREAS, COUNTY has entered into a Historic Preservation Grant Award Agreement Certified Local Government Grants (Matching) Grant No. F0703 with the State of Florida, Department of State, Division of Historical Resources; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to, an intensive level survey of the Tavernier Historic District, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ, 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County, No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2,2 through 2,6, and other services identified as part of Basic Services, and include normal consulting services to complete an intensive level survey and publication of the Tavernier Historic District. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY, The notice to proceed must contain a description of the services to be performed, and the time within which services must be performed, 2.1.2 Project schedule is as follows: After Authorization Phase I - Data Collection and Review Phase II - Draft Publication Phase III - Final Product Note: Activities listed above may occur concurrently, The Project must be completed no later than June 30, 2008. Time is of the essence in this regard, 2.2 DATA COLLECTION AND REVIEW 2.2.1 Extensive historical research will be done on each of the historic buildings in the Tavernier Historic District. Sources to be consulted could include deeds, census records, vital records, phone books, business records, historic photographs, oral history, architectural and building records - in addition to the buildings themselves. Any property within the Tavernier Historic District that is fifty years old or more will be included in the project, regardless of whether or not it is currently considered to be contributing, Eligible currently noncontributing buildings will have Florida site files prepared for them. But the result will not simply be an updated version of the existing windshield survey: It will be a published "intensive-level" survey with a strong public education component, fleshing out the bare-bones information currently available, telling the stories of these buildings and making a case for why they are significant. The methods and formats used must comply with the terms of the COUNTY'S agreement with the State of Florida 2.3 DRAFT PUBLICATION 2.3.1 Included shall be monthly updates, The due date of the draft publication is April 30, 2008; CONSULTANT must deliver a draft publication to the COUNTY and the State on or before that date, 2.4 FINAL PRODUCT 2.4.1 The final product will be a history of the built environment of Tavernier. This will consist of a series of building histories, written in prose that is thoroughly footnoted while still being readable. An introduction summarizing the physical development of the community would also be appropriate, along with a timeline, black-and-white photographs, and maps. The format should be downloadable as a PDF document and in a size that is easily able to be printed off a computer or photocopied, and bound for hardcopy distribution, The final product must comply with the terms of the COUNTY'S agreement with the State of Florida, and be delivered to the COUNTY and the State on or before June 30, 2008, 2.5 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 2.5.1 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub- consultants, or both. 2.7.1 WRllTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery, All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: Mr, David p, Owens Grants Administrator 1100 Simonton Street, Room 2-213 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Notice to the CONSULTANT shall be delivered to: ARTICLE III ADDITIONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services, They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of the Project provided as a part of Basic Services, B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice, B, Providing representation before public bodies in connection with the Project, upon approval by COUNTY, except for the presentation to the BOCC noted in Section 2.5,1, 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT, The CONSULTANT shall respond with a fee proposal to perform the requested services, Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY.S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including objectives, schedule, constraints and criteria. 4.2 The COUNTY shall designate a representative to act on the COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2,8. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors, 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified, No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work, 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. The first ten dollars ($10,00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names, If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 CONTRACT AMOUNT 7.1.1 A. The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of the Contract the Contract sum of /100 Dollars ($ ), B. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor. 7.2 PAYMENTS 7.2.1 For its assumption and performance of the duties, obligations, and responsibilities set forth herein, the CONSULTANT shall be paid upon delivery of the final product, contingent upon approval of the draft and final product by COUNTY and the State of Florida Division of Historical Resources, (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (8) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, 7.3 REIMBURSABLE EXPENSES 7.3.1 R~imbursable expenses include expenses incurred by the CONSULTANT in the interest of the project outside of the basic scope of work: a, Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Reproductions as requested only by the COUNTY. c, Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners, 7.4.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay, 8.2 The coverage provided herein shall be provided by an insurer with an A.M, Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida, The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage, Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY, 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440, B. Employers Liability Insurance with limits of $100,000.00 bodily injury per Accident, $500,000,00 bodily injury by disease, policy limits, and $100,000,00 injury by disease each employee, C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $300,000,00 combined single limit. If split limits are provided, the minimum limits acceptable shall be $100,000.00 per person, $300,000.00 per occurrence, and $50,000,00 property damage. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000,00 combined single limit. If split limits are provided, the minimum limits acceptable shall be $250,000.00 per person, $500,000.00 per occurrence, and $50,000,00 property damage. An Occurrence Form policy is preferred, If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of $250,000,00 per occurrence and $500,000,00 aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D, G, CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H, CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY, ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS Any copyright for publications or other materials prepared by the CONSULTANT for this Project shall be held by the Florida Department of State, Division of Historical Resources, CONSULTANT may arrange for copyright of such materials only after approval from the Department of State, Any copyright arranged for by the CONSULTANT shall include acknowledgment of grant assistance, CONSULTANT agrees to, and awards to the Department of State and, if applicable, the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party, 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. The COUNTY may terminate this agreement in accordance with the terms of Attachment C, Section 3,1 of the Historic Preservation Grant Award Agreement between the State of Florida and COUNTY, attached hereto. B. The CONSULTANT may terminate this agreement in accordance with the terms of Attachment C, Section 3,2 of the Historic Preservation Grant Award Agreement between the State of Florida and COUNTY, attached hereto C. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so, 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, the Historic Preservation Grant Award Agreement and attachments A, B, C, and D, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287,133, Florida Statutes), Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287,133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9,8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. COUNTY, CONSULTANT, and the State of Florida Department of State Division of Historical Resources or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY, 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State, In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration, Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings, 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law, 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission, 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties, If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9,5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss, 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s, 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss, 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS, The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec, 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY, 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law, 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart, IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman Date: (Seal) Attest: CONSULTANT BY: By: Title: Title: END OF AGREEMENT Historic Preservation Grant Award Agreement Certified Local Government Grants (Matching) Grant No. F0703 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Monroe County, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Tavernier Intensive Level Survey and Publication Project, hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes, The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter lA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item Number 3182, contained in the 2007 - 2008 General Appropriations Act, Ch. 2007-25, Laws o/Florida, the Department enters into this Agreement with the Grantee under grant number F0703, for the purposes as described in Section I. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of twenty-five thousand dollars ($25,000) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following Approved Scope of Work: A. Conduct a Historic Properties Survey of the Tavernier Historic District which would update a 2003 survey as well as research and document the historic buildings of the district for local and website publication. Florida Master Site File Forms will be completed on all newly surveyed historic structures. A Survey Log Sheet and Final Survey Report, meeting the requirements of Chapter lA-46.001 FAC, will be produced. Funds will be used to hire a professional consultant to conduct the survey. B. Progress and Expenditure Reports will be submitted to the Department on a quarterly basis and all proposals and contracts for consultant services shall be submitted by the Grantee to the Department for review and approval, prior to the execution of the contract, as specified in Attachment A ofthe Grant Award Agreement. C. A draft of the Survey Report, draft of the website PDF publication and five sample Florida Master Site File Forms, including photos and maps, per Attachment D of the Grant Award Agreement, will be submitted to the Department no later than April 30, 2008 for review and approval. D. Two copies of the Final Survey Report, one disc copy and one hard copy of the PDF publication, the Survey Log Sheet and one copy of each Florida Master Site File Form, with accompanying photos and maps, will be submitted to the Department at the end of the grant period, no later than June 30, 2008, as final products. Any grant product deadlines indicated in this section (excluding quarterly Project Progress & Expenditure report deadlines) must be incorporated into the applicable contract for goods and services. II, The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNT ABILITY attached as Attachment A hereto; Chapter IA-35, Florida Administrative Code; and the following specific conditions: A, This grant becomes etTective on July 1,2007 and ends on June 30, 2008. This agreement must be signed by the grantee and received in Department offices by October 1,2007 to avoid forfeiture of award, Project initiation as evidenced by grantee execution of a binding contract for all or part of the Approved Scope of Work in Section I. above, shall occur by November 1,2007, All grant funds and match shall be expended and all project work shall be completed by June 30, 2008, B. The Grantee agrees to submit the final Products and the "Final Project Progress & Expenditure Report" incorporated herein by reference and available online at http://www.flheritage.comlgrants/info/reports/. as specified in Attachment A, Part II, subparagraph B,2" by July 31, 2008, No costs incurred prior to July 1,2007 are eligible for payment from grant funds, No costs incurred after June 30, 2008 are eligible for payment. No extension of the grant period will be allowed. C. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. D, The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department hannless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense, E. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requirements set forth in this Agreement. The designated Project Manager for the Project is: Name: <"Oc~ vi id I. 0 l.-'\/ "41 <:::. Title: (-0~..Y\.I-S /1 d m ;' 1'/' .5/1-;;,..1-.,..,...... Mailing Address: II 0 0 ,5 j il1 6VI hY\ ST. City: K -e '( r.-zJ f? S r,' ;=-:L Zip Code: 3 3 U t.j () ..,- , c Daytime Telephone: " )() "). ? I 2 - LI 'f g L FAX: 3 {; 5- Z 12. c/r:;-/S- e-mail: Qt,vCf15,- d(,v,'d 0.] f11(f}1/'Ct'COl.;idy- fl. j0 v' f, The Grantee shall submit a Project Schedule to the Department by November 1,2007, The Project Schedule shall include at a minimum (as applicable) the following estimated milestone dates for the project: date of architect selection, date of execution for architectural and engineering services agreement, date of completion of construction documents, bid date, contractor selection date, date of notice to proceed for construction, and date of substantial completion, It shall be the responsibility of the Grantee to provide Department grants statTwith timely update of the Project Schedule if adjustment becomes necessary, G, The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, as specified in Attachment A, Part II, subparagraph A.2.i(3); and provided that it 2 (.'~ -II is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. H, For Acquisition and Development projects, the Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work, I. For Survey and Planning and Community Education projects, the Grantee shall submit complete bid documents, including specifications, to the Department for review and approval prior to the execution of any contracts, J. The Grantee agrees that all acts to be perfonned by it in connection with this Agreement shall be perfonned in strict conformity with all applicable laws and regulations of the State of Florida, K. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program, L. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter //9, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. M, Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112,06/, Florida Statutes, N, The Grantee recognizes that the State of Florida, pursuant to Section 2/2.08(6), Florida Statutes, is not required to pay taxes on any goods or services that may be provided to it pursuant to this Agreement. 0, The Department's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is tenninated and the Department has no further liability to the Grantee beyond that already incurred by the tennination date, In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. p, All project work must be in compliance with the Secretary of the Interior's Standards for ARCHEOLOGY and HISTORIC PRESERVATION: Identification, Evaluation, Historical Documentation, and Preservation Planning, available online at http://www.nps.gov/history/standards.htm. Q, The Grantee will not discriminate against any employee employed in the perfonnance of this Agreement, or against any applicant for employment because of race, religion, color, disability, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. R, The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. 3 S. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency, T. The products of the Project must be the original work of the Grantee or its consultants, If the work of others is used as background infonnation, it shall be appropriately credited to the originator, III, The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of twenty-five thousand dollars ($25,000) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of twenty-five thousand dollars ($25,000). A, Grantees may elect for disbursement of grant funds on one of two schedules as described in 1, and 2. below, This election must be made upon execution of this agreement and, once made, may not be changed during the course ofthe Project. Requests for payment must be made in writing by the Grantee consistent with the performance measures indicated below and must specify the amount of funding being requested. The Grantee must check the box below to indicate the disbursement schedule elected for the Project: o Advance Disbursement ~ Reimbursement 1. Advance Disbursement - Grant funds are paid in four installments of 30%, 30%, 30% and 10%, respectively, The Grantee shall invest any advanced grant funds in an interest bearing checking account, and interest earned on such investments shall be returned to the Department in a single payment to be included with the Final Project Progress and Expenditure Report, (a) Installment I (30% of grant award amount) may be requested by the Grantee upon receipt by the Department of the following perfonnance measures: (a) two original signed copies of this Agreement and signed Attachment A, (b) one original signed copy of the Preservation Agreement incorporated herein by reference and available online at http://www.flheritage.com/grants/info/reports/ (ifapplicable), (c) a copy of the required Project Schedule, and (d) a copy of the Request for Qualifications (RFQ) or Request for Proposals (RFP) required for project initiation, as applicable, No grant funding will be released prior to Department receipt of these perfonnance measures, (b) Installment 2 (30% of the grant award amount) may be requested by the Grantee upon Division approval and Grantee execution of a binding contract for all or part of the Approved Scope of Work described in Section 1 above, Installment 2 grant funding will not be released prior to Department receipt of a copy of the executed binding contract for all or part of the Approved Scope of Work, (c) Installment 3 (30% of the grant award amount) may be requested by the Grantee upon Division receipt of documentation confirming encumbrance by binding contract(s) of or expenditure of 50% of the grant funding. Installment 3 grant funding will not be released prior to Department receipt of the specified expenditure documentation, which must confonn to the requirements of the quarterly Project Progress and Expenditure Report fonn, 4 (d) The Final Installment (10% of the grant award amount) is a retainage amount, which may be requested by the Grantee upon completion of the Project and will be released by the Department only after receipt and approval of (a) any fmal Project products required in the Approved Scope of Work and (b) the Final Project Progress and Expenditure Report. The Final Project Progress and Expenditure Report must clearly document Grantee expenditure of the full amount of the grant award and the full match amount. 2. Reimbursement - The Grantee may request reimbursement of expenditures as documented in each required quarterly Project Progress and Expenditure Report, All such requests must document expenditure of match resources in substantially equal portion to grant funds expended for the reporting period, More frequent Project Progress and Expenditure Reports may be submitted if a shorter reimbursement schedule is necessitated by rapid Project progress and/or a higher rate of expenditure, 3. The disbursement schedules in both I, and 2, above shall be subject to any special conditions required by the Office of the Chief Financial Officer of the State of Florida, The Department reserves the right to withhold payment if the Grantee fails to provide semi-annual Project Progress and Expenditure Reports or is otherwise found to be in violation of any term(s) of this Agreement or other Agreements with the Department. 4. The Department shall evaluate all payment requests based on the status of project work and compliance with the reporting and procurement requirements of this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and approval of the grant assisted work by the Department. The total of grant funds transferred to the grantee following final Project completion, including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. IV, Each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 2/5,97, Florida Statutes, A. All audits as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period, All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. B, Grantees shall sign and return to the Department one original copy of Attachment B to this Agreement, which refers to the responsibility of the Grantee under the Florida Single Audit Act. C, The Grantee shall complete a Florida Single Audit Act Certification which shall be provided by the Department before January 31 of each calendar year, This form shall be returned by February 28 of the same year, The Grantee shall complete this form for each Grantee fiscal year in which grant funds were expended, V, The Grantee shall submit all contracts for professional services (architecture, engineering or consultant services) to the Department for review and approval prior to final execution by the Grantee, In addition to the review submissions indicated in lILA, above, the Grantee shall also submit (a) complete architectural documents (plans and specifications), as may be applicable, (b) copies of all contracts for the procurement of goods and services relating to the project work, and (c) copies of all proposed change orders or amendments to said contracts to the Department for review and approval prior to final execution. 5 Department review and approval of said contracts shaIl not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts, A, The Special Conditions of Contract included in Attachment C hereto shall be included in all contracts Cor goods and services associated with this Project. These provisions require that consultants, design professionals and contractors comply with federal Equal Employment Opportunity legislation, and that all contracts for goods and services include provisions for retention and Department access to Project-related records, specification of Project duration, and contract termination in accordance with this Agreement. These Special Conditions of Contract may be attached and made part of each agreement for architectural, engineering, consultant or construction services. Alternatively, the provisions in Attachment C may be incorporated into the body of each such agreement. B, Pursuant to Section 267.03 I (5)(i), Florida Statutes, the Grantee shaIl provide the Department an opportunity to review and approve architectural documents for the Project at the following points in their development: I, Upon completion of schematic design; 2, Upon completion of design development and outline specifications; and 3, Upon completion of working drawings and specifications, prior to execution of the construction contract. VI. For all grant-assisted projects, except as exempted below, execution of the Preservation Agreement referenced in 1II,I,(a) above is required, By executing the Preservation Agreement, the Grantee agrees to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period of five years from the date of execution, No grant Cunds will be released prior to Department receipt oC one original signed and notarized copy of the completed Preservation Agreement. Exceptions to this requirement are properties owned by the State of Florida or the Federal Government, museum exhibits and archaeological sites. VII, This Agreement is executed and entered into in the State of Florida, and sha1l be construed, perfonned, and enforced in a1l respects in accordance with the laws and rules of the State of Florida, Each party sha1l perfonn its obligations hereunder in accordance with the tenns and conditions of this Agreement. VIII. If any tenn or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such tenn or provision shaIl be deemed stricken, IX, No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. X, Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in perfonnance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State, Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service, The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee wilI be deemed to be an independent contractor and will not be considered or pennitted to be an agent, servant, joint venturer, or partner of the State, 6 Xl. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld, The Agreement transferee must also demonstrate compliance with Chapter lA-35. Florida Administrative Code, If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement, In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06. Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. XII. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XIII, The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A, Suspension, Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification, When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended, The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2, Commitments, No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties, 3, Adjustments to payments, Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period, 4, Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee, B, Termination, Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion, 7 1. Termination for cause, The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State, Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter, The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is ofa nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address, In the event of termination of this Agreement, the Grantee wiIJ be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination, 2. Termination for convenience, The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds, The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated, 3, Termination by Grantee, The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation, After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work, 4, Commitments, When a grant is terminated, the Grantee wiIJ not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee wiIJ cancel as many outstanding obligations as possible, The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination, Costs incurred after the effective date of the termination will be disallowed, XIV, Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R, A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to Monroe County, 510 Greene Street, Key West, 33040, for the Grantee, Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address, XV, Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship, XVI. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties, No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties, All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees, The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: 8 DEPARTMENT OF STATE FREDERICK P. GASKE Director, Division of Historical Resources Date MONROE COUNTY Signature of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date MONROE COUNTY ATTORNEY PROVE,D Aq, T F M: ~1.. CYNTHIA L. ALL ASSISTANT COUNTY ATTORNEY Date Cl~ ' d-. q, d-.O {):r 9 Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Matching Grants and Administrative Instructions for Historic Preservation Project Accountability Grant No. F0703 Tavernier Intensive Level Survey and Publication Project I have read, understand, and recognize that Attachment A is a legally binding part of my Grant Award Agreement and that its provisions shall be enforced. Signature of Authorized Official Signature of Project Manager Typed or Printed Name of Authorized Official Typed or Printed Name of Project Manager Typed or Printed Title of Authorized Official Typed or Printed Title of Project Manager Date Date Please sian and return this paae with your sianed Grant Award Aareement. State of Florida Department of State Division of Historical Resources July 2007 Historic Preservation Grant Award Agreement Attachment A Grant No. F0703 Tavernier Intensive Level Survey and Publication Project General and Special Conditions Governing Small Matching Grants and Administrative Instructions for Historic Preservation Project Accountability State of Florida Department of State Division of Historical Resources July 2007 Introduction and Definitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department of State is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park Service, United States Department of the Interior as authorized by the National Historic Preservation Act of 1966, as amended. Major funding for the overall program is derived from State funds authorized by the Florida Legislature and from the annual apportionment of Federal funds to Florida through the Federal historic preservation program, The award and administration of grant-in-aid assistance for historic preservation projects to be carried out by public agencies or preservation organizations at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources, The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annual apportionment of Federal funds, Continued eligibility for Federal funding assistance requires that the State's comprehensive historic preservation program be administered in accordance with Federal laws, regulations. and conditions, as well as those of the State of Florida, The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. Definitions "Allowable project costs" are the direct costs in cash expenditures and value of in-kind donations that are necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accountability, "Approved Scope of Work" means those activities described in Section I of the Grant Award Agreement or in a fully executed amendment thereto, "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" means the agency, organization, or individual named in the Grant Award Agreement. "Grant period" means the period of time beginning on the effective date of the Grant Award Agreement and ending on the date specified in the Grant Award Agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share or local matching share sources, public or private, and whether provided in cash or in-kind, 2 PART I General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions listed below; and special conditions affixed to project grant awards, Applicability These conditions are applicable to the Grantee and to any consultants, contractors, or employees to which grant-in-aid funds are paid (including but not limited to architects, engineers, archaeologists, historians, contractors, construction managers, suppliers, vendors, etc.). Failure by the Grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1, Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general, the Grantee shall meet the following requirements regarding publicity of hislher project: a, At the outset of the project, a news release shall be sent by the Grantee to local print and electronic media identifying the project's specifics including the source(s) of grant funds, name of the project, nature of the project, and its benefits to the community. A copy of the news release(s) shall be submitted to the Department. b, Upon completion of the project, the Grantee shall issue another news release to local print and electronic media. c. There shall be an effort on the part of the Grantee to encourage pUblication of one or more feature stories on the Grantee's project by a newspaper, magazine or television program of at least local circulation. The Grantee shall provide the Department with a copy of any ensuing articles or a written statement identifying the date and network of any television broadcast(s), In the event that such efforts are unsuccessful, the Grantee shall provide the Department with copies of correspondence with newspapers, magazines or television stations indicating the Grantee has requested such a feature story, or written certification from the Grantee to the Department that such an effort was made, d. During the course of the project, the grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by letter of the nature and benefits of the project. e, In the case of rehabilitation or restoration projects, the Grantee should also make an effort, where appropriate in the judgment of the Grantee, to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature, f. Federally Funded Projects: All news releases and promotional materials relating to Federally funded projects shall contain acknowledgment of grant assistance, substantially as follows: This project [publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, administered through the Bureau of 3 Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. g, State Funded Projects: All news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance, substantially as follows: This project [publication] has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. 2. Amendments to the Grant Award Agreement. All amendments to the Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the Grantee, 3, Changes in Approved Scope of Work. The Grantee may not, without formal amendment of the grant award agreement, make changes in the scope of the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I. of the Grant Award Agreement or make any changes that might result in a deviation from the intent of the legislation that authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination, 4, Extension of Grant Period, No extension of the arant period will be allowed. 5, Timeliness of Work. All project work shall be completed and all grant and matching funds shall be expended by the grant end date, The "Final Project Progress & Expenditure Report" shall be submitted within thirty (30) days following the grant end date, 6, Project Supervision, The Grantee will assure that competent and adequate professional supervision and inspection are provided and ensure that the completed work conforms to the approved standards and specifications, 7, Conflict of Interest. The Grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds unless specifically authorized in writing by the Department prior to expenditure of said grant funds, 8. Dual Compensation. If a Grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 9. Contingent Fees, No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee, For breach or violation of this prohibition, the 4 Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage brokerage or contingent fee, or to seek such other remedies as may be legally available, 10. Use of Individual Consultants, No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability contained in Part II herein, In no case will consultant fees over and above regular salary be paid to employees of the Grantee organization or of professional firms or organizations whose services have been properly procured by the Grantee for the project. The Grantee will not use any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures, attending program functions, or any other activities in connection with the project. 11. Civil Rights Compliance, The Grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance, Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled individual is solely, by reason of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance, The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance, Every grantee is required to submit a Civil Rights Assurance of Compliance Form, No grant awards may be made without a Civil Rights Assurance of Compliance Form on file, 12, Discrimination In Employment Prohibited, In all hiring or employment in connection with the project, each employer (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin, In addition, no qualified person shall, on the basis of disability, be subject to discrimination in employment in the grant assisted project. These requirements apply to, but are not limited to, the following: employment, promotion, demotion or transfer; rates of payor other forms of compensation; and selection for training, including apprenticeship, The Grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on equal employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive Orders, including enforcement provisions, 13, Religious Institutions, If the project involves a place of worship or faith-based organization or property, the Grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities, 14. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conduction of candidate's meeting(s), engaging in voter registration or voter transportation activity, or other partisan political activities, 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 USC 1501 et, seq" as amended, with its stated exceptions, 5 16. Lobbying Activity, No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 1913, 17, Safety Precautions and Liability, The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910), 18, Reports, Records, and Inspections, The Grantee will submit financial, project progress, evaluation, and other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds, The Grantee, its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectiveness, legality, and achievements of the program, 19, Examination of Records, The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the Grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project, or until all claims or audit findings have been resolved, 20, Disclosure of Information, The Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to all documents, papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Information Act, 5 USC 552 as amended by Public Law No, 104-231, 110 Stat. 3048. 21. Rights to Data and Copyrights, When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources, The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance, As a condition of grant assistance, the Grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 22. Compliance with Environmental Protection Laws and Regulations, No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the National Environmental Policy Act of 6 1969, as amended, 42 USC 4321 et, seq., establishing national policy goals and objectives for protecting and enhancing the environment. 23, Energy Conservation, The Grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 24. Convict Labor, The Grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, as amended no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work, Convict labor shall be recorded in the Project Progress & Expenditure Report and shall be supported by a signed statement from the supervising individual, attesting to the number of laborers and the number of donated hours, 25, Minority Businesses, The Grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Section 288,703, Florida Statutes, in accomplishment of project work, To the maximum extent possible, the Grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services, Affirmative steps shall include but not necessarily be limited to the following: a, Inclusion of qualified minority businesses on solicitation lists; b, The assurance minority businesses are solicited whenever they are identified as potential sources; c. The division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; d. The establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and e, Utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U,S, Department of Commerce, 26. Requirements for Survey Reports, Publications and Media Project Products. All projects resulting in a written or published report or other publication, and for projects that result in production of a video, DVD or other non-print media product shall contain the following acknowledgement of funding assistance and content disclaimer: a. For Federally Funded Projects: This project [publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U, S. Department of the Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission, However, the contents and opinions do not necessarily reffect the views and opinions of the Department of the Interior or the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the Florida Department of State, This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U. S, Department of the Interior prohibits discrimination on the basis of race, color, age, national origin, religion, sex, disability, or sexual orientation in its federally assisted programs, If you believe you have been discriminated against in any program, activity, or facility as described above, or if you 7 desire further information, please write to: Office of Equal Opportunity, U. S. Department of Interior, National Park Service, 1849 C Street, NW, Washington, DC 20240, b. State Funded Projects: This project {publication] has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission, However, the contents and opinions do not necessarily reflect the views and opinions of the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Department of State. B, Special Provisions Applicable to Acquisition & Development Projects. The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 1, Accessibility for the Disabled, The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-336; Section 25,21, Florida Statutes; and Part II, Chapter 553, Florida Statutes regarding accessibility for the disabled, Specifications for project work must conform to the Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped published by the American National Standards Institute and the Secretary of the Interior's Standards for Rehabilitation, 2, Project Identification Sign. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in process, The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet), be constructed of plywood or other durable material, and identify the project and source of grant support, Any variation in the above specifications must be approved by the Department. The sign shall contain the following acknowledgment of grant assistance: This project has been financed in part with Historic Preservation Grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission, The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable, A photograph of the project identification sign at the project site shall be submitted to the Department. 8 P ART II Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative and Reporting Requirements Grantees are responsible for maintaining financial records and project progress reports as outlined below, These records and reports shall be retained for a period of five (5) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the five year period are finally resolved, All Grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Act, 5 use 552 as amended by Public Law 104- 231, 110 Stat. 3048, A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures, Grantee financial records are subject to audit by State auditors, Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance, Financial records shall include, but are not limited to: 1, Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable, are paid for using grant assistance provided by the Department, and cash value or in-kind contributions to the required local match share, Department grant assistance is authorized for payment of 50% of allowable project costs, within the dollar limits of the grant, as specified in the Grant Award Agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds, 2, Local Matching Share. Local matching share may be provided in the form of cash expenditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project work, Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds derived from the Federal Historic Preservation Fund apportionment to the State of Florida, (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds), a. Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. b. Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. c, Donated materials shall be valued at the donor's cost or the fair market value at the time of donation, whichever is less, 9 3. Required Procurement Procedures for Obtaining Goods and Services. Be sure that your organization provides maximum free competition when procuring goods and services related to your grant-assisted project. Every effort must be made to use small business firms, minority owned firms, women's business enterprises, and labor surplus areas, a, Instructions for Procurement of Goods and Services for Smaller Projects (Including Professional Services and Construction) for Individual Purchases or Contract Amounts not Exceeding $15,000.00. For individual purchases or contract amounts not exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) Small Purchase Procedures I (Purchases or Contract Amounts Up to $2,500). Procurement of goods and services where individual purchases or contracts do not exceed $2,500 may be conducted at the Grantee's discretion, (2) Small Purchase Procedures II (Purchases or Contract Amounts Between $2,500 and $15,000). Goods and services costing between $2,500 and $15,000 may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that you: (a) Solicit written or verbal quotes or proposals from two (2) or more competitors; (b) Develop and implement a process for evaluating proposals and document application of that process for selection (Le., for construction work, your selection may be based on the lowest responsible proposal amount, while for professional services, selection should be based on task-specific criteria and committee review and ranking of proposals, (b) Are provided with an adequate description of the goods and services proposed; and (c) Secure written approval from the Department prior to acceptance of proposal or execution of contract. b. Instructions for Procurement of Professional Services (Including Architectural, Engineering and other Consultant Services) for Contracts Exceeding $15,000). For individual contract amounts exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) Competitive Selection ($15,000 . $25,000), Professional services greater than $15,000 but less than $25,000 must be procured in the following manner: (a) Solicit written quotes or qualifications submissions from two (2) or more competitors; (i) Identify all significant evaluation factors and their relative importance in the request for qualifications, (ii) Indicate in solicitation that public funds are involved, (iii) Develop and distribute detailed project specifications with the solicitation. (b) Establish a review committee to evaluate and rank qualification submissions; 10 (c) Select the most qualified competitor based on the established evaluation criteria (Option: Conduct an initial ranking to "short list" competitors and interview the top three for final ranking); (d) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract, (2) Competitive Negotiation ($25,000 and up), Professional services in excess of $25,000 must be procured in the following manner: (a) Advertise with a Request for Qualifications (RFQ) to secure qualification submittals for professional services from two or more competitors; (i) Publicized the request through notices in local newspapers of general circulation or trade journals, in addition to individual solicitations, (ii) Identify all significant evaluation factors and their relative importance in the request for qualifications, (iii) Indicate in RFQ that public funds are involved, (b) Establish a review committee to evaluate and rank qualification proposals; (c) Conduct an initial ranking based on the established evaluation criteria to "Short list" competitors and interview the top three for final ranking; (d) Enter into contract negotiations with the top ranked competitor, If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract, Exception: Departments or agencies of the state and units of county, municipal or other local government must always procure professional architectural, engineering, landscape architectural, or land survey and mapping services in accordance with the provisions of the Consultants Competitive Negotiations Act", Section 287.055, Florida Statutes, c. Instructions for Procurement Using Competitive Sealed Bids (Procurement of Goods and Services Exceeding $15,000). Except as noted in 3a, and 3b. above, contracts for procurement of goods and services (exclusive of professional services) shall be undertaken on the basis of sealed bids solicited through formal advertisement in a newspaper of local or area circulation including: (1) Notice of the time and place of public bid opening; (2) Instructions on how to obtain detailed bid documents or procurement specifications; and (3) A statement that public funds are involved, 11 d. Qualification of Contractors, It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed, Such documentation shall include, but not be limited to: (1) Resumes of academic training and employment in the applicable field; (2) Evidence of possession of required licenses or business permits; and (3) Evidence of any previous experience in projects of a similar nature, especially projects requiring compliance with the standards cited in Section II. Paragraph M. of the Grant Award Agreement. e, Contract Provisions. In addition to provisions defining a sound and complete procurement contract, the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project (also refer to Section V, Paragraph A. of the Grant Award Agreement): (1) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate, (2) All contracts shall contain suitable provisions for termination by the Grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity, (4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the Grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription, Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed, (5) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in Part I, Paragraph 21 of Section A on page 5 of this document. f, Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed-fee or cost reimbursable basis, (2) Procurement by the competitive sealed bid method shall be priced on a firm- fixed-fee basis, 12 (3) Contracts for goods and services based on cost-plus-percentage-of-cost or percentage-of-construction-cost contracts are not allowable for grant-assisted work, g. Procurement Documentation to be Submitted to the Department, The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution of any contract for project work: (1) Copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications, if required - to be submitted upon distribution or publication; (2) A summary of proposals or bids received and the basis for professional, consultant or contractor selection - to be submitted upon completion of the selection process; and (3) A copy of the contract - to be submitted for review and approval by the Department prior to execution, A copy of the executed contract is to be submitted to the Department following approval and execution, B. Project Progress and Expenditure Reports. The Grantee shall submit a Project Progress & Expenditure Report (incorporated herein by reference and available online at http://www.flheritaae.com/arants/) to the Department at the end of each quarter within the grant period except for the final quarter in which the Grantee shall instead submit a Final Project Progress and Expenditure Report, Project Progress and Expenditure Reports must be submitted quarterly for the duration of the project, regardless of the type of project (Acquisition and Development, Survey and Planning or Community Education) or whether funds have been expended, 1. Determination of Allowable Project Costs, The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the provisions of the Historic Preservation Grant Award Agreement. The Department will review each Project Progress and Expenditure Report, and make its determination of the eligible expenditures on the basis of the following criteria: a, Allowable Project Costs. Allowable project costs shall include: (1 ) Costs incurred by contract for procurement of goods and services consistent with the Approved Scope of Work in Section I of the Grant Award Agreement; (2) Costs incurred by properly documented small purchase procedures; (3) Costs incurred by the Grantee for the following items applied directly to elements of the Approved Scope of Work in Section I. of the Grant Award Agreement: (a) Accounting: the cost of establishing and maintaining interest-bearing financial accounts directly relating to the Project; (b) Auditing: audit costs only as required by the Florida Single Audit Act (see Section IV, of the Grant Award Agreement and Attachment 8 hereto). (c) Communications: specific charges for telephone, telegraph, or other communications services; (d) Employee salaries and benefits (only if included in the original grant application for the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); 13 (e) Materials and supplies; (f) Procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; (g) Reproduction: the cost of limited reproduction of reports, forms, and project documents; and (h) Travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the State (allowable only if costs of travel and related expenses have been approved by the Department in writing before they are incurred), (4) The properly documented value of donated services and materials (see Paragraph 3.(c) below), (5) The properly documented value of volunteer services directly relating to the accomplishment of the Project (volunteer work must be for one or more items included in the Approved Scope of Work - see Paragraph 3,(c) below), b, Non-allowable Project Costs. Costs not allowable as grant-assisted work or match contribution shall include: (1 ) Project costs incurred outside the project period; (2) Costs of goods and services not procured in accordance with required procurement procedures; (3) Costs or value of donations not properly documented as described below; (4) Costs incurred by the Grantee other than those specified in the Approved Scope of Work in Section I. of the Grant Award Agreement, or not directly related to the project; (5) Costs incurred by the Grantee for paving, parking, sidewalks, site lighting, site utilities, landscaping and other site development unless specifically indicated in the Approved Scope of Work; and (6) Indirect costs incurred for common or joint activities of the Grantee, 2, Documentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report must include documentation of payment for each cash expenditure claimed during the reporting period, a, Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these reports, which contain the following information: (1) Check number; or if a cash payment, a copy of the paid receipt must be submitted; (2) Check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; (3) The name of the payee or vendor for each expenditure paid by cash or check; (4) The expenditure amount; 14 .~, (;' ,'('~ -~~ (.~ (5) The Approved Scope of Work category to which the goods or services contribute (see Section I. of the Grant Award Agreement); and (6) The purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable. b, The Grantee shall provide the following documentation of payment of expenditures listed in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report, (1) Copies of contractors' invoices itemizing the materials delivered, services rendered, work items completed, and the following forms of proof of payment by the Grantee: (a) Copies of signed and dated receipts from the contractors/suppliers showing the date payments were received and the amounts received; and (b) Copies of the front and back of the canceled checks, (2) For authorized employee salaries (see (1 )(c) iii. above), the following expenditure documentation is required: (a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and (b) Copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 3, Documentation of Donated Materials and Services, The value of donated materials and volunteer services is not eligible for reimbursement by grant funds, but is allowable in determining the Grantee's matching share, a, Documentation of donated materials and services shall include: (1) Identification of each individual donating services or materials; (2) Description of the work accomplished or type and amount of material donated; (2) The number of hours worked by each volunteer during the reporting period; (4) Basis for hourly value of work for each volunteer: (a) State of Florida Minimum Wage at the time of donation for state-funded grant projects; or (b) Federal Minimum Wage at the time of donation for federally-funded grant projects; or (c) If the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. (d) If the hourly rate listed is above the applicable Minimum Wage (State of Federal), attach a signed statement from the individual listing his/her qualifications to justify the higher donated value rate, 15 (e) The total value of the volunteer's services for the reporting period (for donated materials, the donor must document their fair market value in a written signed statement, which is also signed by the designated Project Manager). 4. Additional Documentation to be Included in Project Progress and Expenditure Reports. IN addition to the documentation indicated in B.2. and B.3. above, each quarterly Project Progress and Expenditure Report shall include: a. A brief description of work accomplished in the previous three months; b. A description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; c. Copies of required documents (contracts, press releases, etc.) as applicable; and d. For construction projects, photographic documentation of construction work in-progress or completed work shall be included. 5. Final Project Progress and Expenditure Report. To be submitted within 30 days following completion of all projects In addition to the documentation indicated in B.2., B.3. and B.4. above, this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A description and explanation of any significant differences between the planned project budget and the actual project costs; c. Final products as specified in the Approved Scope of Work (Section 1 of the Grant Award Agreement; d. Photographic documentation of completed construction work; and e. Required audit documents. C. Reports Required for Survey Projects. In addition to the Project Progress & Expenditure Reports described in Section B. above, the following reports and forms are required for historic and archaeological survey projects: 1. Draft Survey Report. The Grantee shall submit a Draft Survey Report to the Department's Grants Section no later than sixty (60) days prior to the end of the grant period. a. The Grants Section shall review all Draft Survey Reports for compliance with the Archaeological and Historical Report Standards and Guidelines, Chapter 1 A-46, Florida Administrative Code, and transmit the results of the review to the Grantee. b. The Draft Survey Report is to be organized by and shall include all applicable items on the 1A-46 checklist (see a. above). A signed and checked copy of the checklist must accompany the Draft Survey Report. The checklist will form the basis for Department review of the draft. c. The Draft Survey Report submission must include five "sample" Florida Master Site File forms, each accompanied by a street map, a USGS map and printout of a digital photograph. 16 d. During the 60 days following submission of the Draft Survey Report, submission of additional drafts or revisions may be required to secure Department approval for submission of the Final Survey Report, which will be due no later than 30 days following the end of the grant period. e. Clearance for submission of the Final Survey Report will be granted no later than the ending date of the grant period. 2. Final Survey Report. The Grantee shall submit a Final Survey Report to the Department's Grants Section no later than thirty (30) days following the end of the grant period. After review for completeness and sufficiency, the Grants Section shall forward the Final Survey Report to the Florida Master Site File. a. Survey Log Sheet. The Grantee shall obtain the most recent version of the Survey Log Sheet by contacting the Florida Master Site File, to be completed and submitted to the Department's Grants Section with the Final Survey Report. b. Florida Master Site File forms. If standing structures are recorded, a Historical Structure Form must be completed for each structure. If archeological sites are recorded, an Archaeological Site Form must be completed for each site. Separate forms for Historical Cemeteries, Historical Bridges, Underwater Archeological Sites and Shipwrecks are also available and must be completed if such resources are investigated. The Grantee shall obtain the most recent version of these forms by contacting the Florida Master Site File. All completed Florida Master Site File Forms shall be submitted to the Department's Grants Section with the Final Survey Report. After review for completeness and sufficiency, the Grants Section shall forward the completed forms to the Florida Master Site File. D. Reports Required for Preservation Planning Projects. In addition to the Project Progress & Expenditure Reports described in Section B. above, a draft of the final product will be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of the draft(s), supplemental reports or drafts of the final product may be required to be submitted for preservation planning projects depending on the nature and scope of the individual project. E. Submissions Required for Architectural Planning Projects. In addition to the Project Progress and Expenditure Reports described in Section B. above, in accordance with Section 267.031(5)(i), Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the Project at the following points in their development: a. Upon completion of schematic design; b. Upon completion of design development and outline specifications; and c. Upon completion of working drawings and specifications, prior to execution of the construction contract. F. Reports Required for Community Education Projects. In addition to the Progress & Expenditure Reports described in Section B. above, a draft of the final product shall be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of the draft, supplemental reports or drafts of the final product may be required to be submitted for community education projects depending on the nature and scope of the individual project. 17 A TT ACHME~T B F0703 FLORIDA SINGLE AUDIT ACT REQUIREMENTS AVDlT REQUREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant A ward Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33, as revised, and Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and'or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-I33, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreem~nt and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http:!..www.fldfs.com/ Federal Office of~anagement and Budget Circulars Index http://www.whitehouse.govomb/grants, index.html - circulars Governor's Office Initiatives, Florida Single Audit Act http://www.myflorida.com/mvflorida/ government' governorinitiati ve s/fsaa! State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http: ./www.leg.state.fl.us/ PART II: STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state fmancial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission ofa financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nons tate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 2 PART III: REPORT SL"BMISSIO!'i" 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133. as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A- 133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PliRSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: National Park Service, U.S. Department of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA # 15-904, 25000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLO\VS: Resources may be used to carry out historic preservation activities such as surveys, preservation plans, National Register nominations, architectural plans and the National Register of Historic Places, and for acquisition or repair of these properties. Development projects must comprise on or more treatments such as preservation, restoration, rehabilitation, and reconstruction. Major reconstruction is not eligible. 4 STATE RESOCRCES AWARDED TO THE RECIPIE~T PCRSCANT TO THIS AGREE\1Ei\T CO?\SIST OF THE FOLLOWD;G: \1A TCHfNG RESOCRCES FOR FEDERAL PROGRA\1S: ~ot Applicable. SCBJECT TO SECTIO~ 215.97, FLORIDA STATCTES: Not Applicable. COMPLIANCE REQUREMENTS APPLICABLE TO STATE RESOURCES AWARDED PCRSCA:!\iT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. The Grantee has read this Addendum to the Grant A ward Agreement and has affixed their signature: MONROE COUNTY Signature of Authorized Official Typed Name and Title of Authorized Official 5 r~ (" Page 1 of2 ATTACHMENT C F0703 SPECIAL CONDITIONS OF CONTRACT REQUIRED BY HISTORIC PRESERV A nON GRANT A WARD AGREEMENT Project Name: Tavernier Intensive Level Survey and Publication Historical Resources Grant-in-Aid No.: F0703 Parties: l. (Owner) 2. (Architect/C onsu ltant/C ontractor) These Special Conditions shall supplement and become part of the Agreement and shall supersede any conflicting provisions of said Agreement. 1. Equal Employment Opportunity Compliance 1.1 The Architect/Consultant/Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which the Architect/Consultant/Contractor has agreed to undertake by and through the covenants and provisions set forth in this Agreement. 2. Access to Records 2.1 The Architect/Consultant/Contractor shall keep and maintain financial, invoice, and employment records pertaining to the contractual obligation between the Parties for pre-audit and post-audit purposes for a period of five years following the completion of all project work, or until all claims and audit fmdings involving these records have been received, whichever is later. The Owner, the Florida Department of State, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Architect/Consultant/Contractor which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcription. 3. Termination 3.1 Termination by Owner 3.1.1 The Owner may terminate this Agreement if the Architect/Consultant/Contractor: 1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective contracts between the Architect/Consultant/Contractor and the Subcontractors; 3. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or . 4. Otherwise is guilty of substantial breach of a provision of the Agreement. Page 2 of2 3.1.2 When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Architect/Consultant/Contractor and the Architect/Consultant/Contractor's surety, if any, seven days written notice, terminate employment of the Architect/Consultant/Contractor and may, subject to any prior rights of the surety: I. Take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Architect/Consultant/Contractor; 2. Accept assignment of subcontracts; 3. Finish the Work by whatever reasonable method the Owner may deem expedient. 3.1.3 The Architect/Consultant/Contractor will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 3.2 Termination by the Architect/Consultant/Contractor 3.2.1 The Architect/Consultant/Contractor may terminate the Agreement if the Work is stopped for a period 000 days through no act or fault of the Architect/Consultant/Contractor or a Subcontractor, Sub-subcontractor or other agents or employees or any other persons performing portions of the Work under agreement with the Architect/Consultant/Contractor, for any of the following reasons: 1. Issuance of an order of a court or other public authority having jurisdiction; 2. An act of government such as a declaration of national emergency, making material unavailable; 3. Because the Architect has not issued a Certificate for Payment and has not notified the Architect/Consultant/Contractor of the reason for withholding such certification, or because the Owner has not made payment on a Certification of Payment within the time stated in the Agreement; 4. If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or 5. The Owner has failed to furnish to the Architect/Consultant/Contractor promptly, upon the Architect/Consultant/Contractor's request, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Agreement. Owner Architect / Consultant / Contractor Address Address By By Date Date Attachment D Applies to Survey Projects Only HISTORICAL SURVEY REPORT CHECKLIST Grant No.: Project Name: The following Topics are excerpts from Chapter 1A-46, Florida Administrative Code ** For format and layout recommendations please refer to "Organizational Requirements for the Draft and Final Reporf' document. The general description of the project shall address i:l Project location (including boundary map) ::J Project description :J Purpose of project :J Pertinent federal. state. or local laws and regulations Archival research shall address Cl Past field surveys in the project area and the relevance of the major findings to the area currently under study CJ Pertinent data in the Florida Master Site File :J Pertinent data in other studies appropriate for the research problem ':J Pertinent historical data from records such as plat maps, tract books, subdivision maps. Sanborn maps, city directories, bUilding permits and architectural plans ::J Pertinent information from informants, which shall include the Certified Local Government within whose boundaries the project lies (if applicable) :J Chronologically arranged narrative of the history of the project area and of the significant historical events or developments (including important individuals and institutions) which are necessary to place sites and properties in historic contexts within the project area The description of the research design shall address ::J Objectives o Methods o Expected results The description of historical fieldwork activities shall address o Boundaries of the area investigated o Fieldwork methodology and the rationale for its selection o Types of resources identified and evaluated ::J List of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a US. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle map o Descriptions for all identified resources o Photographs or illustrations representative of resources located in the project area o Information on any portions of the project area which were not investigated and a statement explaining the reason why investigation did not occur ::J Explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering, or cultural resources The description of the results and conclusions of the historical, architectural, engineering or cultural resource investigations shall address o Findings in relation to the stated objectives o Assessment of the integrity of evaluated sites o Methods used to apply National Register criteria (A,B,C, and D) for a determination of eligibility and historic context as contained in 36 C.F.R 60 o Description of the constituent elements that constitute the complete property (e.g. outbuildings, landscape features, etc.) which is determined eligible for listing in the National Register o National Register property boundaries depicted on a scaled site plan sketch o Conclusions and analysis of the findings o Discussion ofthe manner in which the resources contribute to an understanding of local, regional, state, or national historl and/or architectural history o Recommendations regarding the treatment of the resource(s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action o Discussion of the scope and completeness of the project efforts and the need for any additional identification, evaluation or documentation efforts o Location of all curated project records and location of all project records (e.g. photographs, oral interviews, etc.) o Bibliography of those sources used All historical fieldwork reports shall include the following, either as part of the report or as accompanying documents: o FMSF SurJey Log Sheets, completed in accordance with the "Guide to the Survey Log Sheet" with project boundaries der:;icted on an attached original or photocopy portion of a U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle map .::1 FMSF historical structure forms, completed in accordance with the "Guide to the Historical Structure Form, Version 3.0" :J F~,1SF historical bridge forms, completed in accordance 'hith the .'Guide to the Historical Bridge Form' r:J FMSF historical cemetery forms, completed in accordance with the "Guide to the Historical Cemetery Form" o Completed FMSF resource grcup ferms i:J Original or photocopy portion of a US. Geelcgical Sur/ey (1 :24,000) 7.5 minute series topographic quadrangle maps fer a/l identl:ied sites showing site Iccatiens * * * * RETURN COMPLETED FORM WITH DRAFT REPORT * * * * Report Author: Date: Organizatio~d~ReqUirements for the Draft an?Final Report (A summary based 00 the lA-46 Checklist) All reports should be proofread by someone other than the author prior to submission. All reports must include the followin2 in the order listed: Title Page: name of project, name of author, name of consulting agency, date of report Table of Contents Page List of Figures Page: Indicate the title of each figure and its page number List of Tables Page: Indicate the title of each table and its page number Acknowledgements Page: Include the following language from Attachment A regarding funding of projects from state grants. (See Attachment A for funding acknowledgment for federal grants.) Other acknowledgements may be included as is appropriate. This project has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. Introduction: Include description of the project; origin and purpose of the project; location of the survey area; reference any pertinent federal, state or local laws and permits. Include map of the survey area. Summary of Background Research: Include past surveys, information from the Florida Master Site File, environmental data, historical data from maps, archival research, interviews Narrative History: Include events, people, institutions, and organizations in the survey area for historic context. Provide citations for statements that are not general knowledge. Research Design: Describe objectives, methods, expected results. Include plans for unexpected finds (such as Human Remains in archaeological projects) Discussion of the Project Work: Summarize the progress of the field work as it developed. Illustrate with photographs, maps and drawings as needed. Conclusions and Recommendations: Discuss the results of the project work. The significance of resources should be identified according to National Register criteria. Describe current conditions. Any future work that may be needed should be described. Bibliography or References Cited: Include title, author, publisher, publication place, publication date for all references used in the text or in preparation of the report. The followin2 items are required but should be placed in the report where appropriate: List of Previously Recorded Sites or Buildings with Site File numbers List of Newly Recorded Sites or Buildings with Site File numbers Maps: Must show clearly delineated survey areas and boundaries. All maps must have a title, a north arrow and a page number. They must be included in the List of Figures with page number. Photographs: Images must be originals or scans, not photocopies. They must be labeled, and fMSf numbers, if assigned, should be included in identifications. The Final Survey Report should be submitted in a binding of your choice. (-r~ ../11 CH.APTER 1A-46 ARCHAEOLOGICAL A.'l\'D HISTORICAL REPORT ST M'DARDS A1\'D GVIDELL"\'ES 1A-46.001 1A-46.002 1A-46.003 1A-46.004 1A-46.005 1 A-46.006 1 A-46.007 Standards and Guidelines for Reports. Definitions. (Repealed) Criteria for Reports ofIdentification, Evaluation, and Documentation Activities. (Repealed) Criteria for Qualifications of Archaeologists. (Repealed) Report Re\iew Procedures. (Repealed) Technical Assistance. (Repealed) Dispute Resolution. (Repealed) lA-46.001 Standards and Guidelines for Reports. (I) Purpose. This rule specifies criteria by which the Division of Historical Resources (Division) will review reports of cultural resource activities on federally assisted, licensed or permitted projects; on projects on state owned or controlled property or state assisted, licensed, or permitted projects; and on local projects for which the Division has re\iew authority. (2) Definitions. The following words and terms shall have the meanings indicated: (a) "Agency" or" Applicant" means any unit offederal, state, county, municipal or other local government; any corporation, partnership or other organization, public or private, whether or not for profit; or any individual or representative of any of the foregoing proposing undertakings. (b) "Archaeological fieldwork" means actions undertaken for the purpose of recovering data about or from an archaeological site in order to evaluate and determine National Register eligibility; or to document through archaeological excavation the archaeological site prior to proposed alteration, damage or destruction. (c) " Archaeological site" means the complex of associated physical remains and features contained in the ground that evidence past use or modification by people. (d)" Area ofpotential effect" means the geographic area or areas within which an undertaking may directly or indirectly cause changes in character or use ofhistoric resources, if any such properties exist. (e) "Certified Local Government" means a local government that has been certified to meet Federal and State standards, as set forth in the "Florida Certified Local Government Guidelines" (Form HR3E03204-02) herein incorporated by reference, and can participate in the nationwide program of financial and technical assistance to preserve properties. (f) "Completeness" means the inclusion in the report of archaeological and historical activities ofall applicable sections of the prescribed content, but does not mean that said sections are sufficient in comprehensiveness of data or in quality of information provided. (g) "Days" means calendar days. (h) "Determination of eligibility" means the process of determining whether identified historical resources are deemed significant using the criteria for significance established by the National Park Service, U.S. Department of the Interior for the National Register of Historic Places. (i) "Federal undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out with federal assistance; those requiring a federal permit, license or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. CD "Florida Master Site File" or "FMSF" means the record of identified historical resources maintained by the Division. (k) "Historical fieldwork" means actions undertaken for the purpose of recovering data about or from a building(s) or structure(s) to evaluate and determine eligibility; or to document using the Historic American Buildings Survey (HABS) or Historic Engineering Record (HAER) standards and guidelines prior to proposed alteration or destruction. (1) "Historical resource" mean.> a building, structure, site, object Or collection thereof (a prehistoric or historic district) which is generally at least fifty years old of historical, architectural, or archaeological value. (m) ''Historic context" means the organizational format that groups information about related historical resources based on theme, geographical limits and chronological period. A single historic context describes one or more aspects of the historic development of an area, considering history, architecture, archaeology, engineering and culture, and identifies significant patterns that individual historical resources represent A set of historic contexts is a comprehensive summary ofall aspects of the history of an area. (n) "Local undertaking" means a project, activity or program subject to the provisions of a local ordinance or regulation for which the Division has re\iew authority. (0) "National Register" means the National Register of Historic Places, the list ofhistorical resources significant in American history, architecture, archaeology, engineering and culture and authorized by the National Historic Preservation Act of 1966 as amended and administered by the U.S. Department oftbe Interior, National Park Service. (P) "Principal Investigator" means the person or persons responsible for supervising archaeological fieldwork and historical fieldwork. (q) "State undertaking" means a project, acthity or program in which a state agency oftbe executive branch has direct or indirect jurisdiction; those in which a state agency provides financial assistance to a project or entity; and those in which a state agency is involved through the issuance of state permits or licenses. (r) "Sufficiency" means determining whether the report meets the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (published in the Federal Register, Vol. 48, No. 190, pp. 44716-44740, September 29,1983), herein incorporated by reference, with respect to identification, evaluation and documentation. (3) Reports. Reports of the results of archaeological fieldwork and historical fieldwork activities shall include the topics in (a)-')l) below in sufficient detail for the Division to review for completeness and sufficiency. For projects of limited scope, topics that are not applicable may be omitted when a justification for this decision is provided. In addition, all reports shall be consistent with and meet the terms of the standards and guidelines for identification, evaluation and documentation contained in the "Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation." This section shall apply to federal, state and local undertakings. Principal investigators shall meet the minimum qualifications for archaeology, history, architecture, architectural history, or historic architecture contained in 36 C.F.R 61 ("Procedures for Approved State and Local Historic Preservation Programs, Appendix A, Professional Qualifications Standards"), herein incorporated by reference, effective 10-97. (a) General Description. The description of the project shall address the project location (including boundary map) and description; the purpose of project; the area of potential effect; and the pertinent federal, state or local laws and regulations. (b) Archival Research. Archival research shall address past field surveys in the project area and the relevance of the major findings to the area currently under study; pertinent data in the Florida Master Site File; pertinent environmental and paleoenvironmental data; pertinent data in other studies appropriate for the research problem; pertinent historical data from records such as plat maps, tract books, subdivision maps, Sanborn maps, city directories, building permits and architectural plans; and pertinent information from informants, which shall include the Certified Local Government within whose boundaries the project lies. Research results shall be presented in a chronologically arranged narrative of the prehistory and history of the project area and of the significant historical events or developments (including important individuals and institutions) which are necessary to place sites and properties in historic contexts within the project area. (c) Research Design. The description of the research design shall address the objectives; methods; expected results; and procedures to deal with unexpected discoveries including the discovery of human remains in accordance with Chapter 872.05, Florida Statutes. (d) Archaeological Fieldwork. The description of archaeological fieldwork activities shall address the types of sites encountered and evaluated; the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the location of all tests and excavations, including maps depicting testing locations and results, site components, integrity of sites and subareas within the sites; information on the location and appearance of features and artifacts, as well as the integrity and boundaries of sites and site components; information on any portions of the project area and any portions of identified sites which were not investigated and a statement explaining the reason why investigation did not occur; photographs of each site; photographs and illustrations representative of site subareas or features, or formal excavation units; identification of portions of the project area that were examined but that did not contain archaeological remains; special survey techniques; and information on changes in research design or methodology. Special survey techniques may be necessary to search for certain subsurface or underwater archaeological sites. The description of special survey techniques shall address the following topics: equipment, field methodologies, areas surveyed and not surveyed, a record of the nature and location of all potential historical resources identified and a description of any potential historical resources investigated by examination to determine their nature. Underwater archaeological surveys shall be conducted in accordance with the "Florida Division of Historical Resources Performance Standards for Submerged Remote Sensing Surveys" (Form HR6E06304-02), herein incorporated by reference. (e) Historical Fieldwork. The description of historical fieldwork activities shall address the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the types of resources identified and evaluated; a list of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a U.S. Geological Survey (I :24,000) 7.5 minute series topographic quadrangle map; descriptions for all identified resources; photographs or illustrations representative of resources located in the project area; information on any portions of the project area which were not investigated and a statement explaining the reason why investigation did not occur; and an explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering or cultural resources. (f) Archaeological Results and Conclusions. The description ofthe results and conclusions of the archaeological resource investigations shall address laboratory methods used to analyze artifacts and other site materials recovered during the archaeological investigations in the project area; the curation location of artifacts and project records; findings in relation to the stated objectives of the investigations; an assessment of site integrity; methods used to apply National Register criteria for a determination of eligibility and historic context as contained in 36 C.F.R. 60 ("National Register of Historic Places"), herein incorporated by reference; a discussion of completeness of project efforts and the need for any additional identification, evaluation or documentation efforts; conclusions and analysis of the findings, including a discussion on how the findings contribute to an understanding of the historic work or treatment of the site; and a bibliography of those sources utilized. (g) Historical Results and Conclusions. The description of the results and conclusions of the historical, architectural, engineering or cultural resource investigations shall address findings in relation to the stated objectives; an assessment of the integrity of evaluated sites; methods used to apply National Register criteria for a determination of eligibility and historic context; a description of the constituent elements that constitute the complete property (e.g. outbuildings, landscape features, etc.), which is determined eligible for listing in the National Register; the ~ational Register property boundaries depicted on a scaled site plan 2 ( sketch; conclusions and analysis of the findings; a discussion ofthe manner in which the resources contribute to an understanding oflocal, regional, state, or national history and/or architectural history; recommendations regarding the treatment of the resource(s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action; a discussion of the scope and completeness ofthe project efforts and the need for any additional identification, evaluation or documentation efforts; the location of all curated project records and location of all project records (e.g. p~otographs, oral interviews, etc.); and a bibliography of those sources used. (b) Florida Master Site File (FMSF) Requirements. Reports of archaeological fieldwork and historical fieldwork activities will be deemed incomplete if they do not contain FMSF survey log sheets for each report and site forms for each site identified, evaluated or documented.. All archaeological fieldwork and historical fieldwork reports shall include the following, either as part of the report or as accompanying documents: 1. FMSF Survey Log Sheets (Form HR6E066I 0-97, effective 9-1-97), completed in accordance with the "Guide to the Survey Log Sheet" (Form HR6E05904-02), with project boundaries depicted on an attached original or photocopy portion of a U.S. Geological Survey (I :24,000) 7.5 minute series topographic quadrangle map. 2. FMSF archaeological site forms (Form HR6E0640 1 -97, effective 3- 1 -97), completed in accordance with the" Guide to the Archaeological Site Form, Version 2.2 (Form HR 6E05804-02), as appropriate. 3. FMSF historical structure forms (Form HR6E06308-96, effective 11-1-96), completed in accordance \J,ith the "Guide to the Historical Structure Form, Version 3.0" (Form HR6E06004-02), as appropriate. 4. FMSF historical bridge forms (Form HR6E065I 0-97, effective 10-1-97), completed in accordance with the" Guide to the Historical Bridge Form (Form HR6E06l04-02), as appropriate. 5. FMSF historical cemetery forms (Form HR6E04806-92, effective 8- 1-98), completed in accordance with the" Guide to the Historical Cemetery Form" (D HR6E0620402), as appropriate. 6. Completed FMSF shipwreck forms (Form HR6E05006-92, effective 7-1-92), as appropriate. 7. Completed FMSF archaeological short form (Form HR6E04906-92, effective 12- 1 -95), as appropriate. 8. Completed FMSF resource group forms (Form HR6E057 1 1-01, effective 7- 1 -00), as appropriate. 9. An original or photocopy portion of U.S. Geological Survey (1 :24,000) 7.5 minute series topographic quadrangle maps for all identified sites showing site locations. These forms are herein incorporated by reference and are available by writing the Division at R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. These forms may also be obtained from the Division's website at www.flheritage.com. (4) Review Procedures. The following procedures shall be followed in the review of archaeological fieldwork and historical fieldwork reports: (a) Reports and accompanying documentation shall be submitted to the Bureau of Historic Preservation at the Division. (b) The Division shall notifY the agency or applicant in writing within fifteen days of receipt ofa review request, of any additional information required. (c) Upon its determination that the report is complete, the Division shall complete its review ofthe report for sufficiency based on the criteria specified in subsection lA-46.00l(3), FAC., within thirty (30) days. (d) The Division shall notifY the agency or applicant of its decision as to whether the report meets the requirements of this rule with respect to completeness and sufficiency, and shall include a statement of the reason for determining a report to be incomplete or insufficient. Specific Authority 267.031 (1) FS. Law Implemented 267. 031 FS. History-New 6-10-92, Amended 7-21-96, 8-21-02. 3 ,., A TT ACHl\fENT D HISTORIC PRESERVATION GRi\.NT-IN-AID PROJECTS REQCIRED FLORIDA MASTER SITE FILE DOCCMENTATION FOR SCRVEY PROJECTS Historical and archaeological survey projects funded with Historic Preservation Grants-in-Aid assistance require the submission of a Final Survey Report, Survey Log Sheet with USGS Map of project area, and Florida Master Site File (FMSF) forms with required attachments. This detailed historical information will be kept in the FMSF for use by state and local agencies, historians and others, including the general public. For all projects, each cultural resource (archaeological site, historical structure, cemetery, etc.) must be recorded on a Florida Master Site File form, with the following required attachments: 1. USGS Map with cultural resource plotted in red (if using GIS to map resources, the FMSF encourages you to send the data as this will expedite the digitizing process) 2. A street map (for structures, plotted in red) or detailed site plan (for archaeological sites) 3. Photos meeting the standards outlined in the Photographic Documentation Policy of the FMSF For all but the smallest survey projects (those documenting a total of 10 or fewer cultural resources), the Division of Historical Resources requires the use of SmartFarm IL available for download at the FMSF website: http://www.f1heritage.comlpreservation/sitefile/ . For projects with a total of 10 or fewer cultural resources, paper forms may be used. These forms, as well as guidelines for packaging documents, the Photographic Documentation Policy, and a form requesting assignment and confirmation of FMSF numbers, are also available on the FMSF website. All completed documents, the Final Report, Survey Log Sheet, and FMSF Forms and attachments, are to be sent to the Grants and Education Section as final products of the grant project. After a review for completeness and sufficiency, the Grants and Education Section will forward them to the FMSF. Please note that requirements for the FMSF differ from the requirements for submission to the National Register of Historic Places (NRHP). For NRHP requirements, please contact the Survey & Registration section of the Bureau of Historic Preservation at 850-245-6333. Documents for FMSF Submission Contact information for the Florida Master Site File Florida Master Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 o Final Report with printed Survey Log sheet and USGS Map of Project Area o Disk with Smartfarm II .mdb database(s) including Survey Log Sheet and FMSF forms o Paper printouts of the FMSF forms o USGS Maps (and GIS data, if available) ::J Street Map or Site Plan u Photos meeting FMSF standards of documentation Telephone: (850) 245 6440 State SunCom: (850) 205-6440 Fax Line: (850) 245-6439 A COPY OF THIS PACKAGE SHOL'LD BE GIVEN TO THE CONSrLTANT CONDLTTIl\G THE SL"RVEY .. .. How To Package Documents Florida Master Site File Bureau of Historic Preservation Division of Historical Resources Florida Department of State 2007 Florida Master Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: 850-245-6440 State SunCom: 205-6440 Fax line: 850-245-6439 Email: sitefile@dos.state.fl.us Website: www.haitae.comireservatiollsite de. ~ocs.H(1,^ T (,PackageDocumcnts21)07 .doc 0"7, 31/0~ 232 PM ~.,j, .. Hol.\ To PacKage ~)ocument, C.)> .. ,;';f/P () Page 2 Role of this Document This document explains how to package the documents produced by archaeological and historical survey projects in order to send them to the Florida Master Site File (FMSF). Project Documents Expected by the FMSF Survey-Related Items For all survey projects, include the following survey-related items: . completed Checklist for Survey Documents (see below); . the survey report . the FMSF Survey Log Sheet . a set of 1 :24,000 USGS map sheets plotting the area surveyed · if recording forms, the FSMF paper form or the SmartForm II data printout, with required map attachments (USGS and street map or site plan) and photographs (see FMSF Photo Documentation Policy for more information on photo requirements) For survey projects using electronic forms, survey-related items will also include: . a set of cds with SmartForm II files in .mdb format (photos and the GIS plots of the resources if the maps are derived from GIS) . a completed paper SmartForm Submission Form Requirements for FMSF Materials All materials should be numbered appropriately with the FMSF number and field date of the corresponding property and should be grouped by file number using plastic or coated paperclips or file folders (this is optional as the FMSF will replace folders with acid-free folders). The file order should correspond to the inventory of recorded resources within the survey (by FMSF #, with "Updates" separated from "Originals"). For projects using electronic forms, discs must be clearly labeled with project and disc number (for example, Sunny Road Project, Disk 2 oj 3), survey organization (e.g., FastPast of Florida. Inc.), and field date. Group discs for the same project together. Each numbered disc must correspond to the appropriate Disk Submission Form. H II Ho" Tc' Pa~kage Documents (),~ ":v.:.,,; Page 3 Packaging Items Relating to Individual Historic Properties . For the individual historic property, bundle items appropriately as described above. For example, bundle FMSF form, marked USGS and large scale maps, labeled photograph (or paper print-out of photograph if submitting digital photos), and other materials together in order of the inventory. Ensure that each sheet is labeled with the file number and the field date. . Organize and label files appropriately: segregate archaeology forms from structure forms, and "Original" forms (those not previously entered on the FMSF) from "Update" forms (relating to historic properties already listed). Within their stacks or boxes, arrange in order of FMSF file number. Label the stacks or boxes appropriately, as to project, type of historic property, range of FMSF numbers, and original or update. . When transmitting project results, especially if your product passes through other hands before reaching the FMSF, please ensure that the FMSF receives a comprehensive and good quality set of documents. We request that the authors of forms and reports, assemble a complete "extra" package of all results, whether sent through the client or directly to the FMSF, rather than relying on the client to faithfully duplicate all materials. · For Compliance projects, transmit only one copy of all documentation to the Compliance Review Section in Tallahassee. When their review process is completed, they will pass all materials on to the FMSF. · For projects funded by the State of Florida's Historic Preservation Grant In-Aid Program, follow instructions in your paperwork, as confirmed by your grant administrator (Grants and Education Section, Division of Historic Resources, 850-245-6333). While more than one copy of the survey report are required, only one complete set of historic property forms is needed. Transmit all products to that office. After a brief review, they will pass on the FMSF part of the package. · Using the Checklist for Survey Documents (next page), double check that items required by the FMSF for a completed survey package are all there. Include a copy of the checklist to be sent to the FMSF. · If FMSF numbers were assigned to you but not used for the project, please notify us of their retum in writing (numbers are only "on loan" for your specific project and may not be used for anything different without the concurrence of the Site File). · If you wish to include unusual, fragile, or oversized (larger than 8.5 by 11) items in your documentation package, please consult with staff of the FMSF before putting the survey package together. .' , . " " HO\~ To Package Documents '''OJ) (':,J "'.. Page 4 Checklist for Survey Documents The following items are expected as part of a documentation package for survey projects recorded at the Florida Master Site File. Use the sublists, according to the resource recorded (site or structure) and recording medium (SmanForm or paper). Combinations of historical and archaeological Slln'eys must have all elements listed below, grouped appropriately. .More information on requirements may be found in various handouts of the FMSF. Surveys Using Electronic Forms--SmartForms Archaeological Survey One Per Survey: o This Form o Survey Report o Survey Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) o Set of discs with SmartForms, Photos, GIS Plots o Disk Submission Form(s), At Least One Per Disc One Per Resource: o Site Boundary Map, USGS 7.5' o Site Plan, Large Scale o Artifact Summary (encouraged) Historical Survey One Per Survey: o This Form o Survey Report o Survey Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) o Set of discs with SmartForms, Photos, GIS o Disk Submission Form(s), At Least One Per Disc One Per Resource: o Location Plot, USGS 7.5' o Large Scale Street Map o Photograph (paper if submitting dig., required) Surveys Using Paper Forms Archaeological Survey One Per Survey: o This Form o Survey Report o Survey Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) One Per Resource: o Paper Site Form o Site Plan, Large Scale o Site Boundary Map, USGS 7.5' o Artifact Summary (encouraged) o Optional Paper Supplements Historical Survey One Per Survey: o This Form o Survey Report o Sun'ey Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) One Per Resource: o Paper Site Form o Location Plot, USGS 7.5' o Large Scale Street Map o Photograph (paper if submitting dig., required) o Optional Paper Supplements The Florida Master Site File furnishes copies of manuals free of charge. You may reach the Site File using the following information: Florida Master Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: 850-245-6440 State SunCom: 205-6440 Fax line: 850-245-6439 Email: sitefile@dos.state.fl.us Web site: wwwflheritage.com/prescrl'ation/sitefile/ ~ .I, t '~~Florida ~Master ~I Site B '-- . t ..... :!li,1 FIle' I ..-"" (~I .:iIi' Photographic Documentation Policy Effective January 1, 2007 The Florida Master Site File requires photographic documentation of resources as a component of a completed Historical Structure Form, Historical Bridge Form, Historical Cemetery Form or Resource Group Form. Photographs may be submitted as a digital image file OR as an archival Black and White photographic print. In either case the overall quality of the image (resolution, exposure, texture, focus, etc.) should be sufficient to display architectural details, where applicable. Such details include but are not limited to: ornamentation, window types, masonry patterns and materials, and distinctive roof materials. If Submitting Digital Image Files... The image files must be submitted on disk or CD and as a hard copy printout on plain paper (photo paper or archival processing is not required). The image files should include the site number as part of the file name and must adhere to the following specifications*: Size/Resolution: 1600 x 1200 pixels at 300 ppi (pixels per inch) or larger. This works out to approximately 2 megapixels. Color Format: RGB color saved at 8-bit (or larger) per channel format. This results in a 24-bit color image (8-bits each for the Red, Green and Blue channels). File Format: JPEG or uncompressed TIFF files are acceptable. Note that there are different levels of JPEG compression and that low or medium compression should be used when saving files in JPEG format. High JPEG compression may result in unacceptable image quality. *Note: 24-bit color JPEG images are the default image format for most digital cameras. Image resolution and compression are. usually adjustable and should be checked prior to capturing images for submission to the Site File. As of the date of this document most cell phone cameras do not meet the minimum requirements for submission. If Submitting Archival Black and White Photographic Prints... The Site File requires a glossy Black and White photographic print produced by photographic chemistry on a quality Black and White photographic paper. Color photographic paper is not acceptable because it does not meet the stability requirements for archival storage. Paper rated for at least a 50-year life is acceptable. The print must be large enough, at least 3"xS", to show detail without magnification and to show further detail under low magnification. The photo specifications used by the Site File are based on the more stringent photographic standards established for photos by the National Register of Historic Places. The NRHP photographic standards policy may be found at the following location: rtt;J:/..www.cr.nps.qovmR/policyexpa:ision.htm. \ ,~ Page 1 ~nmiM~~i{}.~ti ~.L_. -,- -..... . , \ , " {'I :..; Survey log Sheet Florida Master Site File Version 2..0 9197 Consult Guide to the Survey Log Sheet for detailed instructions. ~~~ - -- -=-=-- - - --~::;--=------ - -=-~~-=- - -- -----=~-= --=- -- ----=-= - ------=- ~-~ --= -=-- ~- --...:-- ----=-==- ~~-- --- - = --~-~ ~-::=~-== ~_ - -~ _~- -- ~~ -=:.-=-_-=-=-=_ ~---=:~ -~~--=-= :--=---_~ _-:---==:-~-==-~~=-~-7- - --=-=- _=--:-=-~ ~- --- _ ~ _~ _ -- ~~=- -- ~-..:=- :~=:- -- -~ ~~~-~ ==-~ ---=-~ __~ - T ~~- - ~- - - - ------- --~ - ~...-- - - - + -, -- - ----- -~- ------ -~-~- -=- - - ~ ~ --~ --- ---- ~- --- ~ -- ~------- --~- - ---- --- -------- - ----~--- --- --- ----- - ~ ---- -- -- - ~ -- - ~ - - - - -- -- - - - - - - - - - - - - - - - - - ~ - ~ - - - -- - -~ - - - ~-- --- - --------- -------~- -~-~-------------~-- ~----~--- ---~---- Survey Project (Name and project phase) Report Title (emtly as on title page) Report Author(s) (as on title page- individual or corporate; last names first) Publication Date (year) Total Number of Pages in Report lGount text, figures, tables, not site forms) Publication Information lif relevant, series and no, in series, publisher, and dty. For article or chapter, cite page numbers. Use the style of American Antiquity: see Guide to the Survey Log Sheet.) Supervisor(s) of Fieldwork (whether or not the same as author[s]; last name firstl A ffiliation of Fieldworkers (organization, dty) Key Words/Phrases (Don't use the county, or common words like archaeology, structure, survey, architecture. Put the most important first. Limit each word or phrase to 25 characters.) Survey Sponsors (corporation, government unit, Dr person who is directly paying for fieldwork) Name Address/Phone Recorder of Log Sheet Is this surveyor project a continuation of a previous project? 0 No 0 Yes: Date Log Sheet Completed / / [}[t~@]~t;Ufv.~lf~j:1fMstJM~l;}}[~;~ili~:f~ilti:!j'~~ ~ ---- ---- - ----- -- - --=-- ~~ - - ---- ---- -~ ~::;------- --- - ~- -- ---- -~,----",- ~ - -- -- -~ - --- ~- --~--- -------- --- - ------ - - -- ~~~ -- -------- ----~---- -~ -- -=-=----:::--==---::-~==__=_:-.:-- -=_::::....---=---::- ?--~~.:=---_ =---=-=---=--=---=--=--~~-==-=--~=- -~___;:_:;::h~ __ = -~~ -- ~-=-=--~- __ _ -=:::::-~ =- -=-=-~~ ----=-~====-_==___ --=~-=::::-=-=- -:.=---=:= ------ --=--~ - ---- - ------ - --=--~ - - - - - - -=- - ----- ---~ - - - - - -- --- - - ~ -=---- ~ ----~--- --- -- - - _- - - - - - - ~ __ ~ - ~ _= - =-- coo _ '"' ~~ _~ ~ -~- - _ _ _ _ - - - - - - - - - ~ - - - - - - ~ - ~ - - - -- - -- - -- --- - - - -- - - ~ - - Counties (List each one in which field survey was done. do not abbreviate; use supplement sheet if necessary) USGS 1 :24,000 Map(sl : Map NamelDate of Latest Revision luse supplement sheet if necessary): - --- -~ -- - ~- ------~-- ==- -=--:;;::::-~-::--~ - ~~ _---::::: -----=----=--=---=---=-.=:- - = ~~~ - ---= ~~-_-:......_~~~-=--=--~- -----=-- - --- -------- - --~ ----------~--- ----- ~-------- - - - - ---~ ---- ~ --~------==-------- - - --=- =~-=~~-=--=--~ ~ -~-~=--~~~~--=~-I~-~~~-=-=:;~! ~=~~.~~~ ~~;~~~?--~~_'_;- -~_=~~:_-~-~~-=--= ~-=~-~~~--- ~=---~---=:~~~~~::-~~= ~~ -=:i Dates for Fieldwork: Start_,_'_ End _1_/_ Nllmber of Distinct Tracts Dr Areas Surveyed If Corridor 1m in one fo~ each): Width mete:s Total Area Surveyed (fill in onel hectares acres feet length kilometers miles HR6E0661 0.57 Florida Master Site File, ~ivision of HistDrical Resources, Gray Building, 5DO Sout~ Bronough Street. Tallahassee, Florida 3239S.0250 ."hDn~ R50.Z45.6440.Suncom 205.6440, FAX R50.245.643S, Email fmsfile@dos.state.fl.us, W~b httF:llwww.dos.state.fl.usldhrlmsfl L:\msflLogshetx.doc 07/07/033:07 PM , I Page 2 Survey Log Sheet of the FIDrida Master Site File ~:::~~ ~2=~~ i~=~~~~~~- ff~::::;-= ~~-~~ ~~~~~~c~~~~~~_~~lf~=:-~_ ~:::--::~-=-~~ _~ ~~-=~~~~~~~~~y=t2~~~~ ;:~~ ~~:"~===- Types of Survey (check all that apply): 0 archaeological ::J architectural 0 histDricallarchival 0 underwater Preliminary Methods 1.1 Check as many 2S apply to the project as a whole.. If need ell write. Dthers at bottom). ::l Florida Archives (Gray Building) 0 library researc:h. loca! public D lo:al property or tax records ::J Ronda Photo Archives (Gray Building) ::J Iib"ary.spec:ial c:ollec:tion . nonloeal :J newspaper files :J FMSF site property search ::J f>ubfic Lands Survey Imaps at DEPl :J fiterature searc:h :J FMSF survey seart:h 0 loc:al inTormantlsl 0 Sanborn Insuranc:e maps o other Idesc:ribel :J D ther. ::l windshield u aerial photography Archaeological Methods (Describe the proportiDn of properties at which methDd was usell by writing in the correspDnding letter. Blanks are interpretell as uNone.'") F(-ew: 0.20%), Sl-ome.: 20.50%): M!.ost 50-90%); or A{.n, Nearly all: 90-100%1. If needed write others at bottDm. o Check here if NO archaeological methods were used. surface c:ollection, controlled other screen shovel test (size: _I block excavation (at lust 2x2 M) surface c:ollection, uncontrolled water screen (finest size: _I soU resistivity shovel test.l/4"sc:reen _ posthole tests _ magnetometer shovel test.l IS" screen _ auger lsize:_l side scan sonar shovel test III c"screen _ coring unknown shovel test.unscreened test excavation fat least 1 x2 M) other (describe): HistoricallArchitectural Methods (Describe the proportion of properties at which method was used by writing in the corresponding letter. interpreted as "None.~) F(-ew: 0.20%1. S(.ome: 20.50%): M(-ost: 50-90%1: or Mil, Nearly all: 90.100%). If needed write others at bottom. o Check here if NO historical/architectural methods were used. building permits demolition permits _ c:omrnercial permits _ exposed ground inspected interior documentation local property recDrds other (describe): Blanks are neighbor interview occupant interview _ oc:cupation permits _ subdivision maps tax rec:ords unknown Scope/Intensity IProced ures Site Significance Evaluated? DYes DNo If Yes, circle NR-eligiblelsignificant site numbers below. Site Counts: Previously Recorded Sites Newly Recorded Sites Previously Recorded Site #'s with Site File Update Forms (Lisl site If's without "B: Attach supplementary pages if necessary) Newly Recorded Site #'s . (Are you sure all are originals and not updates? Identify methods used to check for updates, ie, researchell the FMSF records. list site It's without us: Attach supplementary pages if necessary.l Site Form Used: 0 SmartForm Supervisor. o FMSF Paper Form o Approved Custom Form: Attach copies of written approval from FMSF BAR Related 0872 01A32 :J CARL :J UW DO NOT USE lWlWlWlW~SITE FILE USE ONL Y~lWlW~DO NOT USE . .. ._ -c-. B H P ~Related , d State Historic Preservation Grant o Compliance Review. CRAT It . HR6E06610 97 Florida Master Site File. Division of Histori~al Resources, Gray Building, 5DO South Bronough Street, Tallahassee, Florida 12399-0250 Phone R50-245.6440,Suncom 205-6440, FAX 850.245-6439. Emal7 fmsfile@dos.state.fl.us, WeD http://www.dos.state.fl.usldhrlmsll L:\msf\logshetx..do~ 071071033:07 PM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Budget & Finance Bulk Item: Yes X No Department: OMB Dept. Contact: Penny Kipp x4470 AGENDA ITEM WORDING: Approval to advertise a public hearing for a Budget Amendment for One Cent Infrastructure Sales Tax Fund 304 and 2003 Revenue Bonds Fund 307. ITEM BACKGROUND: To align each budget with revenues and expenditures of on-going Capital Projects. PREVIOUS REVELANT BOCC ACTION: On November 14, 2007, the BOCC approved the FY2008 Capital Plan along with creating three new Capital Project; Funds 310 and 311. CONTRACT~GREEMENTCHANGES: NM STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes ~ No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ O~haSing ~ Risk Management_ DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/27/01 I1.l ... 00 0 Q .0 Q eo: ~ "0 ~ I1.l .... 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ZZ I'-< I'-< I'-< I'-< I'-< I'-< 0., rlr!- OH r-- CJJ 0 0 0 0 0 ril arlrl HI'-< 0 0 I'-< I'-< I'-< I'-< I'-< 0:; ~ .. .. I'-<Z (Y) U UP I '- rl (Y) ... rl H c.9ril.ril rilO a a 0 0 0 0 ~ 5~~ HU Z Z 0 0 0 If) I'-< rilU P P "" "" <D <D 0 CJJal'-< CJJ~ "-' "-' "I "I "I "I I'-< BOARD OF COUNTY CO:M:lVlISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/19/2007 Division: Budget and Finance Bulk Item: Yes X- No Department: OMB Staff Contact: Tina Boan x4472 AGENDA ITEM WORDING: Approval to establish a new Capital Projects Fund, Fund 308 for activity related to the Revenue Bond Series 2007 projects and approval of resolutions concerning the receipt of unanticipated funds. ITEM BACKGROUND: This new fund will be used to account for the following projects Stock Island, Big Pine and Conch Key Fire Stations, along with the Rockland Key Public Works Compound, Big Pine Key Park and the Key Largo Wastewater Treatment District. PREVIOUS RELEVANT BOCC ACTION: On November 14,2007, the BOCC approved to amend the FY2008 Capital Projects Plan which included the creation of this fund. CONTRACT/AGREE1\1ENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $30M BUDGETED: Yes --2L No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Ally. ~B/PurchaSing ...K..- Risk Management Nt A DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund # 308 Infrastructure Sales Tax Revenue Bonds 2007 Cost Center # 26006 Public Safety Cost Center # 26006 Public Safety Cost Center # 26006 Public Safety Cost Center # 23004 Physical Environment Cost Center # 24004General Govt. Projects Cost Center # 25002 Culture & Recreation Project # CP0801 Fire Station/EMS- Stock Island Project # CP0802 Big Pine Key Fire Station Project # CP0803 Conch Key Fire Station Project # PE0805 Key Largo Waste Water Project # CG0803 PW Compound-Rockland Key Project # CC0802 Big Pine Key Park Revenue: 308-384000GM 308-384002GM Debt Proceeds Premium on Bonds $28,908,146.00 1,091,854.00 Total Revenue $30,000,000.00 Appropriations: 308-5200-5290-1013-26006-560620-CP0801-560620 308-5200-5290-1013-26006-560620-CP0802-560620 308-5200-5290-1013-26006-560620-CP0803-560620 308-5300-5350-1013-23004-530340- PE0805-530340 308-5100-5190-1013-24004-560620-CG0803-560620 308-5700-5720-1013-25002-560620-CC0802-560620 Capital Outlay-Bldg. Capital Outlay-Bldg. Capital Outlay-Bldg. Other Contract Svc. Capital Outlay-Bldg. Capital Outlay-Bldg. $ 2,144,967.00 3,708,090.00 2,292,662.00 14,019,465.00 3,033,705.00 4,801,111.00 Total Appropriations: $30,000,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 191h day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Reso unanl Fund 308 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2008, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2008 be and the same is hereby increased by the amount hereinafter set forth: Fund # 207 2003 Revenue Bonds Cost Center # 87601 Debt Svc- 2007 Rev Bond Function #5100 Activity # 5170 Division # 1000 Revenue: 207-381304GT 207-384000GM Transfer fm 1 Cent Infr- 304 Debt Proceeds $2,244,245.00 506,854.00 Total Revenue $2,751,099.00 Appropriations: 207-5170-87601-570720 207-5170-87601-570730 207 -5170-87601-590991 Interest Other Debt Service Costs Cash Balance $ 991,745.00 506,854.00 1,252,500.00 Total Appropriations: $2,751,099.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of December AD 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Reso unant Fund 207 867001 Debt Svc 2007 Rev Bond 0 .... .... 0:: .... 0:: .... <:.> .... <:.> .... .... 0 .... 0 .. N .. N '"' .... '"' .... '" "" '" l.<. fi: fi: .... 'rl I() .... \0 0:: 0 0:: 0 \.0 .,.. <:.> .... <:.> .... '<j" 0:; .... 0 .... 0 d' - .. N N 0 .... 0:: .... 0 ..,; '"' '"' ~ '" "" '" l.<. fi: fi: 0 0 r-- 0 0 0 0 t-- .... .... I() 0:: 0\ 0 0 0:: 0\ \.0 'rl 'rl G> 0 0 <:.> 0 0 0 <:.> 0 G> r-; M 0 0 ,..) .... <::> 6 6 .... <::> "f' - 00 cO 6 I() .. N 0 0 .. N '<i" 'rl .,.. 0 0 0\ .... 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'0 ":;l , fi: '" '" OJ ~ Q) U W == .... .:: 0:: Q,:; Q) i:: -- = ;: >.l.<. ~ l) '- == 0 0:: '" '" 0 (tI ~ Q".... ~ >. 0 '"' '" bJ) "" .... 0 E ~ ~ C- o:: '" '" .. .... 0 == C 0:: 1J ro rJ:J U .... ~ .:: ...J 1: '"' i:: '" ~ == >. 0 Q) .. bJ) bJ) 0 '" CO 0::: fi: .... = = U :::! DRAFT CLOSING MEMORANDUM To: Working Group From: Public Financial Management, Inc. Date: December 4, 2007 Subject: $29,415,000 Monroe County, Florida, Infrastmcture Sales Surtax Revenue Bonds, Series 2007 I. Schedule: Pre- Closing Date: Closing Date: Thursday, December 13, 2007 Friday, December 14, 2007 Location and Time: The Historic Gato Cigar Factory 11 00 Simonton Street Key West, FL 33040 Attn: Tina Boan, Budget Manager (305) 292-4472 Pre-Closing: Closing: 3 :00 PM Eastern Time 11 :30 AM Eastern Time II. Contact Information: Monroe County Tina Boan Tel: (305) 292-4472 Fax: (305) 292-4564 Regions Bank (Registrar & Paying Agent) Timothy P. Miller Tel: (305) 350-1750 Fax: (305) 350-1746 Nabors, Giblin & Nickerson P.A. Steve Miller Tel: (813) 281-2222 Fax: (813) 281-0129 Public Financial Management Sergio Masvidal Tel: (305) 448-6992 Fax: (305) 448-7131 Morgan Keegan & Company, Inc. Lisa Donnelly Rebecca Gravely Tel: (901) 579-4518 Tel: (901) 579-3567 Fax: (901) 579-4465 MB1A Insurance Corporation Joanne Golina Tel: (914) 765-3864 Fax: (914) 765-3161 III. Transfers of Funds: A description of the flow of funds which is to occur for the closing of the above referenced issue Can be found below. Morgan Kee2an will wire the funds, as described below, via Fed Funds wires bv 11:30 AM Eastern Time on December 14,2007 (the "Closinl! Date"). Closing will occur by DTC FAST system and must occur no later than 12 Noon Eastern Daylight Time on the Closing Date. IV. Amounts due at Closing The Purchase Price for the Infi'astructure Sales Surtax Revenue Bonds, Series 2007 (the "Bonds") is $30,386,861.09 which represents the par amount of the Bonds, plus the Net Original Issue Premium, less the Underwriter's Discount. The Purchase Price less the Good Faith Deposit will be due from the Underwriter. Par Amount of Bonds Plus: Net Original Issue Premium Less: Underwriter's Discount Purchase Price Less: Good Faith Deposit Amount Due from Underwriter $ 29,415,000.00 1,091,853.70 (119,992.61) $ 30,386,861.09 (310,000.00) $ 30.076,861.09 V. Sources and Uses of Funds The settlement amounts for the Series 2007 Bonds are determined as follows: SOURCES OF FUNDS: Par Amount Plus: Net Original Issue Premium $ 29,415,000.00 1.091.853.70 Total Sources of Funds: $ 30.506.853.70 USES OF FUNDS: Deposit to the Series 2007: Project Account of the Construction Fund Cost of Issuance Subaccount Underwriter's Discount Bond Insurance Premium Reserve Fund Credit Facility Premium $ 30,000,000.00 224,861.09 119,992.61 93,000.00 69,000.00 $ 30.506.853.70 Total Uses of Funds: 2 From Morgan Keegan VI. Application of Bond Proceeds A. To the MBIA Insurance Corporation Bond Insurance Premium (Policy # 506011) in the amount of ................................................ $93,000.00 B. To the MBIA Insurance Corporation Reserve Fund Credit Facility Premium (Policy # 506012) in the amount of ............................$69,000.00 Wiring Instructions Bank: ABA#: Acct Name: Acct #: Policy # (P&I): Policy # (Reserve): Attention: JP MORGAN CHASE BANK, NEW YORK, NEW YORK 021 000021 MBIA Insurance Corporation 910-2-721-728 50601 I 506012 Joanne Golino (914) 765-3864 C. To Monroe County for deposit/credit into: Series 2007 Project Fund................................................................. $30,000,000.00 Series 2007 Cost of Issuance Account ...................................................224.861.09 $30,224,861.09 (310.000.00) $29.914.R61.09 Less: Good Faith Deposit Total Wire - Net Proceeds to the County: Wiring Instructions Bank: ABA#: Acct Name: Acct #: REF: Attention: VII. Delivery of Bonds TIB Bank, N.A. 067009280 Monroe County General Operating Account 608-032-084-06 ISS Bonds, Series 2007 Sean Humphrey (305) 294-6330 Upon confirmation of the above wire transfers, release of the insurance policy and the debt service reserve policy by MBIA, execution and delivery of all closing documents and legal opinions, Bond Counsel, U.S. Bank and Morgan Keegan shall contact DTC to release the Series 2007 Bonds to the Undmwriter. The financing will then be closed. 3 lYJ.........ao.... rage 1 or L Kipp-Penny From: Marva Green [mgreen@monroe-c1erk.comI Sent: Wednesday, December 05, 2007 10:20 AM To: Boan-Tina Cc: Kipp-Penny Subject: RE: Monroe County, Infrastructure Sales Surtax Revenue Bonds,Series 2007 Attachments: 2007 Bond Entry.xls Good Morning Tina and Penny The budget needs to be split between debt service and capital project funds. The premium we receive has to be reported separately in the financial statements. '."'~ ,~ , We can't budget all of the proceeds for construction projects, because we have to pali~suance costs)The underwriter's discount. bond insurance premium and reserve fund credit facility premium~wHroerpaidbefore we see our money. I also included a budget for payment of the interest expense. If 304 is still to collect all the sales tax revenue, I put that down as the funding source. This would mean that 304 expenditures or revenues will have to be rearranged to accommodate the additional debt service transfer. Please call me if you have any questions. Marva -----Original Message----- from: Soan-Tina [mailto:Soan-Tina@monroecounty-f1.gov] Sent: Tuesday, December 04,20076:34 PM To: Marva Green Cc: Kipp-penny Subject: RE: Monroe County, Infrastructure Sales Surtax Revenue Sonds,Series 2007 Can you make a suggestion as to how this budget is set up? Attached is what we have so far, I am out of the office but Penny Kipp (ext. 4472) can be available to discuss anything you recommend we need to do. 11I/R BoPIl from: Sergio Masvidat [mailto:MASVIDALS@pfm.com] Sent: Tuesday, December 04,20074:02 PM To: ddraper@bmolaw.com; dlichty@bmolaw.com; cara.lapicola@mbia.com; joanne.golino@mbia.com; dkolhage@monroe-c1erk.com; mgreen@monroe-clerk.com; Soan-Tina; Cassel-Nat; cryr- connie@MonroeCounty-FL.Gov; Frederick-Debbie; Hutton-Suzanne; Koppel-Dave; Shillinger-Bob; WilIi- Tom; Wood-liz; Lisa. Donnelly@morgankeegan.com; rebecca .gravely@morgankeegan.com; edangelo@ngn-tampa.com; smiller@ngn-tampa.com; Hal CANARY; Russell Edghitl; Sergio Masvidal; Jeff.Alexanderl@usbank.com; Timothy .Miller3@usbank.com Cc: Madelin Ortega Subject: Monroe County, Infrastructure Sales Surtax Revenue Sonds,Series 2007 12/5/2007 lVlessage .page L or L Good afternoon, Attached please find a draft closing memorandum for the above-captioned transaction. Also attached is a final distribution list. Please note that pre-closing and closing is scheduled for Dec. 13 and 14. Thank you. Sergio D. Masvidal Senior Managing Consultant Public Financial Management 2100 Ponce de Leon Boulevard, Suite 1100 Coral Gables, Florida 33134 305-448-6992 phone 305-448-7131 facsimile masvidals@publicfm.com 12/5/2007 207 304 308 new cc Transfer from 304 "';(S1 ::.sUi b~ 991,745.00 Bond proceeds 384000GM 506,854.00 28,908,146.00 29,415,000.00 Premium on Bonds 38~ 1,091,854.00 'i 062(:-"'''', Total Revenue 1,498,599.00 30,000,000.00 ? Contingency -991,745.00 Transfer to 207 991,745.00 Interest Expense 5'70/?.0 991,745.00 Other Financing Costs :5 j 0 -j.::~(/ 506,854.00 Construction Expenditures 30,000,000.00 1,498,599.00 0.00 30,000,000.00 C:\Documents and Settings\kipp-penny\Local Settings\Temporary Internet Files\OLK3\2007 Bond Entry Sheet1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19. 2007 Division: Engineering Bulk Item: Yes -K- No Department: Facilities Development Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Receipt of monthly report on change orders reviewed by the County Administrator's Office, and a list of change order requests submitted by contractors, and rejected by EngineeringIF acilities Development. ITEM BACKGROUND: There were four change orders considered and approved by the County Administrator for the period beginning November 1, 2007 and ending November 30, 2007, for a total credit of 3,772.75, and there were four change order requests for change orders submitted by contractors and rejected by EngineeringlFacilities Development totaling $2,418.61 (see attached list). PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non-cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included x Not Required_ DISPosmON: AGENDA ITEM # Revised 11106 w u ~ LI- o In ~ 0..... ...0 ~~ I;;~ ......t U)ZI <<......... w::Eo CQ...... ~C~ 0>...... w.....t CJZ.... Z::)Q ceOo :CU;! Uww :c~ ...w rDi: Q~ wO ~L W Q .... In Z o U l!! .s QI flJ5j q:: -= l!!.e! -gE ... flJo. B flJ 0 ~ ..!!"3 ~ 8l~~ .8~i" !iflJ ~R~ ~ bOo l!! "5 -g-gflJ a:QlO 8 [[ flJ ~~ C -fj g ~. /iIil ~ ~ 0. l.!13i B ~tl Vl cg= q:: QI~ ~ U~! ~Uil ~ -fj0 -< :il!! . .!!!>; 0. lili t.) (;"3 q:: 2' -a.l!!-fj . UJ lji ~-g ii 5af.E~ .E ~I QI e> flJ~ U t >- 2' ~QI.c- ~ !z .! :::Ic "HmO> &~ W "iiilji U Q ~ lUlU tee " " " " 0 0 ~ ~ QU) ~ ~ Z ... ... ...... ...... ...... ...... 8 ... ... ... ... ... ... ... ... * * * * ~ 2'B .8 .... 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MONROE COUNTY FACIliTIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administrator Facilities Development DATE: December 4,2007 RE: Agenda Item - Change Order Report AGENDA ITEM WORDING: Receipt of the monthly report on Change Orders reviewed by the County Administrator's Office, and a list of change order requests submitted by contractors, and rejected by EngineeringlFacilities Development. ITEM BACKGROUND: There were four change orders considered and approved by the County Administrator for a net credit of$3, 772. 75. They are as follows: 1. Big Pine Key Park - Change Order No.3 for a decrease of$5, 938. 00 and a time extension of5 days, include revisions to the fitness path; revise the size of the slab on the sewage treatment plant; reduce the linear feet and revise the location of perimeter fencing; add emergency access to Atlantis Drive & Vista Linda; and add emergency access gates. Substantial Completion will be increase by 5 days from June 26, 2008 to July 1, 2008. 2. Tavernier Fire Station - Change Order No. 15 for a no cost time extension of 16 days for substantial completion, from October 31, 2007 to November 16, 2007 due to: The original sinks that were approved were conflicting with ADA clearances. New sinks had to be ordered The original plans called for vinyl composite tile in some rooms, and ceramic tile in others. There was a previous change order to convert some of the vinyl tile to ceramic, creating an unanticipated need to provide additional leveling. The installation of the equipment bay access door was delayed by unanticipated electrical conflicts. 3. Brick and Stone Exterior Cladding at the Freeman Justice Center - Change Order No. 2 for a decrease of $150.00 because of deleting some copper flashing and replacing it with stainless steel angles, Hydrotec 18" flashing, and Tremco Vulcem water proofing sealer to attache the flashing. 4. Big Pine Key Park - Change Order No.4 for an increase of$2,315.25 is to abandon two injection wells that were on site. The abandonment is required by the South Florida Water Management. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non-cumulative change orders for constrnction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A Thank you. lfyou have any questions please call me at ex!. 4439. CHANGE ORDER REQUESTS BY CONSTRUCTION CONTRACTOR REJECTED BY ENGINEERING/CONSTRUCTION DEVELOPMENT FOR THE MONTH OF NOVEMBER, 2007 Project COR # Description Amount Tavernier Fire Station Tavernier Fire Station Tavernier Fire Station Tavernier Fire Station 35 36 37 40 Double fur walls in kitchen Pantry doors Finish trim around showers Thicken wall between exercise Room and hall $525.00 674.24 272.27 947.10 Total $2.418.61 MONROE COUNfY / ENGINEERING /FACILITIES DEVELOPMENr CONTRACI' CHANGE ORDER PROJECT TITLE: Big PIne Kay Park MM 31 and the intersection of Sands Road and Atlantis Drive Big Pine Key, Florida TO CONTRACTOR: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 CHANGE ORDER NO: 3 INITIA TION DATE: October 23, 2007 CONTRACT DATE: February 21, 2007 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ... ............ ...... ......... .......... $4,528,000.00 Net change by previously authorized Change Orders ............ ......... ............ ... ............ $12,045.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $4,540,045.00 The (Contract Sum) (Guaranteed Maximum PrIce) will be (increased) (decreased) (unchanged) by this Change Order ... ......... ...... $(5,938.00) The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is '" $4,534,107.00 The Contract Time will be (increased) (decreased) (unchanged) by...... ... ...... ............... 5 Days The date of Substantial Completion as of the date of this Change Order is .................... July 1, 2008 Detailed description of change order and justification: RevIsIons to scooe of worlr to Include chanoes to the fitness oath. ellmlnatlna the slab for the sewaae treatment: reduCinG linear feet of fencInG. and addinG emelOMcV a~: and ;dd;n; an emenrencvaccess to AllllnIls DrIve & vrsm Un.. An addItJOfJfII 5 clII~ sullfDntilJl comDletlon Increases the contract time from June 26. 2008 to Julv 1. 2 This ChanGe Order Is (,13%) of the OriGinal conttact amount. Not valid until siGned bv OWner. and Contractor ARCHITECT: N1A Date CONTRACTOR: .:= ~ ? ~ -=------- L//~~? ~~ro Falcon Electri~1 con~ors. , ate DIRECTOR, FACILITIES DEVELOPMENT: ':'(: /' t" . x .>:1;." J /' /t ('., ;':) eny ~a ett Date I { COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not included In the original contract specifications. Yes t83 No 0 If Yes, explanation: Adding the emergency access and gates were fire code requirements. Credits for slab and fitness path revisions are part of value engineering. · Change Order was included in the original specifications. Yes 0 No t8] If Yes, explanation of increase In price: · Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No t8] If Yes, explanation as to why it is not subject for a calling for bids: · Project architect approves the change order. Yes 0 No t83 If no, explanation of why: We do not have an architect for this part of the project. · Change Order is correcting an error or omission in design document. Yes DNo t8] Should a claim under the applicable professionalliabiJity policy be made? Yes 0 No 181 explain: Pedro Falcon Electrical Contractors, Inc. Jll6fJ Av~1UU' C. Big Pbu Key, FL 3304J-4516-(30S)872-2100-FIU (305)872-2119 12137 SW 13J6I..Avelllle, Mid"*'. FL33186-(305)971-2D1l-Fu (305)971-1013 ECOOOl49IICGCA4J2J4 Revised 10/31/07 Request for Change Order 23 October 2007 Project: .Qiw Pine Kev Park Redevelopment Cbange Order Request No: Five Des<ription: (;han'l"llk! Si~ PIll!.! C-I denoled as A per the revised Si~ P:an :vided by Monroe County. Site plan revisions address preliminary comments t..... site 9 i 2coerated dtuipg the building permit review. SPecific items include the followi:: DeIetiOll': BAT Construction: I) SutJ..grade at fitness path.................................. ........ ........ .<$2,100.00> Affordable Asohalt: I) Asphalt at fitness path revision................................... .......... <$5.654.00> ~ I) Revise the size of the STP slab. ..... ....... ............ ........ .............<$5.000.00> Jlllbutrllll · C.",..~l'Clal · JlUtl",tI.,,1Il . liliU" Florida Fence 1) Revise location of perimeter fencing.................................... <$1,200.00> 2) Rc\ise main entry gate to two 12' s~;ng gates with open position lock mechanism.. ............. .............. ... ....<$1.500.00> Total of Deletions:............................................................. <$15,454.00> Addittoos: SAT Construction: 1) New emergency access to Atlantis Drive & Vista Linda (One each) and (Delete 88BINt. eM) for new entrances... ............... ...... ... .... ..................$:3.976.00 Florida Fence I) New emergency access gates with locking mechanism at tow new emergency access lanes.. .............. ....... ............$545.00 2) Revise two service gates to be 18" service gates............................ ..$545.00 3) Revise location of waste disposal enclosure........................... ....... ......$0.00 ~ I) (Delete )Jell) 11' x jj' x ,.. lJ81UlNhJ flllSi8R8t8SloMillg anll tulle_al .a~O.OO 2) Layout and Coordination of changes... .. . .. . . . . . . .. .. .. .. . . . . . .. .. . " .. . .. ....$4,000.00 (40 Hours at $IOO.OO) 3) Paint line @ designated loading and unloading zone ...... ..................$ 450.00 (300 Linear feet (+/-) 4" striping and lettering) Tota' of Additions:... ..... ................ .................. ............. ...........$9,516.00 Net Amount of Request for Change Order:...............................................<SS938.00> Additioul time Requested for Cbaage:.............................................S Days Respectfully Submitted. ~~ eM r/" iJIfIH,..,., 1t'fJ1t.. Ken Oygler Project Manager lB/23!28e7 11:97 38'5-29&-9094 8<~ T IJ:JNSTRLr(;TION !t-C PAfX: all ell B-ALConstnJctlon,Inc 305-296-6619 PH. 305-296-9094 FX Suite 106 lZl t;S Highway One Key West, FL 33040 October 23, 2007 Pedro Falcon Electrical Contractors 3 J 160 Avenue C Big Pine Key, Florida 33043 Attention: Ken Bygler. Project Manager Re: Big Pine Key Park PH: 305-872-2200 FX: JOS-872-221' Dear Ken: Please find the price changes for the Dew C-l drawing per your request: Add 6"" 6" Curbing and New Entrance @ Atlantis Drive and Vista Linda Driv~ S 5,600 Deduct Base and Finish Work on Deleted Bike Path by Shuffleboard C<lurts Net Add Change <2,100> ./ Please advise if there are ally questions. S ~r5Qg DaveKircbo Vice-President Sincerely, CO 18/31!2NF 15:36 )e'5-~%-'.3(\94 BAr CUtt;:.i/-'LCIIUN .it~~ ~Al:IC. "'..I r.J.r. B.A. T...Construction, Inc_ 305-296--6619 PH 305-296-9094 fX Suite 106 121 US Highwa}: One Key West. fL 33040 October 31. 2007 Pedro Falcon Electrical Contractors J J J60 Avenue C Big Pine Key, Florida 33043 Attention: Ken Bygler, Project Manager PH: 305-872-2200 FX: 305-872-2219 Re: Big Pine Key :Park Dear Kim: Please find our Proposal to Deduct the Curbs on the above ~ferenced project per your request Deduct Entrance Curbs at Atlantis Drive and Vista Linda Drive < 2,800> Total Deduct Please advise jf there are any questions. rC: .., stArr> '>l~~~ c:, nave Kirchoff Vice-President Affordable Asphalt P.O. Box 1632 Islamorada, FL 33036 PhcIrMl (:105) m~ 1119 Fait (3M)8'3-t t9t Dalla 11412000 Estimate 1891 PEDAO FALCON 3 1160 Ave. C Bi& Pine Key, FL 33043 PIt: 172.22GO F.x In.2219 ContKl KeaIChristiItIBo Project BlO PINE COMtofuNrry PARK P.O. No. OQcliplon J. BA8XE"I'BAlJAl0l.LEll HOCKBY A APPLY ENlJLSDl1ED ASPHALT PlUME AND TACK SOLUTION TO AlL StJRPACES TO BE PAVED. B. PAVEP.lE!PAR!DSUIlFACES TOTALING 1422 S.Y. W'I'1lf HOT TYPE 8-3 ASPHALT ATONE AND ONE-HALP INCHES IN T8lCKNESS. 2. PAIlKINO LOT SNnANCS A)lJ'D HA.lIofDICAP PMUONO A. AJlIIl,y ElWLSIFJED ASPHALT TACK SOUm<>N TO ALL SURFACES TO BE PI. vm. 8. PAva PRBPAJUD) SURFACES TOTALDIG 66S SQUARE Y AR.DS wtnI HOT 1'YPE 8-3 ASPHALT AT ONE AND ONE-HAU INCHES IN llfiCKNESS. 3- TBNlIIS COUkT A. APPLY mroLSIFIBD ASPHALT PlUMB AND TACK SOLUTION' TO AU. SURFACES 10 BE PAVED. B. PAVlJ'UPAIlBD SUltFACBS TOTAlJNQ aoo S.Y. WITH HOT TYPB 8-3 ASPHALT AT ONE INCH IN 11IfCKNE!S. .... BIKE PAm A. APPLY fiMtJLSIFlED ASPHALT PlUME AND TACK SOUITION TO ALL stJRPACEi TO BE PAV8D. a PAVELSVELINO COUJlSE OF' ASPHALT TOTALING 2402 S.Y. WITH HOT TYPE 8-3 ASPHALT AT ONE AND OH&HALP' INCHES IN l1UCKNESS. C. PAVE SlII.PACES COUIlSE OF ASPffALT TOT AL1NO 2402 S. Y. WITH HOT TYPE s.3 ASPHALT AT ONE AND ONE-HALF INCHES IN 1lIlCKNESS. 0P1'J0N: PA \IE I.EVEUNGCOURSE AT TWO INCHES IN THICKNESS IN UEU OF FOUR INCH LRB. $46.'47.00. 30% Due upon execution of coruract Balance due on day of compJetion. T ota. Quoted pme. tIl"C valid for 60 days 1iom date on estimate. PIeIIe sian. date.. RQIm by mail or fa. Date Signature Rep r 0IiII 7SO.00 11.900.00 8.121.00 <<10.00 7.$20.00 1,350.00 :U.II5.00 ) 1,"S.oo SlOl,.,'I.OO Affordable Asphalt & Brick Paving, Inc P.o. Box 1632 lsbunorada. Fl.. 33006 Phone"# ()OS) 664-294(} F8IC. (30S) 66f..S866 PEDRO FALCON 31 I~ Ave.. C Big Pine Key, FL 33043 Phone 812-2200 Fex 8T1.-2219 Contac:t ~ PrGject BIG l'INE~1TY PARK o~ 1- BASKElBALUROU..ER HOCKEY A. APPLY EMULSIF1ED ASPHALT PRIME Al'o'D TACK SOLlJJlON TO PAVED, B. PAVE PREPARED SURFACES TOTALING '422 S.Y. WITH HOT AND 0NE-HAl.P .INCHFS IN THICXlo."'ESS. 2. PARKINO LOT A. APPLY F..MtJLSIFIED ASfHALT PlUME AND TACK SOLUTION B. Pit. VE LI!VELING COlJ$lS6 OF ASPHALT MEASUR.ING 34-39 s. y, ASPHALT AT two INCHES IN l1:DC'KNI:!SS.. C. PAVE SURFACES allJRSE Of ASPHALT MEASUJtJNG 3439 S. Y. ASPHALT AT ONE AND 0NE..ffA1.,f INCHES IN 1'HICKNESS. 1- TENNIS COURT A. APPt.Y BMULS.IFIBD ASPHALT PRIME AND TACk SOUJ11ON TO PAVED. B. PAVE PREPARED SllRPACESTOTAL1NG 8OOS.Y. WfIH HOT INCH IN THlCKNESS. 4- BIKE PA 111 A. APPl. Y EMULSIFIED ASPHALT PRIME AND TACt{ SOUITION TO PAVf.D. 8. PA \IE LEV1:LING COURSE Of ASPHALT TOTALING 2615 S.Y. AT 0P0.'"E AND ONE..fIAI.F INCHES IN rnJCkNESS. c. PAVE SURFACES COURSE OF ASPHALT TOTALING 2615 SY ATONE AND m.'E-HALf INCHEs EN TIRCKNESs. 30% I)ge upon exccuboo of COfllraCt. Balance due on day of compktion. Quoted prices: nt' valid fOr 90 day$ from date on estimate. Pkase siga daie and return b) mail or fax 0-0: Cr: S Date lf4l.lOO1 Estimate 1398 PO. No. ACES TO IE 1"YPE S-J T ATONE 8-3 ASPHALT S-JASfHALT P;;lge 1 -...- - - -- -. -.-.- --"---. ~ep Total 750.00 18,900.00 1.750.00 6O.7SO.00 45.600.00 400.00 7,520.00 ') 50.00 34,712.00 J4.1J2.00 Aut 21 2007 12:49PM FloridA F~nc@ Corp. 3058524324 p.l Florid. Fence Corp. P.O. Box 227 r il\'Cmier. fL 33070 Estimate f M:: 1 -:.~ N8me I AddteN Pedro FIIam J 116f All(. C B;, Pine Key PL 3J04J PrCljed ~ Qty COlIt Total PnmIk.t ....... Olat l.iIIt Pca:iaa Bfa PflJe Park 2,700.00 2.101.00 I. \VeRtt..I>~6O' of6'cItain link on wood ftoct!inc! (.....J A.. Dcchct 11.200.00 2.. .u. ..... .t'J.l:l'oAG CllltiIft.C5''' 1IPiU be 20'lc6. double swiq a- 8. Deduct $1,$00.00 Total sz, 100.00 CuIbner Signeklre Florida Fence Corp. P.O. 80x 227 Tavemic:f. fL n010 ......1 AdlhM ..... F*- Estimate I ,:: I -:-. I II ~ II ~ ~ #1 ,... ~. at, ec.t TOW ........ 6:,... o.1..iItt ~ 9Q6.00 taDW .. .........0.... ............ C1d __ ~ Jaadla 1. ....... two......... ~ Oft pcrlMcur fcacc.. (r rdauNt ........ J. a.ee..... _...." tr... tnIM' fena rat. ............cw. LiIl ~ 2.60000 1MUO. t. -._........... 2. ........ fiIl~.- IOCtCIIfe ~ipmoem $tO,. iUC&. 3. cr.a........ b:yCIlt Iocb Tota. lHOIUIO Customet S.gtlattlte PEDRO FALCON ELECTRICAL CONTRACTORS, INC. 31160 AVENUE C BIG PINE KEY, FLORIDA 33043-4516 PH: (305) 872-2200 FAX: (305) 872-2219 [!-J~TI~~ Q) ~ if[fW.\[M$~ ~TI ti\[t. DATE I 6-Nov-07 I JOB NO. I ATTENTION:TClark Briaas RE: I Bia Pine Park Redevelopment TO: Monroe County Facilities Development 1100 Simonton St., Rm 2-216 Key West, Florida 33040 WE ARE SENDING YOU I xxx !Attached DUnder separate cover via the following items: o Specifications DShop Drawings o Prints DPlans DSamples o Copy of letter I xxxi Change Order D Submittal ICOPIES DATE NO. DESCRIPTION I 1 23-0ct-07 PFEC Signed Change Order #3 rHESE ARE TRANSMllTED as checked below: I xxxi For approval o For your use DAs requested o For review and comment DApproved as submitted 0 Resubmit _ copies for approval DApproved as noted 0 Submit copies for distribution o Returned for corrections 0 Return corrected prints D DFOR BIDS DUE EMARKS: DPRINTS RETURNED AFTER LOAN TO US JPY TO: SIGNED:~ Ren BygJer, Project Manager If enclosures are not as noted, kindly notify us at once. ;'1' t ,,' MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: November 9, 2007 RE: Change Orders Attached is a proposed change order for Pedro Falcon Electrical Contractors, Inc. for Big Pine Key Park (Change Order #3 is for a decrease of $5,938.00 due to revisions to scope of work-see attached. This is also for an additional 5 days to the completion date changing it from 06/26/08 to 07/01/08.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. ~ intends to approve this change order on .~day, DLF: ade ragt:: I VI I Campo-Abra From: Campo-Abra Sent: Tuesday, November 13, 2007 9:28 AM To: County Commissioners and Aides Subject: Big Pine Key Park Attachments: Change Order #3 Pedro Falcon Electrical Contractors Inc.pdf Please review attached change order #3 for Pedro Falcon Electrical Contractors. a8Jta fampo. Sr. Administrative Assistant Office of County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-205 Key West, R. 33040 Office 305-292-4441 Fax 305-292-4544 ci!l1JQ9_:_abra@J]1Ql}r~~oJ.m_tcfL99-Y Help us Help You! 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Your email may be subject to public disclosure. 11/13/2007 MONROE COUNIY / ENGINEERING /FACILITIES DEVEWPMENT CONTRACf CHANGE ORDER PROJECT TITLE: Tavernier Fire Station CHANGE ORDER NO: 15 INITIATION DATE: November 1, 2007 CONTRACT DATE: August 16, 2006 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 18fh Terrace Miami, FL 33157 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $984,458.00 Net change by previously authorized Change Orders ... ... ............... ... ......... ......... ... ... $167,260.20 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $1,151,718.20 The (Contract Sum) (Guaranteed Maximum Price) will be (increased} (decreased) (unchanaedl by this Change Order ... ... ............ N/A The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1,151,718.20 The Contract Time will be (increased) (decreased) (unchanged) by.............................. 16 Days The date of Substantial Completion as of the date ofthis Change Order is ......... ...... .....November 16,2007 Detailed description of change order and justification: No cost time extension of 16 davs for substantial comoletion from October 31. 2007 to November 16. 2007 due to new sinks belno ordered for ADA comollance: chanoes In the tile base after It was Installed: and the installation of the eouioment bav access door was delaved bv unanticloated electrical conflicts reauirlna owner/architect decisions. This Chanae Order Is 0%( the or/alnal contract amount ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: J COUNTY ENGINEER: COUNTY ADMINISTRATOR D~.. opPeIIP.E'j '. '... K~clD1C~ Thomas IIli1Debbie Frederick-Deputy 1/, 5.0 Date //. CK> '{)7 Date 11-'3 iJ Date I (/I~~er; Change Order Attachment per Ordinance No. 004-1999 · Change Order was not included in the original contract specifications. Yes r2I No 0 If Yes, explanation: ThIs change order is for a 16 day time extension due to the following: The original plans called for vinyl composite tile in some rooms and ceramic tile in othets.. Change Order #3 funded a conversion of room 119,121, 1U6, and 129-31 to ceramic tile at the Fire Rescue expense. This change order is based upon an unanticipated need to provide additJonalleveling that would be required for either type of tile finish. The odginal sinks werv ordeted per specltications and approved. Upon installation, It was discovered that these sinks welV conflicting with the ADA clearances. New sinks had to be ordered. Installation of the equipment bay access door was delayed by unanticipated electrical conflicts. · Change Order was included in the original specifications. Yes 0 No r2I If Yes, explanation of increase in price: · Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No ~ If Yes, explanation as to why it is not subject for a caRing for bids: · Project architect approves the change order. Yes r2I No D If no, explanation of why: · Change Order is correcting an error or omission in design document Yes DNo ~ Should a daim under the applicable professional fiability policy be made? Yes D No ~ Explain: Overholt Construction Group 10460 SW 187th T8IT'aOe Miami.FL 33157 Ph : (305)234-96n Change Request' To: Wilson, Kevin Monroe Cnty Constr Dept 1100 Simonton Street Room 2-216 Key West, FL 33040 Fax: 305-295-4321 Number: 42 Date: 11/1107 Job: 2006-1010 Tavernier Fire Station #22 Phone: Descrtptlon: Time Extension We are pleased to offer the folowing specifications and pricing to make the following changes: Overtloft Is requesting an Extension of Time for the completion of the T avemier Fire Station #22. The extended time request is to November 16, 2007. We ask that the substantial completion date be extended due to : 1. ace was Instrucled to change the profile of the tile base after it was inst.alled. 2. SInks were ordered per specs and approved submltlal. Upon installation It was discovered that if these approved sinks were used the Inspection for ADA would not pass. Plumber had to order different sinks at the last minute. Estimated arrival time is the second week of November. 3. No detail for the Installation of Apparatus Bay Door Desaiption Price Subtotal: $0.00 Total: $0.00 If you have any questions, please contact me at 305-367-1069. Submitted by: Pries, Teresa Overholt Construction Corp. Approved by: Date: Cc: 0llERROl1 CONSTRUCTION CORPORATION CGC 000164 CGC 022801 RESIDENTIAL CONSTRUCTION INC. eGC 057740 0llERROl1 Experience in South Florida Since 1948 Main Office - 10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-9677 FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 Letter of Transmittal' To: Riger, Ann Monroe Cnty Constr Dept 1100 Simonton Street Room 2-216 Key West, FL 33040 Fax: 305-295-4321 Subject: Signed CO #15 Transmittal #: 401 Date: 11/5/2007 Job: 2006-1010 Tavernier Fire Station #22 WE ARE SENDING YOU r Shop drawings r Copy of letter (;; Attached r Prints r Change order (;; Transmitted sent via: Next-day service r Plans r Specifications r Samples r Other Document Type Copies Date No. Description ----- ~---------------- ~~~~-~-----"~-~---- THESE ARE TRANSMITTED as checked below: r For approval r For your use r As requested r For review and comment r FOR BIDS DUE r Approved as submitted r Approved as noted r Correct and re-submit r Other r Resubmit _ copies for approval r r Submitt _ copies for distribution Retum _ corrected prints Remarks: Copy To: p~ om: Pries, Teresa (Overholt Construction Corp.) Signature: 1f If enclosures are not as noted, kindly notify us at once. Paoe 1 of 1 MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: November 9, 2007 RE: Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #15 for Overholt Construction Corporation is for a no cost time extension of 16 days changing the completion date from 10/31/07 to 11/16/07.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. intends to approve this change order on~j.;." The Deputy. ~dministrator November Ii! 2007. C~:'. i ' ~ j-W..t: ----.....-- Debbie Frederick Deputy County Administrator DLF:adc Page 1 at 1 Campo-Abra From: Campo-Abra Sent: Tuesday, November 13, 2007 9:26 AM To: County Commissioners and Aides Subject: Tavernier Fire Station Attachments: Change Order #15 Overholt Construction Corp.pdf Please review attached change order #15 for Overholt Construction Corporation. atPta &unpo. Sr. Administrative Assistant Office of County Administrator The Historic Gate Cigar Factory 1100 Simonton Street, Suite 2-205 Key West, Fl 33040 Office 305-292-4441 Fax 305-292-4544 ~aD1.P9=-abra@mQ/}r~~QJi!l~flgQ,{ Help us Help You! Please take a moment to complete our Customer Satisfaction Survey: /JnQ:l/ffiQJJIQ~<::oft'LirtyaltQw,o_hillLI}~J:{~gQ~~IMQmo~CoFl-_VV~QO_Q9ALc;~ Your feedback is important to us! Please note: Rorida has a very broad public records law. Most written communications to or from the County regarding County business are public record available to the public and media upon request. Your email may be subject to public disclosure. 1/13/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPl\1ENT CONTRACT CHANGE ORDER PROJECT TITLE: Brick and Stone Exterior Cladding Freeman Justice Center 302 Fleming Street Key West. FL CHANGE ORDER NO: 2 iNITlATlON DATE: October 25, 2007 CONTRACT DATE: May 16,2007 TO CONTRACTOR: E.G. Bras',vell Construction, Inc. 5635 MacDonald Avenue Key West. FL The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ....._.................,......._......._ $ 1,923,718.00 Net change by previously authorized Change Orders ... ............ ...... _..... ... ...... .,.._..._ ... $ 125,180.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ...... ._. $ 2,048,898.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ................. $ (150.00) The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $ 2,048,748.00 The Contract Time will be (increased) (decreased) (unchanged) by... ........_...... ...... ..... N!A The date of Substantial Completion as of the date of this Change Order is ...... ... ... .__.._ November 23. 2007 Detailed description of change order and justification: This Chanqe Order is deletinq the Copper Flashinq included in Chanqe Order NO.1 for $41,400.00 and replacinq it with Stainless Steel AIJqles on portions of the base of Flemminq St & Thomas St Sides, Hvdrotec 18" Flashinq, and Tremco Vulcem Water Proofinq Sealer for a cost of $41,250.00. Total savinqs of $150.00 This chanqe order is 0.0% of the oriqinal contract price. Not valid until siQned bv Owner. Construction Manaaer. and Contractor ARCHITECT: N/A CONTRACTOR: // ..-:? 7-c2' Date Di;~ECTOR, FJ\C!Lir,IES DEVELC)F'jlAENT: COUNTY ENGINEER Ii ~?1 -0 I) Date COUr--Hy,'^',mJlINISTPJ1,TOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not included in the original contract specifications. Yes [8] No 0 If Yes, explanation: This Change Order is deleting a portion of Change Order No. 1 that includes Copper Rashlng for a cost of $41.400.00. and replacing it with Stainless Steel Angles, Hydrotec 18" Flashing. and Tremco Vulcem Water Proofing sealer to attach the Flashing. · Change Order was included in the original specifications. Yes 0 No [8] If Yes, explanation of Increase in price: · Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No [8] If Yes, explanation as to why it Is not subject for a calling for bids: · Project architect approves the change order. Yes 0 No [8] If no, explanation of why: The Architect Is not required to approve Change Orders for the Freeman Justice Cemer. · Change Order is correcting an error or omission in design document. Yes DNo [8] Should a claim under the applicable professional liability policy be made? Yes 0 No [8] Explain: ..... '7 W ::2: !':a... :/0 )-' )LJ.J :> J .U ) (,) (<:n 'W 5'= --' ~u <( ,,- " : ~ ..~ '! E.Gi BRASWELL CONSTRUCTION INe I 5635 MACDONALD AVE . KEY WEST, FLORIDA 33040 p,HONE 305.296.0305 FAX 305.296.1824 i . Proposal Submitte~ to Momoe County Facilities Dev. Clark Briggs Sr. ProJect Manager . J Jerry Barnett Direct r of facilities Dev. .~ ~ F eman Justice Center Court House Key West, FL. Hank Goldman Architect of Record Currie, Sowards, Aguila, Architects Date: Oct 25, 2007 Job Name: Freeman Justice Center Job Location: Key West. Fl. Change Order #3 c Is an Addendum to Change Orders 1 & 2 Revisions as per th, request of the Ar~hitect of Record Copper Flashing .02~6" (24 Gauge) 16" wide & Wet or Dry (Bull) - $ 41,400.00 . 6" x 6" x 2" Steel Part # EGB 6 as Shop Drawings Manufacturing $ 16,800.00 Continuous Steel AnSJes for the Stone Cladding at each level above the floorlline. Galv. Steel Sizes Varies $ 56,200 Floor line Steel An~ $ 00 Brick Angles $ 00 Extra Stone on High arapet comers $ 00 S8 Anchors & Wate'j Proofing for the Angles $ 10,780 Scaffolding 2-3 Weeks Rental Time $ 00 304 Stainless Steel ~le Approx. On Portions of the Base I ofFlemm;ng St. & ~omas St. Sides Hydrotec 18". Flashihg Tremco Vulcem 116 Water Proofing sealer to attach Flashing $ 14,300.00 $ 20,650.00 $ 6,300.00 Total Price: One H ndred Twenty Five Thousand Thirty Dollars & Zero Cents $ 125,030.00 All work to be COmpletJ in a worlcm9nlih manner according to standard practices. Any alteration or deviati~n from above specifications involving extra costs. will be executed only upon written orders, and will ~ome an extra charge over and above the estimate. This proposal is subject to acceptance within 1 0 da* and is void thereafter at the option on the undersigned I --- .......- Edgar BrasweJI, President / I E.G. Braswell C9ns1J'Ucnon Inc. ACCEPTANCE OF PROPOSAL The above prices, specifibations and conditions are hereby accepted You are authorized to do the work as I specified. Payment will be made as outlined above. ACCEPTED: Sigmttwre Date: Printed Name I~E79tZ~CE:~Yd 'T 'T ':11"::' \<".1 r ~ . ,cLlI J Y d 2) !i ill i ~:'J3d ;rf F~:!: ('HI , i"",i' - -- . i"" ,.. }Ii ,- "'; ,- / BOARD OF COUN1Y COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17. 2007 Division: Rng;neeritli Bulk Item: Yes -X. No Department: Facilities Development Staff Contact Person/Phone #: Jerrv Barnett X4416 AGENDA ITEM WORDING: Approval of Change Order No. 1 with E.G. Braswell Construction, Inc. for the Brick and Stone Exterior Cladding at the Freeman Justice Center. ITEM BACKGROUND: The former Architect did not supply complete and acceptable drawings and specifications to satisfy wind and gravity loads. Additional supporting steel angles, flashing and fasteners are required for additional support. PREVIOUS RELEVANT BOCC ACfION: On May 16, 2007, the BOCC granted approval and authorized execution of an Agreement with E.G. Braswell Construction, Inc. for the Brick and Stone Exterior Cladding of the Freeman Justice Center. CONTRACT/AGREEMENT CHANGES: Contract price increases by $125,180.00, from $1,923,718.00 to $2,048,898.00. Contract time increases 41 days from October 12, 2007, to November 23, 2007 due to permilting delays. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $125.180.00 BUDGETED: Yes -L No COST TO COUNTY: $125.180.00 SOURCE OF FUNDS: Fund 307 REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOsmON: AGENDA ITEM # Revised 11106 I. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: E. G. Braswell Const. Contract #_ Effective Date: 10/17/07 Expiration Date: Contract Purpose/Description: For additional support needed to satisfy wind and gravity loads which include continuous steel angles for the stone claddin with anchors and water proofing, and cooper flashin~. Contract Manager: Ann Riger 4439 Facilties DeveVStop #1 (Name) (Ext. ) (Department/Stop #) for BOCC meetin~ on 10/17/07 ~enda Deadline: 10/02/07 CONTRACT COSTS Total Dollar Value of Contract: $ $2,048,898 Current Year Portion: $ 2,048,898. Budgeted? Yest8] No 0 Account Codes: 307-24003-56062O-CE0601-530340 Grant: $ N/A _- -_-_-_ County Match: $ N/A _-_-_- - - - - --- ADDmONAL COSTS Estimated Ongoing Costs: $-'yr For: (Not included in dollar value above) (ell. nurintenance, 1JtiJities, ianitorial. salaries. etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director (0/')'01 YesDN~ ~')7J1 RiSk~men~ W YesDN~ 10 O.M.B.IPu~~g 1()~'1#()7 YesO NoE( ~ ~p ~ COUnty Attorney It/-3Iol Y ~ No!1Y' 7/t>,iR~q) ~ Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administratof"J a/ Facilities Development \Jf"" DATE: October 3, 2007 HE: Agenda Item - E. G. Braswell Construction AGENDA ITEM WORDING: Approval of Change Order No. 1 wtth EG. Braswell Construct/on, Inc. for the Brick and Stone Exterior Cladding at the Freeman Justice Center. ITEM BACKGROUND: Change Order No. 1.for EG. Braswell in the amount of $125,180. ()() is to provide for additional support required by the ArchitectlEngineer of record for the Brick and Stone for the Freeman Justice Center. The former Architect (Gonzalez) did not supply complete and acceptable drawings and specifications to satisfy the wind and gravity loads required by the replacement Architect (CSA). The Contractor submitted his shop drawings based on the original drawings and was rejected The Engineer of Record required additional supporting steel angles (approrimately 6()0/6 more) to hold the stone separately form the brick. This action also necessitates additional flashing and fasteners to accomplish the work. A second reason for the additional support is that the project needed to revert to the originally specified jUll thickness stone which added a greater load to the support system. The 'Hollow back Stone ' manufacturer could not meet engineering requirements for wind loads and was not able to produce all the larger panels for the job although he originally stated that this could be provided Change order No.1 is the result of the Engineer of Record's requirements and the inability of the original stone manufactures to meet the requirements with the lighter stone. PREVIOUS RELEVANT BOCC ACTION: On May 16, 2007, the BOCC granted approval and authorized execution of an Agreement with E G. Braswell Construction, Inc. for the Brick and Stone Exterior Cladding of the Freeman Justice Center. CONTRACT/AGREEMENT CHANGES: Contract price increase by $125,180.00, from $1,923, 718.00 to $2,048,898.00. The contract time increases 41 days from October 12, 2007 to November 23, 2007 due to permitting delays. STAFF RECOMMENDATIONS: Approval as stated above. Thank you. lfyou have any questions please call me at eX!. 4439. AR MONKOE COUNfY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACf CHANGE ORDER PROJECT TITLE: Brick and Stone Exterior Cladding Freeman Justice Center 302 Fleming Street Key West, Fl TO CONTRACTOR: E.G. Braswell Construction, Inc. 5635 MacDonald Avenue Key West, Fl The Contract Is changed as follows: The original (ConIr8c# SUm) (Guarwlteed Maximum Price) ........................................ $ 1,923,718.00 Net change by previously authorized Change Orders ... .................. ........................ ... $ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $ 1,923,718.00 The (Contract Sum) (Guaranteed Maximum Price) will be fincreased} (decreased) (unchanged) by this Change Order ................. $ 125,180.00 The new (Contract Sum) (Guaranteed Maximum Price) Including this Change Order Is ... $ 2,048,898.00 CHANGE ORDER NO: 1 INITIATION DATE: October 1, 2007 CONTRACT DATE: May 16, 2007 The Contract TIme will be lIncreasedl (decreased) (unchanged) by ............................. <41 days The date of Substantial Completion as of the date of this Change Order Is ............... ...November 23, 2007 Detailed description of change order and justification: AtIdIIJon-' ..-... n..r1141 fu ~ 'IIInd and anwftv IaIIdI which Include comInuous stMI .... ""...... ~-- willi ..xIIora MIl ....-D'QOAiA III -.00 CODDfW Flash/no to DIOtect the SUDDOIt svsf8m ..200.00 ToI1Il S125.1..00 An Adt:IIIIoMI41 dns Is rvauested IN the COlI&~fOr' due to DWmII.IIna deIDs. This chanoe onIw Is '.'1" of the odaInaI CCHlbtld DIIce. (SEAl) Attest DANNY L KOlHAGE, Clerk MONROE COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: MayorlChairman Date: CONTRACTOR E.G. BRASWEll CONSTRUCTION, INC. ------ ...----- :3 Print Name: € b '12ASuI Ell Date: /O/3/0? Title: M~oc c68IJIOA7rORNEY . APPROVE~RM: ;;':",h~_. ~ NATlLEENE w. CASS _ASS'STAN~ _C?9~N.,TY ATTORNEY Change Order Attachment per Ordinance No. 004-1999 · Change Order was not induded in the original contract specifications. Yes I8J No 0 If Yes, explanation: ProvIde addIIIonaJ support lfIqulred by the ArchlfectlEnglneer of record for the Brlck and Stooe.. TIle fotrnw ArchItect did not supply complete and 1ICCeptab/e dtaJngs and specltkatJons to RI:IsIy the wind and gnwll.y loads required by the I8pIIIcement ArchIfet;t TIle ArchItect at Recotd IfIqfIIred addtIonIII $Uf1POIfIn9 steel angles to hold the stone seperateIy from the btlck, which necessitates addItJon. flashl. and f8sf8neB. A second I98SOft fOI' the IKIdIIItIMII suppoIf Is tIJIIt ... proJect needed to I1MNt to the orlgIlJIIIIy sptKIfIed fuM thIcIcness stolle which added . gl8lltW IOIId to the AIppOtt sysfem. TIle 6Ho11ow bIIt:Ic stone' manuIIIcIutw could not IINHIt engInMllng requirements for wind loads and was not IIbIe to produce all the /atgeI' pllneIs fOI' the job aIIIJougIJ he odgIIIIIIIy sIlIted ",., Mia could be ptOtIIded. C"""". 0IfJw.,., Is ",. result of the Eng/nefw of Reconl's requltements and the IMbIIIty of the 0rlglnai stone IIJMfIfac:tww to meet.....,..".,..,. wIIh thellghtw stone. · Change Order was included In the original speciftcations. Yes 0 No I8J If Yes, explanation of lnaease in price: · Change Order exceeds $25,000 or 5% of contract price (whichever Is greater). Yes I8J No 0 If Yes, explanation as to why it Is not subject for a caIing for bids: ThIs change onIfIr Is not subject fOI' a calling fOI' bIdlI because we have . contrIIcIutII oIJI/gIIIIon with E.G. Bnlswell ConsttuctIon ffK the bI1cIc and stone fIJdwIoI' cladding lit the F,..",." Justice Center. BOCC approved Otll1f/01. · Project arch.act approves the change order. Yes 0 No I8J If no, explanation of why: The ArdtIted Is not IfIqfIIred fo approve Change Onfws fOI' the Freeman JustIce Cenfw. · Change 0n:Ier Is correcting an error or omission in design document. Yes ~No 0 Should 8 cJam under the applicable professionaIlabIily poley be made? Yes I8J No 0 Explain: Gonzalez Architects did not supply COIq)Ief& and acceptable dlawlngs and specIIIcdons to SIItIsfy the wind and gnIVIty IotIds I1IqUked. -- E.G. BRASWELL CONSTRUCTION INC 5635 MACDONALD AVE KEY WEST, FLORIDA 33040 PHONE 305.296.0305 FAX 305.298.1824 Proposal Submitted to Monroe County Facilities Dev. Clark Briggs Sr. Project Manager Jerry Barnett Director of facilities Dev. Freeman Justice Center Court House Key W~ FL. Hank Goldman Architect of Record Date: Oct. 01, 2007 Job Name: Freeman Justice Center Job Location: Key West, FI. Change Order #2 : Revisio.. u per tile reqaest or tile Ardaitect of Record Copper Flashing .0216" (24 Gauge) 16" wide & Wet or Dry (Bull) $ 41,400.00 6" x 6" x 2" SteeJ Part # BGB 6 as Shop Drawings Manu&cturing $ 16,800.00 Bond amount Increase $ 2, lS2.~3 ~312.85 5:8,;).00.00 J Total Price: Sixty The.....'"' 'FIne Hmwltvd fift, T-'I Bo..... & Nh.., live CeRta . · 68,35:2.95 !>-y;). CO . (tJ I AU wort to be comp1eCed in a woJtmaolike maoner according to standard practices. Any alteration or de\iafion from abcn-e speciticanoa, im'oh'i.og extra costs. will be executed only upon written orders. and will become an em:. cbargle CKa' aod abm-e the estimate. This proposal is subject to acceptance within JO days and is ,'ojd thereafter at the option on the undersigned. Edgar Braswell Presideot -====- - E. G. Braswell Construction Inc, - =- ~ ACCDTANCI: 011 PROPOSAL The abcn'e prices. specifications and conditions are ~. accepted. Yau are authorized to do the wort as specified. Payment will be made as outJioed abO\'e. ACCullill: Date: Signature Primed Name E.G. BRASWELL CONSTRUCTION INC 5635 MACDONALD AVE KEY WEST, FLORIDA 33040 PHONE 305.296.0305 FAX 305.296.1824 Proposal Submitted to Monroe County Facilities Dev. Maria Graziano Date: Oct. 02, 2007 Job Name: Freeman Justice Center Job Location: Ke We FI. Freeman Justice Center Court House Key West, FL. Hank Goldman Architect of Record Extention of Time #1 : Please allow an additional 41 Days due to Permit delays on our scope of the work on this project. Total Price: 00.00 All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. This proposal is subject to acceptance within 10 days and is void thereafter at the option on ~ Edgar Braswell, Preside~ E.G. Braswell COnstruction Inc. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Signature Date: Printed Name MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: November 28, 2007 RE: Change Orders Attached is a proposed change order for the Brick and Stone Exterior Cladding for the Freeman Justice Center. (Change Order #2 for E.G. Braswell Construction, Inc. is for a decrease in the amount of $150.00 due to deleting the copper flashing included in the previous change order #1 and replacing it with stainless steel angles on portions of the base of Flemming St. & Thomas St. sides). According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval. assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Thursday, November 29, 2007. c;J;iu Cb(CK , '-'"' Debbie Frederick Deputy County Administrator DLF:adc r(1~t; 1 VI 1 Campo-Abra From: Campo-Abra Sent: Wednesday, November 28,20072:18 PM To: County Commissioners and Aides Subject: Change Order Attachments: Change Order #2.pdf For your review: Change Order #2 for E.G. Braswell Construction, Inc. for Brick and Stone Exterior Cladding for the Freeman Justice Center. affita fampo. Sr. Administrative Assistant OffIce of County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-205 Key West, Fl 33040 Office 305-292-4441 Fax 305-292-4544 Cal!JQQ::~QIg@mOnrQ~gJJJJ)!Y::ft,9Q'L Help us Help You! Please take a moment to complete our Customer Satisfaction Survey: !:lttQJ/mQl]lQecofl.virt~LClItQwn_h~lLn.!3t/Pq~slfvtoJ]foej;o~1.,._vY~-'?~o_<;::_siy~~ Your feedback is important to us! Please note: Rorida has a very broad public records law. Most written communications to or from the County regarding County business are public record available to the public and media upon request. Your email may be subject to public disclosure. 11128/2007 MONROE COUNIY / ENGINEERING /FACllJTIES DEVELOPMENf CONfRACf CHANGE ORDER PROJECT TITLE: Big Pine Key Partt MM 31 and the intersection of Sands Road and Atlantis Drive Big Pine Key, Florida CHANGE ORDER NO: 4 INITIATION DATE: November 13, 2007 CONTRACT DATE: February 21, 2007 TO CONTRACTOR: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) .......,................................ $4,528,000.00 Net change by previously authof1zed Change Orders ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..,... $6,107.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ... ... ... $4,534,107.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Ortfer ......... ... ...... $2,315.25 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $4,536,422.25 The Contract Time will be (increased) (decreased) (unchanoed) by .............................. N/A The date of Substantial Completion as of the date of this Change Order is .................... July 1, 2008 Detailed description of change order and justification: Abandon two existina injection wells oer South Florida Water Manaaement reauirements. This Chanae Order Is (.05%' of the oriainal contract amount Not valid until sianed bv Owner. and Contractor ARCHITECT: Date CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not included in the original contract specifications. Yes f2] No 0 If Yes, explanation: The abandonment of the Injection wells are required by the South Florida Water Management District . · Change Order was included in the original specifications. Yes 0 No f2] If Yes, explanation of increase in price: · Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No f2] If Yes, explanation as to why it is not subject for a calling for bids: · Project architect approves the change order. Yes 0 No I2J If no, explanation of why: We do not have an architect for this part of the project · Change Order is correcting an error or omission in design document. Yes ONo [8J Should a claim under the applicable professional liability policy be made? Yes 0 No [8J Explain: Pedro Falcon Electrical Contractors, Inc. Jl160 AVeJIu~ C, Bil PiIt~ Key, FL JJfUJ-4516-(J05)m-l1<<J-FDX (J05)872-2119 11U7 SW IJlst.Al1elUU, Mimrti, FL JJJ86-(305)97J-2(J1I-Fu (305)971-1013 EC (J(J(J1491/ CGCA4J234 Request for Change Order 13 November 2007 Projeet: Big Pine Key Park Redevelopment Change Order Request No: Six Description: Abandon two existing iniection wells per direction ~ve,o by Jerry Barnett: Additio.s: FlQrida Keys Well Drilling.. LLC: I) Abandon two injection wells per South Florida Water management requirements........................... ..............................................$ 1,800.00 ~edro Falcon Electrical Contractors. Inc.; I ) Field Coordination 3 Hours@ $100.00 per hour......... ...... ........ ....... ......................... $300.00 ToW or Additions:....,..................... _ . .. .. . . . . . . II .. .. . II . . .. . . ... , ..... .. .. . . . .. .. . ..... . ...,,$2,1 OOjt,OO General Contractor Overhead...... ........ ................ .............. .................. ..............$1 05.00 Subtotal... ................ ....... ... .... " .. -. _.. __.... .... ........ ..... .. ..... ......... .$2,205.00 General Cont:ractor Profit. . . . . . . . ..... ....... ......... ......... ............. ....... .............. ... ...... $ J 10.25 Total {including OH&P).............. .... .................. ............. ............ ...$2,315.25 IIItllutrllll · C".memlll .llUtItutI""., .lJtUlq Net AmoUDt of Request for Cbauge Order:......_.......................................S2,31S.25 Additional time Requested for Change:.............................................O Days Respectfully Submitted, ~ Ken Bygler Project Manager 11 :' 1.:1':1/ ;))ft7 1 .&: 06 . 3e5-2SS-3C'3.. BAT O:J/Srp\"'lo:TIOt.J n~ P 4::iE '311 tH ElorjdaKeys WellDrilJing,. LLC 121 ts Htghwll}" Oll~_ Sf~. ) 06 Key \\'e~'t. FL 330~O I'H: 30S.292-1R'"'0 fX 305-296-9094 :"Jovember 8. 2007 Mr. K~!l Bygler Pedro Fak(ln Elecmcat Contractors, inc. .; 1 160 A venue C Big Pine Key, FL 33040 Dear .\-tr. Bygler: We propose to abandon two i~jection wells at the Big Pine Key Park per S.;Julh Florida Water "'anagement requirements as follo~'S: Provide labor, material equipment and to abandon 2 injection wells r. S $1,800 ~OTE: fndudes permit! and wel! complctkm :ep.ons. Please advise if there are any questions. Sincerely, ~~k~ Russell S:ck.:e Lice;lS(':';(1 I! 294 vmh cc: PropoSllIs 2007 PEDRO FALCON ELECTRICAL CONTRACTORS, INC. 31160 AVENUE C BIG PINE KEY, FLORIDA 33043-4516 PH: (305) 872-2200 FAX: (305) 872-2219 [l~~[fl @[f lJ'[fW.\[M~~ilTI A\[l DATE RE: TO: Monroe County Facilities Development 1100 Simonton St., Rm 2-216 Key West, Florida 33040 :\IIJ1/ > "I.. V WE ARE SENDING YOU I xxx IAttached DUnder separate cover via the following items: o Shop Drawings o Copy of letter o Prints DPlans DSamples o Specifications I xxxi Change Order DSubmittal COPIES DATE NO. DESCRIPTION 1 23-0ct-07 PFEC Signed Change Order #4 THESE ARE TRANSMITTED as checked below: I xxxi For approval o For your use DAs requested DFor review and comment DApproved as submitted 0 Resubmit _ copies for approval DApproved as noted 0 Submit _ copies for distribution DRetumed for corrections 0 Return _corrected prints D DFOR BIDS DUE ~EMARKS: DPRINTS RETURNED AFTER LOAN TO US OPY TO: SIGNED: Ken Bygler, r ect Manager If enclosures are not as noted, kindly notify us at once. MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: November 27, 2007 RE: Change Orders Attached is a proposed change order for Pedro Falcon Electrical Contractors, Inc. for Big Pine Key Park {Change Order #4 is to abandon two existing injection wells per South Florida Water Management requirements. According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Wednesday, November 28, 2007. G~cbz,~K Debbie Frederick Deputy County Administrator DLF: ade Page 1 ot 1 Campo-Abra From: Campo-Abra Sent: Tuesday, November 27,20078:49 AM To: County Commissioners and Aides Subject: Change Order Attachments: Change Order #4.pdf Attached for your review: *Change Order #4/Pedro Falcon Electrical Contractors, Inc. for the Big Pine Key Park ClD.rta eantpo- Sr. Administrative Assistant OffIce of County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-205 Key West, A.. 33040 Office 305-292-4441 Fax 305-292-4544 ~.1l.mQQ::i!l;lra@mQDroe~ounty-fl,gQ'{ Help us Help You! Please take a moment to complete our Customer Satisfaction Survey: I]tlQ://moJ]rol?c:ofl.YlrtuaJ!QY!nha1Lne!LE'M~s/M9-DLQeCQEI.,_WeQQ~cs/g_ss Your feedback is important to us! Please note: Rorida has a very broad public records law. Most written communications to or from the County regarding County business are public record available to the public and media upon request. Your email may be subject to public disclosure. 1/27/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19. 2007 Division: Engineering Bulk Item: Yes -X. No Department: Facilities Development Staff Contact PersonlPhone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Pedro Falcon Electrical Contractors Inc. for the construction of the Big Pine Key Fire Station. ITEM BACKGROUND: On October 3, 2007, bids were opened for the Big Pine Key Fire Station with seven bidders responding. Pedro Falcon Electrical Contractors Inc. was the lowest responsive bidder. See bid tabulation sheet. PREVIOUS RELEVANT BOCC ACTION: N/ A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $3.222.000.00 BUDGETED: Yes -X- No + $25,686.00 Alternate No.1 ifneeded COST TO COUNTY: S3.222.000.00+AltNo.l ifneeded SOURCE OF FUNDS: Fund304&BondFinanc~ REVENUE PRODUCING: Yes No-X. AMOUNTPERMONTH_ Year APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOsmON: AGENDA ITEM # Revised 11106 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer ~ FROM: Ann Riger, Contracts Administrat Facilities Development DATE: December 3,2007 RE: Agenda Item - Big Pine Key Fire Station AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Pedro Falcon Electrical Contractors, Inc. for the construction of the Big Pine Key Fire Station. ITEM BACKGROUND: Seven construction companies submitted proposals on October 3, 2007 at the bid opening for the demolition and the re-building of the Big Pine Key Fire Station. Pedro Falcon Electrical Contractors submitted the lowest responsive bid of $3,222,000.00, with an additional $25, 686.00 if pressure injected grout augers are needed. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. Thank you. lfyou have any questions please call me at ext. 4439. AR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pedro Falcon Electrical Contract #_ Q Effective Date: -11i14/07 /~/;9/o'J Expiration Date: Contract Purpose/Description: For construction of the Big Pine Key Fire Station Contract Manager: Ann Riger 4439 Facilities Devel/Stop #1 (Name) (Ext.) (Department/Stop #) I c~.} I a, lo-:}- I'd )4/0'7 for BOCC meeting on 1-1/14107 Agenda Deadline: 10/Jo,r.e-7 CONTRACT COSTS Total Dollar Value of Contract: $ $3,222,000 Budgeted? Y es~ No D Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion: $ 2,250,000 26000-560620-CP0606-530340- _ Bond Financing-_-_-_-_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes 10 f// Date Ip Needed _ / ' Re e Division Director f ~I YesD NoB"':. G Risk Managt\ment ~l~ul YesD N00'~ . ~ PJu... @ ~iX<i) -r: '" ~ _ /' O.M.B./Purcha~mg ID~Z."l.()7 YesD NoD ~ )?/~ County Attorney 'Of131a1 YesO NOr;;:1(2;,Jv.4J' ?~ (LJ Comments: Date Out f 2- -].-/Y) < '\ -dkr67 , , OMB Form Revised 2/27/01 MCP #2 ... u. -- > w ~ w Z .... A. ~ .... ID -- -- 2: C A. D: o ~ t- 0 W Z ..... W M =>> ~ ~ g ~ ...... D: CCWt-O W A.UWO W W~WN C Cu.%: --> Wo(/)...... W U~ZO ~ ZZOO -- CC .... .... N M Z (/) t- -- .... .... CC CC M . u. %: ... a.. 0 CU=>>,8 Z ZD:ID 0 Z CC =>> CC ol?i 0 A. t- u .... t- 0 t- W .. CC ~ W t- C t- (/) =>> CC W ID C D: Z .... 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I\) t: I\) Q.. o .." co BIG PINE KEY FIRE STATION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STlPULA TED SUM @ IJ/,VC.f{{;.ftJ)), D~,."b(..R made as of the fOblRecFlth day of No\fgR=lDCf in the year of two thousand and seven (In Words, indicate day, month and year.) AGREEMENT BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 and the Contractor: (Name and address) Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 For the following Project: Big Pine Key Fire Station No. 13 The Scope of Work consists of the construction of a new Fire Station Facility located on Key Deer Boulevard, Big Pine Key, Florida and related construction as shown on the Drawings and included in the Technical Specifications. Facilities Development Director of Facilities Development Monroe County Facilities Development 1100 Simonton Street Second Floor - Room 2-216 Key West, Florida 33040 The Architect is: William P. Horn Architect, P.A. 915 Eaton Street Key West, Florida License No. AA 0003040 The Owner and Contractor agree as set forth below. 1 0/ 18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-1 BIG PINE KEY FIRE STATION ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda, Bid Proposal issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Project Manual for this project, Section 00300. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Director of Facilities Development, in writing not less than five days before commencing the Work. The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred ninety five (395) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Facilities Development's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. CONTRACT AMOUNT Under $50,000.00 $50,000.00-99,999.00 $100,000.00-499,999.00 FIRST 15 DAYS $50.00/Day 100.00/Day 200.00/Day SECOND 15 DAYS $100.00/Day 200.00/Day 500.00/Day 31ST DAY & THEREAFTER $250.00/Day l50.00/Day 2,000.00/Day 1 0/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-2 BIG PINE KEY FIRE STATION $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Million Two Hundred Twenty Two Thousand and 00/100 Dollars ($3,222,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 Alternate One from Bid Proposal for Pressure Injected Grout Augers: If in fact and at the sole discretion of the Director of Facilities Development Alternate One as described in the Contract Documents is accepted by the Owner the Contract Sum shall be increased by the sum of Twenty Five Thousand Six Hundred Eighty Six and 00/100 Dollars ($25,686.00). 4.3 Unit prices, if any, are as follows: None ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Facilities Development, and upon approval for payment issued by the Director of Facilities Development and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Facilities Development or Architect may require. This schedule, unless objected to by the Director of Facilities Development or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 10/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-3 BIG PINE KEY FIRE ST AnON 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. No item in the Schedule of Values shall exceed $25,000.00 without prior approval from Monroe County Facilities Development. For items greater than $25,000.00, the amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the Change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Facilities Development. For items less than $25,000.00, the amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be pursuant to negotiation as outlined in General Conditions, Section 00750, Article 7.2. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Facilities Development or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage will be withheld in accordance with section 218.735 (8), Florida Statutes 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally, but at no time shall retainage be reduced below five percent (5%), at the discretion of and upon the approval of the Director of Facilities Development. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Facilities Development and Architect. Such I 0/ I 8/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-4 BIG PINE KEY FIRE STATION final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment,: ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act. 7.3 Temporary facilities and services shall be as specified in Section 01500 and 01510 of the Project Manual dated August 2007. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. 10/1812007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-5 BIG PINE KEY FIRE STATION c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a 10/1 8/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-6 BIG PINE KEY FIRE STATION determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this I 0/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500- 7 BIG PINE KEY FIRE STATION Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken 10/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-8 BIG PINE KEY FIRE STATION together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. v) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: Sections 00030 00100 00110 00163 11220 002300030000350004000050000501 007500097000980009900101001015 01020010270104001045010500120001301 0131001370013850139501400 0141001421 01500015100152001550015600159001595016000163001631 016400165001670017000171001720017300174002221 022220223002240 02300 02361 02466 02575 02640 02675 02724 02810 02900 02930 03300 03301 0341004810051200531005521 06100061600620006402071150718007210 0741207511 076100762007841 0792008111 08211 08311 08411 0852008710 0880009111 092200925009310095120965309911 0991209331 1020010265 1035010431 105051052010801 1310013851 1391514240150501505515060 15071 15075150801511015122151401514515150 151551518315211 15251 15410 15415 15485 15738 15815 15816 15820 15838 15855 15861 15940 15950 1605016060160721607516120161301614016231 16289164101641516422 16443 16491 16511 16521, Bid Proposal, Drawings, Specifications, and any Alternates accepted by the Owner 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Auaust 2007. 9.1.4 The Specifications are those contained in the Project Manual dated Auaust 2007. As listed in Table of Contents, Section 00001 of the Project Manual for this project. 10/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-9 BIG PINE KEY FIRE STATION 9.1.5 The Drawings issued by the Architect for the construction of the Bia Pine Kev Fire Station No. 13 Proiect: A-1. A-2. A-3. A-4. A-5. A-6. A-7. A-8. A-9. A-10. A- 11. A-12. A-13. A-13.1. A-14. A-15. A-16. A-17. A-18. C-1. C-2. C-3. 0-1. 0-2. 0- 3. 0-4. 0-5. 0-6. 0-7. G-1. L-1. L-2. S-1. S-2. S-3. S-4. S-5. S-6. S-7. S-8. S-9. S-10. S-11. S-12. E-1. E-2. E-3. E-4. E-5. E-6. E-7. M-1.M-2. M-3. M-4. P-1. P-2. P-3. P-4. P-5. SU-1 9.1.6 The Addenda, if any, are as follows: Number 1 2 3 4 Date 8/13/07 9/4/07 9/17/07 9/19/07 Pages 1 3 45 1 9.1.7 The Alternates, if any, are as follows: Alternate One END ALTERNATES 9.1.8 Other documents, if any, forming part of the Contract Documents are as follows: None or Clarification Statement This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to Facilities Development and Architect for use in the administration of the Contract, and the remainder to the Owner. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor/Chairman Date 1 0/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-10 BIG PINE KEY FIRE STATION (SEAL) CONTRACTOR Attest: ~~ By: ~r- , /" Print Name: ~KIA.€-.u. ~"'-'T/f,..1L (j Title: to ,.4.. tIf~tf. Date: By: Print Name: ~t; A .Acit..s 0'1" Title: -S~. ?~_~ Date: I b /2..?' /r? 7 STATE OF FLORIDA LJ COUNTY OF fY) D n YO c.- On this~day of () e~. 2002., before me, the undersigned notary public, Personally appeared _,. J~fJ/j n -af1b64'n, known to me to be the Person whose name is subscribed above or who produced A),q. As identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the construction of the Big Pine Key Fire Station No. 13 for oses therei ont ed. MONROE COUNTY ATTORNEY PROVED AS TO F M: Print Name My commission_exolr.9a:1('.~'l'ATE OF FLORIDA NOTA}{ll'liIJW A. Smrgeuu .........,.", La~a. 708166 [W ~ Coffi;IIllSslOn # DD09 2011 ~~; lres' OCT. , ~",,,......, ExPA~IC BONDING CO., INe. BONDED TllRU Seal END OF SECTION 00500 10/18/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-11 Big Pine Key Fire Station General Conditions of the Contract for Construction Where Facilities Development is Not a Constructor Table of Articles 1. General Provisions 8. Time 2. Owner 9. Payments and Completion 3. Contractor 10. Protection of Persons and Property 4. Administration of the Contract 11. Insurance and Bonds 5. Subcontractors 12. Uncovering and Correction of Work 6. Construction by Owner or By Other 13. Miscellaneous Provisions Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 10/18/2007 General Conditions of the Contract for Construction 00750-1 Big Pine Key Fire Station 1 .1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Owners bid documents, Contractor's payment and performance bond, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Contractor's bid and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between Facilities Development and Contractor, (3) between the Architect and Facilities Development, (4) between the Owner and a Subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of Facilities Development and Architect. 1.1.3 The Work: The term 'Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by Facilities Development. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 Execution, Correlation and Intent 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.3 The intent of the Contract Document is to include all items necessary for the proper execution and completion of the Work by the contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 10/18/2007 General Conditions of the Contract for Construction 00750-2 Big Pine Key Fire Station 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to Facilities Development, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to the Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights 1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, 2 original sealed copies, free of charge, of Drawings and Specifications reasonably necessary for the execution of the Work. Additional copies may be obtained from Facilities Development at a fee of $5.00 per page. 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 Definition 10/18/2007 General Conditions of the Contract for Construction 00750-3 Big Pine Key Fire Station 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through Facilities Development, shall secure and pay for the building permit. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The Owner shall forward all communications to the Contractor through Facilities Development and shall contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for another contractor or subcontractor or Facilities Development's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as 10/18/2007 General Conditions of the Contract for Construction 00750-4 Big Pine Key Fire Station determined by Facilities Development, notice will be given, and contractor is required to rectify deficiency immediately. ARTICLE 3 CONTRACTOR 3.1 Definition 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by Facilities Development, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to Facilities Development and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Facilities Development or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to Facilities Development and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to Facilities Development and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Facilities Development and Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of Facilities Development as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of Facilities Development or Architect in their administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor. 1 0/18/2007 General Conditions of the Contract for Construction 00750-5 Big Pine Key Fire Station 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Contractor shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Contractor will perform the work strictly in accordance with this contract. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by Facilities Development, the Contractor will remove and/or replace the employee at the request of Facilities Development. Employees dismissed from the project will be transported from the job site at the Contractor's expense. 3.4.4 The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Contractor agrees to cooperate with Facilities Development, if required, to . accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Facilities Development and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by Facilities Development or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 10/18/2007 General Conditions of the Contract for Construction 00750-6 Big Pine Key Fire Station 3.7 Permits, Fees and Notices 3.7.1 The Contractor shall secure and pay for all permits. impact fees. governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County buildina permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HV AC, etc. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify Facilities Development, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to Facilities Development, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to Facilities Development and shall not be changed except with the consent of Facilities Development, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. 3.10 Contractor's Construction Schedule 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and Facilities Development's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to Facilities Development's approval. 3.10.2 The Contractor shall cooperate with Facilities Development in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.10.4 The Contractor shall conform to the most recent schedules. 1 0/18/2007 General Conditions of the Contract for Construction 00750-7 Big Pine Key Fire Station 3.10.5 Facilities Development will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to Facilities Development and Architect and shall be delivered to Facilities Development for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Data and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by Facilities Development is subject to the limitations of Subparagraph 4.6.12. 3.12.5 The Contractor shall review, approve and submit to Facilities Development, in accordance with the schedule and sequence approved by Facilities Development, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with Facilities Development in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by Facilities Development and Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by Facilities Development's or Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed Facilities Development and Architect in writing of such deviation at the time of submittal and Facilities Development and Architect have given written approval to the specific deviation. The 10/18/2007 General Conditions of the Contract for Construction 00750-8 Big Pine Key Fire Station Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by Facilities Development's and Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by Facilities Development and Architect on previous submittals. 3.12.10 I nformational submittals upon which Facilities Development and Architect are not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, Facilities Development and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.12 If materials specified in the Contract Documents are not available on the present market, the Contractor may submit data on substitute materials to Facilities Development for approval by the Owner. 3.13 Use of Site 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, Facilities Development before using any portion of the site. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly; He shall also provide protection of existing work as required. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of Facilities Development, Owner and such other contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of Facilities Development shall also be required. The Contractor shall not unreasonably withhold from Facilities Development or any separate contractor his consent to cutting or otherwise altering the Work. 3.14.3 The Contractor shall arrange for any blockouts cutout, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.15 Cleaning Up 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work 10/18/2007 General Conditions of the Contract for Construction 00750..9 Big Pine Key Fire Station the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner or Facilities Development. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Facilities Development may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner, Facilities Development and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Facilities Development and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 Indemnification and Hold Harmless 3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ARTICLE 4 ADMINISTRATION OF THE CONTACT 4.1 Architect 4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. Monroe County Engineering Division is the Architect on this project. 4.2 Facilities Development 4.2.1 Facilities Development is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Facilities Development" means Monroe County Facilities Development or Facilities Development's authorized representative. 10/18/2007 General Conditions of the Contract for Construction 00750-10 Big Pine Key Fire Station 4.3 Duties, responsibilities and limitations of authority of Facilities Development and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Facilities Development, Architect and Contractor. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 Facilities Development and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. Facilities Development and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 Facilities Development and Architect will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 Facilities Development will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and Facilities Development and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, Facilities Development and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 Facilities Development, except to the extent required by Architect, will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither Facilities Development nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the 10/18/2007 General Conditions of the Contract for Construction 00750-11 Big Pine Key Fire Station Owner and Contractor shall communicate through Facilities Development, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through Facilities Development and shall be contemporaneously provided to the Architect. 4.6.8 The Architect will review and certify all Applications for Payment by the Contractor, including final payment. Facilities Development will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractor into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, will be processed by Facilities Development. 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, Facilities Development will certify the amounts due the Contractors and will issue a Project Certificate for Payment. 4.6.10 The Architect will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying Facilities Development. Subject to review by the Architect, Facilities Development will have the authority to reject Work which does not conform to the Contract Documents. Whenever Facilities Development considers it necessary or advisable for implementation of the intent of the Contract Documents, Facilities Development will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of Facilities Development will be subject to the provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor Facilities Development's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Facilities Development to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 The Architect will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to Facilities Development those recommended for approval. The Architect's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors or the Owner. 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or Facilities Development, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the 10/18/2007 General Conditions of the Contract for Construction 00750-12 Big Pine Key Fire Station Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 Facilities Development will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with Facilities Development, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.4. 4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Architect will forward to Facilities Development a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.18 The Architect will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of Facilities Development, Owner or Contractor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Contractor, Facilities Development and Architect shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first 10/18/2007 General Conditions of the Contract for Construction 00750-13 Big Pine Key Fire Station recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. This notice is not a condition precedent to any other legal action or suit. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) Not Applicable (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.7.8 Claims for Additional Time. 4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost 10/18/2007 General Conditions of the Contract for Construction 00750-14 Big Pine Key Fire Station or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. ARTICLE 5 SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Facilities Development for review by the Owner, Facilities Development and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Facilities Development will promptly reply to the Contractor in writing stating whether or not the Owner, Facilities Development or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of Facilities Development to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Facilities Development or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Owner, Facilities Development, or Architect has made reasonable objection. 5.2.3 If the Owner or Facilities Development refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner, Facilities Development or Architect makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner, Facilities Development and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Facilities Development and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Contractor shall require each 10/18/2007 General Conditions of the Contract for Construction 00750-15 Big Pine Key Fire Station Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. i. If the work has been suspended for more then 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by Facilities Development. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Facilities Development, the Owner shall provide for coordination of such forces with the Work of the Contractor who shall cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of other contractors on the site. The Owner and Facilities Development shall be held harmless forany and all costs associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Contractor shall afford the Owner's own forces, Facilities Development and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to Facilities Development and Architect apparent discrepancies or defects in such other construction that would render it 10/18/2007 General Conditions of the Contract for Construction 00750-16 Big Pine Key Fire Station unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed or partial completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify Facilities Development in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Facilities Development within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. .2 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Facilities Development for an increase in the Contract price, nor a claim against the Owner or Facilities Development for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as Facilities Development, in consultation with the Architect, determines to be just. ARTICLE 7 CHANGES IN THE WORK 7.1 Changes 10/18/2007 General Conditions of the Contract for Construction 00750-17 Big Pine Key Fire Station 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Facilities Development, Architect and Contractor; a Construction Change Directive require agreement by the Owner, Facilities Development and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A change Order is a written instrument prepared by Facilities Development and signed by the Owner, Facilities Development, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Facilities Development is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and Facilities Development. The daily force account forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the designated Facilities Development's representative no later than the close of business on the 10/18/2007 General Conditions of the Contract for Construction 00750-18 Big Pine Key Fire Station day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to Facilities Development with all supporting documentation required by Facilities Development for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by Facilities Development. The amount of credit to be allowed by the Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by Facilities Development. When both additions and credits covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be net cost as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 if the Contractor performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); .2 if the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); 3. if the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. 7.2.5 The Contractor shall furnish to the Owner through Facilities Development, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by Facilities Development such as certified quotations or invoices shall be provided by the Contractor to Facilities Development at no additional cost to the Owner. 7.2.6 If the Contractor claims that any instructions given to him by Facilities Development, by drawings or otherwise, involve extra Work not covered by the Contract, he shall give Facilities Development written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. .1 The written notice to Facilities Development for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. 10/18/2007 General Conditions of the Contract for Construction 00750-19 Big Pine Key Fire Station .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor. 7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.4 Authority 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through Facilities Development and shall be binding on the Owner and Contractor. The Contractor shall carry out such written order promptly. ARTICLE 8 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1 .3 The date of Substantial Completion is the date certified by Facilities Development in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner/Facilities Development shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor and Architect. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 10/18/2007 General Conditions of the Contract for Construction 00750-20 Big Pine Key Fire Station 8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Facilities Development, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, Facilities Development, or by any other cause which Facilities Development determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as Facilities Development may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to Facilities Development not more than seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through Facilities Development, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Facilities Development and Architect may require. This schedule, unless objected to by Facilities Development or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner, Facilities Development or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 10/18/2007 General Conditions of the Contract for Construction 00750-21 Big Pine Key Fire Station .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 The Architect will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the Architect's receipt of the Project Application for Payment, Facilities Development and Architect will either approve the Application for Payment, with a copy to the Contractor, for such amount as Facilities Development and Architect determine is properly due, or notify the Contractor in writing of Facilities Development's and Architect's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made separately by Facilities Development and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the best of Facilities Development's and Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by Facilities Development or Architect. The issuance of a separate Approval for Payment will further constitute a representation that the Contractor is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a 10/18/2007 General Conditions of the Contract for Construction 00750-22 Big Pine Key Fire Station representation that Facilities Development or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 Facilities DevelopmenVArchitect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Contractor and Facilities Development cannot agree on a revised amount, Facilities Development shall process the Application for the amount it deems appropriate. Facilities Development may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to Facilities Development, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Contractor until certificates of insurance or other evidence of compliance by the Contractor, with all the requirements of Article 11, have been filed with the Owner and Facilities Development. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After Facilities Development and Architect have issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify Facilities Development and Architect. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by Facilities Development to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually 10/18/2007 General Conditions of the Contract for Construction 00750-23 Big Pine Key Fire Station retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 Facilities Development will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Facilities Development and Architect on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner, Facilities Development nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Contractor from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or Facilities Development to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable reason for delay, the Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and Sub-subcontractors in a similar manner. 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Facilities Development shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, Facilities Development, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by Facilities Development, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, 10/18/2007 General Conditions of the Contract for Construction 00750-24 Big Pine Key Fire Station Facilities Development will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by Facilities Development, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Facilities Development shall jointly prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of Facilities Development. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Facilities Development and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Contractor shall forward to Facilities Development a written notice that the Work is ready for final inspection and acceptance and shall also forward to Facilities Development a final Contractor's Application for Payment. Upon receipt, Facilities Development will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of Facilities Development, finds the Work acceptable under the Contract Documents and the Contract fully performed, Facilities Development and Architect will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Facilities Development's and Architect's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 10/18/2007 General Conditions of the Contract for Construction 00750-25 Big Pine Key Fire Station 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through Facilities Development (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. 9.10.3 Not Used. 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect, Facilities Development that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to Facilities Development for review and coordination with the safety programs of other Contractors. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Facilities Development and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the 10/18/2007 General Conditions of the Contract for Construction 00750-26 Big Pine Key Fire Station Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to Facilities Development in writing. The Owner, Contractor and Facilities Development shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Facilities Development the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Facilities Development will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor or Facilities Development has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Facilities Development have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of property qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Constructions Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the 10/18/2007 General Conditions of the Contract for Construction 00750-27 Big Pine Key Fire Station fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Facilities Development and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00110 Proposal Form which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of Work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County in care of Facilities Development, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A certified copy of the actual insurance policy 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 10/18/2007 General Conditions of the Contract for Construction 00750-28 Big Pine Key Fire Station 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed bylaw. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance 11.2.1 Builder's Risk Insurance is to be provided by the Contractor. 11.3 Public Construction Bond 11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to Facilities Development's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either Facilities Development or Architect, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which Facilities Development or Architect has not specifically requested to observe prior to its being covered, Facilities Development or Architect may request to see such Work and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Contractor shall promptly correct Work rejected by Facilities Development or Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. 10/18/2007 General Conditions of the Contract for Construction 00750-29 Big Pine Key Fire Station The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for Facilities Development's and Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through Facilities Development, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for Facilities Development's and Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 10/18/2007 General Conditions of the Contract for Construction 00750-30 Big Pine Key Fire Station ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or Facilities Development (as the case may be) and the Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Facilities Development. 13.3 Written Notice 13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: For Owner: Director of Facilities Development 1100 Simonton St.. Room 2-216 Key West. Florida 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 33040 County Administrator 1100 Simonton St. Key West Florida 33040 13.4.2 No action or failure to act by the Owner, Facilities Development, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having 1 0/18/2007 General Conditions of the Contract for Construction 00750-31 Big Pine Key Fire Station jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give Facilities Development and Architect timely notice of when and where tests and inspections are to be made so Facilities Development and Architect may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If Facilities Development, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, Facilities Development and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to Facilities Development and Architect of when and where tests and inspections are to be made so Facilities Development and Architect may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for Facilities Development's and Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to Facilities Development for transmittal to the Architect. 13.5.5 If Facilities Development or Architect is to observe tests, inspections or approvals required by the Contract Documents, Facilities Development or Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 10/18/2007 General Conditions of the Contract for Construction 00750-32 Big Pine Key Fire Station .or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with Facilities Development, and upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Ternination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination the Owner shall pay for work completed to date of Termination. END OF SECTION 00750 10/18/2007 General Conditions of the Contract for Construction 00750-33 Big Pine Key Fire Station 10/18/2007 General Conditions of the Contract for Construction 00750-34 ~(Q)~1L ?:~ La.. ::>0 o ,~~ u .'i: 'J,.J lJ.J (" 0 :: 'B ~2 ~5 The Bid Proposal shall be submitted on the forms included in this section of the Bid~ Documents as previously instructed herein. u... BIG PINE KEY FIRE STATION SECTION 00110 Item Description Pages '",- J :=- " ~!t'\ 1 V> a ~~ t.1.J :..> -'w UJu 2LlI i..": c": BID PROPOSAL 1. Proposal Form 2-5 2. Bid Bond 6 3. Non-Collusion Affidavit 7 4. Lobbying and Conflict of Interest Clause 8 5. Drug-Free Workplace Form 9 6. Insurance Agent and Bidder's Statements 10 7. Contractor License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 8. Supplementary Bid Form For Unit Prices 9. In order to determine if the persons or entity submitting bids are responsible, all bids for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Pedro Falcon, as President (State of Florida, Division of Corporations, attached) B. A list of the officers and directors of the entity; Pedro Falcon, as President and Christian Brisson, as Vice President C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the bid specifications (include a list of similar projects); Inc. May 1985, GC as of 1998 Similar project list attached D. The number of years the person or entity has operated under its present name and any prior names; 22 years, no prior names or changes E. Answers to the following questions regarding claims and suits: 8/7/2007 a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details) No PROPOSAL FORM 00110-1 BIG PINE KEY FIRE STATION b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person or entity, or its officers or general partners? (If yes, provide details.) No c. Has the person or entity, within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? (If yes, provide details.) NO d. Has the person or entity ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? (If yes, provide details.) No e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; No f. Customer references (minimum of three); NAS, Key West; Monroe County, Heery International g. Credit References (minimum of three); First State Bank; Nielson & Assoc(Travelers); Hanson Engineering h. Financial statements for the prior three years. Last three years attached i. Subcontractor Listing Form. an/2007 PROPOSAL FORM 00110-2 BIG PINE KEY FIRE STATION SECTION 00110 ., ,) .;:> ;&D:~~ .c) (~; "' C) ,- PROPOSAL FORM BID TO: --~: ,-J MONROE COUNTY BOARD OF COUNTY COMMISSIONERS'::': c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 KEY WEST, FLORIDA 33040 BID FROM: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: BIG PINE KEY FIRE STATION, No. 13 , KEY DEER BOULEY ARD, BIG PINE KEY, FLORIDA 33043 and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Bid shall be furnished below in words and numbers. If there is an inconsistency between the two the Bid in words shall control. Three million two hundred twenty two thousand and zero cents (Total Base Bid- words) Dollars. $ **$3,222,000.00** (Total Base Bid - numbers) I acknowledge Alternates as follows: 9/13/2007 PROPOSAL FORM 00110-3 BIG PINE KEY FIRE STATION ADD AL TERNA TE NO.1: Bidders are to provide the costs for pressure injected grout augers. ADD Twenty five thousand six hundred eighty six & 00/100 $25,686.00 Words Numbers I acknowledge receipt of Addenda No.(s) NO.-1-Dated 08/13/2007 NO.-1A....Dated 08/13/2007 NO.-L-Dated 09/04/2007 NO.-LDated 09/17/2007 No.~Dated 09/19/2007 I have included pages 00110 - 3 through ;.,of the Bid Proposal which en~ the Proposal Form-X.., and the required Bid Se<;urity_, the Non-Collusion Affidavit , the Lobbying and Conflict of Jnterest Clause~, the Drug-Free Workplace Form V, the Subcontractor Listing FormJ:::::',and Supplementary Bid Form For Unit Prices (page 00310 - 1 and 2). In addition, I have included a certified copy of Contractor's License, Monroe County Occupational License, Insurance Requirements- Hold Harmless Statement and an Insurance Agent's Statement (pages 00110-10 through 11). (Check mark items above, as a reminder that they are included.} Mailing Address: Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 Phone Number: (305) 872-2200 Date:lO/03/2007 Signed: ~?/~- Christian Brisson (Name) as Vice President Witness: 9/13/2007 PROPOSAL FORM BIG PINE KEY FIRE STATION SECTION 00110 NON-COLLUSION AFFIDAVIT , " ") ~) -- '- /-t ...... ..~ , ) I, Chris tian Brisson of the city Big Pine Key according to law on my oath, and under penalty of pe~ury. depose and say that: STATE OF: COUNTY OF: 1. Vice President lam of the firm of Pedro Falcon Electrical Contractors, rik. the bidder making the Proposal for the project described in the notice for calling for bids for: Big Pine Key Fire Station No. 13, Big Pine Key, FL 33043 and that 1 executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, 3. Unless otherwise required by Jaw, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that ~#~ (Signature of Bidder) 09/26/2007 (Date) FLORIDA MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, Christian Brisson who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 26 day of September , 20~ ~O~r My commission expires: STURGEON MY COMMISSION # DO 243655 EXPIRES: October 9, 2007 t~TARY Fl Nolay DIscooot Assoc. Co. 8/7/2007 00110-6 PROPOSAL FORM BIG PINE KEY FIRE STATION SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA . , "~ ETHICS CLAUSE " Pedro Falcon Electrical Contractors, Inc. (Company) ... warrants that helit has not employed, retained or otherwise had act on hisfrts behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Secti0n..3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". ~-~ Date: September 26, 2007 STATE OF: COUNTY OF: FLORIDA MONROE Subscribed and swom to (or affirmed) before me on September 26, 2007 (date) by Christian Brisson or has produced identification) N/A (name of affiant). He/She is personally known to me as identification. (Type of ~AA~ u0&f~ My commission expires: Ii) LAURA A. STURGEJN MY COMMISSION if DO 243655 EXPIRES: October 9, 2007 1-8QO.3.NOTAAY A. Nouy DiscoI.I1l AIsoc. Co. ~ an/2007 PROPOSAL FORM 00110-7 BIG PINE KEY FIRE STATION DRUG-FREE WORKPLACE FORM ...~ / /"'\ f./~~~..... ) /0 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: : I, Pedro Falcon Electrical Contractors, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requiremenls. d2 .~ qhristian Brisson Bidders Signature as Vice President September 26, 2007 Date 8/7/2007 PROPOSAL FORM 00110-8 C'") .... o z z o i= ~ (/) w c::: u: >- w ~ w z ([ C> III f.O C'") ...Jo C'")...J 0> LLf.O N LL N'V ....0 o. C'").... 0> ~C'") C'") WC'")...JC'") o~ Q)C'") ~o C'") Q)~LLC'") og~ ~...J g20~ ~C'")Q)C'") f.OC'")C'") ?-LL C'")C'")~~0 ?-~E~oogC'")...J 3c ...JC'")~,-g 3LL~Q)0>'VC'")~LL .. 0 0 LL ...J C'") 8!. 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BIG PINE KEY FIRE STATION BIDDER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability Statutory Limits $500,000/500,000/500,000 General Liability, including Premise Operation Blanket Contractual Expanded Definition of Property Damage Products and Completed Operations Personal Injury Underground, Explosion and Collapse (XCU) $5,000,000 Combined Single Limit Vehicle Liability (Owned, nonowned, and hired vehiCles) $500,000 per Person $1,000,000 per Occurance $100,000 Property Damage $1,000,000 combined Single Limit Builders' Risk Contractor to Provide Builders Risk INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damage, and expenses (inClUding attorney's fees, court costs and expenses) which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 8/7/2007 PROPOSAL FORM 00110-10 Ml.Jtt L. V V V V J , ~ I p..lt;: U". ".LORIDA DEPARTMENT OF BU$INE:SS~b PROFESSIONAL REGULATION CQNS'I'RTJC:TIO}{. J;FP2;f3TRYi:L:tCENSING BOARD SEQ#L0606060069 06 06 2006 0570355E4 CGd15b7617 The GENERAL CONTI{ACTO~:' . Named below IS CERTIFIED Under the provisions of Chapter 4e9 FS. Expiration date: AUG 31, 2098 J3RISSOlf, GHIUST~AN NQRm.ND ....... . .. '. PEDRO FALCON ELECTRICAL CONTRACTORS INq.';,( 31160 AVENUE C BIG PINE KEY FL33043. J~B BUSI{'" GOVERNOR . , DISPLAY AS REQUIRED BY LAW SIMONE MARSTILLER SECRETARY ,X/;;'~"0!a;';~ )'iYi, .. :;~i:r("~~i'O~lN"+~b~~qI'~rLq ,......' "c' .. . '1 ~ "';~~ .. '+'c47'USTRIQ.AL . ". 1 Q.'A~ . C"", ". -'," ". .' ~~G PINE KEY FL -{,: ~' -:)~:~.<--i " ~ '. .' g~t.~~*~r:~ " .....,:~ .>/ ; '?~~,~ ~~,>..~' . - . .' -" -, .~ .. 6isPLA~A~~~~~QUIRED'BY LAW SIM:ONE MAR,StILt,ER SECRETARY . AC#g,,~"&~i&4: ". <. . ...... . . <. .' .' STJ\tE~~F'-ORID~ ';y~W';~~,~;~ f~~ !6!~~!~_~~~r~~~~~~~f~~g~~H~~1l~lILAnoN SEQ# LO~1, Ho610~ .' : . L!CENSE'NBR 1244 2:0:0:6. 0.6Q3$'2337 .... E,c13J)034lJ~.', 'l'b.'~..$tEC'l'R:tCAL' CONTRi(q"rQR' ." Named 'below IS CERTIFl'ED '. '. ' ...... .~ Under the provisions of Chapt~r;'4B<~\FS. Expiration date:AUG 31, 2008;;0,," ">,~':~;:',\';>; ~..' :.1)..,<..=.;...'................ (.,! ~~,."".. . '. "'\ "', . A~LS~ROOKi ROJ3:ER'r DAVID PEDRO~1\IiCQRE:LECTRICAL CONTRACTORS INC 31160 AVENUE C BIG PINE KEY FL 33043 JEB. BUSH GOVERNOR SIMONE MARSTILLER ------ - OJ o o I\J I f'..- u Co (\J '" ~-' c; G 0 rl I .-.0 .;., 'J) , ~ '- _. .~, '!...i ,:=--::. - cG . co' :; W 0 0:: Z 0 L ..... Cl' .q r-l (J 0 .:) W U 0 W 0:: Z 0 !- L Z 0 LL U G U U;- w f- ..J Wz w >::r ~o .~ U 't .') ] i ~ ') ~CI ~.'-J .::, o 0 o 0 U1 Ul N I\J rl., cr-;. ><t' rl '=l o '0 frl ,- en q z Co :.::-; mJ ~ ~,' ......J <? :{ =: ;,~ .2: :lJ ';-' ,_ q ij. ',) ,~. OJ o I CO a.. X W l- f./) Cl => Z SCl:<f. _, 0 i~ 0 ..................lj) 0021- >-ZZZ '~ZUJ X>-<(2 ,,:{ I- ...1 I.U }~Zo...tc a5~rS8 (3 j ~ G: .~Fj ,-~ ;-- (,,1 ..-- ~_... ---) Z t./i ;J1 2: ;; t~~~{:} UARISE D. HENRIQUEZ fAX COLLfti'!P '''tt'-'C{';i1'"'' .-.t' {'If'll)' .. tJ~J:;:':; t.. .r~'. 1.J ,-I.:.: 1 . "iMT{ e~~j~ '''JilL>, '::ip:~:r,ji 0:: o I- U <( 0:: f- Z o u iY) -:::r o iT") 'Yj W -i lu ..J L... zo >- OQ:::uw ua .~ -illJW ~CL>w LL 4:Z Z H n,-;"-", 0.... ELC:D (:. -.J ..--, VJ LJJ <r: r-i H llJ...t"CO :'./14/07 Cl' sf45 ~ ilR-r-t ..,,, '}~J I - ~J .vQJr-f / ...J~ ...JO or') U(') X-1 <CLL l- I- If) NlJJ W3 :J Or HIJj O:::L '7" ~ W . I(i' t.J u..... LUX ,,00 HC(J Z 4:0 00.. ,.. ('oj 0 M r-i 0 , I 0 ,!J M M 0 co CJ' 0 0 0 0 ~ M 0 M W 0 D 0 0:: 0 Z 0 C L 0 0 IJ) N co 0 Ci 0 IJ 0 (\J 0 ! 0 f'..- 0 0 0 0 [.J 0 0 0 0 0 0 0 0 0 14 '-1 Lii ~ OJ LD 0 -.0 0 ...0 C\J 0 (J I 0 0 cY) ~ rl 0 l- cY) 0.. W If) r .. ~ '.'-, ~ eJ o o If) I\J o o ,..... tf) Q ;:) Z S:11:<t: ::)O/:}' -.......'-U) OOZ~_ ::>-2:22 . <(..,.lU '::< >- ,:'r z "..-; L_ ...J UJ '-, :z CL n: <J: ? >_ 3 ,n, ,'" ~1 C) ~~<~ Ci; ~i;~i L: ;:,:~t ;~ LI1 (\j '.1 ,-1" ~:~. -~-' OJ 0 DANISE D, HENRI@EZ I OJ L~X COLLECTOR Cl. ' : 916866 ~i>JOl of 0001 lI) x -<.','.PATt 9/14/07 w ..... ~ "'Uf'ar c'\i: 0' 0 '4,. (\j 0 ...... T i1'} l1~H ..... !1.,.: -. ..:cr' . . P:3i,j,,' , H ~""r ...... 1', ~.),VUJ I lI) 0 W..-. -.;t LI1 -.J~ lI) ..-. ..JO ...0 t6 DIY) ...0 UIY) a (.J 0 X..J a <ClL. -.;t f- rl f- f- a z ({j M -1 0 NW a <;{ u (f) W3 0 0:: '<:t ::J a w -.J G 0>- a Z 4: -i IYJ HW W W (_1 ~ (1) cr:::::: a l!i 0 H :J Z 0 n: 0::: G lIJ . lI) en z n:: IO' N 0::: 0 U WZ \-J a 0 L lU Z<( .,...., a f- ..J 31-< ..J c..... a u l.L W Of- LL a <C u in LLlX 0 cr: z 0..., >- U; I.:J a l- t__i)- 0 cr:cr:uw .......JJ Z l- ( ~ OI x: lX' Z 0 0 WZ -i :.u L' ~ if; -<i.'= 0 U >::J <.{ Q >w I)' Gu. 0 <!:O LL 2<1:Z ('1"; 0 'J G ze. N i'-. 0 'i :-' '-, :):;"J.:] c.. l"r" 0 ,....., ..D : (}:: '-.ji;'"' ,~G a c .-I CJ'-_ -1:-~~;~ 0 ......J _...' , ~JZ~Lz::r-Jo-..; - a -. if',.:, w...~~C.:,'.r-'~'w <{ a BiG PINE KEY FIRE STATION 8!DDER'S .8ft TEMeNT i understand the insurance that will be mandatory if awarded the cOlitr~ and wilicomply in full with all the requirements. Pedro Falcon Electrical Contract~?~ Inc. B!dder ~~ ;Ul1;7 V I~", \ Signature Christian Brisson, as Vice President INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the bidder named above. The following deduclibles apply to the corresponding policy, POLICY G QvtQ..tAC. [lAb! /'{y l~i('~(Y?(IA - . DEDUCTI BLES 2/ 500 ~O.:;(-DOO o s(~~___._ -~-- L. iability policies are l./Occurrence ~._ .'_.. _~. . _....'_.' _:....M~d.~......,_......... -? ~ ~ ............... ~ ::pvt'-<cJl ~uc.\:..,\~ CV.Qe .." ,-..' ,'. ~ Insurance Agency Sf n r END SECTION 00110 i31i!20m PHGr-'C).'3i\L FOml1 00'I'10-1'l BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Engineering Bulk Item: Yes --.X.- No Department: Engineering Staff Contact /Phone #: Dave Koppel X4427 AGENDA ITEM WORDING: Approval to execute the Local Governmental Agreement between South Florida Water Management District (SFWMD) and Monroe County to provide $500,000 funding for stormwater management projects. ITEM BACKGROUND: Monroe County's Stormwater Management Master Plan (SMMP) provides specific recommendations for a number of stormwater projects, and outlines general recommendations relating to County rights-of-way. As a result, the Board of County Commissioners passed Resolution No. 501-2001, which requires all future work on County rights-of-way to include stormwater improvements where practical and feasible. In addition, Monroe County has adopted a stormwater ordinance for the purpose of regulating water quality and water quantity for new development. South Florida Water Management District is providing a grant to help fund three stormwater projects. Monroe County will provide matching funds in the amount of $500,000. PREVIOUS RELEVANT BOCC ACTION: none CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: approval as stated above TOTAL COST: $1.000,000 BUDGETED: Yes ----X- No COST TO COUNTY: $500.000 SOURCE OF FUNDS: Fund 304, Fund 102 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Ally l O~ChaSing _ Risk Management ~ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Engineering Division MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, P.E. Division Director, Engineering Date: November 28, 2007 Re: Local Governmental Agreement with South Florida Water Management District The Engineering Division is requesting approval to enter into an agreement with the South Florida Water Management District (SFWMD) for funding three stormwater management project in Monroe County. Part of the grant will be used to construct the stormwater management system at the Big Pine Key Community Park, which consists of swales, exfiltration trenches and/or injection wells. The second project covered by the grant is improvements to the Prado Circle Stormwater management system on Big Coppitt. The improvements consist of installing an elevated standpipe and pumping station that is designed to increase the capacity of the existing drainage well. The third project is identification and evaluation of opportunities to install stormwater management facilities in conjunction with planned sanitary sewer and road improvement projects. The grant will provide 50% of the necessary funds and Monroe County will match the grant. Staff supports approving this agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: SFWMD Contract #_ 4600001136 Effective Date: Expiration Date: Contract Manager: David Koppel (Name) 4427 (Ext. ) for BOCC meeting on December 19, 2007 Agenda Deadline: December 4, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YesD No 0 Account Codes: Grant: $ 500,000 County Match: $ 500,000 Current Year Portion: $ 500,000 - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ----- CONTRACT REVIEW Changes Date In Needed Division Director /[:Z-1-o1) YesD No[kJ/ Risk Managementt(\-:6>ol YesD No[t J:-K1.B.lPurchasing 12. -7::>--6/ YesD No~ ~.~ County Attorney 1/-29-/)1 YesDN00 ~~f2~JbetJ~ 11-30-" Comments:, tfu ~'&r CQQd~ ricGUv tiJ;-bUdg-c&cf, ~ Date Out 1(-2-'61)1 (dr3v) OMB Form Revised 2/27/01 MCP #2 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600001136 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MONROE COUNTY THIS AGREEMENT is entered into as of the Management District (DISTRICT) and Momoe County (COUNTY). by and between the South Florida Water WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to conduct stormwater improvement projects; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its November 15, 2007 meeting, approved entering into this AGREEMENT with the COUNTY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to construct swales, exfiltration trenches and/or injection wells, grading, and landscaping on Big Pine Key; upgrade stormwater system at Prado Circle to include an elevated stand pipe and stormwater pumping station; and identify and evaluate opportunities to improve stormwater management throughout the County. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of One (1) Year. 3. The total DISTRICT contribution shall not exceed the amount of Five Hundred Thousand Dollars and No Cents ($500,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $500,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the Agreement No. 4600001136 - Page 1 of 5 DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of Five Hundred Thousand Dollars and No Cents ($500,000.00) in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMENT unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the umestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT hannless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of Agreement No. 4600001136 - Page 2 of 5 independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project docwnents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine III accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shaH extend the period of maintenance for aH records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as foHows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through: (l) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations Agreement No. 4600001136 - Page 3 of 5 (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non-financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to detennine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida \Vater Management District Monroe County Attn: Cecelia Weaver, Project Manager Telephone No. (305) 853-3219 Attn: Liz Wood, Sewer Program Administrator Telephone No. (305) 292-4525 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682-2532 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Address: 1100 Simonton Street Key West, FL 33040 Invoices shall be sent to the attention of Accounts Payable at the District's address above. 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, COUNTY or circumstance during the tenn hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent pennitted by law. 23. Failures or waivers to insist on strict perfommnce of any covenant, condition, or provIsIon of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in \witing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT WIth each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. 4600001136 - Page 4 of 5 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1-24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Director of Procurement SFWMD PROCU~T ~P~OVED By: ~ .' L'-"'~ Date: \-J ~s\ ~l \ ~ MONROE COUNTY By: Title: Agreement No. 4600001136 - Page 5 of 5 EXHIBIT "A" STATEMENT OF WORK Monroe County Stormwater Improvements Project 1.0 INTRODUCTION Monroe County completed its Stormwater Management Master Plan (SMMP) in the spring of 2001 and the Board of County Commissioners adopted the SMMP in June of that year. The SMMP proYides specific recommendations for a number of projects and other general recommendations as it relates to County road rights-of-way. As a result, the Board of County Commissioners passed Resolution No. 501-2001, requiring that all future work on County rights-of-way include stormwater improvements where practical and feasible. In addition, Monroe County has adopted a stormwater ordinance for the purpose of regulating water quality and water quantity for new deyelopment. This Agreement identifies the locations for three new stormwater management projects for Monroe County: I. the Big Pine Key Community Park on Big Pine Key, II. The Prado Circle Stormwater Improvements Project on Big Coppitt Key and III. Identifying and Evaluating Future Stormwater Improvement Projects. The total not-to-exceed cost to the District for the three projects is $500,000.00 of an estimated overall project cost of $1,000,000.00. 2.0 SCOPE OF WORK I. The County will construct a stormwater management system at the Big Pine Key Community Park on Big Pine Key. The system will include the construction of swales, exfiltration trenches and/or injection wells. II. Monroe County installed two catch basins and one 16-inch gravity well at Prado Circle in 2001. The County will construct upgrades to the existing stormwater management system at Prado Circle. The upgrades will include an elevated stand pipe and stormwater pumping station that is designed to increase the capacity of the existing gravity drainage well. III. This project inyolves identification and evaluation of opportunities to install new or to upgrade existing stormwater management facilities in conjunction with planned sanitary sewer and road way improvement projects. The County will obtain professional engineering services to identify stormwater management improvement opportunities that may be performed in conjunction with planned County projects at various locations in Monroe County. Page 1 of 4, Exhibit "A", Agreement 4600001136 3.0 WORK BREAKDOWN STRUCTURE Task I. BiQ Pine Key Community Park A. Site Improvements 1. In addition to the construction of swales, exfiltration trenches and/or injection wells, grading and landscaping will be performed. The COUNTY or its subcontractors will make site improvements in accordance with standard engineering practices under the direction of the County Engineer. B. Site Inspection 1. At times agreeable to the DISTRICT and the COUNTY (County Engineer), site inspections of the project will be made prior to and at project completion. The purpose of these inspections will be to allow the DISTRICT to verify that the project is proceeding. C. Project Deliverables 1. The COUNTY will provide quarterly updates on project progress. These updates will include any physical reports and invoices provided to the COUNTY by its subcontractors on the project. D. Project Cost 1. The Project cost, upon certification by the County Engineer and DISTRICT that the project is complete according to engineering plans, will be a lump sum amount of $450,000.00 of which the DISTRICT will fund a not-to-exceed amount of $225,000.00 E. Project Revisions 1. Based on constraints that may come up during project completion, revision may be made to the stormwater components. Said revisions must be approved by the DISTRICT and be in general accord with the purpose of the stormwater components of the project, to eliminate a direct stormwater discharge to Outstanding Florida Waters. Task II. Prado Circle, BiQ Coppitt Key A. Stormwater Facility Improvements 1. The proposed improvements to the existing catch basins and gravity drainage well include construction of an elevated stand pipe and pumping station. These improvements will increase the driving head of the stormwater, which will increase the capacity of the drainage well. Page 2 of 4, Exhibit "A". Agreement 4600001136 Construction will be performed in accordance with standard engineering practices under the direction of the County Engineer. B. Site Inspection 1. At times agreeable to the DISTRICT and the COUNTY (County Engineer), site inspections of the project will be made prior to and at project completion. The purpose of these inspections will be to allow the DISTRICT to verify that the project is proceeding. C. Project Deliverables 1. The COUNTY will provide quarterly updates on project progress. These updates will include any physical reports and invoices proYided to the COUNTY by its subcontractors on the project. D. Project Cost 1. The Project cost, upon certification by the County Engineer and DISTRICT that the project is complete according to engineering plans, will be a lump sum amount of $400,000.00 of which the DISTRICT will fund a not-to-exceed amount of $200,000.00 E. Project Revisions 1. Based on constraints that may come up during project completion, revision may be made to the stormwater components. Said revisions must be approved by the DISTRICT and be in general accord with the purpose of the stormwater components of the project, to eliminate a direct stormwater discharge to Outstanding Florida Waters. Task III. New Stormwater ManaQement Systems A. Project Identification and Eyaluation 1. The County's contractor will review planned sanitary sewer projects and road improvement projects to identify and evaluate opportunities to improve stormwater management through out the County. The scope of work will include site visits so that recommendations and associated cost estimates can be provided. 2. Potential improvements may include constructing exfiltration trenches and/or swales, injection wells, and resurfacing asphalt pathways and road surfaces to direct stormwater flow to adjacent trenches/swales. B. Project Deliverables Page 3 of 4, Exhibit "A", Agreement 4600001136 1. The County's contractor will provide reports that will contain project specific stormwater management recommendations and cost estimates. The COUNTY will provide quarterly updates on project progress. These updates will include any physical reports and invoices provided to the COUNTY by its subcontractors on the project. C. Project Cost 1. The Project cost, upon certification by the County Engineer and DISTRICT that the project is complete according to engineering plans, will be a lump sum amount of $150,000.00 of which the DISTRICT will fund a not-to-exceed amount of $75,000.00 D. Project Revisions 1. Based on constraints that may come up during the project, revisions may be made to the scope of services. Any revisions must be approved by the DISTRICT and be in general accord with the purpose of the stormwater components of the project, to eliminate a direct stormwater discharge to Outstanding Florida Waters. 4.0 LOCATIONS OF THE PROJECTS I. The location of the project described in Task I is the end of Sands Road on Big Pine Key. II. The location of the project described in Task II is in Prado Circle on Big Coppitt Key. III. The work described in Task III will be performed at various locations within the County's rights of way. Page 4 of 4. Exhibit "A", Agreement 4600001136 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE If the total consideration for this agreement is subject to multi-year funding allocations, funding for each applicable fiscal year of this agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this agreement to the contrary. Task T ask Description Deliverable Due Date Project Cost SFWMD No. Not-to-Exceed I Bia Pine Kev Park Proaress Reoort 1/1/08 $112.500.00 $56.250.00 Bia Pine Key Park Proaress Reoort 4/1/08 $112.500.00 $56.250.00 Bia Pine Kev Park Proaress Reoort 7/1/08 $112.500.00 $56250.00 Bia Pine Kev Park Proaress Reoort 10/1/08 $112,500.00 $56.250.00 Total $450.000.00 $225.000.00 Task Task Description Deliverable Due Project Cost SFWMD No. Date Not-to- Exceed II Prado Circle Progress 3/1/08 $200,000.00 $100,000.00 Upqrades Report Prado Circle Progress 6/1/08 $200,000.00 $100,000.00 Upqrades Reoort Total $400,000.00 $200,000.00 Task T ask Description Deliverable Due Date Project Cost SFWMD No. Not-to- Exceed I" . 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'-0 M ...... o o o o '-0 "'f" E v S v v 51 <r:: ...... '- o BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Engineering Bulk Item: Yes ---X- No Department: Staff Contact Person/Phone #: Dave Koppel X4427 AGENDA ITEM WORDING: Approval to award bid and enter into contract with Community Asphalt Corp. for road improvements to Key Deer Boulevard, Big Pine Key. ITEM BACKGROUND: j On October 4, 2007 two bids were opened for the Key Deer Boulevard Road Improvement projects. Community Asphalt Corp. bid $1,368,480.25 and General Asphalt Co. bid $1,666,265.93. PREVIOUS RELEVANT BOCC ACTION: The project was approved as part of the County's Seven Year Road Improvement Plan on March 28,2005. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $1.368.480.25 BUDGETED: Yes ~ No COST TO COUNTY: $1.368.480.25 SOURCE OF FUNDS: l02-22506-560630-R04301 REVENUE PRODUCING: Yes No.x. AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management ptt';r DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11106 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Community Asphalt Contract #_ Effective Date: ~flY\~ iC; &6257 Expiration Date: .J Contract Purpose/Description: Contract for Roadway Improvements to Key Deer Boulevard, Big Pine Contract Manager: David S. Koppel,PE 4426 Engineerin.Q: / # 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on December Agenda Deadline: December 4,2007 19,2007 CONTRACT COSTS Total Dollar Value of Contract: $ ~ Current Year Portion: $1,386,480.25 Budgeted? Yes(] No D Account Codes: tk~ - d-d.50J,-, -5110630.ROf!36/ Grant: $ County Match: $ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ----- CONTRACT REVIEW Date In Division Director I~I\ Risk Managerpent. (J-~?'()) p. Lc-~ ~ \t\.~ O.M.B':'/Purchasmg 1'2-4 -07 Changes Needed~ YesDNo~ YesDNo~ YesDNo~ Yes I(] NoD ChV1s-t1r\e,W~_~W'"YOw~ Date Out County Attorney 1 \ /14fD"1 11 I D, Comments: "Pk a"k. Set. ~hul al)(\Luvtltlf- wt-Ht, 0Yl4e.,<: AJO ~1iL5~y'n1 cJl S~rYl"'n-T ~Ck..L~. p~ OMB Form Revised 2/27/01 MCP #2 Engineering Division MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, P.E. Division Director, Engineering Date: November 9, 2007, 2007 Re: Key Deer Roadway Improvement Project The Engineering Division is requesting approval to enter into contract with Community Asphalt Corp. to provide roadway improvements to Key Deer Boulevard, Big Pine. On October 4th 2007 Community Asphalt Corp's bid was the lower of the two bids received. Community Asphalt Corp's bid was $1,368,480.25 and General Asphalt Co, Inc.'s bid was $1,666,265.93. We recommend Community Asphalt Corp. to provide Roadway Improvements to Key Deer Boulevard, Big Pine. Staff supports approval of this contract. 8 I-< o ~ "0 .- CO ;..-. +-> l:::: ;:I o U v o ~ o ~ ~ t3 '\.. "'........ ~]<:s ~~~ $O~ ~~ _u o g ~.:t- ~o...... 'O~~~ ~ ~::s ~~~<.j o>o"".l. ~~t" ~.~~ ) ::':::co .:::: '- s:: .2 ti .9 ~ '" - '- '~ ~ ~ '- " " C<.."'-l0 ~,'\J'J \:: \:J~ ~ ~~ d ~ ~ q ~ ~ ~ ~ B ~ ~ Q ~% ~ a? ~ ~ ~l~ ~ ~ \; F-;:; ~ .~ Q ~,~ ~ ,\:i \) ....)I~ " 0" ~,...." r\ h, d <'\ 5""~~~ ~Il'\ ~ \;l ~ "'. 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':;','SII ~I~ n~ J~ (-s .~,f ~ :::::....; lie ~ ~ 1- ., ~~l~ ~u: z \.... ~ B - ~ - <> ~ .g .s > ~ 1) g is Cl ~ ti OJ ~~::o <t: <= Q 'i( _ !lO 0.0 Q) z[ii[ii~ -~~~~~bbbbb<t:~~<t:~~~~~~<t:~<t:~<t:<t:<t:<t:<t: ~-l-l-l-lU~~~~~~-l-l~-l-l-l-l-l-l~-l~~~z~~~ V) N.. ~ ~ ~ ~ l'I) '-- :5 Cl ~ '0 i:Q u 3 a >Jl Vi '" -... o t> o:l J:;: r~ V " <.:: """' CJ1 ~ .9 t '" 0 '; Q) o " ci: Iii ..:<: - <= ... ':IS tl 0 ~ .5 ~ 1) ~ .... o:.'2::ii '" o 'C '" <> !3 \0 o :.'2: u ::: ~ <> ~ z ~~ ~ 8 o <> ~s O-l If;. _ __ CI gg~gg ~~ ~g~~~ON~~g ~~~~~s~~~~~~~~~~~~~~ N'rJt.r'lNN -- r-.. r- --0 r- a:s . . . ~~Z-NM ~ - Cl <::t ~ a ~ OO~~=NM~~~~~~~N~~~~ 5/14/07 BID PROPOSAL ~_tJlN Z -- <.Cit'~o\ N (""-I N N 00 11 0- 5 a.. a: o () ~ <( :r: a.. (/) <( ~ Z :) :2 ~ o o www.sunOlz.org - uepartment 01 State Page 1 of3 Home Contact Us E-Filing Services Document Searches .;-~ ~>.,.,.,.~ , , ,~ ~"'"."" :~-..Q.. '"'" ' ,~l'~. t:r- '., ~: .~ jl'~:~4 ~~~ ....-.."\:..~~-I FLORIDA DEPAR.TMENT OF STATE D 1\' I S I O:"J 0 reO R PO R:\T 1 0 ~ s ^ .5l1nblz. ------:z----. - Forms Help Previous on List Next on List Return To List E:Yent~ No Name History [ Entity Name Search Detail by Entity Name Florida Profit Corporation COMMUNITY ASPHALT CORP. Filing Information Document Number 688538 FEI Number 592023298 Date Filed 09/22/1980 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 07/25/2006 Event Effective Date NONE Principal Address 14005 NW 186 ST MIAMI FL 33018-6451 US Changed 07/25/2006 Mailing Address 14005 NW 186 ST MIAMI FL 33018-6451 US Changed 07/25/2006 Registered Agent Name & Address CORPORATE CREATIONS NETWORK INC. 11380 PROSPERITY FARMS RD #221E PALM BEACH GARDESN FL 33410 US Name Changed: 12/14/2006 Address Changed: 12/14/2006 Officer/Director Detail Name & Address Title AS BEETLE. BRIAN 14005 NW 186 ST HIALEAH FL 33018 US Title V GARFFER. MICHAEL 14005 NW 186 ST HIALEAH FL 33018 http://www.sunbiz.ofgiscripts/cordet.exe?action=D ETFIL&in<L doc _ number=688538&inq... 11/9/2007 WWW.SUIlOlZ.org - uepamnem ot State Page 2 of3 Title AS BECKER, REID 14005 NW 186 ST HIALEAH FL 33018 US Title V HALLEY, IGNACIO 14005 NW 186 ST HIALEAH FL 33018 Title ST RlOS, GEORGE E 14005 NW 186 ST HIALEAH FL 33018 Title PD FERNANDEZ, JOSE L 14005 NW 186 ST HIALEAH FL 33018 Annual Reports Report Year Filed Date 2005 01/12/2005 2006 04/26/2006 2007 04/25/2007 Document Images 04/25/2007 -- ANNUAL REPORT 12/14/2006 --Reg.AgentChang~ 10105/2006 -- Reg. Agent Change 07/25/2006 -- AmencJed and Restated Articles 04/26/2006 -- ANNUAL REPORT 12/02/2005 -- Amendment 01/19/2005 -- Amendment 01/12/2005 -- ANNUAL REPORT 04/12/2004 -- ANNUAL REPORT 01/27/2003 -. ANNUAL REPORT 05/06/2002 ... ANNUAL REPORT 05/15/2001 -. ANNUAL REPORT 01i18!2000 -. ANNUAL REPORT 02/22/1999 -- ANNUAL REPORT 04/02/1998 -- ANNUAL REPORT 0117!1997 -- ANNUAL REPORT 01/25!1996 -. ANNUAL REPORT Go!: :)! 1995 -. P,NNUAL REPORT Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History http://www .sunbiz.orglscripts/cordet.exe?action=D ETFIL&in~ doc _ number=688538&inq... 1l/9/2007 Kev Deer Blvd. Roadwav Improvements Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis afpayment is a STIPULATED SUM AGREEMENT Made as of the day of in the year of Two Thousand and BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida 33040 and the Contractor: Community Asphalt Corp, 14005 NW 186 Street, Miami Fl. 33018-6451 (Name and address) For the following Project: Key Deer Boulevard Roadway Improvements Big Pine Key, Monroe County, Florida Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. Oversight for Owner is: Monroe County Engineering Division 1100 Simonton Street Second Floor - Room 2-216 Key West, Florida 33040 The Engineer is: David S. Koppel, P.E. Monroe County Engineering Division 1100 Simonton Street Second Floor- Room 2-216 Key West, Florida 33040 The Owner and Contractor agree as set forth below. 5/14W STANDARD FORM OF AGREEMENfBEIWEEN OWNERANDCDNIRACfOR 00500 - I Kev Deer Blvd. Roadway Improvements ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work as specified in the Project Manual for this project, Section 00300. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Key Deer Boulevard Roadway Improvements. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 003S0, Milestone Schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to proceed, issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty (120) Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. CONTRACT AMOUNT Under 50,000.00 $50,000.00-$99,999.00 $100,000.00-499,999.00 $500,000.0 and Up FIRST IS DAYS $SO.OO/DAY 100.00/DA Y 200.00/DA Y 500.00/DAY SECOND 15 DAYS $100.00/DA Y 200.00/DA Y 500.00/DA Y I,OOO.OO/DA Y 31sT DAY & THEREAFTER $2S0.00/DA Y 750.00/DA Y 2,000.00/DA Y 3,500.00/DA Y The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 5/1407 STANDARD FORM OF AGREEMFNfBEIWEEN OWNER AND CDNIRACfOR 00500 - 2 Key Deer Blvd. Roadway Improvements ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract, for Key Deer Blvd. Roadway Improvements the sum of one million, three hundred and sixty eight thousand, four hundred and eighty dollars and twenty five cents, subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Bid Proposal (Section 00110). ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5/1407 STANDARD FORM OF AGREEMENT BElWEEN OWNER AND CDNIRACfOR 00500 - 3 Key Deer Blvd. Roadway Improvements 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect detennines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a fmal Project Certificate for Payment has been issued by the Owner: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 5/1407 STANDARD FORM OF AGREEMENTBElWEEN OWNER AND CONIRAcrOR 00500 -4 Key Deer Blvd. Roadway ImIJrovements A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required bylaw. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida 5/1407 STANDARD FORM OF AGREEMENTBElWEEN OWNERANDCONIRACIDR 00500 - 5 Kev Deer Blvd. Roadwav Imorovements statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. j) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No SolicitationlPayment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1) Public Access: The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 268.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or 5/14D7 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACIDR 00500 - 6 Kev Deer Blvd. Roadway Improvements responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. 5/1407 STANDARD FORM OF AGREErvlENTBElWEEN OWNERANDmNIRACTOR 00500 - 7 Key Deer Blvd. Roadway Improvements y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August -07. and are as follows: Document Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 5/1407 STANDARD FORM OF AGREEMENTBEIWEEN OWNER AND CDNIRACfOR 00500 - 8 Key Deer Blvd. Roadway Imorovements Contract Drawings. 9.1.6 The Addenda, if any, are as follows: None Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By Mayor Date (SEAL) Attest: CONTRACTOR By: By: Title: END OF SECTION 00500 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: Cit,;:rf.-;tQ ~~~ntIIJ &b HRISTINE . L MBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 1'2/IO/1Yl , , 5/14m STANDARD FORM OF AGREEMENrBEIWEEN OWNERANDCDNIRACIDR 00500 - 9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 12/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-351 B AGENDA ITEM WORDING: Approval for Vintage Props & Jets, Inc. to occupy space in the Adam Arnold Annex at the Key West International Airport on a month to month basis. ITEM BACKGROUND: Vintage Props and Jets plans to provide service between Key West and Ft. Lauderdale. They wish to occupy rental space immediately, and to commence flights sometime between December 20, 2007 and January 1, 2008. PREVIOUS RELEVANT BOCC ACTION: None on this item CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval TOTAL COST: None COST TO AIRPORT: None COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: Yes BUDGETED: n/a SOURCE OF FUNDS: n/a AMOUNT PER MONTH: $2,094.76 APPROVED BY: County Attorney n/a OMB/Purchasing n/a Risk Management n/a DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: Ibev AO 11/06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 12/19/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval for the Conch Flyer Restaurant, at the Key West International Airport, to be closed on Christmas Day, December 25,2007. ITEM BACKGROUND: Management of the restaurant has asked that they be allowed to close for Christmas Day only. Historically Christmas day is very low volume day. and most of the employees have family out of town that they wish to visit on the holiday. The Conch Flyer lease agreement states the business must be operated seven days a week, (365 days a year). PREVIOUS RELEVANT BOCC ACTION: Approval for the Conch Flyer Restaurant to close Christmas Day, 2006. CONTRACTIAGREEMENTCHANGES: n~ STAFF RECOMMENDATION: Approval TOTAL COST: n/a BUDGETED: n/a COST TO AIRPORT: n/a COST TO PFC: n/a COST TO COUNTY: n/a SOURCE OF FUNDS: n/a REVENUE PRODUCING: n/a AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney n/a OMB/Purchasing n/a Risk Management n/a DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19,2007 Division: Community Services Bulk Item: Yes X No Department: Library Staff Contact PersonlPhone #: Norma Kula x7349 AGENDA ITEM WORDING: Approval of membership agreement between the Monroe County Public Library and Southwest Florida Library Network, Inc. (SWFLN), for purposes of enriching Library services and access to materials, inter-library cooperation, staff training opportunities at no extra cost, and promotion of professional relations. ITEM BACKGROUND: Several southwest Florida counties are members of SWFLN. This will provide opportunities for Monroe County Library staff to participate in networking with other library professionals while expanding the Monroe County Library resources. The cost of the membership is less than the current annual cost of one aspect of the services ($3,250), which will be reimbursed for a savings of $750 to the Library by SWFLN upon completion of the membership agreement process. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT~GREEMENTCHANGES: N~ STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 2,500.00 annually BUDGETED: Yes X No COST TO COUNTY: $ 2,500.00 SOURCE OF FUNDS: Ad valorem taxes REVENUE PRODUCING: Yes No X AMOUNT PER Year APPROVED BY: County Atty ~ OMBIPurchasing ~ Risk Management X DOCUMENTA TION: Included X Not Required ~ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: SWFLN--Southwest FL Contract #_ Effective Date: October I, 2007 Expiration Date: September 30, 2008 Contract Purpose/Description: Membership agreement for purposes of enriching Library services and access to materials. inter-library cooperation, staff training and promotion of professional relationships Contract Manager: Norma Kula 7349 Library / #23 (Name) (Ex!.) (Department/Stop #) for BOCC meeting on 12119/07 Agenda Deadline: 12/04/07 CONTRACT COSTS Total Dollar Value of Contract: $ 2,500.00 Budgeted? Yes~ No 0 Account Codes: Grant: $ 00 County Match: $ 2,500.00 Current Year Portion: $ 2,500.00 158-_-62036-530540- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries. etc.) - - - - ----- CONTRACT REVIEW Division Director D,IIte In ,'2/1";/u7 Changes '/ Ye~O~~G' \ ;{((b0(~:~::([ I X"" "\\ ---\" l,' ( YesD Nag \ ) 1 . ;,~/-<.'r/L(".. ":;'-s Date Out /;)- I ((~ I Risk Manage~nent ,1.+'1,",)) f~ . ~~N\~\,i! O.M-.B./PurchasJlg ~Ul- YesD NoQl ~ ';; County Attorney /?;/'d/O'/ YesD NoQ- ':, ' , - I. ( . ..- ,.' .>'! . # ,- , .,--.'- - h - 'J: _' ,.t',,; / !.c_ 'T2:J"FJ : /1 :' ,/ V,l ..i ,/" ,.... "-"I, ~ r' -- I " j Comments: OM8 Form Revised 2/27/01 Mep ~2 Southwest Florida Library Network, Inc. Institutional Membership Agreement Approved by the Executive' Committ~e May 27. 1997 SWFLN Mission Statement "SWFLN creates and manages cooperative library programs and services for the benefit of library users, which provide library members with cost-effective services and the mutual value of providing the widest possible access to all types of library materials, and other fonns of information, access to electronic information and training while maintaining respect for each library's autonomy." SWFLN Purposes are: · To enhance and promote library and information services in southwest Florida. · To <'ncourage inter-library cooperation among all libraries in southwest Florida, including materials, facilities, and local experts. · To assist members with training and education needs to keep staff informed and current. · To cooperate with local, SWFLN-area and national organizations interested in the promotion of library affairs. · To promote professional relations and growth among library and information persOlmel. SWFLN ,conditions of Membership-Institutional Members To become an institutional member of SWFLN the applicant must meet certain "conditions of membership as outlined in the Bylaws," and must agree to honor network "principles of participation" to remain a member in good standing. Libraries and information centers from southwest Florida are eligible for membership in SWFLN when they satisfy these conditions: · The library of infonnation center is an established institution with a collection, budget and full or part-time paid staff. · The library or information center builds and maintains a collection sufficient to serve its own community. SWFLN Institutional Membership Agreement- Page Two · The library or information center agrees to participate in the Florida interlibrary loan process in order to provide access to its materials for other library users in Florida. SWFLN "Principles of Participation" To become and remain a member in good standing, members agree to abide to the following principles: · Members will freely share resources, services and expertise according to policies and guidelines mutually developed by SWFLN members. · Members will loan materials from their collection, that they would loan locally, to other member libraries and to participants in the Florida Library Information Network (FUN) free of charge. · Members will commit to participating in the governance, planning and programs of SWFLN. · Members agree to use, share and exchange bibliographic information, where appropriate, using the MARC format as the accepted standard. · Members agree to provide timely reference assistance to other member libraries upon reque's!. Name of Organization Southwest Florida Library Network Authoriz"d Signature Authorized Signature Name and Position of Signatory Name and Position of Signatory Date Date MQNROij COUNT" ATTOANE. APPROVED A.S fa F9RM , ./ '- L,IiI _, l. PEDRO J. 'MERCADO ASSISTANT COUNTY ATTORNE'Y Date --~_.-.._--~ BYLAWS OF THE SOUTHWEST FLORIDA LIBRARY NETWORK, INC. Article I: NAME The name of this organization shail be the Southwest Florida Library Network, Inc. (hereinafter referred to as "SWFLN"). Article II: PURPOSE The purpose of SWFLN shail be: A. To enhance and promote library and informational services in Southwest Florida. Service may be extended, by action of the Executive Committee, to non-members for what the Executive Committee deems good reason. B. To keep members informed of current trends in libraries. C. To cooperate with local, regional and national organizations interested in the promotion of libraries and information service. D. To promote professional interaction and growth among library and informational personnel in this organization's service area. E. To encourage interlibrary cooperation, including materials, facilities, and local expertise. Article III: MEMBERSHIP A. Fuil membership shail be open to ail institutions engaged in library and information service and is effective upon payment of annual dues. B. A personal affiliation is available to ail individuals currently or previously engaged in library and information service and is effective upon payment of annual dues. C. The Board of Directors may establish and define other categories of membership required to meet the needs of the libraries of the SWFLN service area. D. The Board of Directors shail determine the criteria, rights, and responsibilities of each category of membership. E. No member of the Board of Directors or the Executive Committee shail be personaily liable for any of SWFLN's debts, liabilities, or obligations. Article IV: DUES A. SWFLN's dues shail be levied in accordance with a schedule approved by the Board of Directors and ratified by a majority vote of the Institutional Members. 8. The Executive Committee may establish or change SWFLN fees on an interim basis until ratified by a majority vote of the Board of Directors. C. SWFLN may provide special services on a fee-for-service basis. D. Annual dues shail be payable by October 31 for the fiscal year October 1 - September 30. New members may join at any time upon payment of dues. Article V: VOTING A. Voting privileges shail be established for each category of membership by a majority vote of the Board of Directors. B. Each member institution shail have one vote to be cast by the institution's officiai representative (named on the membership application) or by a substitute designated in writing by the official representative. Page I of 4 BYLAWS OF THE SOUTHWEST FLORIDA LIBRARY NETWORK, INC. C. Each personal affiliate shall have one vote to be cast by the personal affiliate or by a substitute designated in writing by the personal affiliate. D. Votes shall be cast in person, by writing, or electronically. E. Elections shall be held each November. Article VI: GOVERNANCE A. The Board of Directors 1. The affairs of SWFLN shall be governed by a nine member Board of Directors consisting of the four (4) Officers and five (5) Directors. 2. The Board shall include one (1) personal affiliate elected by the personal affiliates and eight (8) persons elected by the official representatives of the Institutional members. 3. Board members shall serve for a term of two years. The terms shall be staggered. Terms of office shall begin and end with the calendar year. 4. Individuals elected to membership on the Board of Directors may serve up to three consecutive terms. After serving three consecutive terms eligibility to serve again is established after one term off the Board. 5. In case of vacancy of any Director's position, the vacancy shall be filled by appointment by the President and shall be for the remainder of that term of office. 6. The official representative will be designated on the membership form submitted with the annual dues. 7. The Board will meet at least once each calendar quarter at the call of the President, or at the written request of five (5) members of the Board, with notice to all Board members at least fourteen (14) days before the meeting. 8. The immediate Past-President and the Executive Director will serve as ex-officio, non-voting advisors to the Board. 9. The Board will set policies and goals, adopt plans and budgets, and hire, evaluate, and dismiss the Executive Director. B. The Officers 1. Three officers (Vice President; Secretary; Treasurer) shall be elected by the official representative of each institutional member library. An officer may be either an institutional member's official representative or a personal affiliate, with dues paid for thl3 fiscal year covering time of service. The previous term's Vice-President will serve as President. 2. The President shall preside at meetings of the Board of Directors and of the Executive Committee and at general meetings and will appoint chairs of committees as needed. 3. The Vice-President/President-Elect will work with the Executive Director to ensure that the programs offered reflect the needs and interests of the membership and will pre!side in the absence or incapacity of the President. If the office of the President becomes vacant, the Vice-President will fill the unexpired term. 4. The Secretary will determine the presence of a quorum, record all votes, take minutes Page 2 of 4 BYLAWS OF THE SOUTHWEST FLORIDA LIBRARY NETWORK, INC. minutes of all Board and membership meetings, and ensure that the Executive Director maintains accurate corporate records and membership rolls. 5. The Treasurer will arrange for the custody of funds and management of SWFLN's financial affairs, including adequate control procedures and financial statements and reports. The Treasurer will obtain an independent annual audit of SWFLN funds by a certified public accountant. C. The Executive Committee 1. The Officers of SWFLN constitute the "Executive Committee". 2. The Executive Committee shall have the authority of the Board to act on a specific matter when such action is required between meetings of the Board and a timely decision is necessary. 3. The operations of SWFLN will be managed by the Executive Director and reviewed by the Executive Committee. D. OthElr Committees 1. The Board will establish whatever committees are deemed necessary for the operation and development of SWFLN. There are no standing committees other than the Executive Committee. 2. Suggested committees may include, but are not limited to: Finance and Grants, Continuing Education, Resource Sharing, Bylaws, Audit, Program, Membership, Nominating, and Personnel. 3. The Vice-President shall appoint committee chairs. The chairs shall appoint committee members with the approval of the President and Executive Director. Membership of committees is limited to members of the Board, the staffs of the institutional members, or personal affiliates. 4. Committee chairs report to the Board of Directors as requested. E. Compensation Members of the Board of Directors and of the Executive Committee, with the exception of the Executive Director, shall serve without compensation, but may be reimbursed for necessary travel and subsistence costs associated with SWFLN business. Article VII: MEETINGS 1. AI: all meetings of the organization, a quorum shall be the majority of the qualified voters present, except when the issue is amendment of the Bylaws. 2. An annual meeting of members for the transaction of business shall be held in the first quarter for the fiscal year (October - December) at such time and place determined by th,e Board. The call to meeting will be sent by the President at least thirty (30) days in advance of the meeting. Article VIII: AMENDMENT OF THE BYLAWS The Bylaws may be adopted, amended or rescinded by a two-thirds majority vote of the members, provided that written notification of the proposed changers) shall have been distributed to the entire membership at least 30 days prior to the date of the voting. Article IX: PARLIAMENTARY AUTHORITY Page 3 of 4 BYLAWS OF THE SOUTHWEST FLORIDA LIBRARY NETWORK, INC. For procedures not covered by the bylaws of this organization, Robert's Rules of Order, latest edition, shall be the authority used. The Parliamentarian designated by the presiding officer shall interpret Robert's Rules of Order, latest edition, whenever necessary. Appeal of the Parliamentarian's decisions can be made on a two-thirds majority vote of the Board of Directors. Adopted June 18, 1992 Revised January 29, 1994 Revised July 29, 1995 Revised July 26, 1997 Revised October 7, 1999 Revised November 8, 2002 Revised May1 , 2004 Revised Novem ber 4, 2005 Revised November 17, 2006 Page 4 of4