HomeMy WebLinkAboutC. Bulk Approvals
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Bulk Item: Yes ---X- No
Division: County Administrator
Staff Contact Person: Doug Gregory
Telephone# 292-3470
AGENDA ITEM WORDING: Approval of a resolution recommended by Extension
Services and the Green Initiative Task Force (GITF) that the County formally set a target
goal for reduction of greenhouse gas emissions at 20% by 2020 as measured from a 2005
baseline inventory.
ITEM BACKGROUND: This action of establishing a target goal for reducing green
house gas emissions is a standard part of the process of developing a climate action plan
and the adoption of a target reduction would strengthen the County's prospects being
awarded the energy grants. In July 2007 Monroe County Resolution 235-2007 the County
resolved to accomplish five milestones. This agenda item accomplishes one of those
milestones because it establishes a greenhouse gas emissions target. In addition the
County is preparing two different energy related grants and climate action plans related to
reducing energy consumption and the associated green house gases. The current Federal
goal is a 28% reduction from 2005 levels by 2020. The City of Key West has adopted a
15% reduction to be achieved by 2015. The County target will give the county five years
longer than the City of Key West but will achieve a larger reduction.
PREVIOUS RELEVANT BOCC ACTION: This recommendation follows the
presentation by Doug Gregory of the Extension Services at the February 2010 BOCC
meeting. BOCC is signatory to the US Mayors' Climate Protection Agreement, has
developed a 2005 baseline green house gas inventory and approved various resolutions
and grant applications as recommended by the GITF.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0-
COST TO COUNTY: -0-
BUDGETED: Yes
SOURCE OF FUNDS:
No --X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X' ~asing_RiSk Management f1\~ -
DOCUMENTATION: Inc1~ VpUlW NotRequired_
DISPOSITION:
AGENDA ITEM #
Mayor Sylvia Murphy
RESOLUTION NO.
- 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING A GOAL FOR REDUCTION OF GREENHOUSE GAS
EMISSIONS TO 20% BY 2020 AS MEASURED FROM A 2005
BASELINE INVENTORY.
WHEREAS, Monroe County, Florida, encompasses the uniquely beautiful natural environment of the
Florida Keys; and
WHEREAS, Monroe County is home to a number of national and state environmental treasures
including the Everglades National Park, John Pennekamp Coral Reef State Park, Indian Key State
Historic site, Long Key State Park, Bahia Honda State Park, Fort Zachary Taylor, several natuml habitat
refuge parks, marine and estuarine habitats surrounding the Keys provide habitat for threatened and
endangered species, the National Marine Sanctuary and the only coral reef in the continental United
States; and
WHEREAS, Monroe County residents and local governments have made environmental stewardship a
priority by embracing the South East Florida Regional Climate Change Compact, the U.S. Mayors
Climate Protection Agreement, the ICLEI process for developing a Climate Action Plan, and by forming
advisory committees including the Monroe County Green Initiative Task Force; and
WHEREAS, Monroe County through its Extension Service has completed a green house gas emissions
inventory for county owned buildings and transportation fleet, for streetlights, and for airports within
county geographical limits.
\
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. It is the intent of the Board of County Commissioners to encourage energy efficiency and
reduce green house gas emissions in the Florida Keys.
Section 2: The Board of County Commissioners hereby establishes a target goal for the county to
reduce green house gas emissions and associated energy costs for county operations by 20 % by the year
2020 relative to the 2005 baseline inventory as established by the extension service.
Section 3: This Resolution shall become effective on the date written below.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of
said Board held on the 17th day of March, AD., 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
Deputy Oerk
Mayor/Chairman
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Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
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Commissioner Neugent
RESOLUTION NO. 022 ~ 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING AND REPEALING
RESOLUTION NO. 445a-2009, PLEDGING THEIR COMMITMENT TO
APPROPRIATE STAFF RESOURCES AND EXPERTISE, WITHIN
BUDGET CONSTRAINTS, TO PARTICIPATE IN THE REGIONAL
CLIMATE TEAM WITH MIAMI-DADE, PALM BEACH AND
BROWARD COUNTIES TOWARD THE DEVELOPMENT OF A
SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE ACTION
PLAN.
WHEREAS, there is consensus among the world's leading scientists that global climate
change is among the most significant problems facing the world today; and
WHEREAS, Florida is considered one of the most vulnerable areas in the country to the
consequences of climate change with Southeast Florida on the front line to experience the
impacts of climate change, especially sea level rise; and
WHEREAS, Monroe is located in Southeast Florida and is a neighboring county with
Miami-Dade, Palm Beach and Broward Counties; and
WHEREAS, Monroe, Miami-Dade, Palm Beach and Broward Counties, herein the four
counties that constitute the southeast Florida Region, share in common a strong quality of life
rooted in the region's rich cultural heritage, vigorous economy, and environmental resources of
global significance; and
WHEREAS, the aforementioned four counties of Southeast Florida, which represent
approximately 30% of the population of the State of Florida, are physically linked one to the
other by the Atlantic Ocean coastline and share some of the world's most renowned natural
resources such as the Everglades, our unique coral reefs, beautiful beaches, and fragile Keys
ecosystem; and
WHEREAS, the four counties of Southeast Florida and their respective populations,
totaling more than five million residents, are expected to share in disproportionately high risks
associated with climate change due to low land elevations, rising sea level projections, and
anticipated increases in tropical storm events; and
WHEREAS, rising sea levels could limit the effectiveness of critical drainage
infrastructure, endanger beaches, and coastal natural resources and increase incidents of
saltwater intrusion on the Biscayne Aquifer - putting at risk the drinking water supply for the
entire population of Southeast Florida; and
WHEREAS, local governments and the region as a whole, must give significant
consideration to adaptation strategies designed to protect public infrastructure, property, water
resources, natural areas and native species, and basic quality oflife; and
WHEREAS, the aforementioned four counties of Southeast Florida account for a
combined Gross Domestic Product of more than $2.5 billion annually and more than 37% of
statewide economic output; and
Page 1 of 3
WHEREAS, while the four counties of Southeast Florida have independently taken steps
to address global climate change, all parties recognize that coordinated and collective action on
this, the defining issue for Southeast Florida in the 21 st Century, will best serve the citizens of the
region; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida passed
Resolution No. 445a-2009 on November 18, 2009 to establish its intent to cooperate with other
Southeast Florida counties, but has determined it is important to clarify that intent; now
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Monroe County shall work in close collaboration ~th the aforementioned
counties of Southeast Florida party to this compact to develop a joint policy
position urging the United States Congress to pass legislation that recognizes the
unique vulnerabilities of Southeast Florida to the impacts of climate change and to
further a joint policy position that includes specific recommendations regarding
the allocation of federal climate change funding based on vulnerability to climate
change impacts. Such recommendations might include designation of areas of
Southeast Florida as uniquely vulnerable and of federal interest for the purpose of
securing enhanced levels of federal participation in regional adaptation
projects.
Monroe County shall work in close collaboration with the other counties party to
this compact to develop additional legislative policy statements relating to global
climate change and future legislation to be considered by the Congress of the
United States for transmittal to the Congressional Delegation representing, in part
or in whole, districts within the area covered by this compact.
Monroe County shall work in close collaboration with other counties party to
this compact in developing joint position statements on proposed State legislation
and energy/climate policies including but not limited to issues such as the region's
energy and climate security and a renewable energy portfolio standard that
defines renewable energy sources as wind, solar, geothermal, biomass, landfill
gas, qualified hydropower, marine and hydrokinetic energy and also including
nuclear energy, and to collaborate on other emerging energy/climate issues that
may be considered by the 2010 Florida Legislature Delegation representing, in
part or in whole, districts within the area covered by this compact.
Monroe County shall work with other counties party to this compact in
developing joint position statements for future State legislation that may be
considered by the Florida Legislature for transmittal to the Legislative Delegation
representing, in part or in whole, districts within the area covered by this compact.
Monroe County shall commit appropriate staff resources and expertise, within
budget constraints, to participate in the Regional Climate Team with other
counties party to this compact toward the development of a Southeast Florida
Regional Climate Change Action Plan.
Page 2 of 3
Section 6:
Monroe County shall work with other counties party to this compact in
developing a Southeast Florida Regional Climate Change Action Plan,
understanding that no county will work at cross-purposes with the other counties.
The Action Plan could, at a minimum, include the following components:
(a) A baseline of greenhouse gas emissions for Southeast Florida;
(b) Strategies for coordinated emission reductions throughout the built environment
to include the use of energy efficiency, energy conservation, and the use of
demand-side renewable energy resources;
( c) Strategies for coordinated emission reductions from the transportation sector to
include increased reliance on public transit, emerging vehicle technologies, and
adyanced bio-fuels;
(d) Strategies for coordinated emission reductions resulting from changes in local
and regional land use;
( e) Strategies for the coordinated regional preparation for and adaptation to a rapidly
changing global environmental based upon regional mapping of projected sea-
level rise and any resulting amplification of localized impacts of tropical cyclone
events. Such strategies shall incorporate climate preparation concerns for the
regional economy, regional infrastructure and the built environment, social and
cultural needs, and natural systems within the four counties party to this compact.
Section 7:
That Monroe County shall commit to participating with other counties party to
this compact in hosting the Second Southeast Florida Regional Climate Change
Summit in October 2010.
Section 8:
Resolution No. 445a-2009 is hereby repealed.
Section 9:
Effective Date: This Compact shall become effective upon Adoption.
Mayor Sylvia Murphy
M~yor Pro Tern Heather Carruthers
. ; ~@. c .. .ssioner George Neugent
. fJ'/d .. .ssioner Mario DiGennaro
.' I{.'i,....<~dl~i?, '}.3 ,,'.' ioner Kim Wigington
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PASSED AND ADOPTED, by the Board of County Commissioners of~nrW C~ty,2!
Florida at a regular meeting on said Board on the 20th day of January , A.D~Si. ~ ~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
Mayor Sylvia Murphy
By:
Page 3 of 3
MONROE COUNTY ATTORNEY
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The u.s. Mayors Climate Protection Agreement
(As endorsed by the 73rd Annual u.s. Conference of Mayors meeting, Chicago, 2005)
A. We urge the federal government and state governments to enact policies and programs
to meet or beat the target of reducing global warming pollution levels to 7 percent
below 1990 levels by 2012, including efforts to: reduce the United States' dependence
on fossil fuels and accelerate the development of clean, economical energy resources
and fuel-efficient technologies such as conservation, methane recovery for energy
generation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles,
and biofuels;
8. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that
1) includes dear timetables and emissions limits and 2) a flexible, market-based system
of tradable allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming
pollution by taking actions in our own operations and communities such as:
(
1. Inventory global warming emissions in City operations and in the community,
set reduction targets and create an action plan.
2. Adopt and enforce land-use policies that reduce sprawl, preserve open space,
and create compact, walkable urban communities;
3. Promote transportation options such as bicycle trails, commute trip reduction
programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, for example, investing in
"green tags", advocating for the development of renewable energy resources,
recovering landfill methane for energy production, and supporting the use of
waste to energy technology;
5. Make energy efficiency a priority through building code improvements,
retrofitting clty facilities with energy efficient lighting and urging employees to
conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the u.s. Green
Building Council's LEED program or a similar system;
8. Increase the average fuel effiCiency of municipal fleet vehicles; reduce the
number of vehicles; launch an employee education program including anti-
idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and wastewater
systems; recover wastewater treatment methane for energy production;
10. Increase recycling rates in City operations and in the community;
11. Maintain healthy urban forests; promote tree planting to increase shading
and to absorb C02; and
12. Help educate the public, schools, other jurisdictions, professional associations,
business and industry about reducing global warming pollution.
--~
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1
Mayor DiGeD..ro
RESOL1JTION NO. ~ -1007
RESOLUTION OF THE BOARD OF COUNTY
COM&JISSIONERS OF MONROE COUNTY!! FWRlDA
ENDO~G THE U.S. MAYORS CLIMATE
PROTECTION AGREEMENT AS AMENDED TO REDUCE
GWBAL WARMING POLLUTION; AUTHORIZING FULL
ME~RSBIP IN THE ICLEI (LOCAL GOVERNMENTS
FOR SUSTAlNABILITY) AND PARTICIPATION IN THE
CITIES FOR CLIMATE PROTECTION@! CAMPAIGN.
WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy
resolutions calling for cities, communities and the federal government to take actions to reduce
global warming pollution; and
WHEREAS, tpe Intergovernmental Panel on Climate Change (!pee), the international
community's most ~ected assemblage of scientis~ has found that ~limate disruption is a
reality and that humatl activities are largely responsible for increasing concentrations of global
warming pollution; and
WHEREAS, recent, well-documented impacts of climate change(1) include average
global sea level increases of four to eight inches during the 20th centuJy; a 40 percent decline in
Arctic sea-ice thickness; and eleven of the twelve hottest years on record occurring in the past
twelve years~ and
(
WHEREAS, climate impacts of the magnitude now pre(ii~ed by the scientific
community will cause extremely costly disruption of human and natural systems throughout the
world including: increased risk of floods and/or droughts; water shortages and significant shifts
in agriwltural zones; sea-level rises that interact with coastal storms to erode beaches, inundate
land, and damage structures; more frequent and extreme heat waves; more frequent and greater
concentrati.ollll of smog; and
~ on February 16, 2005~ the Kyoto Protocol, an international agreement to
address climate cbang~ went into effect in the 174 countries that have ratified it to date; 38 of
those countries are now legally required to reduce greenhouse gas emissions on average 5.2
percent below 1990 levels by 2012; and
WHEREAS, the United States of America. with less than five percent of the world's
population, is responsible for producing approximately 25 percent of the world's global warming
pollutants; and
WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been
7 percent below 1990 levels by 2012; and
WHEREAS!! 'rpany leading US companies that have adopted greenhouse gas reduction
programs to demonstrate corporate social responsibility have also publicly expressed preference
for the US to adopt precise &n.d 1D8I1datory emissions targets and timetables as a means by which
to remain competitive in the international marketplace. to mitigate financial risk, and to promote
sound investment decisions; and
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WHEREAS, _e and local governments throughout the United States are adopting
endssion reduction targets and programs and that this leadership is bipartisan, coming from
Republican and Democratic governors and mayors alike; and
WHEREAS, many cities throughout the nation, both large and small, are reducing global
warming pollutants through programs that provide economic and quality of life benefits such as
reduced energy bills, green space preservation, air quality improvements, reduced traffic
congestion, improved transportation choi~ and economic development and job creation
through energy conservation and new energy technologies; and
WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate
Protection Agreement which, as amended at the 73rd Annual U.S. Conference of Mayors
meeting. reads:
The U.s. Mayors Climate Protection Agreement
A We urge the federal government and state governments to eoact policies and programs to
meet or beat the target of reducing global warming pollution levels to 7 percent below 1990
levels by 2012. iDclu~ing efforts to: reduce the United States' dependence OD fossil fuels and
accelerate the development of clean, economical energy resources and fuel-efficient technologies
such as conservatio~-~erecovery for energy generation; waste to energy. wind and solar
energy, fuel eens, efficient motorvebicles, and biofuels;
.",",-. .
B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that
includes 1) clear timetables and emissions limits and 2) a flexlb.le, market-based system of
tradable allowances among emitting industries; and
\ . C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming
pollution by taking actioDS in our own operations and communities such as: 1. Inventory global
warming emissions in City operations and in the community. set reduction targets and create an
action plan. 2. Adopt and enforce land-use policies that reduce sprawl. preserve open space, and
create compact, walkable urban communities; 3. Promote transportation options such as bicycle
trails. commute trip reduction programs. incentives for car pooling and public transit; 4_ Increase
the use of clean, alternative energy by, for example, investing in "green tags", advocating for the
development of renewable eneIgY resources, recovering landfin methane fur energy production,
and supporting the use of waste to energy technology; 5_ Make energy efficiency a priority
through building code improvements. retrofitting city facilities with energy efficient lighting and
urging employees to conserve energy and save Illoney; 6. Purchase only Energy Star equipment
and appliances for City use; 7. Practice and promote sustainable bWlding practices using the u.s.
Green Building Council's LEED program or a similar system; 8. Increase the average fuel
efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee
education program including anti-idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover
wastewater treatment methane for energy production; 10. Increase recycling rates in City
operations and in the community; 11. Maintain healthy urban fbrests; promote tree planting to
increase sbading and to absorb C02; and 12. Help educate the public, schools, other
jurisdictions, professional associations, business and industry about reducing global warming
pollution.
2
WHEREAS, the U.S. Conference of Mayors endorses the U.S. Mayors Climate
Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors meeting and
urges mayors from around the nation to join this effort;. and
WHEREAS, the U.S. Conference of Mayors has indicated it will work in conjunction ,
with ICLEr-LocaI Governments for Sustainability (ICLEI) and other appropriate organizations to
track progress and implementation of the U. R Mayors Climate Protection Agreement as
amended by the 73rd annual U.S. Conference of Mayors meeting.
NOW THEREFORE. BE If RESOLVED that the Board of County Commissioners of
Monroe County, Flori4&- :
1. Will join ICLEI as a Full Member and will undertake the Cities for Climate
Prntection<<l Campaign's five milestones to reduce both greenhouse gas and air
pollution emissions throughout the community. and specifically:
A Conduct a greenhouse gas emissions inventory and forecast to determine the
source ~ quantity of greenhouse gas emissions in the jurisdiction;
B. Establisb a greenhouse gas emissions reduction tazget;
-~.
C. Dev~lop an action plan with both existing and future actions which when
implempnted will meet the local greenhouse gas reduction target;
D. Implement the action plan; and
(
E. Monitor and report progress.
F. Consider implementation of appropriate goals and policies contained in
Governor Crist's Executive Orders No. 07-116, 07-127 and 07-128.
2. Requests assistance from ICLErs Cities for Climate Protection@ Campaign as it
progresses through the milestones.
(
PASSED AND ADOPTED. by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 18th day of July, AD., 2007. '"
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BOARD OF COUNTY COMMISSIONERS OF
"il. . MONROECOUNTY,FLOBJDA
A: J{oIhage, CLERK
~, <~U"u ~ ~
fl~~OE COUN1Y8ffORNEY <4
DEPuty Clerk !ji;r:r' ~ ~r_DiGeoIato
~ su ~ HUTTON
Dale COU~A~E~
Mayor Mario Di Gennaro
Mayor Pru TeJII DiDe M. Spehar
... . -. - '. -'~'. r Charles "8o-y" McCoy
. ~ ". .George Neucent
. ,.Ivia Murpky
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 3/17/10
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval to accept credit cards and debit cards for the public parking lot at the Key West
International Airport, which is currently managed by Republic Parking System.
ITEM BACKGROUND: There have been numerous requests from patrons over the past several years that the Key West
Airport parking lot accept credit and debit cards. See attached e-mail from Republic Parking, noting cost of equipment,
time line, and processing charges.
PREVIOUS RELEVANT BOCC ACTION: Discussed at the February 17, 2010 Board of County Commission meeting.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
None
BUDGETED: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING:
AMOUNT PER MONTH NEAR:
APPROVED BY: County Attorney N/A
OMB/Purchasing N/A
Risk Management N/A
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
Moore-Bevette
From:
Sent:
To:
Cc:
Subject:
Bevette,
Ikelleher@republicparking.com
Tuesday, February 16, 20109:32 AM
Moore-Bevette
John _Leavens/rps@republicparking.com
Credit Card Processing Information
The credit card machine we recommend is an Omni. It processes over the phone line, calling out for authorization on
each transaction. The cost of the machine is $375. Credit card processing fees fluctuate based on the type of card. The
average processing fee is 2.9%. We can have the system in place in 3-4 weeks.
Please call me if you have any questions or need more information.
Thanks,
Linda
Linda Kelleher
Regional Manager
Republic Parking System
2413 North B Street
Tampa, FL 33609
phone: 813-298-3631
fax: 813-348-0362
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: March 17.2010
DIVISION: County Administrator
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton/809-5200
AGENDA ITEM WORDING: Approval to terminate contracts with Class Act Cleaning Service LLC, for the Key West
International Airport, and the Florida Keys Marathon Airport, due to default/breach of contract. Approval to advertise a
Request for Proposals for Janitorial Services at the Key West International Airport, and the Florida Keys Marathon Airport.
Approval to hire the Eight B Cleaners, Inc., on a month to month basis, commencing February 12, 2010, at the Key West
International Airport and the Florida Keys Marathon Airport, pending advertising a RFP for Janitorial Services
ITEM BACKGROUND: Class Act staff ceased services at the Key West Airport and the Marathon Airport, February 12,
2010. Letters noticing Class Act of default/breach were sent certified mail on February 16, 2010, serving 7 day notice as
required by the contracts. The Deputy County Administrator has approved hiring the Eight B Cleaners at both airports on
an emergency month to month basis. The Eight B Cleaners have provided both Airports with proposals for temporary
services.
PREVIOUS RELEVANT BOCC ACTION: Key West Airport: 1) Approval to advertise an RFP for Janitorial Services for
the Key West International Airport, 4/15/09; 2) Approval of award of bid to Class Act Cleaning at the Key West
International Airport, 10/21/09; 3) Approval of contract with Class Act Cleaning for the Key West International Airport,
12/16/09.
Marathon Airport: 1) Approval to advertise an RFP for Janitorial Services for the Marathon Airport, 5/20109; 2) Approval
of award of bid to Class Act Cleaning at the Marathon Airport, 10/21/09; 3) Approval of contract with Class Act Cleaning
for the Marathon Airport, 11/18/09.
CONTRACTIAGREEMENT CHANGES: Terminate contracts with Class Act Cleaning Service, LLC.
STAFF RECOMMENDATION: Approval
Temporary cleaning service:
TOTAL COST: Key West - $23,750.001 month - Marathon - $2,575.00/month
INDIRECT COST: nla BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO AIRPORT: Key West - $23,750.00/month - Marathon - $2,575.00/month
SOURCE OF FUNDS: Airport Operating Funds
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney YES
DOCUMENTATION: Included l
OMB/Purchasing nla
Risk Management nla
Not Required
AGENDA ITEM #
DISPOSITION:
Ibev
APB
revised 7/09
FLORIDA. KEYS MARATHON AIRPORT
James R. "Reggie" Paras, Manag/lr
9400 Overseas Highway, SuIte 200
Marathon, FI. 33050
relephone: (305) 289-60021289-6060
Facsimile: (305) 743-0396
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tem Heather Carruthers District]
Kim Wigington, District 1 '
George Neugent, District 2
Mario Di Gennaro, District 4
O"~~rY ~o~o~;~~E
(J05) 294-4641
Certified Mail:
.)Ii'
. I 1
700621500001 473254
February 16, 2010
Class Act Cleaning Service, LLC
Yadira Suarez, Regional Manager
2700 Berlin Turnpike
Berlin, CT 06037
To Whom It May Concern,
You are hereby placed on notice that you are in defaultlbreach of the terms of your
contract with Monroe County. Specifically, as of February 12,2010 you have failed to
comply with paragraph I and cxhibit A of the agreement entered into on Novcmber 18,
2009. Pursuant to paragraph 15 of the agreement you are hereby notified that unless you
can show good cause for having defaultedlbreached the terms of the November 18,2009
agreement with the County, I will seek Board of County Commissioner approval at the
first possible opportunity to cancel the November 18, 2009 agreement. This letter shall
serve as your 7 day notice as required by paragraph 15 of the County's intent to cancel the
agreement.
Sincerely,
/
Reggie Pards, Airport Manager
f10rida Keys Marathon Airport
JRPlsd
cc: Peter Horton, Director of Airports
Pedro Mercadu, County Atturney
Fee 14 2010 10:58
MARATHON AIRPORT
3057430396
FLORIDA KEYS MARATHON AIRPORT
Regll;t! Paros, MIUtIlflt!'
9400 <>Venea. Highway, Suite 100
Marat.OD, Fl. 33050
MEMORANDUM
TO:
Debbie Frederick
Deputy County Administnitor
THROUGH:
Peter Horton
Director of Airports
James R. "Reggie" Paros, Manager a
Florida Keys Marathon Airport / ~
FROM:
REFERENCE:
Janitorial Services - Florida Keys Marathon Airport
DATE:
February 13,2010
We are tequeSbng approval to hire Eight B Clc:anets, Inc. on a month to month basis,
commencing at 6:00 a.m., F"brwu:y 12,2010, pc:nding hiring of a permanent service-
We also request that Eigbt B Cleaners, Inc. be paid for the perfotm:U1e" of janitorial services
on a wedcly basis in ILtI"CUs. A copy of Eight B Cleaners, Inc. proposal is at:tllched for
refuenee.
Class Act Cleaning Se.rvic"s, th" contract jaortorial c;ompiILlY, had no slllff wotking after 6:00
a.m. on February 12,2010.
Please call me at extension # 6060, should you require additional iofofIIlfltiOn..
A ttlldl.lnent
/
Concur:
(
Date:
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;/, _;ex )C ' \.... I ( f.
Deputy County Administrator
p.l
The Fight B Cleaners. Inc.
2Q34 Flagler Ave.
Key West. n 33040
02-l3-201O
Fax Co\"er
To: Reggie Paros
Cell: 305-797-0886
Fax:305743-0396
From: \1aria Balmaceda
Phone:305-296-] 389
Cell: 305-522-3083
Fax:305-296-1389
Re: Proposal
( 'omment:
Please find attached a copy of the Eight B Cleaners lnc proposal to the Florida
Keys Marathon Airport. The Eight B Ckaners Inc Is ofkring the Florida Keys Marathon
on a yearly basis a 4 hours a day. seven days a week janitorial services listed attached.
The Eight B Cleaners, Inc. will provide all chemicals needed to perform tile floors
cleaning, such as broom, mop, hose, brush and wheel cart to carry any cleaning supplies
and equipments need by our staff.
The quote price will be for $2,575.00monthl) plus taxes.
We appreciate your consideration on doing business with us and hope to serve yOU soon
Please feel free to contact me with any questions L)r concerns you may have
Sincerel) .
Maria Balmaceda
IHIL'l" I.\SIIH.
( k\1I1!;].,l aJj\"i~....:\..:~)lld n~'\'l-l\:'~.l"i!:l:,~ \,jdij~. l~..:(I...':-"'; "J1~ninJ:! h"llr~. It,.:..,~!, '.\. .'-'1\
'!I:llll!leluJ.' LII" !,]llowln~. tel be I'~Tlllrl,,,.,I''l1 ,I J:li'y h".'"
a. :\lIlIr)"IS shall h" ,,\\ ~pt. 1(1,,,,, din :,llll'\ cd
b. \\',1 il"l"!' ami dhini",'cI Ih1l11S.
c ,>ul: 1"lrllLilllh sh:1I1 be ddlllp Ck':I:h',j
d ,\11 COIllllloue,__ lllillah, basins and \1I1ilics sh~li lie scoured anLi di,llIt'cClcd,
c. All tllJJ\dl LI:ipS shall be elc:lncd and Ji,mkC"led.
1. ,\11 ,',Illilary napkm leceplacles sha]lh.: eleancd, II 'Isle di,sposed, and Jisink,'kd.
.\11 ,upphc's shall be rqllclI.:eJ (papel !louds, "lap, elll li'e-;!J..:ners, ele.)
II. \11 lllh..:r Wlllh: neecS'ary to maintalll" ele,i11 and ,anilalY condilion in Ih,.s.: 1i:'IIll('ll1S
shall he IlL-rrlllmed, \\h,.thel nokd jn 1I,.::,c speci1iccdiuns or not.
:2 \Ii sink., anu \\ i,lel tOlllllclins oUIside II,,' resll<lom l,r..:as arc to be cleaned daily \\':H.I
"'1"11:1111' :11',' to I", pulished peri0dicallv.
I "'''e-r:d ,:k-:lI1ine; ,Iwil be pCI IUrlm:J aild .,h'''.11J tl1clude thi: f'lllowinp:
a. ,\il l,.,'IT:177.(lli('Ul~ shedl (1L' ';)\.VC[)t dall.\ witll ~l dry mop tn ...~n"\lIl\" It)tl\": di': i~ l~'itl<.n -...'1,1
b. l)u:;f :ll1d "i"'l11t ~k'~lll (UrllllUI\~~llH.llllrlll_"h;n~~s" l.C. di"f1l'n~I.'r"i III n:"tn')\)1l1" ::;"
cllbill.'h, ,k,k" l'0111pll!":h, lurnlT' or \\ ,111\ Illl CObWcrl';. windowsill,. UL
c, Dust all II Llrk on wall.,
,\ \.'I1"h: and ekall :111 gb" doors,
'c. f'lllpty, and l'\~an as nece"ary. alllf.,,1i elll' (I flo"l and manage'I', (,,'li'L'! :111J
lelll\1\ ~ 1l1l1lash 1111111c'lliatcly (\llli,' dlllllJb!c."
r. Pilh: ur trash, p,'liodll:lIs :uld olh..:r dl'i'r1' inSide lel"llllll:d huilul11g.
.~, '>P"I clean ll"or Srl1l1Jg~' as nL'ees""'\'.
h \\.ipe ckan and vacuum kunge' furniture'.
i. \\ Ip~ \\,lIls [I, Ileclkd,
[11
1),\11.\ OLTSIUE
1 ! !llpl) ;1110 ~J.:an all tla,h Glllo and 1,.n1<1\ ~ alltlash to dllIl1Jlst~r.
~. l'll1PIY ~lsh stands,
.. I'lclup d~hr" nn w~lIk-waY In h(Jnt ui'AIITlort: clean \"I'h~" apprupriale I,' 1~11l".'
:::lY ~)llll..." bug..;. ch....:v.. in~ gunL \..'t.::.
4. l,~ IcafhlLlwc"J' on walb,\'ay\ and c'lIh.' 111 fronl ofkrIllinal dally.
5. Wipe otfhenchcs, llwilboxcs. ~LlIJli-:f hux, clC,
\\'EI::KI."\ j:"SIUE
I. lena/I" !lo,)f' tu he \\el mopped ;Ind 11l;I;ntalned in acc<lrdance \I'ith Ic"I;):I"
"1~:lJnklwnCC 'vlClllua!.
.'. ~",,'lIril\' ofl1~~. hdlh\;l\sui'fiec, hehind ;Ill'llne lickdln~ counters (\\ilh lh,' "\".!"'ul'
.>1' [~a,~d spa~c.,) sllall 11c' ckilneJ and v\ e: lIlilpped.
3 \'a,:UUIl1 all Clfpch. 111;1" Jnd;lIf \enh: Ih.' '",ll'pc'ting,hall bc vaclIlllneJ wilh i1
l'<1wcl!ul tIl.I',\ va"Utllll.
.1. (.h~ck ~lIld ~kan thc' d~rartlllc IUIIlI,~l ~llld 1~1l10VC all lras], and d~hli~
5. WWl' olTand puiIsh \'ood benches :lIHI 1I111HIrail"
6. I hh! and '''~Llum Llphu"l~red ~haij ~u,hl(\ns and 10linl!L' ".;.Ih on firsl l1o<Jr
~ Du,t and clean advcni,ill<;' brochurc. lac.b, mOUIllL.d 11s11, display ~,\S~s. ,'le
x. ( 1":111 alld );mill7.~ Pel:. h:kpllOn~ II' I,.bby,
9. t. kdn, Ju,' and use we! mop on 11"ur i'l ,.iC'.dtN.
10. [Ju,1 and ckan all WlIldu\\ ,II:, on I ~ll1J 2'''. Jl""rs.
II DU,l and \ d~Ul1ll1 uplh)l,l.:r~J tumlllll,' Ifllllanag~I's <)tTic~ sUlle
12 \\ Irt: low ledges, sills. rails, lahk" sil,.I, illg. baslbu~JI'(k ,Ie with.! JJlllp L hltl, I,
leJu~e; the; dlllOUlll ufdu,sl in the blli[dlI1~
\\ LLh.LY OLI SIL)~,
I, S',., ~c.p .Ind h(),~ J, mil \\alk w,,~ s and ~urh, '11 Inlnt of Il.' 111111a i.
2. \\ ",II I 11",,1 i'lelSS ,11 fr<JI1t Iwo c'lIlr: dUI'ls, and at hulh ,kparlurc >,.,Ie'.,
\JO:\TIIl ...
I \\ .Ish all I" Jl'H II' and 2' flour ~Ia" WilIdu\\, and dool'S inside' and Illll.
2 \\ ",11 insiue 01 all gb." wind.l\\' '\ i!h b.dll1111J "llU dccordlUn ,'[ulln .,1 ILl tl c'J'.S.
3 Hl:(r kTLl/./L\ i1\hJrs. u-.;illg ~lpprupll;lk I..~qllip!lh.:nl.
(f1HI':H
I .\1;,inlallllll\l'I1ILlflc., ;iI'supplles diid l':lP, I pl'llducts. l"oordlJidk (',krill,' I\JlII
airpilrt nlall~t!l'r-' OniL~
:. \\'d,h dO\vn hallama dlld a~~ordl"n sllmll ,huller, 'I> IICl,led: shall he 11\'1 [~"lIlcd ;11
1111l11111Ull1 (;very (j mUllll",
"It.lmpoo 2'" tloor cell'pets and SllllJ\\J\' ,I> nceded
4. \\ ,II-'r indo()J pl""l; "~(;~;y and 11\ c."c.~ :I,cil' cure. a, dlr,.~(cd
SPITI \ \. 1-:\ LYI S
\'I,lJl;lul' ~llld 1",l...\l!1 up ;'j~ 1!1_'I",Odcd h...:l~)j"': :ilJd anc-r Airpon J"crlillll;J! ~'I~...."..i::j ,,~-', ill
OKl!~rY ~o~~~E
(3051294__1
BOARD 011 COUNTY COM"I~Cln"'ERS
Mayor SytvIa J. MurphV, District 5
Mayor Pro Tem Heather CarnJtheB, District 3
KIm WIgington, District 1
George Neugent, District 2
Marto DI Gennaro, District 4
Key West Intemational Airport
3491 S. Roosevelt Boulevard
Key West, Florida 33040
.
February 16, 2010
Class Act Cleaning Service, LLC
2700 Berlin Turnpike
Berlin, CT 06037
To Whom It May Concern
You are hereby placed on notice that you are in defaultlbreach of the terms of your
contract with Monroe County. Specifically, as of February 12, 2010, you have failed to
comply with paragraph 1 and exhibit A of the agreement entered into on November 18,
2009. Pursuant to paragraph 35a of the agreement you are hereby notified that unless you
can show good cause for having defaultedlbreached the terms of the November 18, 2009,
agreement with the County, I will seek Board of County Commissioner approval at the first
possible opportunity to cancel the November 18, 2009, agreement. This letter shall serve
as your 7 day notice as required by paragraph 35a of the County's intent to cancel the
agreement.
Sincerely,
0~~
~~<S
Director of Airports
PJHlbev
11II
From:
Debbie Frederick, Deputy County Administrator
Peter Horton, Director of Airports r;x ~
2/12/10 ~
To:
Date:
Re:
Janitorial Services - Key West International Airport
We are requesting approval to hire Eight B Cleaners, Inc. on a month to month basis, commencing at 5:00 a.m.,
February 12, 2010, pending hiring of a permanent service.
We also request that Eight B Cleaners, Inc. be paid for the performance of janitorial services on a weekly basis
in arrears. A copy of Eight B Cleansers, Inc. proposal is attached for reference.
Class Act Cleaning Services, the contract janitorial company, had no staff working after 5:00 a.m., on
February 12, 2001, and has removed their equipment from the Airport.
Please call me at extension # 5200, should you require additional information.
Thank you
PJH/bev
Attachment
( ;~ct/'('i:
Deputy County Administrator
Date:
:::::J// /1 II (1
. /
Concur.
. Page 1
The Eight B Cleaners. Inc.
2934 Flagler Ave.
Key We~t, FT, :\3040
Fax Cover
To: Lauy Flowers
Cell: 1M-797-l453
Fax:30S-29S-9693
E-mail: tlowers-laJTVra1monroecountvfl.l!OV
From: Maria Balmaceda
Phone: 305-296-1389
Cell: 305-522-3083
Fax: 30S-29n-l1RQ
RE: Proposal
CommAnt;
Please find attached a copy of the Eiaht B cleaner's Inc pmpo!,;1I1 to the Key West International
Airport. The Eight B Cleaners, Ine is offering the Key West International Airport on a yearly basis a 24
hours a day, seven days a week janitorial services listed attached.
TIle Eight B Cleaners, Inc. will provide all chemicals needed to perform tile floors cleaning, such
Q3 broom. mop, ho:sc, brush and wheel r.:lI.I1 tu can}' any cleaning supplies and equipments needed by our
staff. .
11le quote price will be for $ 23,750 monthly plus taxes.
We appreciate your consideration on doing business with us and hope to serve you soon. Please feel free
to contact me with any questions 01 concerns you may have.
Sincerely,
Maria BIl111lllceda
JANITORIAL SERVICES - KEY WEST INTE~NATIONAL AIRPORT
SCOPE OF WORK:
I. Inside
A.~
Check end clean all {,Ilia door.. windoWS. and window sills.
Check all air conditioning vents and grills. Clean as needed.
New Terminil
. Clean Restrooms during peak flight limes once (1) every thirty (30) minutes OtnQr tima
once (1) every hour and clean as needed.
Arrival Area
Clean Restroom$ during peak flight times once (1) every thirty (30) minutes. Other times
check once (1) every hour and clean as needed. Clean seatIng and other item..
OeDartur. Area
Clean Restroom!' dllring peak flight times once (1) every thirty minutes (:$0'. Other times
check once (1) every hour and clean as needed. Clean seating and other items.
Administration Offices
Clean and vacuum each office. empty trash, dust once (1) every day - Monday - Friday.
Clean Restmoms once (1) every day. Clean windows, window Silll, and dust blinds as
needed.
0011 Buildlna
Clean Restrooms twice (2) every day.
Restroom Checklist:
Clean mirrors, toilets, urinals, walls. countertops. fill dispens9r11. mop and disinfect floorl.
II. Outside
A. Dailv
Empty all trash cans and remove trash 10 compactor/dumpster ;at th. end of oach shift.
New Terminal. Arrival Area. DeDartyre Area
Pick up traah, n8Wllpapers line! other lillsr ilS needed. sweep and clean walkways and
curbs, wipe off benches, empty ashtrays. empty trash cans and remove all trash to
compactor/dumpster. at least two (2) times in Ihe A. M. and two (2) times in PM.. four
(4) times per day.
Airsido
Sweep and clean at departure gates two (2) times each day. Pick up trash from baggage
make-up building 10 OP9 buildi"g two (2) times each day.
WindowJ
Clean exterior 01 windows once (1) per month or as needed
III. Customs and Border Protection BuildinG!
Clean Restrooms, interior of building, empty trash cans and remove trash to
compactor/dumpster once every week. Specific dayltime for seNices to be performed,
will be determined by Customs/Janitorial Staff.
IV Floor Maintenance Checklist
New Terminal
Strip and wax all floors once (1) every two (2) weeks
Mop and buff noortl once (1) every nignt
EI.~ator floors - vacuum two (2) times every day
spo~ clean as needed
Arrival Area, Departure Area, VCB Building, Elevator.
Vacuum two (2) times every day, or as needed
Clean and shampoo ca~t once (1) every two (2) weeks
Spot clean spills and stains as needed
These services include the area benincj the Rental Car Counters
Clean landing of escalator and stairs
v. Sidewalks
New Terminal, Arrival Area, Departure Area - P M. - wa.h down aidewalleB once (1)
every day.
Vl.tI2Wr!
Contrlletor to provide janitorialsllrviee twenty-four (2'1) hOUI1I per doy, seven (7) day.
per week
Floor Maintenance - Start approximately 11:00 p.m. And finish by approximately 4: 30
a.m.
..
.\, ,I
.... ..
-.. ..'
COUNTY 3MONROE
AIrports BUIIneII 0lIIce
Key West International Airport
3491 s. Roosevelt Boulevard
Key West, FL 33040
Class Act Cleaning Service, LLC
2700 Berlin Turnpike
Berlin, CT 06037
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 3/17/10
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of settlement agreement between Enterprise Leasing Corporation of Florida LLC,
and Monroe County regarding the Key West International Airport.
ITEM BACKGROUND: An audit by the Clerk of the Court, dated March 27, 2009, concluded that Enterprise had underpaid
fees due to the Key West International Airport. Enterprise has agreed to pay the Airport $16,947.80 for the matters raised
in the Clerk's audit.
PREVIOUS RELEVANT BOCC ACTION: Enacted Resolution 109-2008, regarding off-site rental car agencies payment of
8% of the annual gross revenues generated from customers at the Key West International Airport.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: None INDIRECT COST: N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
BUDGETED: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNT OF SETTLEMENT: $16,947.98
APPROVED BY: County Attorney X
OMB/Purchasing N/A
Risk Management N/A
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
SETTLEMENT AGREEMENT BETWEEN ENTERPRISE LEASING CORPORATION
OF FLORIDA LLC AND MONROE COUNTY
Enterprise Leasing Corporation of Florida, LLC, a Florida limited liability
corporation (hereafter "Enterprise") and Monroe County (hereafter "County"), a political
subdivision of the State of Florida, enter into this agreement dated February 17, 201 0, to
settle the matter between them.
WHEREAS, Monroe County owns and operates the Key West International
Airport, and
WHEREAS, Enterprise Rental Cars is owned by Enterprise Leasing Corporation
of Florida, LLC, and
WHEREAS, Enterprise Rental Cars is one of three off site rental car agencies
soliciting clients at Key West International Airport, and
WHEREAS, the County enacted resolution 109-2008 which requires off-site
rental car agencies to pay 8% of the annual gross revenues of all contracts generated from
customers picked up at the Key West International Airport, and
WHEREAS, the Monroe County Clerk of Courts performed an audit dated March
27, 2009 entitled "Audit Report Of Monroe County And Enterprise Leasing Company
For Offsite Car Rental Fees Due To The Key West International Airport", and
WHEREAS, the Clerk's audit found that Enterprise had underpaid the required
off site car rental agency fee, NOW THERFORE,
IN CONSIDERATION of the promises and conditions contained herein, the
parties agree as follows;
1. The Monroe County Clerk of Court's audit dated March 27, 2009
contained audit conclusions that found that Enterprise had underpaid the fees due to the
Key West International Airport pursuant to Monroe County resolution 109-2008.
2. This agreement is limited to the matters raised in the March 27, 2009
clerk's audit.
3. This agreement is intended to resolve all of the matters raised in the March
27, 2009 clerk's audit.
4. Enterprise agrees to pay Key West International Airport $16,947.80 in
settlement of the matters raised in the March 27, 2009 clerk's audit. The County agrees to
accept $16,947.80 in final settlement of the audit findings raised in the March 27,2009
clerk's audit.
" .
. .j,'
5. Notwithstanding paragraph 2, Enterprise agrees that all future accounting
of its gross revenue receipts shall include the following: (i) a separate numbering system,
identifying the location of each transaction, for transactions in connection with the
County's Ground Transportation Resolution (Resolution No.185-2009), (ii) a compiled
report of rental agreements showing all Airport Gross Revenue Receipts and Gross
Revenue Receipts by location. The Report shall be itemized by location and totaled by
month. The monthly total shall correspond with the amounts reported to the County and
shall be reconciled to the amounts posted on Enterprise's ledger.
6. By entering in to this agreement, both parties agree to waive any and all
claims whatsoever that it could have raised as a result of the March 27, 2009 clerks audit.
7. Both parties warrant that they have had an opportunity to consult with
counsel before entering in to this agreement.
8. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
A TIEST:
DANNY L. KOHLAGE
CLERK OF THE COURT
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
ENTERPRISE LEASING COMPANY OF
FLORIDA, LLC
By:lf;-e. ~
witiless
B}':=-.\ ._~::;.,- > ., \ '\ '..
--"
._,,--~
Date: 2/-:J- ( , D
Title: \ .
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Date:
\
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M:;~';109:;JUN I ye,; I. ..CY. j n
;;\j~J'/i~ .c,:; r,! f)_~7-(/--LCC~
p ~_ . ().J ,',':: ~, : il<7 -_.." .:..._;;. '- ". - - ^
. ~.ss,:o ".^,,, I C>"j.': ...., ,:.~Y" /ZZ/I ~
Da,_ ___ _______ (.------.-bf
~ nterprise
_. ~ :: I . ,I: . .
Commerce Bank of St. Louis
Hannibel. UO 63401
80-491815
CHECK NO. 0000046300
DATE I 0210212010 I
orida, LLC
Group 41EE
11945 SW 140th Ter
Miami, FL 33186
305/278-2900
$16,947.80
PAY Sixteetl Thousalld Nine HUlldred Forly-Sewll alld 801100t115 Dollars
TO THE I Monroe County
ORDER 3491 S. Roosevelt Blvd
OF Key West, FL 33040
Enterprise Leasing Company of Florida, LLC
\/OlD IF NOT PRESENTED FOR PAYMENT WITHIN 180 OAYS
//. ~-- ~
_.~. . ._~-_._.-
___.____...$__....,.......___.__
11"00000.. b 310011" 1:08 Ii 500.. 9311:
31 50 ?O 231 Ii sU"
Invoice No. Date Voucher ID Paid Amount Payment Messalle
01/31/2010 01/31/2010 00152908 16,947.80 AUDIT SETTLEMENT
RECE VED
FED I ) 2010
AIRPORl 5 - BEM
Enterprise Leasing Company of Florida, LLC
Group 41EE
11945 SW 140th Ter
Miami. FL 33186 3051278-2900
Vendor # Vendor Name
0000065746 Monroe County
Check #
Total Paid Amount
0000046300
$16,947.80
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Bulk Item: Yes XX No
Division: Airports
Staff Contact Person: Peter Horton/Pedro Mercado
AGENDA ITEM WORDING: Approval of conservation easements for mitigation areas 1,2 and 3,
pursuant to SFWMD and ACOE permitting conditions, for the Key West International Airport's
Runway Safety Area project.
ITEM BACKGROUND: The County applied for and has now received permits from the SFWMD
and from the ACOE as part of the Key West International Airport Runway Safety Area Project. As part
of the application process the County, at its November 19, 2008 regularly scheduled board meeting,
approved resolution 353-2008 committing to the execution of conservation easements once the County
received the SFWMD permit. The Project is being funded by grants from the FAA and is designed to
bring the Runway Safety Area compliant with FAA design standards to the maximum extent
practicable. The project will involve filling, reconfiguring and restoring tidal flow to a pond at the west
end of the runway. As a condition ofreceiving the permits, and as part of the mitigation for the project,
before the construction begins the County is required to place 3 mitigation areas, including the
reconfigured pond, under a conservation easement. The mitigation areas have been surveyed, reviewed,
presented to and accepted by both the SFWMD and the ACOE. The County has already let the contract
for construction of the project, contracted for the materials needed and, subject to scheduling, is ready
to begin the project pending recordation of the easements.
PREVIOUS RELEVANT BOCC ACTION: Approved resolution no. 105-2008, Approved
resolution 353-2008
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
APPROVAL
TOT AL COST: N/A
COST TO COUNTY:N/A
BUDGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING: Yes
No XX
AMOUNT PER MONTH
APPROVED BY: County Atty LL OMB/PurchasingN / A Risk Management ,; / A
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: South Florida Water Management District
Effective Date: Execution
Expiration Date: nla
Contract Purpose/Description: Deed of Conservation Easement (3)
Contract Manager: Peter Horton
(name)
# 5200
(Ext.)
Airports.. Stop # 5
(Department! Stop)
___J
for BOCC meeting on: 3/17/10
Agenda Deadline: 3/2/10
CONTRACT COSTS
Total Dollar Value of Contract: None
Budgeted? nla
Grant: nla
County Match: nla
Current Year Portion: nla
Account Codes:
Estimated Ongoing Costs: nla
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janit~rial, salaries, etc.)
CONTRACT REVI EW
Date In
Changes
Needed Reviewer Date Out
Yes No ~"
) ('Il 31 2./...1D
) ( ) A//A _/~-
for Risk Management
) ( ) A//.A _I_I-
) ( ) ~ forOMM ~...LJ JO
Q, J ~ci eJL~ J~
County Attorney
Airports Director ~/_~JJQ..
Risk Management ~_I_
O.M.B.lPurchasing _1_1_
County Attorney ~_I_
Comments:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
Return recorded document to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210
West Palm Beach, FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this _ day of ,
20_, by Monroe County ("Grantor") whose mailing address is 500 Whitehead Street. Key
West. FL 33040 to the South Florida Water Management District ("Grantee"). As used
herein, the term "Grantor" shall include any and all heirs, successors or assigns of the
Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term
"Grantee" shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Monroe County,
Florida, and more specifically described in Exhibit "A" attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct Key West International Airport Runway
Safety Area Improvement Proiect ("Project") at a site in Monroe County, which is subject to
the regulatory jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 44-00149-S ("Permit") authorizes certain activities
which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or
mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement as
defined in Section 704.06, Florida Statutes, over the area described on Exhibit "8"
("Conservation Easement").
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit,
together with other good and valuable consideration, the adequacy and receipt of which are
hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on
Form 1190 (Mod.11/200B)
Deed of Conservation Easement - Standard
Page 1 of6
j
Exhibit "8" which shall run with the land and be binding upon the Grantor, and shall remain
in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are
hereby incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or
water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded
condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those
wetland and/or upland areas included in this Conservation Easement which are to be
enhanced or created pursuant to the Permit shall be retained and maintained in the
enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with
this Conservation Easement and to enforce the restoration of such areas or features of the
Conservation Easement that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance
and monitoring activities, or surface water management improvements, or other activities
described herein that are permitted or required by the Permit, the following activities are
prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for
the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
Form 1190 (Mod.11/2008) Deed of Conservation Easement - Standard
Page 2 of 6
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas:
h. Acts or uses which are detrimental to the preservation of the structural
integrity or physical appearance of sites or properties having historical, archaeological, or
cultural significance.
4. Grantor's Reserved Riqhts. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein
and which are not inconsistent with any District rule, criteria, permit and the intent and
purposes of this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Property.
7. Propertv Taxes. Grantor shall keep the payment of taxes and assessments
on the Easement Parcel current and shall not allow any lien on the Easement Parcel
superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination
of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to,
elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the
amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs,
with interest at the maximum rate allowed by law, no later than thirty days after such
payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to
Grantee shall constitute a lien against the Easement Parcel which shall automatically relate
back to the recording date of this Easement. Grantee may foreclose this lien on the
Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assianment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this
Conservation Easement except to another organization or entity qualified to hold such
interests under the applicable state laws.
10. Severabilitv. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the
provisions of this Conservation Easement shall not be affected thereby, as long as the
purpose of the Conservation Easement is preserved.
Form 1190 (Mod.11f2008)
Deed of Conservation Easement - Standard
Page 3 of 6
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party or successor-in-
interest.
13. Modifications. This Conservation Easement may be amended, altered,
released or revoked only by writlen agreement between the parties hereto or their heirs.
assigns or successors-in-interest, which shall be filed in the public records in Monroe
County.
14. Wildlife Hazards. Nothing in this document prohibits the Grantor from
entering the Conservation Easement area to conduct temporary, non-habilaUwelland
allering taelics (i.e., us," of bird scare devices) as needed to address a wjJdlife hazard.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a serv~ude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Conservation Easement is free and clear of all
encumbrances that are inconsistent with the terms of this Conservation Easement; and all
mortgages and liens on the Conservation Easement area, if any, have been subordinated to
this Conservation Easement; and that Grantor has good right and lawful authority to convey
this Conservation Easement; and that it hereby fully warrants and defends the tille to the
Conservation Easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEROF, the Monroe County Board of County Commissioners (Grantor) has
hereunto set its authorized hand this _ day 01 ,20_.
SEAL)
A TIEST: DANNY L. KOLHAGE, CLERK
. BOARD OF COUNTY COMMISSIONERS
, OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Sylvia Murphy
Form 1190 (Mod. 11J20081 Deed 01 ConseMllion Easement - Standard
Page 4 olS
;.
EXHIBIT "A"
, '
ATLANTIC
OCEAN
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
SPECIFIC PURPOSE SURVEY
Own No.:
08-273
Scale:
Ref.
Flood panel No.
Own. B : F.H.H.
Flood Zone: Flood Elev,
AE-VE
REVISIONS AND OR ADDITIONS
6 ;) 08: U ate scale to 8 1 2 x 11 a er
Dote:
of sfwm easement.s
Sheet 1 of 7
FREDERIQ(
1It.atEEA
H. HII...DEBRANDT
PlANNER IUIMa
3152 NOr",:hside Drive
Suite 20
Key West, 1'1. 3.3040
(J05) 29:\--0466
Fox_ (30.S) 293-0237
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Civil-Defense
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Approx. edge of fiN
CURVF TARI E
NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING
2 175.00' 28'42'05" 87.66' 44.77' 86.75' S.75'57'17"E.
3 225.00' 51.,7'55" 240.72' 133.33' 229.40' S.30.57' 17"E.
4 60.00' 90.00'00" 94.25' 60.00' 84.85. N.45'18'19"W.
5 190.00' 51'17'55" 203.27' 112.59' 193.72' N.30.S7' 1 7"w.
6 140.00' 28'42'05" 70.13' 35.82' 69.40. N.75'57' 17"W.
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
SPECIFIC PURPOSE SURVEY
Sheet 2 of 7
FREDERICK
~
H. HlDEBRANDT
fUNNIR IUIM:IGR
AE-VE
REVISIONS AND OR ADDITIONS
6 3 OB: U dote scale to 8 1 2 x 11 Q er'
3152 Northside Drive
Suite 201
Key West, Ft. 33040
(305) 293-0466
Fa.. (305) 293-0237
fhlldeb l@bellsouth.net
r dw monroe count co of sfwm easements
Legal Description: Easement 1:
(Prepared by undersigned)
A parcel of land located in Monroe County situated Westerly of Runway 9-27 of the
Key West International Airport and better described as follows:
Commence at the Northeast corner of Parcel 46 according to Plat Book 4 Page 69
as recorded in the Monroe County Public Records; thence N.77'59'Ge"E. along the
Northerly edge of a 100 foot wide privqte road easement for a distance of 101.65
feet; thence N.Ol'39'54'iw., a distance of 709.38 feet to the Point of Beginning;
thence continue N.01'39'54"W., a distance of 159.23 feet; thence N.88'58'38"W., a
distance of 541.36 feet to the point of curvature of a curve to the left, having: a
radius of 451.00 feet, 0 central angle of 17'32'43", a tangent length af 69.60 feet, 0
chord bearing of S.8715'00"W. and a chord length af 137.57 feet; thence along the
ore of said curve, on ore length of 138.11 feet to the point of tangency of said
curve; thence 5.73'28'38"W., 0 distance of 55.22 feet; thence 5.03'14'33"E., 0 distance
of 366.15 feet; thence N.84' 47' 40"E., a distance of 36.07 feet; thence S.44' 34' 49"E., a
distance of 22.97 feet; thence $.32'57'34"E., a distance of 40.91 feet; thence $.05'
02'04"W., a distance of 37.76 feet; thence 5.60'11'22"E., a distance of 40.14 feet;
thence $.70'47'15"E., 0 distance of 29.58 feet; thence $.34'28'12"E., a distance of
23.50 feet; thence S.62'25'31 "E., 0 distance of 34.07 feet; thence S.68'49'OO"E., a
distance of 22.21 feet; thence 5.24'43'16"E., a distance of 33.61 feet; thence S.59'
15'06"E., 0 distance of 36.12 feet; thence 5.49'55'32"E., a distance of 37.03 feet;
thence N.71'39'49"E., a distance of 9.07 feet; thence S.54'37'43"E., 0 distance of
42.70 feet; thence N.77'4S'40"E., a distance of 52.38 feet; thence N.57'14'14"E., a
distance of 16.28 feet; thence N.00'18'19"W., a distance of 41.87 feet; thence 5.89'
41'41"W., a distance of 66.00 feet; thence f\l.00'18'19"W., a distance of 420.00 feet;
thence N.89'41 '41"[., a distance of 403.20 feet back to the Point of Beginning.
Parcel contains 236605 square feet or 5.43 acres, more or less.
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 4 of 7
FREDERICk
~
H. HILDEBRANDT
PUllER SlIWEa
SPECIFIC PURPOSE SURVEY
Dw" No.;
08-273
Scale; 1 "=50' I Ref. Flood ponei...~~' I< Own. By; F.H.H.
Dote; 5/21/08 I Flood Zone; AE-VE Flood ElevR._10,
REVISIONS AND OR ADDITIONS
6/3/08; Uodote scole to 8 1/2 x 11 DODer
3152 Norths;de Drive
Suite 201
Key West, FI. 33040
(305) 293-0466
Fa,. (305) 293-0237
fhildeb 1 ~bellsouth.net
f\dwa\monroe countv\corlV of sfwm easements
LESS AND EXCEPT:
(Prepared by undersigned):
A parcel of land located in Monroe County situated Westerly of Runway 9-27 of the
Key West International Airport and better described as follows:
Commence at the Northeast corner of Parcel 46 according to Plat Book 4 Page 69
as recorded in the Monroe County Public Records; thence N.7759'06"E. along the
Northerly edge of a 100 foot wide private road easement for a distance of 101.65
feet; thence N.01'48'29"W., a distance oL:868.63 feet;. thence N.88'58'38"W.. a
distance' of 541.02 feet to the point of curvature of a curve to the left, having: a
radius of 451.00 feet, a central angle of 17'32'43", a tangent length of 69,60 feet, a
chord bearing of S.82' 15'00"W. and a chord length of 137.57 feet: thence along the
arc of said curve, an arc length of 138.11 feet to the point of tangency of said
curve; thence S.73"28'3S"W" a distance of 55.22 feet; thence S.03'14'33"E., a distance
of' 262.89 feet to the Point of Beginning; thence N.89' 41' 41 "E., a distance of 48.82
feet to the point of curvature of a curve to the right, having: a radius of 175,00
feet, a central angle of 28'42'05", a tangent length of 44.77 feet, a chord bearing of
5.75"57'17"[, and a chord length of 86.75 feet; thence along the arc of said curve,
an arc length of 87.66 feet to the point of tangency of said curve; thence 5.61'
36'14"E., a distance of 77.46 feet to the point of curvature of a curve to the right,
having: a radius of 225.00 feet, a central angle af 61"17'55", a tangent length of
133.33 feet, a chord bearing of S.30"57'17"E. and a chord length of 229.40 feet;
thence along the arc af said curve, an arc length of 240.72 feet to the point of
tangency of said curve; thence 5.00'18'19"E., a distance of 39.88 feet; thence N.89"
41'41"E., a distance of 66.00 feet; thence 5.00'18'19"[., a distance of 37.00 feet;
thence 5.89'41' 41 "W., a distance of 41.00 feet to the point of curvature of a curve
to the right, having: a radius of 60.00 feet, a central angle of 90'00'00", a tangent
length of 60.00 feet, a chord bearing of N.45'18'19"W. and a chord length of 84.85
feet: thence along the arc of said curve, an arc length of 94.25 feet to the point of
tangency of said curve; thence N.00"18' 19"W., a distance of 16.88 feet to the point of
curvature of a curve to the left, having: a radius of 190.00 feet, a central angle of
61'17'55", a tangent length of 112.59 feet, a chord bearing of N.30'57'17"W. and a
chord length of 19.3.72 feet; thence along the arc of said curve, an arc length of
203.27 feet to the point of tangency of said curve; thence N.61"36'14"W., a distance
of 77.46 feet to the point of curvature of a curve to the left, having: 0 radius of
140.00 feet. a central angle of 28'42'05", a tangent length of 35.82 feet, a chord
bearing of N.75'57'17''W. and 0 chord length of 69.40 feet; thence along the arc of
said curve, an arc length of 70.13 feet to the point of tangency of said curve;
,,- --5.8G'41 '41 "w., a di:sta,K-e--of 47.02 feel, tI,en-ce--N.03'14'J3"'y',., u Ji::;lulll.;'" uf
35.05 feet back to the Point of Beginning.
Parcel contains 19280 square feet or 0.44 acres, more or less.
.
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 5 of 7
SPECIFIC PURPOSE SURVEY
Own No.:
08-273
FREDERICK
--
H. HIt.DEBRANDT
PUNNEIt IlAaOR
Flood paneJ "'~~. j(
Flood Zone:
AE-VE
REVISIONS AND OR ADDITIONS
6/3/08: Uadole scale 10 8 1/2 x 11 DODer
Scale: 1"=50'
Dote: 5/21/08
I Ref.
I
Own. Bv: F.H.H.
Flood Elevir_10.
31 52 Northside Drive
Suile 201
Key West. FI. 33040
(305) 293-0466
Fax. (305) 293-0237
fhildeb l@bellsoulh.net
f\dwo\monroe counlv\coDv of sfwm easements
.,..,..
LINE TABLE LINE TABLE LINE TABLE
Line Bearing Distance Line Bearing Distance Line Bearing Distance
L1 N.84'47'4o"E. 36.07' L17 S. 69'20' 47 "w. 10.87' L39 S.35'56'27"W. 50.34
L2 S.44" 34' 49"E. 22.97' L18 5.08'oS!34"W. 34.76' L40 S.30'32'lo"W. 59.25
L3 S.32'57'34"E. 40.91' L19 N.88'44'29"W. 33.95' L41 S.37'45'04"W. 41.83
l4 S.05'02'04"W. 37.76' L20 S.SS'15'56"W. 28.17' L42 S.18'45'27"W. 38.83
L5 5.60'11'22"E. 40.14' L21 N..32'OS' 42"W. S5.11' L43 5.28'36'Sl "w. 79.19
L6 5.70'.11-7' lS"E. 29.58' L22 N.'4.4'09'49"E. 24.82' L44 5.28'OS'23"W. 72.29
L7 S.34'28'12"E. 23.50' L23 N.l0'22'19"W. 8.76' L45 S.29'4S'OO''W. 49.4 7
LS S.62"25'31 "E. 34.07' L24 N. 78' 33'S6"W. 10.47' L46 S.29'36'22"W. 22.14
L9 S.6S" 49'OO"E. 22.21' L2S 5.44'17'S7"W. 22.20' L47 5,32'lS'04"W. 16.26
l10 5.24'43' 16"E. 33.61' L26 S.68'46'36"W. 14.91 ' L48 5.32'28'29''W. 32.86
L 11 5.59'15'06"E. 36.12' L27 N.57'36'36"W. 35.96' L49 5.32'43'10"W. 44.46
L12 5.49"55'32"E. 37 .O3~' L28 5.40'49'21"W. 26.33' LSD 5.32'4S'S6"W. 48.33
l13 N. 71' 39' 49"E. 9.07' L29 S.34'12'41 "W. 46.94' l51 5.31'40'51 "W. 21.39
L30 5.51'S4'10"W. 34.55'
L14 5.S4'37'43"E. 42.70' L31 S.39'54'.27 "w. 65.40' L52 5.30'44'3S"W. 60.0.3
l15 N.77"45'40"E. 52.38' L32 S.OS'07'23"W. 27.86' L53 5.46'01 '26"E. 16.51
l16 N.57'14'14"E. 16.28' L33 5.3S"SS'31 "w. 46.16' L54 5.11'25'57"E. 43.84
L60 N.89' 41 '41 "E. 48.S2' L34 S.00'36'40"E. 67.98' LS5 5.07'21 '04"E. 30.64
L61 5.61'36'14"E. 77.46 ' L35 S.24'4S'22"W. 82.37' l56 S.22'4S'16"E. 47.09
L62 5.00'18' 19 "E. 39.88' L36 S.15'49'26"E. 20.90' LS7 5.3S'21 '29"E. 39.4~1
L63 N.89'41 '41 "E. 66.00' L37 5.oS'19'52"E. 17.15' L58 5.31' 30'04"E. 33.04
l64 S.00'18'19"E. 37.00' L38 N.30'25'11'W 26.07' L59 S.17'45'18"W. 28.92
L6S S.S9'41'41 "w. 41.00'
L66 N.00'18'19"W. 16.88'
L67 N.61'36'14"W. 77.46'
L68 S.89'41'41"W. 47.02'
L69 N.03'14'33"W. 35.05'
CERTIFICATION:
I HEREBY CERTIFY that t e attached SPECIFIC PURPOSE SURVEY
is true and carrect to t best af my knowledge and beleif; that it meets the minImum
technical standar ado ed by the Florida Board of Land Surveyors, Chapter 61 G17-6,
Florida Statute S tjon . and the American Land Title Association, and that
there are no vis Ie n rlpachments unless shown hereon.
I
I
FREDERICK H. HILDEBRAN T
Professional Land Surveyor & Mapper No. 2749
Professional Engineer No. 36810
State of Florida
NOT VALID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WE5T INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 7 of 7
SPECIFIC PURPOSE SURVEY
Own No.;
08-273
FREDERICK H. HI.DEBRANDT
...... PI.IIeB IIURVEa
3152 North.ide Drive
Suite 201
Key We.!. FI. 33040
(305) 2S3-0466
Fa". (305) 293-0237
fhildeb 1 Obellsouth.nel
of sfwm easements
EXHIBIT "B"
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KEY WEST INTERNATIONAL AIRPORT
RUNWAY SAFETY AREA IMPROVEMENTS
ERP APPLICATION
PROPOSED MITIGATION AREAS
AND CONSERVATION EASEMENTS
[:]
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
Return recorded document to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210
West Palm Beach, FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this _ day of ,
20_, by Monroe County ("Grantor") whose mailing address is 1100 Simonton Street, Key
West. FL 33040 to the South Florida Water Management District ("Grantee"). As used
herein, the term "Grantor" shall include any and all heirs, successors or assigns of the
Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term
"Grantee" shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Monroe County,
Florida, and more specifically described in Exhibit "A" attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct Key West International Airport Runway
Safety Area Improvement Proiect ("Project") at a site in Monroe County, which is subject to
the regulatory jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 44-00149-S ("Permit") authorizes certain activities
which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or
mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement as
defined in Section 704.06, Florida Statutes, over the area described on Exhibit "8"
("Conservation Easement").
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit,
together with other good and valuable consideration, the adequacy and receipt of which are
hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on
Form 1190 (Mod.11/2008)
Page 1 of6
Deed of Conservation Easement - Standard
~
Exhibit "8" which shall run with the land and be binding upon the Grantor, and shall remain
in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are
hereby incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or
water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded
condition and to retain such areas as suitable habitat for fish, plants or wildlife Those
wetland and/or upland areas included in this Conservation Easement which are to be
enhanced or created pursuant to the Permit shall be retained and maintained in the
enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with
this Conservation Easement and to enforce the restoration of such areas or features of the
Conservation Easement that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance
and monitoring activities, or surface water management improvements, or other activities
described herein that are permitted or required by the Permit, the following activities are
prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for
the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
Form 1190 (Mod.11/2008)
Deed of Conservation Easement - Standard
Page 2 of 6
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of the structural
integrity or physical appearance of sites or properties having historical, archaeological, or
cultural significance.
4. Grantor's Reserved Riqhts. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein
and which are not inconsistent with any District rule, criteria, permit and the intent and
purposes of this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments
on the Easement Parcel current and shall not allow any lien on the Easement Parcel
superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination
of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to,
elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the
amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs,
with interest at the maximum rate allowed by law, no later than thirty days after such
payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to
Grantee shall constitute a lien against the Easement Parcel which shall automatically relate
back to the recording date of this Easement. Grantee may foreclose this lien on the
Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assiqnment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this
Conservation Easement except to another organization or entity qualified to hold such
interests under the applicable state laws.
10. Severabilitv. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the
provisions of this Conservation Easement shall not be affected thereby, as long as the
purpose of the Conservation Easement is preserved.
Form 1190 (Mod.11/2008)
Deed of Conservation Easement - Standard
Page 3 of 6
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given ff sent by United States
certified mail, return receipt requested, addressed to the appropriate party or successor-in-
interest.
13. Modifications. This Conservation Easement may be amended, altered,
released or revoked only by wrillen agreement between the parties hereto or their heirs,
assigns or successors-in-interest, which shall be filed in the pubiic records in Monroe
County.
14. Wild/ffe Hazards. Nothing in this document prohibits the Grantor from
entering the Conservation Easement area to conduct temporary, non-habitatlweUand
altering tactics (i.e.. use of bird scare devices) as needed to address a wildlife hazard.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon
Grantor. and shall conlinue as a servitude running in perpetuity with Ihe Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Conservation Easement is free and clear of all
encumbrances that are inconsistent with the terms of this Conservation Easement; and all
mortgages and liens on the Conservation Easement area, jf any, have been subordinated to
this Conservation Easement; and that Grantor has good right and lawful authority to convey
this Conservation Easement; and that it hereby fully warrants and defends the litle to the
Conservation Easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEROF, the Monroe County Board of County Commissioners (Grantor) has
hereunto set its authorized hand this _ day of , 20_
SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
, OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Sylvia Murphy
Fonn 11 SO (Mod.111200B) Deed of Conservation Easement - Standard
Page 40f6
:)..
EXHIBIT "A"
ATLANTIC
OCEAN
KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUN1Y
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
SPECIFIC PURPOSE SURVEY
Own No.:
08-273
Scale: 1 "", 1200'
Dote: 5/21/08
REVISIONS
6 3 08: U date, scale to 8 1 2 . 11 a er
B 21 09: Revise Easement West line areel 39
Own. By: F.H.H.
Flood Elev.
8'-10'
of sfwm easements
.".....
Sheet 1 of 7
ISLAND SURVEYING INC.
ENGINEERS PlANNERS SURYDORS
3152 North.ide Drive
Suite 201
Key West. Fl. .33040
(305) 293-0466
Fax. (305) 293-0237
fhildebl@bellsouth.net
s. 1 9"03'22"E.
o C 'E, \...
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"~.. '!J?;
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KEY WEST INTERNATIONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNAT!ONAL AIRPORT, KEY WEST, FL 33040
SPECIFIC PURPOSE SURVEY
Sheet 3 of 7
Ref.
3152 Northside Drive
Suit.. 201
Key West, FI. 3.3040
(.305) 29.3-0466
Fa,. (.305) 293-0237
fhildeb 1 Obeilsouth.net
08-273
ISLAND SURVEYING INC.
ENGINEERS PLANNERS SURYEroRS
Scale: 1 "=200'
Dote: 5/21/08
REVISIONS AND OR ADDITIONS
6 3 08; U dote, scale to 8 1 2 x 11 0 er
8 21 09: Revise Easement West line areel 39
Flood Zone:
of sfwm easements
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Legal Description: Easement 2:
(Prepared by undersigned):
A parcel of land located in a portion of Parcels 39 and 40 on the Island of Key West
according to Plat Book 3 at Page 3S and better described as follows:
Commence at the Northeast corner of Parcel 34 as shown on "Plat of Survey of
Lands on the Island of Key West", Monroe County, Florida; recorded in Plat Book 3 at
Page 3S of Monroe County Official Records; thence N.19'03'22"W., along the West line
of Roosevelt Boulevard for a distance of SO.OO feet; thence S.70'S6'38"W., a distance
of 1400.36 feet to the East line of said Parcel 39; thence S.19'03'22"E. along said
East line of Parcel 39 a distance of 1245.0S feet to the Point of Begin ning; thence
S.69'20'47"W., a distance of 10.S7 feet; thence S.08'05'34"W., a distance of 34.76
feet; thence N.88'44'29"W., a distance of 33.9S feet; thence S.55'15'S6"W.. a distance
of 28.17 feet; thence N.32'08'42'W., a distance of 85.11 feet; thence N.44'09'49"E., a
distance of 24.82 feet; thence N.l0'22'19''W., a distance of 8.76 feet; thence N.78'
33'56"W., a distance of 10.47 feet; thence S.44'17'57"W., a distance of 22.20 feet;
thence S.68'46'36"W., a distance of 14.91 feet; thence N.5T36'36"W., a distance of
35.96 feet; thence S.40'49'21''W., a distance of 26.33 feet; thence S.34'12'41 "W., a
distance of 46.94 feet; thence S.51'54'10"W., a distance of 34.55 feet; thence $.39'
54'27"W.. a distance of 65.40 feet; thence S.05'07'23"W., a distance of 27.86 feet;
thence S.35'S5' 31 'W., a distance of 46.16 feet; thence S.OO' 36' 40"E., a distance of
67.98 feet; thence S.24'48'22"W., a distance of 82.37 feet; thence S.15'49'26"E., a
distance of 20.90 feet; thence S.08'1 9' 52"E., a distance of 17.15 feet; thence N .30'
25'11 "W., a distance of 26.07 feet; thence S.35'S6'27"W., a distance of 50.34 feet;
thence S.30' 32' 1 O"W., a distance of 59.25 feet; thence S.37' 4S'04"W.. a distance of
41.83 feet; thence S.18'4S'27"W., a distance of 38.83 feet; thence S.28'36'51 "W., a
distance of 79.19 feet; thence S.28'OS'23"W., a distance of 72.29 feet; thence S.29'
48'OQ"W., a distance of 49.47 feet; thence S.29'36'22"W., a distance of 22.14 feet;
thence S.32'15'04"W., a distance of 16.26 feet; thence S.32"28'29"W., a distance of
32.86 feet; thence S.32"43'10"W., a distance of 44.46 feet; thence S.32'45'56"W., a
distance of 48.33 feet; thence S.31'40'51 "W., a distance of 21.39 feet; thence S.30'
44'35"W., a distance of 38.42 feet to the West line of Parcel 38; thence
S.19'03'22"E., along the said West line of Parcel 39, a distance of 248.68 feet to the
Northerly boundary line of the Key West Airport; thence S.86' 31 '54"E. along said
Northerly boundary line of the Key West Airport, a distance of 976.15 feet to the
Westerly boundary line of Parcel 38; thence N.19'03'22"W. along said Westerly boundary
line of Parcel 38, a distance of 1194.51 feet back to the Point of Beginning.
Parcel contains 722,252 square feet or 16.58 acres, more or less.
KEY WEST II'JTERNArIONAL AIRPORT FOR MONROE COUNTY
,I{EY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 6 of 7
SPECIFIC PURPOSE SURVEY
Scale: 1 "=50' I Ref. I Flood poneL~~~. K
Date: 5/21/08 I IFloOd Zone: AE-VE
REVISIONS AND/OR ADDITIONS
613/08; Update, scale to 8 1/2 ~ 11 paper
8/21/09: Revise Easement West line parcel 39
Own No.;
08-273
ISLAND SURVEYING INC.
ENGINEERS FUNNERS ~
Own. By; F.H.H.
Flood ~Iev.
8'-10'
3152 Northside Drive
Suite 201
Key West, FI. 33040
(305) 293-0466
Fa~. (305) 293-0237
fhildeb I@bellsouth.net
f\dwa\monroe cauntv\coov of sfwm easements
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. ,.----_._.._-----_.._---_._..~-.- ' ----.-- _._~.-,- --
LINE TABLE - LINE TABLE LINE TABLE
Line Bearing Distance Line Bearing Distance Line Bearing Distance
Ll N.84'47'40"E. 36.07' L17 S.69'20'47"W. 10.87' U9 S.3S'S6'27"W. 50.34.
L2 5.44'34'49"E. 22.97' L1S S.OS'OS'34"W. 34.76' L40 S.30'32'10"W. 59.25'
U 5.32'S7'34"E. 40.91' L19 N.88'44'29"W. 33.95' L41 S.37'4S'04"W. 41.83'
L4 S.OS'02'04"W. 37.76' L20 S.S5'15'56"W. 28.17' L42 S.IS'4S'27''W. 38.83'
L5 5.60'11'22"E. 40,14' L21 N.32'08'42"W, 85.11' L43 S.28'36'Sl"W. 79.19'
L6 S.70'47,15"E. 29.5S' L22 N.44'09'49"E. 24.SZ' L44 S.ZS'OS'23"W. 72.Z9'
L7 S.34'28'lZ"E. 23.50' L23 N.l0'22'19"W. 8.76' L45 S.29'4S'OO"W. 49.47'
L8 S.6Z'2S'31 "E. 34.07' L24 N.7S'33'S6"W. 10.47' L46 S.29'36'22"W. 22.14'
L9 S.68'49'OO"E. 2Z.21' LZS S.44'17'57"W. 2Z.20' L47 S.32'1S'04"W. 16.26'
L10 S.24'43'16"E. 33.61' LZ6 S.6S'46'36"W. 14.91' L48 5.32'ZS'29"W, 32.86'
L11 S.S9'1S'06"E. 36.12' LZ7 N.57'36'36"W. 35.96' L49 5.32'43'10''W, 44.46.
L12 S.49'5S'32"E. 37.03' LZ8 S.40'49'Z1"W. 26.33' LSO S.32'4S'S6"W. 48.33'
L13 N.71'39'49"E. 9.07' L29 S.34'12'41 "w. 46.94' LSl S.31'40'51"W. 21.39 '
UO S.51'S4'10"W. 34.55'
L14 S.54'37'43"E. 42.70' Ul S.39'S4'Z7"W. 65.40' LS2 S.30'44'3S''W. 38.42'
L1S N.7T4S'40"E. 52.3'8' L32 S.OS'07'Z3"W. 27.S6' LS3 S.19'03'22"E. 248.68'
L16 N.ST14,14"E. 16.Z8' U3 S.35'SS'31"W. 46.16'
L60 N.89'41 '41 "E. 48.82' L34 S.00'36'40"E. 67.98'
L61 S.61'36'14"E. 77.46' U5 S.Z4'48'Z2"W. 8Z.37'
L62 S.00'18'19"E. 39.88' U6 S.1S'49'Z6"E. 20.90'
L63 N.89'41'41 "E. 66.00' L37 S.08'19'52"E. 17.15'
L64 S.00'18'19"E. 37.00' L38 N.30'2S'11"W. 26.07'
L65 S.89'41 '41"W. 41.00'
L66 N.00'18'19"W. 16.88'
L67 N.61'36'14"W. 77.46'
L68 S.89'41'41"W. 47.0Z'
L69 N.OS 14'33"W. 3S.05'
CERTIFICATION:
I HEREBY CERTIFY that~ t attached SPECIFIC PURPOSE SURVEY
is true and correct to th best of my knowledge and beleif; that it meets the minimum
technical standards ado} d by the Florida Board of Land Surveyors, Chapter 61 G 17 -6,
Florida Statute Snction l 2.0Z7, and the American Land Title Association, and that
there are no vrf'ey" ents unless shown hereon. .
/ l ~\, ,
FREDERICK H. HILDEBRANDT
Professional Land Surveyor & Mapper No. 2749
Professional Engineer No, 36810
State of Florida
NOT VAL,ID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE
KEY WEST INTERNATiONAL AIRPORT FOR MONROE COUNTY
KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL 33040
Sheet 7 of 7
SPECIFIC PURPOSE SURVEY
Own No,:
08-273
ISlAND SURVEYING INC.
ENGINEERS PLANNERS SURVE't'ORS
Scale: 1 "=50' I Ref. I Flood pane~,,~~' ...
Dote: 5/21/08 I IFlood Zone: AE-VE
REVISIONS AND/OR ADDITIONS
6/3/08. Uodate, scole to 8 112 x 11 DODer
8/21/09: Rev;se Easement West line oarcel 39
Own. By: F.H.H.
Flood Elev.
8'-10'
.3152 Northside Drive
Suite 20 I
Key West. FI. 3.3040
(305) 29.3-0466
Fax. (305) 29.3-0237
fhildeb1@bellsouth.net
f\dwa\monroe county\copy of sfwm easements
.~"".'.,'-
EXHIBIT "B"
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KEY WEST INTERNATIONAL AIRPORT
RUNWAY SAFETY AREA IMPROVEMENTS
ERP APPLICATION
PROPOSED MITIGATION AREAS
AND CONSERVATION EASEMENTS
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
Return recorded document to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210
West Palm Beach, FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this _ day of ,
20_, by Monroe County ("Grantor") whose mailing address is 1100 Simonton Street. Key
West. FL 33040 to the South Florida Water Management District ("Grantee"). As used
herein, the term "Grantor" shall include any and all heirs, successors or assigns of the
Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term
"Grantee" shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Monroe County,
Florida, and more specifically described in Exhibit "A" attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct Key West International Airport Runway
Safety Area Improvement Proiect ("Project") at a site in Monroe County, which is subject to
the regulatory jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 44-00149-S ("Permit") authorizes certain activities
which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or
mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement as
defined in Section 704.06, Florida Statutes, over the area described on Exhibit "8"
("Conservation Easement").
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit,
together with other good and valuable consideration, the adequacy and receipt of which are
hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on
Form 1190 (Mod.11/2008) Deed of Conservation Easement - Standard
Page 1 of6
$
Exhibit "8" which shall run with the land and be binding upon the Grantor, and shall remain
in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are
hereby incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or
water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded
condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those
wetland and/or upland areas included in this Conservation Easement which are to be
enhanced or created pursuant to the Permit shall be retained and maintained in the
enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with
this Conservation Easement and to enforce the restoration of such areas or features of the
Conservation Easement that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance
and monitoring activities, or surface water management improvements, or other activities
described herein that are permitted or required by the Permit, the following activities are
prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for
the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural or enhanced condition;
Form 1190 (Mod.11/2008)
Deed of Conservation Easement - Standard
Page 2 of 6
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas~
h. Acts or uses which are detrimental to the preservation of the structural
integrity or physical appearance of sites or properties having historical, archaeological, or
cultural significance.
4. Grantor's Reserved Riohts. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein
and which are not inconsistent with any District rule, criteria, permit and the intent and
purposes of this Conservation Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments
on the Easement Parcel current and shall not allow any lien on the Easement Parcel
superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination
of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to,
elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the
amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs,
with interest at the maximum rate allowed by law, no later than thirty days after slJch
payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to
Grantee shall constitute a lien against the Easement Parcel which shall automatically relate
back to the recording date of this Easement. Grantee may foreclose this lien on the
Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assionment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this
Conservation Easement except to another organization or entity qualified to hold such
interests under the applicable state laws.
10. Severabilitv. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the
provisions of this Conservation Easement shall not be affected thereby, as long as the
purpose of the Conservation Easement is preserved.
Form 1190 (Mod.11/2008)
Deed 01 Conservation Easement - Standard
Page 3 016
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party or successor-in-
interest.
13. Modifications. This Conservation Easement may be amended, altered,
released or revoked only by written agreement between the parties hereto or their heirs,
assigns or successors-in-interest, which shall be filed in the public records in Monroe
County.
14. Wildlife Hazards. Nothing in this document prohibits the Grantor from
entering the Conservation Easement area to conduct temporary, non-habitatlwetland
altering tactics (i.e., use of bird scare devices) as needed to address a wildlife hazard.
15. Fire Rescue Traininq. Nothing in this document prohibits the Grantor from
entering the Conservation Easement area to conduct fire rescue training exercises.
16. Manqrove Trimminq. Nothing in this document prohibits the Grantor from
entering the Conservation Easement area to perform mangrove trimming pursuant to
Florida Department of Environmental Protection authorization.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Conservation Easement is free and clear of all
encumbrances that are inconsistent with the terms of this Conservation Easement; and all
mortgages and liens on the Conservation Easement area, if any, have been subordinated to
this Conservation Easement; and that Grantor has good right and lawful authority to convey
this Conservation Easement; and that it hereby fully warrants and defends the title to the
Conservation Easement hereby conveyed against the lawful claims of all persons
whomsoever.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Form 1190 (Mod.11/2008) Deed of Conservation Easement - Standard
Page 4 of 6
IN WITNESS WHEROF, the Monroe County Board of County Commissioners (Grantor) has
hereunlo set its authorized hand this _ _ day of , 20_.
SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
B)'
Deputy Clerk
Mayor Sylvia Murphy
Form 11 gO (Mod,1112008) Deed of Conservation Easement - Standard
Page 5 016
:1
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City of Key W...t dt Stook Island
Sheet 1 of 1 3
Monroe County, Key West International Airport
West, FI. 33040
fREDERICI(
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Own No.:
08-348
No.
Dwn. : F.H.H.
Flood E:lev.
3152 Nor!hside Drive
Suite 201
Key West, Fl. 33040
(305) 293-0466
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Monroe County, Key West International Airport
South Roosevelt Blvd., Key West, Fl. 33040
Specific Purpose Survey, Own No.:
Conservation Easement 08-348
Scale: 1-~400' Ref. No.
file
FREDERICK
-....
He HlLDE8W<<JI"
PUll. .......
Dote:
8/7/08
Own. B : F.H.H.
FlOOd Elev.
3152 Northside Drive
Suite 201
Key West, Fl. 33040
(305) 293-0466
Fax. (305) 293-0237
fhildeb 1@bell.outh.net
REVISIONS AND OR ADDITIONS
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t Key West I~erst Fl. 33040
Monroe Coun Yit Blvd., Key e . Dwn No.:
South Rooseve 08-348
ose Survey,
Specific ~urp Easement N
t on load Ponel o.
Conservo I Ref.
1"=100' file
Scale:
Dole: 8/7/08
Sheet 10
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Flood Elev.
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Key West, '466
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Monroe County, Key West International Airport
South Roosevelt Blvd., Key West, Fl. 33040
Specific Purpose Survey, Own No.;
Conservation Easement 08-348
Ref. Flood ponel No.
file
Scale;
1"=100'
Date;
8/7/08
lo<Xi Zone;
OR ADDITIONS
FREDERICK
....
H. taDEBIWG'r
PIMNIR ......
Own. B : F.H.H.
Flood Elev.
3150 Norti1side Drive
Suit. 10.1
Key West, Fl. 33040
(305) 293-0466
Fo.. (305) 293'-0237
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Conservation Easement
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Scale: 1 =100 file
Date: 8/7/08
REVISIONS
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Monroe County, Key West International Airport
South Roosevelt Blvd.. Key West, FI. 33040
Speci ic Purpose Survey, Dwn No,:
Conservation Easement 08 348
Scole: '"=100' Ref, Flood panel No.
file Own. B : f.H.H.
Date: 8/7/08 Flood lone: Flood Elev.
REVISIONS AND OR ADDITIONS
FREDERICK
.......
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PIN,,, SI8lDaR
.3 1 50 North side Drive
Suite 101
Key West. FI. 33040
(.305) 293-0466
Fax. (305) 293-0237
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Monroe County, Key West International Airport
South Roosevelt Blvd., Key West, Fl. 33040
Sped ic Purpose Survey. Own No.:
Conservation Easement 08-348
Scale: 1"-100' Ref. Flood panel No. B
file Own. : F.H.H.
Dote: 8/7/08 Flood Zone: Flood iev.
REVISIONS AND OR ADDITIONS
FREDERICK
DDe&n
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P&I08 ....
3150 Northside Drive
Suite 101
Key West, FI. 3304D
(305) 293-0466
Fox. (05) 293-0237
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Monroe Co
South Runty. Key W
S . oosevelt Blvd e~t International
peclfic Pur ., ey West, Fl. Airport
Conservet' pose urvey 33040
Ion Ease '
Scale: I" I' ment
00 Ref.
Date: 8/7/0B file Flood ponel No.
Flood ZOr! .
REVIS e.
IONS AND OR
ADDITIONS
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3150 Norths'
Suite 101 ,de Drive
Key We t
(305) ;93 F~ 3304Q
Fox. (305) 466
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Monroe County, Key West International Airport
Sou.th Roosevelt Blvd., Key West, Fl. 33040
Specific Purpose urvey. Own No.:
Conservation Easement 08-348
Scale: 1"= i 00' Ret. Flood panel No.
file
Datoe:
all/08
Flood Zone:
Own. B : F.H.H.
Flood E1ev.
REVISIONS AND OR ADDITIONS
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Sheet 9 of 1,3
f'REDERICI(
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PUNNER UWEWJR
3150 Northside Drive
Suite 101
Key West, Fl. .33040
(305) 293-0466
Fax. (.305) 293-0237
Sheet 3
Sheet 10
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Sheet 10 of 1-1
Monroe County, Key West International Airport
South Roosevelt Blvd., Key West, FI. 33040
Specific Purpose Survey, Own No.:
Conservation Easement 08-348
Scele: 1"=100' Ref. Flood panel No. 8 FHH
file Own. : ...
Flood Zone: Flood Elev.
FREDERICK
......
H. I<<.DE8IWIJ1'
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REVISIONS AND OR ADDITIONS
3150 North.ide Orille
Suite 101
K 8)1 West, Fl. 33040
(305) 293-0466
Fox. (305) 293-0237
O~te:
8/7/08
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CURVE TABLE
NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING
1 425.00' 02'06' 45" 15.67' 7.84' 15.67' S.61'03'40"E.
2 425.00' 03'50'55" 28.55' 14.28' 28.54' S.78'43'54"E.
.3 1 025.00' 17'26'59" 312.17' 157.30' 310.96' S.89'22'51 "E.
LINE TABLE
Line Bearing Distance Line Bearing Distance
L1 5 23"C5'58"E. 13.06' U6 N.71'.39'49"E. 9.07' i
L1A 5.80' 39'21"E, 56.37' U7 5.54'37'43"E. 42.70' I
L2 S.81'S3'40"W. 16.85' L38 N.77'45'40"E, 52.38'
L3 5.08'06' 28"E. 61.51' U9 N.5T14'14"E. 16.28'
L4 5.13" 1 6'59"E. 45.18' L40 5.87'19'49"E. 11.73'
L5 5.3.3'14'53"W. 26.76' L41 5.57'45'03"E. 26.79' ,
L6 5.66'43'04"E. 32.97' L42 5.4.3"42'07"E. 34.12'
L7 5.24'.36'29"E. 57.76' l43 5.24'42'46"E. 11.93'
L8 5.04'19'25"E. 36,44' L44 5.47'44'30"E. 33,09' .
L9 5.22'52'39"W. 69.95' L45 N.52'S7"3S"E 13.55' .
L10 5.51'22'31 "E. 47.21 ' L46 N.31'37'17"E. 8.76'
Lll S.89'14'03"E. 60.56' L47 S.45.48'48"E. 12.57'
L12 N.81'45'36"E. 41.27' L48 S.34'44'34''W. 14,60'
L13 N.89' 38'58"E. 27.18' L49 5.39'17"14"E. 21.75'
L14 N.57'46'50"E. 3~ .39' L50 5.49'47'30"E. 47.85'
L1S 5.85' 43'OS"E. 32.87" L51 5.68'57'16"E. 21.45'
L16 5.63' 19'5S"E. 22.86' L52 5.51'57'59"E. 16.50'
L17 5.40'11 '58'"E. 33.06' L53 N.54'SO'27"E. 8.43'
L18 N.32'23'08"E. 2 7 .43 ' L54 552'07' 53"E. 20.9"
L19 N.86'2Z'Z3'"E. 48.28' L55 5.18'26'01 '"E. 18.14'
L20 N.88"OS'35"E. 36.23' L56 N.62'15' 13'"E. 7.68'
L21 5.49'41'11 "E. 24.84' L57 5.39'32'02"E. 39.77'
L22 N.49.16'S3'"E. 27.86' L58 5.11.33'21"W. 10.59'
L23 5,72'16'38"E. 27.96' L59 5.59'45'18"E. 17.15'
L24 N.84'47'40"E. 43.08' L60 5.4.3'02'27"E. 23.80'
L25 5.44'34' 49"E. 22.97' L61 5.87'16.03"E. 18.90'
L26 S.32'57'34"E. 40.91' L62 N.53"4S43"E. 28.47'
L27 S.OS"02'04"W. 37.76' L63 N.30'43'35"E. 10.76'
L28 5.60'11'22"E. 40.14' L64 N.88"57'58"E. 29.83'
L29 5.70"47' 15"E. 29.58' L65 S.01.39'54"E. 39.12'
L30 S.34'28'12"[. 23.50' -
~~~ ~.62:25:31:E. 3407' - - -
- 22.21 '
.vv -"'''', vv ..t..
L33 5.24'43'16"E. 33.61 '
L34 5.59'15'06"E. 36.12'
U5 S.49'55'32"E. 37.03'
Sheet 11 of 13
Monroe County, Key West International Airport
South Roosevelt Blvd., Key West, Fl. 33040 FREDERICK He HlLDEB'WtDl'
Specific Purpose Survey. Own No.: ........ PUII_ ......
Conservation Easement 08-348
Scale: '"=400' I Ref. Flood panel No. Own. avo F.H.f-l. 31 S2 North.ide Drive
file ['fToOdTQne: lood ~ev. Suite 201
Oote: 8/7/08 I Key West, fl. 33040
REVISIONS AND OR ADDITIONS (305) :293-04-66
Fox. (305) 29.3-0237
fhildebl0bellsouth.net
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LEGAl. DESCRIPTION;
A parcel of land located in Sections 3 and 4, Township 68 South, Range 25 East, on the 1.lond of Key West, Monroe
County, Florida and being more particularly described as follows: Begin at the Northwest corner of the Units<! States
Government East Martello Tower Military Reservation o. shown on 0 map recorded in Plat Book 1 at Page 31 of the
Public Records of Monroe County Florida and .aid paint also being the Southwest corner of Lot 11, Black 2,
"RESUBOIVISION OF BLOCK 2, KEY ESTATES", according to the Plot thereof, os recorded in Plot Book 3, at Page 101
of the Public Records of Monroe County, Florida; thence N.77'35'02"E., along the Southerly line of said "RESU80IVISION
of BLOCK 2, KEY tSTATES", 0 distance of 787.79 feet to a 50 foot wide Access Easement; thence 5.23"06'58"E., a
distance of 13.06 feet; thence 5.60"00'17"E., a distance of 288.91 feet to the point of curvature of a curve to the
left, having: a radius of 425.00 feet, a central angle of 02'06'45", 0 chord bearing of 5.61'03'40"E. end a chord
length of lS.67 feet; thence along the arc of said curve, on arc length of 15.67 feet to the end of said cu",e;
thence 5.7Q'26'04''w., and leaving the said Acce.. Easement of Government Road a distance of 309.01 feet: thence
5.19'33'56"E.. a distance of 70.00 feet; thence N.70'26'04"E., a distance of 392.13 feet to the said Access Easement
of Government Road to a point on n curve to tho left, having; a radius of 4Z5.00 feet, a central angle of OS50'55",
o chord bearing of S,78'43'54"E. and 0 chord length of 28.54 feet; thence along the arc of said curve, an arc length
of 28.55 feet to the point of tangency of said curve: thence 5.80'39'2' "E., a distance of 56.37 feet to the paint of
curvature of a curve to the left, having: 0 radius of 1025.00 feet, 0 central angle of : 7"26'59", 0 chord bearing of
5.89'22'51 "E. and 0 chord length of 310.96 feet: thence along the ore of said cu"'., on arc length of 312.17 feet to
the point of tangency of said curve; thence N.81'53'40"E., a distance of 16.aS feet: thence 5.08'06'28"E.. and leaving
the 'Soid Access Easement of Government Road and meandering the wetlands upland line for the foUowing sixty thr-ee
(63) metes and bounds 0 distance of 61.51 feet: thence S.13'16'59"E.. 0 distonce of 45,18 feet; thence 5.33"14'53"W..
o distance of 26.76 feet; thence 5.66'43'04"E.. 0 distance of 32.97 feet; thence S,24'36'29"E., a distance of 57.76
feet; thence 5.04'19'25"E., a distance of 36.44 feet; thence 5.2Z'5Z'39"W.. a distance of 69.95 feet; thence 5.51'
22'31 "E:.. a distoT'\ce of 47.21 feet; thence S.89'14'03"E., a distance of 60.56 feet; thence N.81'45'36"E.. 0 distance of
41.27 feet: thence N.89'38'5S"E., a distance of 27.18 feet; thence N,57'46'50"E.. a distance of 31.39 feet; thence 5.85
'4J'05"E., 0 distance of 3Z.87 feet; thence 5.63'19'55"E., a distance of 22.86 feet; thence 5.4O'11'58"E., a distance of
33.06 feet; thence N.32'23'OS"E., a distance of 27.43 feet; thence N.86'2Z'23"E.. a distance of 48.28 feet; thence N.8S
'OS'3S"E.. a distance of 36.23 feet; thence 5.49'41'1,"E., a distance of 24.84 feet: thence N.49'16'S:Y'E., a distance of
27.86 feet: thence 5.72."16'38"E., a distance of 27.96 feet; thence N.84'47'4Q"E., a distance of 43.08 feet; thence S.44'
34'49"E., a di.tance of 22.97 feet; thence 5.J2'57'34"E.. a distance of 40.91 feet; thence S.05'02'04''w.. a distance of
37.76 feet: thence 5.60'll'22"E., a distance of 40.14 feet; thence S.70'47'15"E., 0 distance of 29.58 feet: thence S.34'
2S'12"E" a distance of 23.50 feet; thence S.62"25'31"(" a distance of 34.07 feet; tnence S.68'49'OO"E.. a distance of
22.21 feet; thence S.24'43'16"E.. a distance of 33.61 feet; thence S.S9'IS'06"E.. a distance of 36.12 feet: thence 5.49'
55'32"E.. 0 dietance of 37.0J feet; thence N.71'39"49"E., 0 distance of 9.07 feet; thence S.54'37'43"E.. 0 distance of
42.70 feet: thence N.77"45'40"E., a distance of 52.36 feet: thence N.57'14'14"E., 0 distance of 16.28 feet; thence S.87
'19'49"E.. 0 distance of 11.73 feet; thenee 5.57"45'03"E., " distance of 26.79 feet; thence S.43'42'07"E.. a distance of
34.12 feet; thence 5.24'42'46"E.. a distance of 11.93 feet: thence 5.47"44'30"E., 0 distance of 33,09 feet; tnence N.5Z'
.57'35''E.. 0 distance of 13.55 ~eet; thence N.31'37'17"E., a distance of 8.76 feet; thence S.45'48'48"E., a distance of
12.57 feet; thence S.34'44'34"W., a distance of 14.60 feet; thence 5,39'17' 14"E.. 0 di.tance of 21.75 feet; thence 5.49
'47'30"E., a distance of 47.85 feet; thence S.68'57'15"E., a distance of 21.45 feet; thence 5.51"57'59"E., 0 distance of
16.50 feet; thence N.54'50'Z7"E., c distance of 8.43 feet; thence 5.52'07'53"E., 0 di.tonce of 20.91 feet; thence 5.18'
26'0' "E., a distance of 18.14 feet; thence N.62'15'13"E., a distance of 7.68 feet; thenee 5.39' 32'02"(., " distance of
39.77 feet; thence 5,11'33'21''W.. 0 distance of 10,59 feet. thencA <::~9'4S'le"E:.,,, distaRee of 17.15 feet: mence S,..~
_~ '02'27"E.. (l d;3(00c" of -'3.80 -reet;thence S.67"16'03"E" 0 distance of 18.90 feet; thence N.5S43'43"E., 0 distanee of
28.47 feet; thence N.30'43'3S"E.. a distanCe of 10.76 feet: thence N.88'57'58"E.. 0 distance of 29.83 feet; the"ce 5,01
'39'S4"E.. a distance of 39.12 feet; thence 5.77'59'06"W" and along the South Line of the Key West International
Airport a distance of 2523.94 feet; thence N,lZ'OO'54''W., and along the West L:ne of the Key West International Airport
a disto"ce of 1400.00 feet to the Point of 8eginning.
Porcel contains 2358140 square feet or 54.14 acres, mare or I....
Sheet 12 of 1 3
Monroe County, Key West International Airport
South Roosevelt Blvd., Key West, FI. 33040
-S-pecific Purpose Survey, Own No.:
Conservation Easement Q8-348
1"=400' I Ref, Flood ponel No.
Scole: file Own. Bv: F.H.H.
Dote: 8/7/08 I Flood Zone: Flood Elev.
REVISIONS AND OR ADOITIONS
FREDERICK
........
H. HI..DEBRANDI'
...... ......
J 152 Northside Drive
Suite 20 1
Key West, Fl, 33040
(305) 293-0466
Fax. (305) 293-0237
fhiideb 1 Ob..Usouth,net
datafred/monroecountv/kwia .fwm-3
SURVEYOR'S NOTES:
r-!orth arrow based on State Plane Coordinate System
'Reference Bearing: State plane Coordinate System
3.4 denotes existing elevation
Elevations based on N.G.V.D. 1929 Datum
Bench Mark No.: Q-121 Elevation: 7.47
Monumentation:
s = set 1/2" Iron Pipe, P.L.S. No. 2749
a. = Found P.K. Nail, P.L.S. No, 2749
. "" Found 1/2" Iron Pipe, P.L.S. No, 2749
Abbreviations:
Sty. = Story
R/W = Right-ot-Way
fd. = Found
p. = Plot
m. = Measured
O,R. = Official Records
Sec. = Section
Twp. = Township
Rge. = Range
N.T.S.= Not to Scale
'k = Centerline
cov' d. = Covered
wd. = Wood
w.m, = Water Meter
F.W. = Fire Well
o/h = Overhead
u/g = Underground
F.FL, = Finish Floor Elevation
L.B. = Low 8eam
Irr. = Irregular
cone. = concrete
I.P. = Iron Pipe
~ "" Baseline
C.B. = Concrete Block
C,8.S, == Concrete Block Stucco
IlSI = Catch Basin
DE = Electrical pull-box
Elev. = Elevation
8,M, = 8ench Mark
P.O.C.= Point of Commence
P.O.8.'" Point of Beginning
pg. = page
Elec.'" Electric
Tel. '" Telephone
O.L. = On Line
C.L.F.= Chain Link Fence
.A./C = Air Conditioner
CERTIFICATION:
I HEREBY CERTIFY that the attached Specific Purpose Survey. Conservation Easement
is true and corre~i,to the best of my knowledge and be1eit: that it meets the minimum
technical standar adopted by the Florida Board of Land Surveyors, Chapter 61G17-6,
Florida statut~ cion 2.027, and the American Land Title Association, and that
there are no N ~croachments unless shown hereon.
FREDERICK H. HILDE8R~NDT
Professional Land Surveyor & Mapper No. 2749
Protessionnl i='ngineer No. 3681 C
State of Florida
NOT VALID UNLESS EMBOSSED WITH RAISEO SEA~ & SIGNATURE
Sh eet 13 of 1.3
Monroe County, Key West International Airport
South Roosevelt Blvd., Key West. FI. 33040
Specific Purpose Survey, Own No.:
ConselVation Easement 08-348
FREDERICK
__--Ill
H. ttLDEEIIWI7r
...... ......
Scale:
Dote:
1"~400' I Ref. Flood panel No.
file
8/7/08 I ~IQOO Zone,
REVISIONS AND OR ADDITIONS
31 52 N orthslde Drive
Suite 201
Key West, Fl. 33040
(305) 293-0466
rax. (305) 293-0237
fhildebl ObellsQuth.net ".
dotClfred/ monroecQuntv /kwia / sfwm3
Own. Bv: F.H.H.
~loO<l t.lev.
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KEY WEST INTERNATIONAL AIRPORT
RUNWAY SAFETY AREA IMPROVEMENTS
ERP APPLICATION
PROPOSED MITIGATION AREAS
AND CONSERVATION EASEMENTS
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BOARD OF COU;\1TY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 20 I 0
Division: Employee Services
Bulk Item: Yes X No
Department: Human Resources
Staff Contact Person/Phone #: Teresa Aguiar X4458
AGENDA ITEM WORDING: Approval to submit an application to South Florida Workf<Jrce for
funding positions until September 30, 20 10 and authorization for the County Administrator to execute
any other required documentation in relation to the application process.
ITEM BACKGROUND: The Florida Agency for Workforce Innovation, in partnership with the
Florida Department of Children and Families, Workforce Florida, Inc. and the Regional Workforce
Boards, have a new program in place that wiII pay 95 percent of the salary cost for each qualified
employee up to September 30, 20 I O. This initiative is designed to help pay for jobs for low-income
families on a limited time basis.
Departments are required to fund the remaining 5% of these positions out of their respective budgets.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 5% of the total salary cost INDIRECT COST: None BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNT PER l\IONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management 1U1
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7 09
FLORIDA BACK-TO-WORK
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FL Back-to-Work Initiative
The Florida Back to Work program will provide up to a 95 percent reimbursement to Florida's businesses to cover the
costs of employee wages and benefits. All available jobs listed under the Florida Back to Work program will be posted
on the Employ Florida Marketplace - emplovflorida.com.
BACKGROUND:
There is an Emergency Contingency Fund ($5 Billion nationally) under the Temporary Assistance for Needy Families
(TANF) Program that allows states to earn 80% of every dollar spent on increased expenditures in any of the following
th ree areas:
· cash assistance
· non-recurring short-term benefits and,
· subsidized employment
New federal guidance allows the state to count the employer cost of training and supervising employees in subsidized
employment slots at an amount that will allow the state to cover most of the 20% in projects costs that HHS will not
reimburse. This opens the door to allow local governments and other employers to participate with a minimum amount
of cash that they would need to contribute to help support the subsidized employment project,
WHAT IS SUBSIDIZED EMPLOYMENT?
Subsidized employment is the use of TANF funds to pay for all or a portion of the costs of employee wages, benefits,
supervision, and training for eligible participants. The reimbursement will cover all benefit costs including required FICA,
FUTA, and workers compensation costs.
GENERAL PROGRAM GUIDELINES:
· Private, public, for-profit and non-profit employers who are adding new positions are eligible.
· Employers pay the wage and benefit costs are reimbursed by the program for up to 95% of those payments
according to an agreement negotiated in advance.
· The wage/salary level must be based on that paid by the employer for comparable positions doing comparable
work. The employer cannot have laid off employees in the same or similar position.
· All job openings will be posted on Employ Florida Marketplace.
· Employers who wish to participate will need to complete a project application that details the number and type of
subsidized positions requested and the job skill sets of the positions, the wage and benefit cost by position.
· Employers will provide a written commitment to provide a funding contribution equal to the project amount not
reimbursed by the Florida Back to Work program.
· Employers must agree that they will notify workforce if they face any reductions in employees or employee hours at
their other Florida locations and that any subsidization will be discontinued at that time. Funding will not be spent
on people that are relocating from any other Florida location, only on individuals that are part of a new hire project.
sf~th f{orida/~ I
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HOW DOES IT WORK?
· First Come, First Served Basis. The life span of the funds is limited and for that purpose, the eligible period for
payroll ends September 30, 2010. Any payroll costs after that date would not be eligible for reimbursement;
therefore no subsidized position could extend beyond that date.
· Career Center's will determine participant eligibility for the program and participating employers will make the final
hiring decision based on the skill requirements of the subsidized job. Nothing in these guidelines prevent an
employer from following their established personnel policies and procedures to terminate the employment of any
participant placed into a subsidized position.
· Participating employers are reauired to post any subsidized job opening in Employ Florida Marketplace (EFM).
· Employers will pay the wage and benefit costs and be reimbursed by the program for those payments.
· The wage/salary level must be based on that paid by the employer for comparable positions doing comparable work
for that employer.
WHO IS ELIGIBLE TO BENEFIT FROM A SUBSIDIZED EMPLOYMENT POSITION:
· Individuals who are either currently receiving cash assistance, or are in the process of applying for cash assistance,
or are individuals whose family income is at or below 200% of the federal poverty level and have a child under the
age of 18 are eligible for a subsidized employment position.
· Many current recipients of Unemployment Compensation (UC) benefits have current incomes less than 200% of the
federal poverty level and, if they have a minor child at home, will qualify for this program. Determination of the
income level is based on the applicant's prior 30 days income.
· Once determined eligible for the program, participants continue to be eligible for the duration of the Subsidized
Employment Program (until September 30, 2010).
WHAT ARE THE BENEFITS TO PARTICIPATING EMPLOYERS
· State and local governments can directly benefit from receiving help with employee costs during this time when
state and local tax revenues have dramatically decreased.
· Private sector employers that need to expand and increase their workforce as the economy begins to rebound can
benefit from help with employee costs at a time when they are struggling and it has become far more difficult to
obtain the financial resources needed to hire additional workers.
· Employers who wish to participate will need to complete a project application that details the number and type of
subsidized positions requested and the job skill sets of the positions, the wage and benefit cost by position, and a
written commitment to provide a funding contribution in an amount equal to that amount not reimbursed by TANF.
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Page 3
FLORIDA BACK TO WORK
HIRING, COMPENSA nON & REIMBURSEMENT PROCESS STEPS for BUSINESS
The following is a step by step guide for businesses participating in a subsidized employment project(s) as part of the
Florida Back to Work Program.
1. Determines an employer is interested and is a viable candidate for the program.
2. Determine the number of subsidized positions and the total cost of the project.
3, Complete the required budget form and calculate the estimated cash contribution needed.
4, Complete the Employer Information sheet and sign to indicate your commitment to provide the amount of cash
contribution required and an agreement to provide the necessary supervision and training for the subsidized
employees.
5. South Florida Workforce (SFW) will sign the Employer Information sheet indicating that they have reviewed the
proposed project and determined it eligible for funding consideration.
6. SFW will submit the application to the State for review and approval.
· Signed Employer information sheet
· Budget Form
· Spending Plan
7, Proposal reviewed and approved by the State,
8, State will formally notify SFW of approval and an NFA is issued.
9. SFW will notify employer of award, SFW and employer will execute contract,
10. Employer provides the SFW with the required cash contribution stipulated in their agreement.
11. Participating employers are required to post any subsidized job opening in Employ Florida Marketplace (EFM) at
www.emplovflorida.com .
12. SFW recruits, screens for program eligibility and skill requirements, and refers potential employees to the
employer for final selection.
13. Employer hires the employees,
14. Employer pays the employees.
15. Employer submits a request for reimbursement to the SFW.
16. SFW reviews the payroll documentation and approves the expenditure for reimbursement.
17. Employer is reimbursed.
Page 4
Employ Florida
REGIONAL WORKFORCE BOARD 23
South Florida Workforce Investment Board
SUBSIDIZED EMPLOYMENT PROJECT
Non.,...eaeral l:fU"/a
T ANF Costs Match Total Reimbursement
Wage Costs:
Number of Jobs .
Avg Hourly Wage Costs $ -
Number of HourSiWeek S -
Number of Weeks S -
Total Wage Costs S . S . S a S -
Payroll and Benefit Costs
Employer share of FICA 765% S - S -
Unemployment Tax $ - S -
Workers Camp $ - $ .
Total Payroll and Benefit Costs S - S . S . S .
Employers Cost for Supervision 25.00% $ . S .. S .
and Trainina - % of Waae Costs >
Total Costs S - S . S . S -
Required Employer Cash S -
Contribution
$
$
$
S
FL Back to Work (SEP) Budget SummaryBudget
REGIONAL WORKFORCE BOARD 23
South Florida Workforce Investment Board
SUBSIDIZED EMPLOYMENT PROJECT
Non-~eaeral t1U'7a
T ANF Costs Match Total Relm bursement
Wage Costs:
Number of Jobs 15.00
Avg Hourly Wage Costs $ 12,00
Number of Hours/Week $ 40,00
Number of Weeks $ 35,00
Total Wage Costs $ 252,000.00 $ . S 252,000.00 $ 201,600.00
Payroll and Benefit Costs
Employer share of FICA 7.65% $ 19,278,00 $ 19.278.00
Unemployment Tax 6.5% $ 16,380,00 $ 16.380.00
Workers Camp 3,5% $ 8,820.00 $ 8,820,00
Total Payroll and Benefit Costs $ 44,478.00 $ - S 44,478.00 S 35,582.40
Employers Cost for Supervision 25.00% $ 63,000.00 .; 83,OOO.~ $ 50,400.00
and Trainina . % of Waae Costs
Total Costs $ 296,478.00 $ 63.000.00 . 359,478.00 S 287,582.40
Required Employer Cash $ 8,895.60 I
Contribution
$ 287,582,40
$ 63,000.00
$ 8,895.60
$ 359 478.00
FL Back to Work (SEP) Budget SummaryExample
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South Florida Workforce
7300 Corporate Center Drive
Suite 500
Miami, Fl33126
OFFICE: 305-594-7615 ext, 407
TTY: 305-470-5529
c kave h ersi@southfloridaworkforce.com
www.southfloridaworkforce.com
South f!onda \Norkforce is an equal opportunIty employer! program. AUXIliary aIds & serVices are available upon request to indlvldudls with disabilities,
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2010
Division: Employee Services
Bulk Item: Yes X No
Department: Employee Benefits
Staff Contact Person/Phone #: Maria F. Gonzalez X4448
AGENDA ITEM WORDING: Approval of the amended Group Health Plan Document.
ITEM BACKGROUND: The Plan Document originally became effective on October 1, 1996 and
was last approved by the BOCC in September, 2006.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
INDIRECT COST: None BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No X .\A~OUNTPERMONTH_ Year_
1\ J. \\}J t'
APPROVED BY: County Ally W ~uri;h~ing _ Risk Managemer(!)L'
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
O,~~,~y ~o~~~gE
(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:
r" -.... ,.--...-
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tem Heather Carruthers, District 3
Kim Wigington, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
Board of County Commissioners
FROM:
Teresa Aguiar, Direc r
Employee Services
DATE:
March 1, 2010
SUBJ:
Plan Document Revision
This item requests approval of the amended Employee Health Plan Document to become effective January 1,
2010, The Plan is the sole document used in determining the benefits of eligible Covered Persons under the
Health Insurance Plan. It was originally effective on October 1, 1996 and was last approved by the BOCC in
September of2006, Staff has spent much time and effort revising this document and we have worked with
the County Attorney's office in the final review ofthe document to ensure that the document is compliant
with applicable laws,
The Plan document has been reformatted for easier reading and understanding, The Plan Document is
effective January 1,2010 due to this date being the beginning of the benefit calendar year and also due to
recent legislation and regulations that became effective January 1 st; however, the UM/UR Programs and
requirements described in Section 5 will apply as of the date the Plan Document is approved by the BOCC
(March 17,2010), The major revisions are mentioned below:
· Florida Statutes mandates that certain services be covered under the employer's health plan, The
services have been added to the Health Plan and any maximum benefit amounts included are
industry standard.
· The Mental Health Parity Act requires that group health plans offer mental health and/or
substance use disorder benefits on the same basis as medical and surgical benefits, therefore, the
Plan was updated to reflect this mandate,
· Michelle's Law requires group health plans to provide coverage to certain dependent children
over the age of 18 who are enrolled in an institution of higher education; theretore the Plan was
updated to reflect this mandate,
· Children's Health Insurance Program Reauthorization Act of2009 authorizes and expands the
scope ofthe State Children's Health Insurance Program (now known as SHIP); therefore the Plan
was updated to reflect this change,
Page 1 01'2
· Certification for all MRI's to help reduce the likelihood of costly duplication of service,
· Certification on PET scans: Not only is this a very costly diagnostic procedure but there should
be specific diagnosis coding that must accompany the claim to avoid denial. Having the
procedure certified will prevent claim denial due to medical necessity requirements not being met.
· Certification on Outpatient physical, Occupational and Speech Therapy: Patient outcomes and
progression towards rehabilitation will be monitored in order to get the patient to their highest
functional level in a reasonable amount of time,
· Certification on 30-day Outpatient Cardiac Therapy: Assures that in-network providers are
utilized and that if any out-of-network providers are used, rates are negotiated for a discount.
· Certification on sleep studies and follow-up titration studies in conjunction with CP AP referrals:
Assures medical necessity and that any rates are negotiated for a discount.
· Certification on TMJ care and prescribed Orthotic devices: Provides the opportunity to negotiate
discounted rates,
· Massage Therapy: Changed from 12 visits per year to a maximum benefit of $1,000 per year cost
to the Plan,
· Gastric Bypass: Will only be covered as long as the covered individual has not previously
undergone the same or similar procedures in the lifetime of the Plan, Surgical procedures
performed to revise, or correct defects related to, a prior intestinal bypass, stomach stapling or
balloon dilation are also excluded,
· Home Health Care provided on an intermittent or part-time basis directly by (or indirectly
through) a Home Health Agency in the Covered Plan Participant's home or residence by a
Physician-directed professional, technical and related medical and personal care Services has been
changed to provide the maximum benefit to $7,500 per year cost to the Plan, Currently the
benefit is for 40 visits per calendar year.
· Health Insurance coverage during an approved medical leave has been further defined to require
the employee to return to active work for a minimum of 30 days after the leave ends as long as
h/she is medically able, Currently, it is not clear in the Plan Document how long an employee
must return to work,
If you have any questions, please do not hesitate to contact me at X4458,
Page 2 of2
Monroe County Group Health Plan Document
Board of County Commissioners
Clerk of the Circuit Court
Land Authority
Property Appraiser
Sheriff's Office
Supervisor of Elections
Tax Collector
EFFECTIVE JANUARY 1,2010
The Monroe Count~ Group Health Flan (the Flan) was established b~ the Monroe Count~ 50ard of Count~
Commissioners (50CC). The Flan includes the Eligible Emplo~ees, Eligible R.etirees and Eligible
Dependents of the following Monroe Count~ Emplo~ers: the 50CC, Clerk of the Circuit Court, Land
Authorit~, F ropert~ Appraiser, Sheriff's Office, Supervisor of Elections and Tax. Collector. The Flan's
Claims Administrator is Wells Fargo Third Fart~ Administrator (Wells Fargo TF A) and Monroe Count~
50ard of Count~ Commissioners (50CC) is the Flan Administrator.
The Flan provides a combination of three preferred provider organization networks (FFO) and traditional
benefits programs: Ke~s Fh~sician-Hospital Alliance, or KFHA, in Monroe Count~; Dimension Flus in Miami-
Dade, 5roward, F aim 5each and Monroe Counties; and the MultiFlan/FHCS Network ever~where else in
the nation. Under the Flan, Covered Flan F articipants ma~ receive greater benefits when obtaining Covered
Services from a FFO network provider; however, benefits are provided for Covered Services when rendered b~
a non-FFO network provider, although generall~ at higher prices in non-emergenc~ cases. Covered Flan
F articipants are free to select an~ health care F rovider; however, benefits under the Flan will pa~ for Covered
Services rendered b~ a F rovider who is recognized for pa~ment b~ the Monroe Count~ Group Health Flan
Document at the time the Covered Flan F articipant receives Health Care Services.
To find out about a health care F rovider's participation status, a Covered Flan F articipant ma~ review an~ of the
Flan's F referred F rovider Organization Network Directories in effect b~ calling the 5enefits Office at )05-
292-+579 orthe Ke~s Fh~sician-Hospital Alliance (KFHA) at )05-29+-+599 or 1-800-+00-098+. Covered
Flan F articipants can also visit our web-site at
hur: I I monroecotl. virtualtownhall.net/Pages IMonroeCoFl Grourlnsurance I index.
Flease carefull~ review the Schedule of 5enefits which is a part of the Monroe Count~ Group Health Flan
Document for a detailed list of financial responsibilities. This is important because financial responsibilities,
includin an a licable eductibles and oinsurance res onsibilities will var de end in u on the roviders
choosen.
This Monroe Count~ Group Health Flan Document supersedes all other Monroe Count~ Group Health Flan
Documents and amendments and shall be the sole document used in determining benefits for which Covered Flan
F articipants are eligible. The Monroe Count~ Group Health Flan Document ma~ be amended from time to time
b~ the Monroe Count~ 50ard of Count~ Commissioners, in its sole discretion, to reflect changes in benefits,
eligibilit~ re9uirements, plan participant contributions, or changes in the law. It is not in lieu of and does not affect
an~ re9uirements for coverage b~ Workers' Compensation.
It is the responsibilit~ of each Covered Flan F articipant to understand their benefits, rights and obligations
under the Monroe Count~ Group Health Flan Document. For 9uestions or language clarification contact the
5enefits Office at )05-292-+579.
TABLE OF CONTENTS
SECTION 1 - SCHEDULE OF BENEFITS.................................................................................................. 1 - 1
SECTION 2 - COVERED PLAN PARTICIPANT'S FINANCIAL OBLIGATIONS........................................... 2 - 1
SECTION 3 - HEALTH CARE PROVIDER ALTERNATIVES AND REIMBURSEMENT RULES.................... 3 - 1
SECTION 4 - PRE-EXISTING CONDITIONS EXCLUSION PERIOD............................................................ 4 - 1
SECTION 5 - BENEFIT UTILIZATION MANAGEMENT/UTILIZATION REVIEW PROGRAMS..................... 5 - 1
SECTION 6 - MEDICAL NECESSITY.........................,............,."..,......,...........,............,............................ 6 - 1
SECTION 7 - COVERED SERVICES,..........".........,.............,.........................,......,......,............,..........,.... 7 - 1
SECTION 8 - GENERAL EXCLUSIONS.........,.......,.................,.,............,......".,.........,.,..........,................8 - 1
SECTION 9 - ELIGIBILITY FOR COVERAGE............................................................................................. 9 - 1
SECTION 10 - ENROLLMENT & EFFECTIVE DATE OF COVERAGE...................................................... 10- 1
SECTION 1 1 - TERMINATION OF COVERAGE........................................................................................ 1 1 - 1
SECTION 12 - CONTINUING COVERAGE UNDER COBRA.................................................................. 12- 1
SECTION 13 - CONVERSION PRIVILEGE............................................................................................... 13- 1
SECTION 14 - EXTENSION OF BENEFITS.............................................................................................. 14 - 1
SECTION 15 - MEDICARE COVERAGE/MEDICARE SECONDARY PAYER PROVISIONS...................... 15 - 1
SECTION 16 - COORDINATION OF BENEFITS....................................................................................... 16 - 1
SECTION 17 - SUBROGATION, RIGHT OF REIMBURSEMENT & EQUITABLE LIEN............................... 17 - 1
SECTION 18 - CLAIMS PROCESSING.................................................................................................... 18 - 1
SECTION 19 - GENERAL PROVISIONS.................................................................................................. 19 - 1
SECTION 20 - HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA)....................... 20-1
SECTION 21 - DEFINITIONS...................................................................................................................21 - 1
Table of Contents
GENERAL PLAN INFORMATION
TYPE OF ADMINISTRATION
The Plan is a self-funded employee group health plan. Claims administration is provided through a Third Party
Claims Administrator and prescription coverage through a Pharmacy Benefits Manager. The funding for these
benefits is derived from the funds of the Employers and contributions made by the Covered Plan Participants.
PLAN NAME:
MONROE COUNTY GROUP HEALTH PLAN
PLAN NUMBER:
5830
TAX ID NUMBER:
59-6000749
PLAN REVISION DATE:
01/01/10
PLAN YEAR ENDS:
12/31
EMPLOYERS:
Monroe County Board of County Commissioners
Clerk of the Circuit Court
Land Authority
Property Appraiser
Tax Collector
Supervisor of Elections
Monroe County Sheriff's Office
PLAN ADMINISTRATOR:
Monroe County Board of County Commissioners
Benefits Office
1100 Simonton Street, Suite 2-268
Key West, FL 33040
Lower Keys: (305) 292-4446
Middle Keys: (305) 743-0079
Upper Keys: (305) 852-1469
CLAIMS ADMINISTRATOR:
Wells Fargo Third Party Administrators, Inc. (TP A)
P. O. Box 3262
Charleston, WV 25332
(800) 624-8605
PHARMACY BENEFIT MANAGER:
Walgreens Health Initiatives, Inc.
P. O. Box 545
Deerfield, IL 60015
Customer Care Center: 1-800-207-2568
World Wide Web: www.mywhi.com
CERTIFICATION:
Keys Physician-Hospital Alliance (KPHA)
P. O. Box 9107
Key West, FL 33041
(305) 294-4599 or (800) 400-0984
SECTION 1 " SCHEDULE OF BENEFITS
Covered Plan Participants should carefully review this Schedule of Benefits. The Plan provides coverage for adult
wellness services without having to satisfy a Calendar Year Deductible requirement. Financial responsibilities,
including any applicable Deductible and Coinsurance responsibilities will vary depending upon the Providers
chosen by the Covered Plan Participant.
A. DEDUCTIBLE AND COINSURANCE AMOUNTS
Benefit Description In-Network Out-of-Network
Individual Calendar Year Deductible (CYD) $300 $300
Family Calendar Year Deductible (CYD) $600 $600
Hospital Per Admission Deductible (PAD) $150 $150
In addition to the CYD In addition to the CYD
and applicable Coinsurance and applicable Coinsurance
Emergency Room Per Visit Deductible $75 $75
In addition to the CYD In addition to the CYD and
and applicable Coinsurance applicable Coinsurance
Coinsurance Percentage Payable By The Plan Per 75% 45%
Calendar Year of Allowed Amount of Allowed Amount
Coinsurance Payable by The Plan for Ambulance Services 75% 75%
of the Allowed Amount of the Allowed Amount
Individual Coinsurance Responsibility Limit Per Calendar $7,500 $7,500
Year
Note: Coinsurance Responsibility Limits do not include the CYD amount, the 110spital PAD amount, the
Emergency Room Per Visit Deductible amount, any benefit penalty reduction, non-covered charges or any
charges in excess of the Allowed Amount.
B. OFFICE SERVICES
Benefit Description In-Network Out-of-Network
Office Services Rendered by Family Physicians with the 75% 45%
following Specialties: of Allowed Amount of Allowed Amount
Family Practice, General Practice, Internal Medicine, and
Pediatrics
Office Services Rendered by: 75% 45%
1. Physicians other than Family Physicians; and of Allowed Amount of Allowed Amount
2. Other health care professionals licensed to
perform such services.
Durable Medical Equipment, Prosthetics and Orthotics 75% 45%
of Allowed Amount of Allowed Amount
Note: A Covered Plan Participant should verify a Provider's participation status prior to receiving Health Care
Services, To verify a Provider's participation status just access anyone of our three PPO Networks through our
web site at http:/ /monroecofl.virtualtownhall.net/Pages/MonroeCoFI GroupInsurance/index or contact the
Benefits Office at 305-292-4579 or 305-292-4446 for assistance.
Schedule of Benefits
1-1
C, BENEFIT MAXIMUMS
Accumulated Total Lifetime Maximum Benefit Per Covered Participant.....,..........,.....,."",.. .$1,000,000
(includes medical care services & pharmaceuticals)
Adult Wellness Per Covered Plan Participant Every 12 Months Age 40 and over................................. $400
Adult Wellness Per Covered Plan Participant Every 24 Months Age 39 and under............................... .$400
Covered Services as described below for an adult. For purposes of this benefit an adult is 17 years or older,
Adult Wellness Services include:
1. annual physical or gynecological exam; and
2, related wellness services including, but not limited to pap smears; Prostate Specific Antigen (PSA), x-rays,
laboratory services, and immunizations. Routine vision and hearing examinations and screenings are not
covered,
Note: The wellness services above are not subject to the CYD, Any charges in excess of the maximum allowed by
The Plan of $400 are the responsibility of the Covered Plan Participant and do not count toward the Individual
Coinsurance Responsibility Limit Per Calendar Year. All wellness claims must have a routine diagnosis to be
covered under this benefit,
Autism Spectrum Disorder Per Covered Plan Participant Per Calendar Year/Lifetime., ,..,.... ,$36,000/$200,000
Enteral Formulas Per Covered Plan Participant Per Calendar year,.,...,.",......,.".., ,., """"",'..'" ,$2,500
Home Health Care Per Covered Plan Participant Per Calendar Year.",...."."."".,.....,. ,.....'..',." ..,$7,500
Hospice (Combined Inpatient, Outpatient and Home)
Per Covered Plan Participant Per Lifetime.. .. . .. .. .. . .. .. .. .. .. .. . . .. . .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .... ......... Unlimited
Outpatient Cardiac, Occupational, Physical, Speech Therapies
Per Covered Plan Participant Per Calendar year"".,... ",.. "",..'.,.."... "",.... "...' ".".....' .,..,....,.. $5,000
Outpatient Private Duty Nursing Visits Per Covered Plan Participant Per Calendar year.................... ....40
Skilled Nursing Facility Days Per Covered Plan Participant Per Calendar Year..."",...""""",., ....Unlimited
Spinal Manipulations and Massage Therapies Per Covered Plan Participant Per Calendar year...". .. .$1,000
TMJ Services Per Covered Plan Participant Per Lifetime,..,..,.,.".,.." .."..'"..,.."".....,..",......". ,$2,000
0, ADMISSION CERTIFICATION REQUIREMENTS
All Hospital admissions must be certified. Any non-certified admissions are subject to a 30% benefit penalty
reduction, The Covered Plan Participant is responsible for obtaining certification for the admission from the Keys
Physician-Hospital Alliance (KPHA) and for any applicable benefit reduction for failure to obtain such certification.
Sched ule of Benefits
1~2
It is standard pharmacy practice (and in some states, it is even required by law) to substitute generic equivalents for
brand-name drugs whenever possible,
When a Covered Plan Participant uses the mail service or participating retail pharmacy, the Covered Plan
Participant will receive generic substitutes whenever available and allowable,
Under the Plan's Mandatory Generic Drug Program, whenever a brand-name drug is dispensed when a generic
substitute is available and allowable, the Covered Plan Participant will be responsible for 100% of the cost of
the drug.
NOTE: Should a prescribing Physician write on a prescription "Dispense As Written" and "Medically
Necessary" so the brand-name drug will be dispensed, WHI will contact the Physician to verify.
Clinical Prior Authorization Program
Certain prescriptions require "clinical prior authorization," or approval from the Plan, before they will be covered,
The categories/medications that require clinical prior authorization may include, but are not limited to: Acne
(topical-cover through age 24); Actiq (limit 42 units per 365-day supply); ADHD/Narcolepsy (cover through age
19), Anabolic Steroids (all types), Butorphanol (after two-2,5 ml bottles per 25-day supply), Byetta; Contraceptives;
Fentora, Impotency (maximum 8 qty.), Insomnia (limit 30 qty, per 30-day supply); Migraine (after 8 injectable, 8
nasal or 18 oral per 25-day supply), OxyContin (daily average limit of 3) and Symlin,
To confirm whether clinical prior authorization is needed or requested, calI 1-877-665-6609, Please have available
the name of medication, Physician's name, phone (and fax number, if available), member ID number and group
number on the WHI Identification Card,
Step Care
The clinical prior authorization program generally requires utilization of an effective first-line agent before other
alternative therapies may be covered, The Plan requires this program to be in place for the following categories:
COX-2 Inhibitors; Dipeptidyl Peptidase-4 Inhibitors; Oral Bisphosphomate and Proton Pump Inhibitors (OTC
Prilosec), For more information call 1-877-665-6609,
Covered Drugs
· Compound prescription containing at least one legend ingredient
· Federal legend drugs (that is, drugs that federal law prohibits dispensing with a prescription)
· Insulin and other diabetic supplies when prescribed by a Physician.
Drugs Not Covered
. Contraceptives
. Dietary Drugs
. Food and/ or food supplements
. Fertility drugs
. Infertility drugs
· Over-the-counter (OTq items
. Retin-A
. Rogaine (or similar products)
Schedule of Benefits
1-4
E. PRESCRIPTION DRUG PROGRAM
Walgreens Health Initiatives, Inc. (WHI) is the Pharmacy Benefits Manager of the pharmacy drug program for the
Plan.
Copayments
The copayment is applied to each covered pharmacy drug, mail order or Advantage 90 drug charge and is shown in
the Schedule of Benefits. The copayment amount is not a covered charge under the medical plan. Anyone
pharmacy prescription is limited to a continuous 30-day supply. Any one mail order or Advantage 90 prescription is
limited to a continuous 90-day supply, A continuous day supply is defined as the amount of medication a person
may be anticipated to require within a contiguous 30 or 90-day period, A medication prescribed "as needed" or not
specifying a daily dosage may be dispensed (with physician approval) in a lesser quantity than daily dosing.
Walgreens Health Initiatives (WHI), Monroe County's Pharmacy Benefit Manager (PBM) works with Monroe
County to ensure that prescription medications are dispensed in an effective and cost-efficient manner. To this end
WHI may:
. Automatically substitute an FDA-approved generic drug for a brand name or formulary drug, unless the
prescribing Physician has noted "Dispense As Written" AND "Medically Necessary" on the prescription
(the Physician will be contacted to verify), The Plan will require the Covered Plan Participant to pay 100%
of the cost of the medication;
. Contact the Physician for permission to substitute a therapeutically equivalent (by FDA guidelines) drug;
. Contact the Physician to re-prescribe if prescribed quantities that do not fall within Plan's day supply
guidelines,
If a drug is purchased from a non-participating pharmacy, or a participating pharmacy when the Covered Plan
Participant's ID card is not used, a Member Prescription Reimbursement Claim Form must be completed and
submitted to WHI for reimbursement to the Covered Plan Participant.
Covered Plan Participant Cost
When a Covered Plan Participant's covered prescriptions are filled under this Program, the Covered Plan
Participant shares a portion of the cost; the Plan pays for the rest. Covered Plan Participant's costs for the program
are as follows:
Retail Pharmacy (short-term medications):
Up to 30-day supply Generic:
Preferred Brand:
Non-Preferred Brand:
Advantage 90
*Retail Pharmacy (long-term medications):
90-day supply Generic:
Preferred Brand:
Non-Preferred Brand:
Mail Service (long-term medications):
Up to 90-day supply Generic:
Preferred Brand:
Non-Preferred Brand:
Schedule of Benefits
$ 10.00
$ 25.00
$ 70.00
$ 25.00
$ 62.50
$175,00
$ 25.00
$ 62.50
$175.00
1-3
· Smoking deterrents
. Vi tamins
This is a partia/listing of covered and non-covered drugs, Certain prescriptions may require physician confirmation
of medical necessity. For specific drug inquiries, contact the WHI Customer Care Center at 1-800-207-2568,
Appeal of Adverse Drug Coverage Determination
Covered Plan Participant's can appeal an adverse drug coverage determination by contacting the Benefits Office at
305-292-4579 to initiate the appeal process.
Participating Pharmacies
There are over 62,000 participating pharmacies to choose from. Below are just some of the local pharmacies who
participate in our nationwide retail network,
. Albertsons*
. Dennis Pharmacy*
. Medicine Shoppe
. CVS*
. Publix*
. Walgreens*
. Winn- Dixie*
*pharmacies participating in the 90-day retail program
Note: Participating pharmacies are subject to change without notice
Preferred Medication List - Medication Categories Guide
The Preferred Medication List (PML) was developed by Walgreens Health Initiatives under the direction of a
committee of doctors and pharmacists. All medications on this list are preferred by the Plan.
Covered Plan Participant's can make the most of their pharmacy benefit plan and control their prescription
medication costs by using this Preferred Medication List. Whenever possible, have your doctor consult this guide
for lowest-cost brand-name and generic medications available for your therapy. All medications on the PML have
been approved by the FDA.
Please note: The PML is subject to change without notice,
For a Copy or to View the Preferred Medication List - Please visit \vww,mywhi.com
Questions about the Preferred Medication List - Please call the Walgreens Customer Care Center 1-800-207-
2568,
Schedule of Benefits
1.5
SECTION 2.. COVERED PLAN PARTICIPANT'S FINANCIAL OBLIGATIONS
This section sets out a Covered Plan Participant's financial obligations under the Monroe County Group Health
Plan Document. Important information concerning these financial obligations is set forth in the Schedule of
Benefits,
Calendar Year Deductible Requirement
1. Individual Calendar Year Deductible Requirement: This requirement, when applicable, must be satisfied by
each Covered Plan Participant each Calendar Year, before any payment will be made by the Plan, Only
those charges indicated on claims received for Covered Services will be credited toward the Individual
Calendar Year Deductible requirement and only up to the applicable Allowed Amount.
2. Family Calendar Year Deductible: Once the Covered Employee's family has reached such limit, no Covered
Plan Participant in that family will have any additional Calendar Year Deductible responsibility for the
remainder of that Calendar Year. The maximum amount that any Covered Plan Participant in the family
can contribute toward the Family Calendar Year Deductible requirement is the amount applied toward the
Individual Calendar Year Deductible amount,
Note: In situations where the Benefits Office is notified by a Covered Employee that their spouse or Registered
Domestic Partner is also a Covered Employee of an Employer and one has elected family coverage only two
Individual Calendar Year Deductibles are required to satisfy the Family Calendar Year Deductible for both Covered
Employees.
Hospital Per Admission Deductible
The Hospital Per Admission Deductible must be satisfied by each Covered Plan Participant, for each Hospital
admission, before any payment will be made by The Plan for inpatient Health Care Services, The Hospital Per
Admission Deductible applies regardless of the reason for the admission, is in addition to the Calendar Year
Deductible requirement, and applies to all Hospital admissions in or outside the state of Florida.
Emergency Room Per Visit Deductible
The Emergency Room Per Visit Deductible is set forth in the Schedule of Benefits, The Emergency Room Per
Visit Deductible applies regardless of the reason for the visit, is in addition to the Calendar Year Deductible, and
applies to emergency room services in or outside the state of Florida. The Emergency Room Per Visit Deductible
must be satisfied by each Covered Plan Participant for each visit. If the Covered Plan Participant is admitted to the
Hospital at the time of the emergency room visit, the Emergency Room Per Visit Deductible will be waived.
Coinsurance Responsibility
After the Covered Plan Participant has satisfied the applicable Deductible responsibility, claims for Covered
Services will be paid by the Plan at the Coinsurance percentage of the applicable Allowed Amount as set forth in
the Schedule of Benefits. The unpaid percentage of the Allowed Amount (for in-network services), or the unpaid
percentage of the Allowed Amount plus any additional amount charged by the Provider beyond the Allowed
Amount (for out-of-network services), is the Covered Plan Participant's Coinsurance responsibility,
1. Coinsurance Responsibility Limit/Maximum Out-of-Pocket Coinsurance Amount
a. Individual Coinsurance Responsibility Limit: Once a Covered Plan Participant has reached the
Individual Coinsurance responsibility limit amount as set forth in the Schedule of Benefits, the
Covered Plan Participant's Financial Obligations
2 - 1
Covered Plan Participant will have no additional Coinsurance responsibility for the remainder of the
Calendar Year and payment for Covered Services will be at 100 percent of the Allowed Amount.
Note: The Individual or Family Calendar Year Deductible, Hospital Per Admission Deductible, Emergency Room
Per Visit Deductible, any benefit penalty reduction, non-covered charges and any charges in excess of the Allowed
Amount are in addition to the Coinsurance Responsibility Limit.
Additional Financial Responsibilities
In addition to the financial obligations set forth above, Covered Plan Participants are also responsible for:
1. expenses incurred for non-Covered Services;
2. charges in excess of any maximum benefit limitation set forth in the Schedule of Benefits (e,g., the lifetime
maximum and Calendar Year maximums);
3, charges in excess of the applicable Allowed Amount on non-emergent use of out-of-network Providers; and
4. any benefit reduction (e,g., benefit penalties resulting from a Covered Plan Participant's failure to comply
with any Benefit Utilization Management/Utilization Review Program requirements, non-emergent
utilization of out-of-network providers).
Covered Plan Participant's Financial Obligations
2-2
SECTION 3.. HEALTH CARE PROVIDER NETWORKS
& REIMBURSEMENT RULES
Introduction
Covered Plan Participants have access to three Preferred Provider Organization (PPO) Networks under the Plan,
. Keys Physician-11ospital Alliance (305) 294-4599 or (800) 400-0984 (Monroe County)
. Dimension Plus (800) 483-4992 or w\V\v,dimensionhealth.com (Miami-Dade, Broward,Palm Beach &
Monroe Counties)
. Multiplan/PHCS Network (800) 557-6794 or www.multiplan.com (Nationwide)
Covered Plan Participants are free to obtain services from any health care Provider of their choice, including PPO
Providers or health care Providers who do not want to participate in any of our PPO Networks, The
reimbursement rules for Covered Services vary, as explained below, depending on the health care Provider selected
by a Covered Plan Participant to provide Health Care Services.
To find out about a health care Provider's participation status, a Covered Plan Participant can review the PPO
Provider Directories in effect by:
. accessing the Network website (see addresses above);
. accessing the County web site at
http://monroecot1.virtualtownhall. net I Pages IMonrc)eCoFI (~roup I nsurancel index
. calling the Benefits Office at 305-292-4446 or 305-292-4579; or
. calling the Provider's office directly,
It is the Covered Plan Participant's sole responsibility to select a Provider when obtaining Health Care
Services and to verify such Provider's participation status, if any, at the time the Health Care Services are
rendered. Please note that certain categories of PPO Providers may not be available in all geographic
regions. This includes anesthesiologists, radiologists, pathologists, specialists, and emergency room
physicians. The Plan will pay for Covered Services rendered by any Physician listed above at the In-
Network benefit level on a case-by-case basis. If Non-Emergency Covered Services were obtained from a
Physician who is not a PPO Provider the Out-of-Network benefit level will apply (30% penalty on all
related charges). Covered Plan Participants will be responsible for this 30 percent penalty in addition to
any Covered Service Charges over the Allowed Amount.
This penalty is the Covered Plan Participant's responsibility and is in addition to all applicable obligations
and limitations under the Monroe County Group Health Plan Document (e.g.. the Deductible and
Coinsurance requirements). This penalty amount will not be applied towards the Coinsurance
requirement limits (e.g., the Individual Coinsurance requirement limit) under the Plan.
When a Covered Plan Participant receives Health Care Services from a PPO Provider, the Plan's payment of
expenses for those services which are Covered Services (as defined in the Monroe County Group Health Plan
Document) will be at the Coinsurance percentage set forth in the Schedule of Benefits based on the Allowed
Amount for such services, The Covered Plan Participant's financial responsibility includes:
1. the payment of any applicable Deductible(s) or Coinsurance requirements;
2. the payment of expenses which are not covered, limited or excluded;
3. the payment of any expenses in excess of any benefit maximum limitations; and
4. the payment of any applicable benefit reductions or penalties.
Health Care Provider Networks & Reimbursement Rules
3-1
SECTION 4 - PRE-EXISTING CONDITIONS EXCLUSION PERIOD
Introduction
Covered Plan Participants when initially enrolled in the Plan will be subject to a Pre-existing Condition
exclusionary period, except newborn or adopted dependents who are properly enrolled. A Covered Plan
Participant with Creditable Coverage in effect for a continuous period of 12 months or longer prior to initial
enrollment will not be subject to a Pre-existing Condition exclusionary period,
Definitions
The following definitions will be referred to for the purpose of this Pre-existing Conditions Exclusion Period
section:
Genetic Information means information about genes, gene products, and inherited characteristics that may derive
from the individual or a family member. This includes information regarding carrier status and information derived
from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations,
family histories, and direct analysis of genes or chromosomes.
Pre-existing Condition means any Condition related to a physical or mental Condition regardless of the cause of
the Condition, for which medical advice, diagnosis, care or treatment was recommended or received during the six-
month period immediately preceding:
1. the first day of the Covered Plan Participant's Waiting Period for Initial Enrollees; or
2, the Covered Plan Participant's Effective Date of coverage under the Monroe County Group Health Plan
Document for special and annual enrollees.
The Pre-existing Condition exclusionary period does not apply to:
1. pregnancy;
2. a newborn child or an adopted newborn child;
3. an adopted child who is covered under Creditable Coverage;
4, Genetic Information in the absence of a diagnosis of the Condition;
5. routine follow-up care of breast cancer after the person was determined to be free of breast cancer,
General
If there is a break in coverage of 63 days or more, no credit will be given for prior Creditable Coverage.
Prior health insurers and/or group health plans are required to provide a certification of Creditable Coverage to the
Covered Plan Participant upon termination of his or her coverage.
There is no coverage under the Monroe County Group Health Plan Document to treat a Pre-existing Condition, or
Conditions arising from a Pre-existing Condition, until the Covered Plan Participant has been continuously covered
under the Plan for a 12-month period. This 12-month Pre-existing Condition exclusionary period begins on the
first day of the Waiting Period for Initial Enrollees; or the Covered Plan Participant's Effective Date of Coverage
under the Plan for Special and Annual Enrollees.
Pre~Existing Conditions Exclusion Period
4~1
Covered Plan Participants with Creditable Coverage at the Initial Enrollment Period
A Covered Plan Participant who enrolls during the Initial Enrollment Period and has Creditable Coverage will be
given credit, beginning the first day of the Waiting Period, for the creditable portion of the Pre-Existing Condition
exclusionary period if that Covered Plan Participant has not satisfied a 12-month Pre-Existing Condition
exclusionary period. The Covered Plan Participant must furnish certification or relevant corroborating evidence of
Creditable Coverage,
Covered Plan Participants without Creditable Coverage at the Initial Enrollment Period
If a Covered Plan Participant enrolls during the Initial Enrollment Period and does not have Creditable Coverage, a
Pre-existing Condition will not be covered until the Covered Plan Participant has been covered under the Plan for
12 consecutive months from the Effective Date of Coverage.
Covered Plan Participants with Creditable Coverage at the Annual Open Enrollment or Special Enrollment
Periods
A Covered Plan Participant who enrolls during the Annual Open Enrollment Period or Special Enrollment Period
and has Creditable Coverage will be given credit, beginning on the Effective Date of Coverage, for the creditable
portion of the Pre-existing Condition exclusionary period if that Covered Plan Participant has not satisfied a 12-
month Pre-existing Condition exclusionary period. The Covered Plan Participant must furnish certification or
relevant corroborating evidence of Creditable Coverage.
Covered Plan Participants without Creditable Coverage at the Annual Open Enrollment or Special
Enrollment Periods
If a Covered Plan Participant enrolls during the Annual Open Enrollment Period or Special Enrollment Period and
does not have Creditable Coverage, a Pre-existing Condition will not be covered until the Covered Plan Participant
has been covered under the Plan for 12 consecutive months from the Effective Date of Coverage,
Pre~Existing Conditions Exclusion Period
4 2
SECTION 5.. BENEFIT UTILIZATION MANAGEMENT
/UTILIZATION REVIEW PROGRAMS
Introduction
The Keys Physician-Hospital Alliance (KPHA) has agreed to provide certain Utilization Management and
Utilization Review Programs for the Plan. In this regard, KPHA has established various Benefit Utilization
Management/Utilization Review Programs ("UM/UR Programs"), including Admission Certification, Outpatient
Diagnostic Procedures & Services Certification, Concurrent Review, Discharge Planning and Catastrophic Claims
Case Management. These programs help facilitate the management and review of coverage and benefits provided
under the Monroe County Group Health Plan Document and, under certain limited circumstances, present
opportunities for alternative benefits or payment alternatives for cost-effective Health Care Services. The UM/UR
Programs and requirements described in this Section will apply as of the date this restatement of the Monroe
County Group Health Plan Document is approved by the Board of County Commissioners.
Important Information Relating to Keys Physician-Hospital Alliance's UMjUR Programs
All decisions that require or pertain to independent professional medical/ clinical judgement or training, or the need
for medical services, are solely the responsibility of the Covered Plan Participant together with the Covered Plan
Participant's treating Physicians and health care Providers. Covered Plan Participants and their Physicians are
responsible for deciding what medical care should be rendered or received and when and how that care should be
provided. The KPHA is solely responsible for determining whether expenses incurred, or to be incurred, for
medical care are, or would be, covered under the Monroe County Group Health Plan Document. In fulfilling this
responsibility, neither KPHA nor the Plan shall be deemed to participate in or override the medical decisions of any
Covered Plan Participant's health care Provider.
Admission Certification Program
The Admission Certification Program helps KPHA determine, for coverage and payment purposes only. whether
an admission is Medically Necessary as defined herein. In administering the Admission Certification Program,
KPHA may review specific medical facts or information and assess, among other things, the appropriateness, health
care setting and/ or the level of care of a Hospital admission. Any reviews or assessments of specific medical facts
or information by KPHA are solely for the purpose of making coverage or payment decisions under the Plan and
not for the purpose of recommending or providing medical care.
Admission Certification Requirements for Inpatient Admissions To Hospitals
The Admission Certification Program requires Covered Plan Participants to obtain from KPHA certification for
ANY admission (e.g., elective, planned, urgent or emergency) to a Hospital. If the Covered Plan Participant fails to
obtain certification from KPHA for the admission. the Allowance for such admission will be reduced by 30 percent
as a penalty. This penalty is the Covered Plan Participant's responsibility and is in addition to all applicable
obligations and limitations under the Monroe County Group Health Plan Document (e.g.. the Deductible and
Coinsurance requirements). This penalty amount will not be applied towards the Coinsurance requirement limits
(e,g.. the Individual Coinsurance requirement limit).
Benefit Utilization Management/Utilization Review Programs
5 1
Obtaining Pre-admission Certification from Keys Physician-Hospital Alliance (KPHA)
1. Planned Admissions - For all planned admissions (i,e., and inpatient Hospital admission which is not an
emergency or urgent) to a Hospital the Covered Plan Participant must contact KPHA at 305-294-4599 or
800-400-0984 at least three to five days prior to the planned admission for Preadmission Certification &
Length of Stay Approval. This means that KPH.A must certify the hospital admission and approve the
number of days for which certification is given, before the services are provided. If the Hospital
admission is denied, but the Covered Plan Participant is admitted to the Hospital anyway, benefits
for Covered Services will be reduced by 30% of covered charges. If confinement extends beyond the
approved Length of Stay, additional days must be pre-certified by KPHA. Full benefits for hospital charges
will be paid only for the approved number of extended confinement days. All covered charges incurred
during that hospitalization will be reduced by 30 percent for those extended confinement days not
approved.
2. Unplanned Admissions - For all unplanned admissions (i.e., an inpatient Hospital admission that is an
emergency or is urgent or cannot be scheduled in advance) to a Hospital the Covered Plan Participant must
ensure that the Physician or the Hospital contacts KPHA by telephone within 24 hours of the admission or
the first business day following a weekend or holiday admission. In the event the Covered Plan Participant's
Condition makes it impossible for the Covered Plan Participant to ensure that KPHA is so notified within
the applicable time frame, the Covered Plan Participant must ensure that KPHA is so notified as soon as
possible.
3. KPHA's Certification Decision - Once KPHA has received and reviewed the necessary information,
KPHA will make a certification decision, for coverage and payment purposes only, based upon the
Admission Certification program's criteria then in effect. KPHA will notify the Covered Plan Participant,
the Physician and the Hospital of the certification decision as soon as possible.
Outpatient Diagnostic Procedures & Services Certification
For scheduled, non-emergency Outpatient Diagnostic Procedures (e.g., MRI, CT Scan) and Services (e.g., Durable
Medical Equipment, Home Health Services) the Covered Plan Participant must contact KPHA at 305-294-4599 or
800-400-0984 at least three to five days prior to the scheduled procedure. KPHA will review for determination of
medical necessity.
Below is a list of outpatient diagnostic procedures and services that require Certification from KPHA prior to the
scheduled Diagnostic Procedure and/ or Services.
. Certification must be obtained on ALL MRI, MRA, CT A, CT Scans and PET Scans;
. Certification must be obtained on ALL Outpatient physical, occupational & speech therapy referrals;
. Certification must be obtained on ALL 30-day Outpatient Cardiac Therapy;
. Certification must be obtained on ALL sleep studies and follow-up titration studies in conjunction with
CP AP referrals;
. Certification must be obtained on ALL TMJ care and prescribed Orthotic Devices;
. Certification must be obtained on ALL Durable Medical Equipment (i.e., wheelchairs, hospital beds, CP AP
machines, oxygen); and
. Certification must be obtained on ALL Home Health Service
Benefit Utilization Management/Utilization Review Programs
5-2
In the event the Covered Plan Participant fails to obtain prior certification from KPHA on any Procedure and/ or
Service listed above the Allowed Amount will be reduced by 30 percent as a penalty. This penalty is the Covered
Plan Participant's responsibility and is in addition to all applicable obligations and limitations under the Monroe
County Group Health Plan Document (e.g.. the Deductible and Coinsurance requirements). This penalty amount
will not be applied towards the Coinsurance requirement limits (e,g.. the Individual Coinsurance requirement limit).
Concurrent Review Program
Under this UM/UR program, KPHA will review Hospital stays and other health care treatment programs during
the course of such stay or treatment program. Any such review is conducted solely to determine whether coverage
and/ or payment should continue for a particular admission. Using established criteria then in effect, concurrent
review of the Hospital stay will occur at regular intervals. KPHA will provide the Covered Plan Participant's
Physician with notification when KPHA's criteria under this program for coverage and payment for continued
inpatient care are no longer met. In administering the Concurrent Review Program, KPHA may review specific
medical facts or information and assess, among other things, the appropriateness, health care setting and/or the
level of care of a Hospital admission. Any reviews or assessments of specific medical facts or information by
KPHA are solely for the purpose of making coverage or payment decisions under the Plan and not for the purpose
of recommending or providing medical care,
Discharge Planning
Under this UM/UR program KPHA will help the Covered Plan Participant and the Covered Plan Participant's
Physician identify health care resources that may be available in the Covered Plan Participant's community
following hospitalization. KPHA will, upon request, answer questions the Covered Plan Participant's Physician has
regarding the Covered Plan Participant's coverage or benefits under the Monroe County Group Health Plan
Document following discharge from the Hospital.
Case Management Program
Under this UM/UR program KPHA provides Case Management services for those Covered Plan Participants who
have a catastrophic or chronic condition, KPHA case managers act as liaison between the Covered Plan
Participant, Physician, Therapist, Third Party Administrator and Employer coordinating all services so that each
Covered Plan Participant can return to their optimal potential. Examples of catastrophic illnesses or injuries
include, but are not limited to:
· Major Head Trauma and Brain Injury Secondary to Illness
· Amyotrophic Lateral Sclerosis (ALS)
· Multiple Sclerosis (MS)
· Neonatal High Risk Infant
· Spinal Cord Injuries
· Multiple Fractures
· Severe Burns
· Amputations
· Transplants
· Leukemia
· Cancer
· AIDS
· Home Health Needs
· Durable Medical Equipment Needs
· Any Claim expected to exceed $30,000
Benefit Utilization Management/Utilization Review Programs
5-3
When KPHA is notified of one of the above diagnoses or needs (or any other diagnosis for which KPHA feels
Case Management is appropriate) by the Covered Plan Participant, Physician, or Wells Fargo TPA, the KPHA Case
Manager will develop a plan of treatment which will include all services and supplies to be utilized, as well as the
most appropriate treatment setting, The treatment plan may be modified as the Covered Plan Participant's
condition or needs change.
Under this program the Plan and KPHA may elect to (but is not required to) offer alternative benefits or payment
for cost-effective Health Care Services. These alternative benefits or payments may be made available on a case-by-
case basis to Covered Plan Participants who meet KPHA criteria then in effect. Such alternative benefits or
payments, if any, will be made available in accordance with a treatment plan with which the Covered Plan
Participant and the Covered Plan Participant's Physician agree.
Offering to provide, or actually, providing any alternative benefits or payments in no way obligates the Plan or
KPHA to continue to provide such alternative benefit payments, or to provide alternative benefits or payments to
the Covered Plan Participant or any other person insured by the Plan at any time, Nothing contained in this section
shall be deemed a waiver of the Plan's right to enforce the Monroe County Group Health Plan Document in strict
accordance with its terms,
Appeal Process
The Covered Plan Participant, a treating Physician or a Hospital may request that KPHA review a UM/UR
Program coverage or payment decision, provided such request is received by KPHA in writing within 90 days of the
date of the decision, The review request must include all information deemed relevant or necessary by KPHA.
KPHA will review the decision in light of such information and notify the Monroe County Group Health Plan
Administrator of the review decision. Upon approval from the Monroe County Group Health Plan Administrator
the KPHA will notify the Covered Plan Participant, the Hospital and/or the Physician of the final decision.
Benefit Utilization Management/Utilization Review Programs
5-4
SECTION 6.. MEDICAL NECESSITY
In order for Health Care Services to be covered under the Monroe County Group Health Plan, such services must
be: 1) not otherwise limited or excluded under the Monroe County Group Health Plan Document; 2) rendered
while coverage is in force; 3) within the service categories set forth in the Covered Services section; and 4) Medically
Necessary, as defined in the Definitions section of the Monroe County Group Health Plan Document.
It is important to remember that any review of Medical Necessity by Wells Fargo TPA, KPHA or the Monroe
County Group Health Plan Administrator is solely for the purposes of determining coverage or benefits under the
Monroe County Group Health Plan Document and not for the purpose of recommending or providing medical
care, In this respect, Wells Fargo TPA, KPHA or Monroe County Group Health Plan Administrator may review
specific medical facts or information pertaining to a Covered Plan Participant. Any such review, however, is strictly
for the purpose of determining, among other things, whether a Health Care Service provided or proposed meets the
applicable coverage and payment guidelines then in effect.
All decisions that require or pertain to independent professional medical/clinical judgement or training, or the need
for medical services, are the sole responsibility of the Covered Plan Participant and the Covered Plan Participant's
treating Physicians and health care Providers. Covered Plan Participants and their Physicians are responsible for
deciding what medical care should be rendered or received and when that care should be provided. In making
coverage decisions, neither Wells Fargo TPA nor KPHA nor the Monroe County Group Health Plan Administrator
shall be deemed to participate in or override the medical decisions of a Covered Plan Participant or a Covered Plan
Participant's health care Providers.
Examples of hospitalization and other Health Care Services that are not Medically Necessary include, but are not
limited to:
1. continued hospitalization because arrangements for discharge have not been completed;
2. use of laboratory, x-ray, or other diagnostic testing that has no clear indication, or is not expected to alter
the treatment plan;
3. hospitalization because supervision in the home, or care in the home, is inconvenient; or hospitalization for
any service which could have been provided adequately in an alternate setting (e.g., Hospital outpatient
department); or
4. inpatient admissions to a Hospital, Skilled Nursing Facility, or any other facility for the purpose of Custodial
Care, convalescent care, or any other service primarily for the convenience of the patient and/or his/her
family members.
Medical Decisions - Responsibility of Covered Plan Participant
Any and all decisions that require or pertain to independent professional medical judgement or training, or the need
for medical services or supplies, must be made solely by the Covered Plan Participant, the Covered Plan
Participant's family and the Covered Plan Participant's treating Physician in accordance with the patient/physician
relationship. It is possible that the Covered Plan Participant or the Covered Plan Participant's treating Physician
may conclude that a particular procedure is needed, appropriate, or desirable, even though such procedure may not
be covered.
Note: Whether or not a Health Care Service is specifically listed as an exclusion, the fact that a Provider
may prescribe, recommend, approve, or furnish a Health Care Service does not mean that the service is
Medically Necessary (as defined by the Monroe County Group Health Plan Document) or a Covered
Service. Please refer to the Definitions section of the Monroe County Group Health Plan Document for
the defmitions of "Medically Necessary" or "Medical Necessity."
Medical Necessity
6~1
SECTION 7 .. COVERED SERVICES
Introduction
The following subsections describe the Health Care Services which may be Covered Services under the Monroe
County Group Health Plan Document. All benefits for Covered Services are subject to the Covered Plan
Participant's applicable financial responsibilities, benefit maximums (e.g., Calendar Year Deductible and Lifetime
Maximum), the applicable Allowed Amount, limitations, exclusions, and all other provisions contained in the
Monroe County Group Health Plan Document (including the Schedule of Benefits) in accordance with Wells Fargo
TP A's Medical Necessity criteria and guidelines then in effect.
Expenses for the Health Care Services listed below will be covered under the Plan only if the services are:
1. within the services' categories set forth in this Covered Services section;
2. rendered by appropriate licensed health care Provider who is recognized for payment herein;
3. Medically Necessary as defined in the Monroe County Group Health Plan Document;
4. rendered while a Covered Plan Participant's coverage is in force; and
5. not specifically or generally limited (e.g., Pre-existing Condition exclusionary period) or excluded under the
Monroe County Group Health Plan Document,
Note: More than one limitation or exclusion may apply to a specific Health Care Service or a particular situation.
Under most circumstances, Wells Fargo TPA will determine whether Health Care Services are Covered Services
under the Plan when processing a Covered Plan Participant's claim after the Covered Plan Participant has obtained
such services and a claim has been received by Wells Fargo TP A for such services. In some circumstances, Wells
Fargo TPA or the Monroe County Group Health Plan Administrator may, but are not required to, determine
whether Health Care Services are Covered Services under the Monroe County Group Health Plan Document
before the Covered Plan Participant is provided the service. For example, Wells Fargo TPA or the Monroe County
Group Health Plan Administrator may determine whether a proposed transplant is a Covered Service under the
Monroe County Group Health Plan Document before such transplant is provided.
Benefit Guidelines
In providing benefits for Covered Services, the benefit guidelines set forth below apply as well as any other
applicable reimbursement rules specific to particular categories of Heath Care Services:
1. The reimbursement for certain Health Care Services is included within the Allowed Amount for the primary
procedure, and therefore no additional amount is payable for any such services and/or supplies.
2. The reimbursement is based on the Allowed Amount for the actual service rendered (i.e., not based on the
Allowed Amount for a service which is more complex than the service actually rendered), and is not based
on the method utilized to perform the service nor the day of the week nor the time of day the procedure is
performed.
3. The reimbursement for a service includes all components of the service when such service can be described
by a single procedure code, or when the service is an essential or integral part of the associated
therapeutic/ diagnostic service.
Covered Services
7-1
Covered Services Categories
The Health Care Services listed below may be Covered Services under the Monroe County Group Health Plan
Document. For ease of reference, limitations and exclusions which apply to specific services have been included in
this section. Any specific limitations and/or exclusions included in this section are in addition to any other
limitations and/or exclusions listed in the Monroe County Group Health Plan Document including those listed in
the General Exclusions section.
. Accident Care
Ilealth Care Services to treat an injury or illness resulting from an Accident not arising as a result of the Covered
Plan Participant's job or employment.
. Adult Wellness Services
Refer to the Schedule of Benefits for Covered Services and benefit maximums.
Exclusion: Any charges over the maximum allowable of $400 by the Plan are the responsibility of the Covered
Plan Participant and do not count toward the Individual Coinsurance Responsibility Limit Per Calendar Year.
· Allergy Testing and Treatments
Testing and desensitization therapy (e.g., injections) and the cost of hyposensitization serum. The Allowed Amount
for allergy testing is based upon the type and number of tests performed by the Physician. The Allowed Amount
for allergy immunotherapy treatment is based upon the type and number of doses.
. Ambulance Services
Ambulance services (ground or air) to transport a Covered Plan Participant from:
1. a Hospital unable to provide proper care to the nearest Hospital that can provide proper care;
2. a Hospital to the Covered Plan Participant's nearest home or Skilled Nursing Facility; or
3, the place a medical emergency occurs to the nearest Hospital that can provide proper care.
· Ambulatory Surgical Centers
Health Care Services rendered at an Ambulatory Surgical Center including:
1. use of operating and recovery rooms;
2. respiratory, or inhalation therapy (e.g" oxygen);
3, drugs and medicines administered (except for take home drugs) at the Ambulatory Surgical Center;
4, intravenous solutions;
5. dressings, including ordinary casts;
6. anesthetics and their administration;
7. administration of, including the cost of, whole blood or blood products;
8. transfusion supplies and equipment;
9. diagnostic services, including radiology, ultrasound, laboratory, pathology and approved machine testing
(e.g., EKG); and
10. chemotherapy treatment for proven malignant disease.
Covered Services
7-2
. Anesthesia Administration Services
Administration of anesthesia by a Physician or Certified Registered Nurse Anesthetist ("CRNA"), In those
instances where the CRNA is actively directed by a Physician other than the Physician who performed the surgical
procedure, payment for Covered Services, if any, will be made for both the CRNA and the Physician services at the
lower directed-services Allowed Amount in accordance with the payment program for such services then in effect.
Exclusion - Coverage does not include anesthesia services by an operating Physician, his or her partner or
associate.
. Autism
The following services are covered as they relate to "Autism Spectrum Disorder" defined as autism disorder,
Asperger's Syndrome, and other pervasive developmental disorders not otherwise specified. Well-baby and well-
child screening for diagnosing the presence of autism spectrum disorder, and Treatment of autism spectrum
disorder through: Therapy, including Speech, Occupational and/ or Physical Therapy; and Applied Behavior
Analysis, which is the design, implementation and evaluation of environmental modifications, using behavioral
stimuli and consequences, to produce socially significant improvement in human behavior.
To be eligible for services, the Covered Plan Participant must be under 18 years of age; or 18 years of age or older
in high school and diagnosed as having a developmental disability at 8 years of age or younger.
Exclusion - The Plan will not pay for Covered Services which exceed the annual or lifetime maximums for Autism
Spectrum Disorder listed in the Schedule of Benefits.
. Breast Reconstructive Surgery
Breast Reconstructive Surgery and implanted prostheses incident to Mastectomy, In order to be covered, such
surgery must be provided in a manner chosen by the Covered Plan Participant's Physician, consistent with
prevailing medical standards, and in consultation with the Covered Plan Participant,
. Child Cleft Lip and Cleft Palate Treatment
Treatment and services for Child Cleft Lip and Cleft Palate, including medical, dental, Speech Therapy, audiology,
and nutrition services for treatment of a child under the age of 18 who has cleft lip or cleft palate. In order for such
services to be covered, the Covered Plan Participant's Physician must specifically prescribe such services and such
services must be consequent to treatment of the cleft lip or cleft palate.
. Concurrent Physician Care
Physician medical services, provided: (a) the additional Physician actively participates in the Covered Plan
Participant's treatment; (b) the Condition involves more than one body system or is so severe or complex that one
Physician cannot provide the care unassisted; and (c) the Physicians have different specialties or have the specialty
with different sub-specialties.
Covered Services
7-3
. Consultations
Consultations provided by a Physician are covered if the attending Physician requests the consultation and the
consulting Physician prepares a written report,
. Dental
Dental Care is limited to the following:
1. Care and treatment initiated within 90 days of an Accidental Dental Injury provided such services are for the
treatment of damage to sound natural teeth,
2, Extraction of teeth required prior to radiation therapy when the Covered Plan Participant has a diagnosis of
cancer of the head and/or neck.
3, Anesthesia services for dental care including general anesthesia and hospitalization services necessary to
assure the safe delivery of necessary dental care provided to a Covered Plan Participant in a Hospital or
Ambulatory Surgical Center if:
a, the Covered Plan Participant is under 8 years of age and it is determined by a dentist and the
Covered Plan Participant's Physician that: 1) dental treatment is necessary due to a dental Condition
that is significantly complex; or 2) the Covered Plan Participant has a developmental disability in
which patient management in the dental office has proven to be ineffective; or
b. the Covered Plan Participant has one or more medical Conditions that would create significant or
undue medical risk for the Covered Plan Participant in the course of delivery of any necessary dental
treatment or surgery if not rendered in a Hospital or Ambulatory Surgical Center,
4, Oral Surgery limited to the following procedures:
a, Health Care Services provided for the excision of impacted teeth at any location (i,e" inpatient
hospital, surgery, associated x-rays and anesthesia); and
b. Apicoectomy (excision of tooth root without extraction of the tooth); and
c. Curting procedures on the gums and mouth tissues for treatment of disease; and/or
d. Osseous surgery to modify and reshape deformities in the supporting bone around the teeth and is
used when periodontal disease is advanced in nature,
Exclusion - Dental Services provided more than 90 days after the date of an Accidental Dental Injury regardless of
whether or not such services could have been rendered within 90 days; and Dental Implants.
· Diabetes Outpatient Self-Management
Diabetes outpatient self-management training and educational services and nutrition counseling (including all
medically appropriate and necessary equipment and supplies) to treat diabetes, if the Covered Plan Participant's
treating Physician or a Physician who specializes in the treatment of diabetes certifies that such services are
necessary, In order to be covered, diabetes outpatient self-management training and educational services must be
provided under the direct supervision of a certified Diabetes Educator or a board-certified Physician specializing in
endocrinology. Additionally, in order to be covered, nutrition counseling must be provided by a licensed Dietitian.
Covered Services
7-4
Covered Services may also include the trimming of toenails, corns, calluses, and therapeutic shoes (including inserts
and/ or modifications) for the treatment of severe diabetic foot disease,
. Diagnostic Services
Diagnostic services when ordered by a Physician are limited to the following:
. radiology, ultrasound and nuclear medicine, Magnetic Resonance Imaging (MRl);
. laboratory and pathology services;
. services involving bones or joints of the jaw (e.g., services to treat temporomandibular joint (fMJ)
dysfunction) or facial region if, under accepted medical standards, such diagnostic services are necessary to
treat Conditions caused by congenital or developmental deformity, disease, or injury;
. approved machine testing (e.g., electrocardiogram (EKG), and other electronic diagnostic medical
procedures); and
. genetic testing for the purposes of explaining current signs and symptoms of a possible hereditary disease.
. Dialysis Services
Including equipment, training, and medical supplies, when provided at any location, by a Dialysis Center or a
Provider licensed to perform dialysis.
. Durable Medical Equipment
Durable Medical Equipment (DME) when provided by a Durable Medical Equipment Provider and when
prescribed for a Covered Plan Participant by a Physician, limited to the most cost effective Durable Medical
Equipment, which meets the Covered Plan Participant's needs as determined by KPHA.
Reimbursement Guidelines for Durable Medical Equipment (DME)
Supplies and service to repair medical equipment may be Covered Services only if the Covered Plan Participant
owns the equipment or is purchasing the equipment. The Allowed Amount for DME will be the lowest of the
following: 1) the purchase price; 2) the lease/ purchase price; 3) the rental rate; or 4) the Allowed Amount. The
total Allowed Amount for such rental equipment will not exceed the total purchase price. DME includes, but is not
limited to, the following: wheelchairs, crutches, canes, walkers, hospital beds, and oxygen equipment.
Note: Repair or replacement of Durable Medical Equipment due to growth of a child or due to a change in the
Covered Plan Participant's Condition is a Covered Service.
Exclusion - Equipment which is primarily for the convenience and/ or comfort of the Covered Plan Participant,
the Covered Plan Participant's family or caretakers; modifications to motor vehicles and/ or homes such as
wheelchair lifts or ramps; electric scooters; water therapy devices such as Jacuzzis, hot tubs, swimming pools or
whirlpools; exercise and massage equipment; hearing aids; air conditioners and purifiers; humidifiers; water
softeners and/ or purifiers; pillows, mattresses or waterbeds; escalators, elevators, stair glides; emergency alert
equipment; handrails and grab bars; heat appliances and dehumidifiers; and the replacement of Durable Medical
Equipment solely because it is old or used are excluded.
Covered Services
7-5
In the event the Covered Plan Participant fails to obtain prior certification from KPHA on any Durable Medical
Equipment the Allowed Amount will be reduced by 30 percent as a penalty. This penalty is the Covered Plan
Participant's responsibility and is in addition to all applicable obligations and limitations under the Monroe County
Group Health Plan Document (e.g.. the Deductible and Coinsurance requirements). This penalty amount will not
be applied towards the Coinsurance requirement limits (e.g.. the Individual Coinsurance requirement limit),
· Enteral Formulas
Prescription and non-prescription enteral formulas for home use when prescribed by a Physician as necessary to
treat inherited diseases of amino acid, organic acid, carbohydrate or fat metabolism as well as malabsorption
originating from congenital defects present at birth or acquired during the neonatal period.
Coverage to treat inherited diseases of amino acid or organic acids, for any Covered Plan Participant up to their 25th
birthday, shall include coverage for food products modified to be low protein.
Benefits for low protein food products are limited as set forth in the Schedule of Benefits.
· Eye Care
Coverage includes the following services:
1. Physician services, soft lenses or sclera shells, for the treatment of aphakic patients;
2. initial glasses or contact lenses following cataract surgery; and
3. Physician services to treat an injury or disease to a Covered Plan Participant's eyes.
Exclusion - Health Care Services to diagnose or treat vision problems which are not a direct consequence of
trauma or prior ophthalmic surgery; eye examinations; eye exercises or visual training; eye glasses and contact lenses
and their fitting are excluded. In addition to the above, any surgical procedure performed primarily to correct or
improve myopia or other refractive disorders (e.g., radial keratotomy, PRK and LASII() are excluded.
· Home Health Care
The following Home Health Care Services only when: 1) the Home Health Care Services are provided directly by
(or indirectly through) a Home Health Agency; 2) the Home Health Care Services rendered have been prescribed
by a Physician by way of a formal written treatment plan that has been reviewed and renewed by the Covered Plan
Participant's Physician every 30 days; 3) the Covered Plan Participant is meeting or achieving the desired treatment
goals set forth in the treatment plan as documented in the clinical progress notes; and 4) the Covered Plan
Participant is confined to home and is unable to carry out the basic activities of daily living.
Home Health Care Services are limited to:
1. part-time (i,e., less than 8 hours per day and less than a total of 40 hours in a calendar week) or intermittent
(i.e., a visit of up to, but not exceeding, 2 hours per day) nursing care by a Registered Nurse or Licensed
Practical Nurse and/or home health aide Services;
2. home health aide Services must be consistent with the plan of treatment, ordered by a Physician, and
rendered under the supervision of a Registered Nurse;
3, medical social services;
4. nutritional guidance;
5. respiratory, or inhalation therapy (e.g., oxygen); and
Covered Services
7-6
6, Physical Therapy by a Physical Therapist, Occupational Therapy by a Occupational Therapist, and Speech
Therapy by a Speech Therapist.
Benefits for Covered Services for Home Health Care are limited as set forth in the Schedule of Benefits. In the
event the Covered Plan Participant fails to obtain prior certification from KPHA on any Home Health Care the
Allowed Amount will be reduced by 30 percent as a penalty. This penalty is the Covered Plan Participant's
responsibility and is in addition to all applicable obligations and limitations under the Monroe County Group
Health Plan Document (e.g.. the Deductible and Coinsurance requirements), This penalty amount will not be
applied towards the Coinsurance requirement limits (e.g.. the Individual Coinsurance requirement limit),
Exclusion -
1. any Home Health Care service which is not directly provided by (or indirectly provided) through a Home
Health Agency;
2, homemaker services; domestic maid services;
3. sitter services; companion services;
4. services rendered by an employee or operator of an adult congregate living facility; an adult foster home; an
adult day care center; or a nursing home facility;
5. Custodial Care except for any such care covered under this subsection when provided on a part-time or
intermittent basis (as defined above) by a home health aide;
6. food, housing, and home delivered meals,
. Hospice Services
Health Care Services provided to a Covered Plan Participant in connection with a Hospice treatment program may
be Covered Services, provided the Hospice treatment program is approved by the Covered Plan Participant's
Physician and the Covered Plan Participant is not expected to live more than one year. Wells Fargo TP A shall have
the right to request that a Covered Plan Participant's Physician certify in writing the life expectancy of a Covered
Plan Participant.
. Hospital Services
Covered Hospital Services including:
1, room and board in a semi-private room when confined as an inpatient, unless the patient must be isolated
from others for documented clinical reasons;
2, intensive care units, including cardiac, progressive and neonatal care;
3. use of operating and recovery room;
4. use of emergency rooms;
5. respiratory, pulmonary, or inhalation therapy (e,g., oxygen);
6, drugs and medicines administered (except for take home drugs) by the Hospital;
7. intravenous solutions;
8. administration of, including the cost of, whole blood or blood products;
9, dressings, including ordinary casts;
10, anesthetics and their administration;
11. transfusion supplies and equipment;
12. diagnostic services, including radiology, ultrasound, laboratory, pathology, and approved machine testing
(e,g., EKG);
13. Physical, Speech, Occupational, Cardiac Therapies; and
14, transplants as set forth in the Transplant subsection.
Covered Services
7-7
Exclusion - Expense for the following Hospital Health Care Services are excluded when such services could have
been provided without admitting the Covered Plan Participant to the Hospital: 1) room and board provided during
the Covered Plan Participant's admission; 2) Physician visits provided while the Covered Plan Participant was an
inpatient; and 3) Occupational Therapy, Speech Therapy, Physical Therapy, Cardiac Therapy; and 4) other Services
provided while the Covered Plan Participant was inpatient.
In addition, expenses for the following are also excluded:
1. gowns and slippers;
2. shampoo, toothpaste, body lotions and hygiene packets;
3. take-home drugs;
4, telephone and television;
5. guest meals or gourmet menus; and
6. admission kits.
. Inpatient Rehabilitation
Inpatient Rehabilitation Services are covered when the following criteria are met:
1, Services must be provided under the direction of a Physician and must be provided by a Medicare certified
facility in accordance with a comprehensive rehabilitation program;
2, a plan of care must be developed and managed by a coordinated multi-disciplinary team;
3. coverage is limited to the specific acute, catastrophic target diagnoses of severe stroke, multiple trauma,
brain/ spinal injury, severe neurological motor disorders, and/ or severe burns;
4. the Covered Plan Participant must be able to actively participate in at least 2 rehabilitative therapies and be
able to tolerate at least 3 hours per day of skilled Rehabilitation Services for at least 5 days a week and their
Condition must be likely to result in significant improvement; and
5. the Rehabilitation Services must be required at such intensity, frequency and duration as to make it
impractical for the individual to receive services in a less intensive setting.
Exclusion: Pain Management and respiratory ventilator management Services are excluded.
. Massage Therapy
Massage provided by a Physician, Massage Therapist, or Physical Therapist when the massage therapy is prescribed
as being Medically Necessary by a Physician licensed pursuant to Florida Statutes Chapter 458 (Medical Practice),
Chapter 459 (Osteopathy), Chapter 460 (Chiropractic) or Chapter 461 (podiatry) is covered. The Covered Plan
Participant's Physician's prescription must specify the number of treatments.
Exclusion - Application or use of the following or similar technique or items for the purpose of aiding in the
provisions of a Massage: hot or cold packs; hydrotherapy; colonic irrigation; thermal therapy; chemical or herbal
preparations; paraffin baths; infrared light; ultraviolet light, Hubbard tank, contrast baths are excluded.
Benefits for Covered Services for Massage Therapy are limited as set forth in the Schedule of Benefits.
Covered Services
7-8
. Mammograms
Mammograms obtained in a medical office, medical treatment facility or through a health testing service that uses
radiological equipment registered with the appropriate Florida regulatory agencies (or those of another state) for
diagnostic purposes or breast cancer screening, are Covered Services.
Routine mammograms are limited to the following per Florida Statute:
. A baseline mammogram for any woman who is 35 years of age or older, but younger than 40 years of age;
. A mammogram every 2 years for any woman who is 40 years of age or older, but younger than 50 years of
age, or more frequently based on the Covered Plan Participant's Physician's recommendation;
. A mammogram every year for any woman who is 50 years of age or older;
. One or more mammograms a year, based upon a Physician's recommendation, for any woman who is at
risk for breast cancer because of a personal or family history of breast cancer, because of having a history of
biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has or has had
breast cancer, or because a woman has not given birth before the age of 30.
The Plan covers 100% of the cost of routine mammograms as outlined above, Per Section 627.6613. Florida
Statutes. there is no additional charge to the Covered Plan Participant for routine mammograms when rendered by
a PPO Network Provider. including but not limited to the Calendar Year Deductible and Coinsurance,
. Mastectomy Services
Breast cancer treatment including treatment for physical complications relating to a Mastectomy (including
lymphedemas), and outpatient post-surgical follow-up in accordance with prevailing medical standards as
determined by the Covered Plan Participant's attending Physician and the Covered Plan Participant. Outpatient
post-surgical follow-up care for Mastectomy services shall be covered when provided by a Provider in accordance
with the prevailing medical standards and at the most medically appropriate setting. The setting may be the
Hospital, Physician's office, outpatient center, or home of the Covered Plan Participant, The treating Physician,
after consultation with the Covered Plan Participant, may choose the appropriate setting,
. Maternity Services
Health Care Services, including prenatal care, delivery and postpartum care and assessment, provided to a Covered
Plan Participant, by a Doctor of Medicine (M,D,), Doctor of Osteopathy (D,O,), Hospital, Birth Center, Midwife or
Certified Nurse Midwife may be Covered Services. Care for the mother includes the postpartum assessment,
In order for the postpartum assessment to be covered, such assessment must be provided at a Hospital, an
attending Physician's office, an outpatient maternity center, or in the home by a qualified licensed health care
professional trained in care for a mother. Coverage under the Plan for the postpartum assessment includes
coverage for the physical assessment of the mother and any necessary clinical tests in keeping with prevailing
medical standards.
. Mental Health Services
Diagnostic evaluation, psychiatric treatment, individual therapy, and group therapy provided to a Covered Plan
Participant by a Physician, Psychologist, or Mental Health Professional for the treatment of a Mental Health
Professional for the treatment of a Mental and Nervous Disorder may be covered. These Health Care Services
include inpatient, outpatient, and Partial Hospitalization services.
Covered Services
7-9
Partial Hospitalization is a Covered Service when provided under the direction of a Physician and in lieu of
inpatient hospitalization and is combined with the inpatient Hospital benefit.
Exclusion
1, Services rendered in connection with a Condition not classified in the diagnostic categories of the
International Classification of Diseases, Ninth Edition, Clinical Modification (ICD-9 CM) or their
equivalents in the most recently published version of the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders regardless of the underlying cause, or effect, of the disorder;
2, Services for psychological testing associated with the evaluation and diagnosis oflearning disabilities or for
mental retardation;
3. Services extended beyond the period necessary for evaluation and diagnosis of learning disabilities or for
mental retardation;
4. Services for marriage counseling, when not rendered in connection with a Condition not classified in the
diagnostic categories of the International Classification of Diseases, Ninth Edition, Clinical Modification
(ICD-9 CM) or their equivalents in the most recently published version of the American Psychiatric
Association's Diagnostic and Statistical Manual of Mental Disorders;
5. Services for pre-marital counseling;
6. Services for court ordered care or testing, or required as a condition of parole or probation;
7. Services for testing aptitude, ability, intelligence or interest;
8. Services for testing and evaluation for the purpose of maintaining employment;
9. Services for cognitive remediation;
10. inpatient confinements that are primarily intended as a change of environment; or
11. inpatient (over night) mental health services received in a residential treatment facility.
. Newborn Care
A newborn child of a Covered Plan Participant shall be covered from the moment of birth provided that the
newborn child is eligible for coverage and properly enrolled. Covered Services shall consist of coverage for injury
or sickness, including the necessary care or treatment of medically diagnosed congenital defects, birth abnormalities,
and premature birth.
Newborn Assessment
An assessment of the newborn child provided the services were rendered at a Hospital, at the attending Physician's
office, at a Birth Center, or in the home by a Physician, Midwife or Certified Nurse Midwife, and the performance
of any necessary clinical tests and immunizations in keeping with prevailing medical standards.
Expenses for these services are not subject to the Calendar Year Deductible. but are subject to the Coinsurance,
Ambulance services, when necessary to transport the newborn child to and from the nearest appropriate facility
which is staffed and equipped to treat the newborn child's Condition, as determined by Wells Fargo TPA and
certified by the attending Physician as Medically Necessary to protect the health and safety of the newborn child.
. Orthotic Devices
Orthotic Devices including braces and trusses for the leg, arm, neck and back, and special surgical corsets when
prescribed by a Physician.
Covered Services
7.10
Benefits may be provided for necessary replacement of an Orthotic Device which is owned by the Covered Plan
Participant when due to irreparable damage, wear, a change in Covered Plan Participant's Condition, or when
necessitated due to growth of a child.
Reimbursements for splints for the treatment of temporomandibular joint ("TMJ") dysfunction is limited to
payment for one splint in a six-month period unless determined by KPHA to be Medically Necessary,
Exclusion
1. Expenses for arch supports, shoe inserts designed to effect conformational changes in the foot or foot
alignment, orthopedic shoes, over-the-counter, custom-made or built-up shoes, cast shoes, sneakers, ready-
made compression hose or support hose, or similar type devices/appliances regardless of intended use,
except for therapeutic shoes (including insert and/or modifications) for the treatment of severe diabetic foot
disease;
2, Expenses for orthotic appliances or devices which straighten or re-shape the conformation of the head or
bones of the skull or cranium through cranial banding or molding (e.g. dynamic orthotic cranioplasty or
molding helmets), except when the orthotic appliance or device is used as an alternative to an internal
fixation device as a result of surgery for craniosynostosis; and
3. Expenses for devices necessary to exercise, train, or participate in sports, (e,g., custom-made knee braces).
Benefits for Covered Services for TMJ Services are limited as set forth in the Schedule of Benefits. In the event the
Covered Plan Participant fails to obtain prior certification from KPHA on any Orthotic Device the Allowed
Amount will be reduced by 30 percent as a penalty. This penalty is the Covered Plan Participant's responsibility
and is in addition to all applicable obligations and limitations under the Monroe County Group Health Plan
Document (e.g.. the Deductible and Coinsurance requirements). This penalty amount will not be applied towards
the Coinsurance requirement limits (e.g.. the Individual Coinsurance requirement limit).
. Osteoporosis Screening, Diagnosis, and Treatment
Screening, diagnosis, and treatment of osteoporosis for high-risk individuals is covered, including, but not limited
to:
1. estrogen-deficient individuals who are at clinical risk for osteoporosis;
2. individuals who have vertebral abnormalities;
3. individuals who are receiving long-term glucocorticoid (steroid) therapy; or
4. individuals who have primary hyperparathyroidism, and individuals who have a family history of
os teoporosls.
. Outpatient Cardiac, Occupational, Physical, Speech, and Spinal Manipulation
1. Outpatient therapies listed below when ordered by a Physician or other health care professional licensed to
perform such services:
. Cardiac Therapy: Services provided under the supervision of a Physician, or an appropriate Provider
trained for Cardiac Therapy, for the purpose of aiding in the restoration of normal heart function in
connection with a myocardial infarction, coronary occulusion or coronary bypass surgery,
. Occupational Therapy: Services provided by a Physician or Occupational Therapist for the purpose
of aiding in the restoration of a previously impaired function lost due to a Condition,
. Physical Therapy: Services provided by a Physician or Physical Therapist for the purpose of aiding in
the restoration of normal physical function lost due to a Condition.
Covered Services
7 -11
· Speech Therapy: Services of a Physician, Speech Therapist, or licensed audiologist to aid in the
restoration of speech loss or an impairment of speech resulting from a Condition.
Benefits for Covered Services for Outpatient Cardiac. OccupationaL PhysicaL Speech Therapies are limited as set
forth in the Schedule of Benefits. In the event the Covered Plan Participant fails to obtain prior certification from
KPHA on any Cardiac. OccupationaL Physical or Speech Therapies the Allowed Amount will be reduced by 30
percent as a penalty. This penalty is the Covered Plan Participant's responsibility and is in addition to all applicable
obligations and limitations under the Monroe County Group Health Plan Document (e.g,. the Deductible and
Coinsurance requirements). This penalty amount will not be applied towards the Coinsurance requirement limits
(e.g.. the Individual Coinsurance requirement limit).
Exclusion - Application or use of the following or similar techniques or items for the purpose of aiding in the
provision of a Massage: hot or cold packs; hydrotherapy; colonic irrigation; thermal therapy; chemical or herbal
preparations; paraffin baths; infrared light; ultraviolet light; Hubbard tank, contrast baths are excluded.
· Spinal Manipulations: Services by Physicians for manipulations of the spine to correct a slight dislocation
of a bone or joint that is demonstrated by x-ray.
Benefits for Covered Services for Spinal Manipulations are limited as set forth in the Schedule of Benefits.
. Oxygen
Expenses for oxygen, the equipment necessary to administer it, and the administration of oxygen are covered.
. Physician Services
Medical or surgical Health Care Services provided by a Physician, including Services rendered in the Physician's
office, in an outpatient facility.
· Preventive Child Health Supervision Services
Periodic Physician-delivered or Physician-supervised services from the moment of birth up to the 17th birthday as
follows:
1. periodic examinations, which include a history, a physical examination, and a developmental assessment and
anticipatory guidance necessary to monitor the normal growth and development of a child;
2, oral and/ or injectable immunizations; and
3. laboratory tests normally performed for a well child.
In order to be covered, Services shall be provided in accordance with prevailing medical standards consistent with
the Recommendations for Preventive Pediatric Health Care of the American Academy of Pediatrics, the U.S.
Preventive Services Task Force, or the Advisory Committee on Immunization Practices established under the
Public Health Service Act.
Expenses for these services are not subject to the Calendar Year Deductible. but are subject to the Coinsurance.
Covered Services
7 -12
. Prosthetic Devices
The following Prosthetic Devices are covered when prescribed by a Physician:
1. artificial hands, arms, feet, legs and eyes, including permanent implanted lenses following cataract surgery;
2. appliances needed to effectively use artificial limbs or corrective braces;
3. penile prosthesis and surgery to insert penile prosthesis when necessary in the treatment of organic
impotence resulting from: treatment of prostate cancer, diabetes mellitus, peripheral neuropathy, medical
endocrine causes of impotence, arteriosclerosis/postoperative bilateral sympathectomy, spinal cord injury,
pelvic-perineal injury, post-prostatectomy, post-priapism, epispadias, and exstrophy.
Benefits may be provided for necessary replacement of a Prosthetic Device which is owned by the Covered Plan
Participant when due to irreparable damage, wear, or a change in the Covered Plan Participant's Condition, or when
necessitated due to growth of a child.
Covered Prosthetic Devices (except cardiac pacemakers and prosthetic devices incident to Mastectomy) are limited
to the first such permanent prosthesis (including the first temporary prosthesis if it is determined to be Medically
Necessary) prescribed for each specific Condition.
Exclusion:
1. Expenses for microprocessor controlled or myoelectric artificial limbs (e,g., C-Iegs); and
2. Expenses for cosmetic enhancements to artificial limbs.
. Skilled Nursing Facilities
The following Health Care Services may be Covered Services when: 1) the Covered Plan Participant is an inpatient
in a Skilled Nursing Facility; and 2) the Covered Plan Participant's Physician submits a treatment plan that is
acceptable to Wells Fargo Third Party Administrator and/or the Monroe County Group Health Plan Administrator
for coverage and payment purposes:
1. room and board;
2. respiratory, pulmonary, or inhalation therapy (e.g., oxygen)
3. drugs and medicines administered while an inpatient (except take-home drugs);
4. intravenous solutions;
5. administration of, including the cost of, whole blood and blood products;
6. dressings, including ordinary casts;
7. transfusion supplies and equipment;
8, diagnostic services, including radiology, ultrasound, laboratory, pathology and approved machine testing
(e,g., EKG);
9, chemotherapy treatment for proven malignant disease; and
10. Physical, Speech, and Occupational Therapy.
Exclusion - Expenses for an inpatient admission to a Skilled Nursing Facility for purposes of Custodial Care,
convalescent care, or any other service primarily for the convenience of the patient and/ or his/her family members
or the Provider,
Covered Services
7 -13
· Substance Dependency Care and Treatment
Care and treatment of Substance Dependency including:
1. Health Care Services (inpatient and outpatient or any combination thereof) provided to a Covered Plan
Participant by a Physician or Psychologist in a program accredited by the Joint Commission of the
Accreditation of Healthcare Organizations or approved by the state of Florida for Detoxification or
Substance Dependency; and
2. Physician and Psychologist outpatient visits for the care and treatment of Substance Dependency.
· Surgical Assistant Services
Services rendered by a Physician, Registered Nurse First Assistant or Physician Assistant when acting as a surgical
assistant (provided no intern, resident, or other staff physician is available) when the assistant is necessary. The
Allowed Amount for such is limited to 20 percent of the surgical procedure's Allowed Amount.
· Surgical Procedures
Surgical procedures performed by a Physician including the following:
1. sterilization (tubal ligations and vasectomies), regardless of Medical Necessity;
2. surgery to correct deformity which was caused by disease, trauma, birth defects, growth defects or prior
therapeutic processes;
3. oral surgical procedures for excisions of tumors, cysts, abscesses, and lesions of the mouth;
4. surgical procedures involving bones or joints of the jaw (e.g" temporomandibular joint (I'MJ) and facial
region if, under accepted medical standards, such surgery is necessary to treat Conditions caused by
congenital or developmental deformity, disease, or injury;
5. surgical procedures performed on a Covered Plan Participant for the treatment of Morbid Obesity (e.g.,
intestinal bypass, stomach stapling, balloon dilation) and the associated care provided the Covered Plan
Participant meets all of the following criteria:
· the Covered Plan Participant has not previously undergone the same or similar procedure in the
lifetime of the Plan;
· before proceeding with a gastric procedure, the Covered Plan Participant shall be actively engaged in
a disease management program for obesity for a minimum of six (6) months, This program must be
supervised by a Physician and include nutrition and exercise, including dietitian consultation, low
calorie diet, increase physical activity and behavioral modification. This program must be
documented in a medical record that includes: 1) regular monthly Physician visits; 2) participation in
nutrition and exercise programs that are supervised by a Physician working in cooperation with
dietitians and/or nutritionists; and 3) healthy activity with supervised exercise three (3) to five (5)
times a week;
· the Covered Plan Participant must enter a dedicated bariatric program with dietary/nutrition and
psychological/psychiatric preoperative evaluation and the program must address long-term lifestyle
management;
Covered Services 7 _ 14
. the need for surgery must be documented by a Physician other than the surgeon for the bariatric
procedure;
. Morbid Obesity must have existed for five (5) years prior to surgical consideration and documented
by Physician records;
. weight loss dietary and exercise program must occur for a minimum of six (6) months or longer
prior to surgery, must be within the two (2) years prior to surgery and must be documented in a
medical record, not a summary letter from the Physician.
If the Covered Plan Participant fails to achieve a 10% reduction in BMI, he/ she may be eligible for surgery
if BMI> 35 with co-morbidities or BMI>40.
Exclusion - Surgical procedures for the treatment of Morbid Obesity including: intestinal bypass, stomach
stapling, balloon dilation and associate care for the surgical treatment of Morbid Obesity, if the Covered
Plan Participant has previously undergone the same or similar procedures in the lifetime of the Plan.
Surgical procedures performed to revise. or correct defects related to the surgical procedures. including but
not limited to a prior intestinal bypass. stomach stapling or balloon dilation are also excluded.
6. services of a Physician for the purpose of rendering a second surgical opinion and related diagnostic services
to help determine the need for surgery.
Reimbursement Guidelines for Surgical Procedures
. Reimbursement for multiple surgical procedures performed in addition to the primary surgical procedure,
on the same or different areas of the body, during the same operative session will be based on 50 percent of
the Allowed Amount for any secondary surgical procedure(s) performed and the Coinsurance indicated in
the Covered Plan Participant's Schedule of Benefits. This guideline is applicable to all bilateral procedures
and all surgical procedures performed on the same date of service;
. Reimbursement for Incidental Surgical Procedures is limited to the Allowed Amount for the primary
procedure, and there is no additional payment for any incidental procedure. An "Incidental Surgical
Procedure" is defined as a surgery where one, or more than one, surgical procedure is performed through
the same incision or operative approach as the primary surgical procedure which, in the opinion of Wells
Fargo TPA and/or the Monroe County Group Health Plan Administrator, is not clearly identified and/or
do not add significant time or complexity to the surgical session. For example, the removal of a normal
appendix performed in the conjunction with a Medically Necessary hysterectomy is an Incidental Surgical
Procedure (i.e" there is no reimbursement for the removal of the normal appendix in the example); and
. Reimbursement for surgical procedures for fracture care, dislocation treatment, debridement, wound repair,
unna boot, and other related Health Care Services, is included in the Allowed Amount of the surgical
procedure,
. Transplant Services
Limited to the procedures listed below, if coverage has been predetermined by Wells Fargo Third Party
Administrator and the Monroe County Group Health Plan Administrator, subject to the conditions and limitations
described below.
Transplant includes pre-transplant, transplant and post-discharge services, and treatment of complications after
transplantation. Benefits will only be paid for services, care and treatment received or in connection with a:
Covered Services
7 -15
1, Bone Marrow Transplant which is specifically listed in the rule 59B-12.001 of the l'Ionda Administative Code
or any successor or similar rule or covered by Medicare as described in the most recent published Medicare
Coverage Issues Manual issued by the Center for Medicare and Medicaid Services. Coverage will be
provided for the expenses incurred for the donation of bone marrow by a donor to the same extent such
expenses would be covered for a Covered Plan Participant and will be subject to the same limitations and
exclusions as would be applicable to a Covered Plan Participant. Covered expenses include the reasonable
expenses of searching among immediate family members and donors identified through the National Bone
Marrow Donor Program;
2. corneal transplant;
3. heart transplant (including a ventricular assist device, if indicated, when used as a bridge to heart
transplantation);
4. heart-lung combination transplant;
5. liver transplant;
6. kidney transplant;
7. pancreas transplant;
8. pancreas transplant performed simultaneously with a kidney transplant, or
9. lung-whole single or whole bilateral transplant.
In order to ensure that a proposed transplant is covered, the Covered Plan Participant or the Covered Plan
Participant's Physician should notify Wells Fargo TP A in advance of the Covered Plan Participant's initial
evaluation for the procedure. Corneal and kidney transplants do not require prior benefit determination.
Wells Fargo TPA and/or the Monroe County Group Health Plan Administrator will make a prior benefit
determination concerning the proposed transplant, however, Wells Fargo TPA must be given the opportunity to
evaluate the clinical results of the Covered Plan Participant's initial evaluation for the transplant as well as any
applicable protocols, If Wells Fargo TP A is not given an opportunity to make the prior benefit determination, the
transplant may be subject to a reduction in payment in accordance with the rules set forth in the Benefits Utilization
Management/Utilization Review Programs Section. Once coverage for the transplant is predetermined, Wells
Fargo TP A will advise the Covered Plan Participant or the Covered Plan Participant's Physician of the coverage
decision.
For covered transplants, and all related complications, the Plan will cover:
· Hospital and Physician expenses provided that such services will be paid in accordance with the same terms
and conditions for care and treatment of any other covered Condition.
· Donor costs and organ acquisition for transplants, other than Bone Marrow Transplants, provided such
costs are not covered in whole or in part by any other insurance carrier, organization or person other than
the donor's family or estate.
Covered Plan Participants may call the Wells Fargo TPA Customer Service telephone number indicated in the
Monroe County Group Health Plan Document or on the Covered Plan Participant's Identification Card in order to
determine which Bone Marrow Transplants are covered under the Monroe County Group Health Plan Document.
Covered Services
7 -16
Exclusion
Expenses for the following are excluded:
1. transplant procedures not included in the list above, or otherwise excluded under the Monroe County
Group Health Plan Document (e.g., Experimental or Investigational transplant procedures);
2, transplant procedures involving the transplantation or implantation or any non-human organ or tissue;
3, transplant procedures related to the donation or acquisition of an organ or tissue for a recipient who is not
covered under the Monroe County Group Health Plan Document;
4. transplant procedures involving the implant of an artificial organ, including the implant of the artificial
organ;
5, any organ, tissue, marrow, or stem cells which is/are sold rather than donated;
6, any Bone Marrow Transplant which is not specifically listed in rule 59-B-12.001 of the J-::jorida Administrative
Code or any successor or similar rule or covered by Medicare pursuant to a national coverage decision made
by the Centers for Medicare and Medicaid Services as evidenced in the most recently published Medicare
Coverage Issues Manual;
7. any Service in connection with the identification of a donor from a local, state or national listing, except in
the case of a Bone Marrow Transplant;
8, any non-medical costs, including but not limited to, temporary lodging or transportation costs for the
Covered Plan Participant and/or the Covered Plan Participant's family to and from the approved facility;
and
9, any artificial heart or mechanical device that replaces either the atrium and/or the ventricle.
Covered Services
7 -17
SECTION 8 .. GENERAL EXCLUSIONS
Introduction
The Monroe County Group Health Plan Document expressly excludes expenses for the following Health Care
Services, supplies, drugs or charges. The following exclusions are in addition to any exclusions specified in the
Covered Services Section or any other section of the Monroe County Group Health Plan Document.
· Adult Wellness preventive care or routine screening Services, except as specified under the Benefit
Maximums section in the Schedule of Benefits,
· Arch Supports shoe inserts designed to effect conformational changes in the foot or foot alignment,
orthopedic shoes, over-the-counter, custom-made or built-up shoes, cast shoes, sneakers, ready-made
compression hose or support hose, or similar type devices/appliances regardless or intended use, except for
therapeutic shoes (including inserts and/or modifications) for the treatment of severe diabetic foot disease,
· Assisted Reproductive Therapy (Infertility) including, but not limited to, associated Services, supplies,
and medications for In Vitro Fertilization (IVF); Gamete Intrafallopian Transfer (GIFT) procedures; Zygote
Intrafallopian Transfer (ZIFT) procedures; Artificial Insemination (AI); embryo transport; surrogate
parenting, donor semen and related costs including collection and preparation; and infertility treatment
medication,
· Autopsy or postmortem examination services, unless specifically requested by Wells Fargo Third Party
Administrator,
· Complementary or Alternative Medicine including, but not limited to, self-care or self-help training;
homeopathic medicine and counseling; Ayurvedic medicine such as lifestyle modifications and purifications
therapies; traditional Oriental medicine including naturopathic medicine; environmental medicine including
the field of clinical ecology; chelation therapy; thermography; mind-body interactions such as meditation,
imagery, yoga, dance, and art therapy; biofeedback; prayer and mental healing; manual healing methods such
as the Alexander technique, aromatherapy, Ayurvedic massage, craniosacral balancing, Feldenkrais method,
Hellerwork, polarity therapy, Reichian therapy, reflexology, rolfing, shiatsu, traditional Chinese massage,
Trager therapy, trigger-point myotherapy, and biofield therapeutics; Reiki, SHEN therapy, and therapeutic
touch; bioelectromagnetic applications in medicine; and herbal therapies,
· Complications of Non-Covered Services including the diagnosis or treatment of any Condition which is a
complication of a non-covered Health Care Service (e.g" Health Care Services to treat a complication of
cosmetic surgery are not covered),
· Contraceptive medications, devices, appliances, or other Health Care Services when provided for
contraception.
General Exclusions
8-1
. Cosmetic Services, including any Service to improve the appearance or self-perception of an individual
(except as covered under the Breast Reconstructive Surgery category), including and without limitation:
cosmetic surgery and procedures or supplies to correct hair loss or skin wrinkling (e,g" Minoxidil, Rogaine,
Retin-A), and hair implants/transplants.
. Costs related to telephone consultations, failure to keep a scheduled appointment, or completion of any
form and/ or medical information.
. Custodial Care and any service of a custodial nature, including and without limitation: Health Care
Services primarily to assist in the activities of daily living; rest homes; home companions or sitters; home
parents; domestic maid services; respite care; and provision of services which are for the sole purposes of
allowing a family member or caregiver of a Covered Plan Participant to return to work.
. Dental Care or treatment of the teeth or their supporting structures or gums, or dental procedures,
including but not limited to: extraction of teeth, except as covered under the "Dental" Covered Services
subsection; restoration of teeth with or without fillings, crowns or other materials, bridges, cleaning of teeth,
dental implants, dentures, periodontal or endodontic procedures, orthodontic treatment (e,g" braces),
intraoral prosthetic devices, palatal expansion devices, bruxism appliances, and dental x-rays, except as
covered under the "Dental" Covered Services subsection, This exclusion does not apply to TMJ, wisdom
tooth extraction, an Accidental Dental Injury and the Child Cleft Lip and Cleft Palate Treatment Services as
described in the Covered Services Section,
. Diabetic Equipment and Supplies used for the treatment of diabetes which are otherwise covered under
the Pharmacy Program.
. Drugs
1, Prescribed for uses other than the Food and Drug Administration (FDA) approved label indications. This
exclusion does not apply to any drug that has been proven safe, effective and accepted for the treatment of
the specific medical Condition for which the drug has been prescribed, as evidenced by the results of good
quality controlled clinical studies published in at least two or more peer-reviewed full length articles in
respected national professional medical journals. This exclusion also does not apply to any drug prescribed
for the treatment of cancer that has been approved by the FDA for at least one indication, provided the
drug is recognized for treatment of the Covered Plan Participant's particular cancer in a Standard
Reference Compendium or recommended for treatment of a Covered Plan Participant's particular cancer
in Medical Literature, Drugs prescribed for the treatment of cancer that have not been approved for any
indication are excluded.
2, Any non-Prescription medicines, remedies, vaccines, biological products (except insulin), pharmaceuticals
or chemical compounds, vitamins, mineral supplements, fluoride products, over-the-counter drugs,
products, or health foods,
3. Any drug which is indicated or used for sexual dysfunction (e,g" Cialis, Viagra) (except when drugs are
being used for Medically Necessary treatment of organic impotence resulting from: treatment of prostate
cancer, diabetes mellitus, peripheral neuropathy, medical endocrine causes of impotence,
General Exclusions
8-2
arteriosclerosis/postoperative bilateral sympathectomy, spinal cord injury, pelvic-perineal injury, post-
prostatectomy, post-priapism, epispadias, and exstrophy). The exception described in exclusion number
one above does not apply to sexual dysfunction drugs excluded under this paragraph.
· Experimental or Investigational Services except as otherwise covered under the Bone Marrow
Transplant provision of the Transplant Services subsection,
· Food and Food Products prescribed or not, except as covered in the Enteral Formulas subsection of the
"Covered Services" section.
· Foot Care which is routine, including any Health Care Service, in the absence of disease. This exclusion
includes, but is not limited to: non-surgical treatment of bunions; flat feet; fallen arches; chronic foot strain;
trimming of toenails corns, or calluses.
General Exclusions include, but are not limited to:
1. any Health Care Service received prior to a Covered Plan Participant's Effective Date or after the date the
Covered Plan Participant's coverage terminates;
2. any Service to diagnose or treat any Condition resulting from or in connection with a Covered Plan
Participant's job or employment;
3, any Health Care Services not within the service subsections described in the "Covered Services" section,
any rider, or Endorsement attached hereto, unless such services are specifically required to be covered by
applicable law;
4. any Health Care Services provided by a Physician or other health care Provider related to a Covered Plan
Participant by blood and marriage;
5. any Health Care Services which is not Medically Necessary as determined by Wells Fargo TPAand/or
KPHA and defined in the Monroe County Group Health Plan Document. The ordering of a Service by a
health care Provider does not in itself make such Service Medically Necessary or a Covered Service;
6, any Health Care Service rendered at no charge;
7. expenses for claims denied because information requested was not received from a Covered Plan
Participant regarding whether or not they have other coverage and the details of such coverage;
8. any Health Care Services to diagnose or treat a Condition which, directly or indirectly, resulted from or is
in connection with:
a) war or an act of war; whether declared or not;
b) a Covered Plan Participants participation in, or commission of, any act punishable by law
as a misdemeanor or felony, or which constitutes riot, or rebellion;
c) a Covered Plan Participant engaging in an illegal occupation;
d) Services received at military or government facilities; or
General Exclusions
8-3
e) Services received to treat a Condition arising out of a Covered Plan Participants service in
the armed forces, reserves and/or National Guard;
f) Services that are not patient-specific, as determined solely by the Plan
9. Health Care Services rendered because they were ordered by a court, unless such Services are Covered
Services under the Monroe County Group Health Plan Document.
10. any Health Care Services rendered by or through a medical or dental department maintained by or on
behalf of an employer, mutual association, labor union, trust, or similar person or group; or
11. Health Care Services that are not direct, hands-on, and patient specific, including, but not limited to the
oversight of a medical laboratory to assure timeliness, reliability, and/or usefulness of test results, or the
oversight of the calibration of laboratory machines, equipment, or laboratory technicians.
. Genetic Screening including the evaluation of genes of a Covered Plan Participant to determine if they are
carriers of an abnormal gene that puts them at risk for a disease.
. Hearing aids (external or implantable aids) and Services related to the fitting or provision of hearing aids,
including tinnitus maskers, batteries, and cost of repair; and routine hearing Tests or Services necessary due
to degenerative hearing loss not specifically caused by sickness, congenital defect or trauma.
. Immunizations except those covered under the Preventive Child Health Supervision Services or Adult
Wellness Services subsections of the "Covered Services" section.
. Maternity Services rendered to a Covered Plan Participant who becomes pregnant as a Gestational
Surrogate under the terms of, and in accordance with, a Gestational Surrogacy Contract or Arrangement.
This exclusion applies to all expenses for prenatal, intra-partal, and post-partal Maternity/Obstetrical Care,
and .Health Care Services rendered to the Covered Plan Participant acting as a Gestational Surrogate,
For the definition of Gestational Surrogate and Gestational Surrogacy Contract see the Definitions section
of the Monroe County Employee Group Health Plan Document.
. Oral Surgery except as provided under the "Covered Services" section.
. Orthomolecular Therapy including nutrients, vitamins, and food supplements.
. Oversight of a medical laboratory by a Physician or other health care Provider. "Oversight" as used in
this exclusion shall include, but is not limited to, the oversight of:
1. the laboratory to assure timeliness, reliability, and/or usefulness of test results;
2, the calibration of laboratory machine or testing of laboratory equipment;
General Exclusions
8-4
3, the preparation, review or updating of any protocol or procedure created or reviewed by a Physician or
other health care Provider in connection with the operation of the laboratory; and
4. laboratory equipment or laboratory personnel for any reason.
· Personal Comfort~ Hygiene or Convenience Items and Services deemed to be not Medically Necessary
and not directly related to the Covered Plan Participant's treatment including, but not limited to:
1. beauty and barber services;
2. clothing including support hose;
3. radio and television;
4. guest meals and accommodations
5. telephone charges;
6. take-home supplies;
7. travel expenses (other that Medically Necessary Ambulance Services);
8. motel/hotel accommodations;
9. air conditioners, furnaces, air filters, air or water purification systems, water softening systems, humidifiers,
dehumidifiers, vacuum cleaners or any other similar equipment and devices used for environmental control
or to enhance an environmental setting;
10, hot tubs, Jacuzzis, heated spas; pools; or memberships to health clubs;
11, heating pads, hot water bottles, or ice packs;
12. physical fitness equipment;
13, hand rails and grab bars; and
14. Massages except as covered in the "Covered Services" section of the Monroe County Group Health Plan
Document.
· Prescription Drug Copayments, Coinsurance and Deductibles (if any), or any part thereof, the Covered
Plan Participant is obligated to pay under the Prescription Drug Program.
· Rehabilitative Therapies provided on an inpatient or outpatient basis, except as provided in the Hospital,
Inpatient Rehabilitation, Skilled Nursing Facility, Home Health Care, and Outpatient Cardiac, Occupational,
Physical, Speech, and Spinal Manipulations subsections of the "Covered Services" section. Rehabilitative
Therapies provided for the purpose of maintaining rather than improving the Covered Plan Participant's
Condition are also excluded.
· Reversal of V oluntary~ Surgically-Induced Sterility including the reversal of tubal ligations and
vasectomIes.
· Sexual Reassignment~ or Modification Services including, but not limited to, any Health Care Services
related to such treatment, such as psychiatric Services.
· Smoking Cessation Programs including any service to eliminate or reduce the dependency on, or
addiction to, tobacco, including but not limited to nicotine withdrawal programs and nicotine products (e.g"
gum, transdermal patches, etc.
General Exclusions
8-5
. Sports-Related devices and services used to affect performance primarily in sports-related activities; all
expenses related to physical conditioning programs such as atWetic training, bodybuilding, exercise, fitness,
flexibility, and diversion or general motivation.
. Training and Educational Programs, or materials, including; but not limited to programs or materials for
pain management and vocational rehabilitation, except as provided under the Diabetes Outpatient Self
Management subsection of the "Covered Services" section,
. Travel or vacation expenses even if prescribed or ordered by a Provider.
. Volunteer Services or Services which would normally be provided free of charge and any charges
associated with Deductible, Coinsurance, or Copayments (if applicable) requirements which are waived by a
health care Provider.
. Weight Control Services including any Service to lose, gain, or maintain weight regardless of the reason
for the Service or whether the Service is part of a treatment plan for a Condition. This exclusion includes,
but is not limited to, weight control/loss programs, appetite suppressants and other medications; dietary
regimens; food or food supplements; exercise programs; exercise or other equipment,
. Wigs and/ or cranial prosthesis.
General Exclusions
8-6
SECTION 9.. ELIGIBILITY FOR COVERAGE
Each employee or other individual who is eligible to participate in the Plan, and who meets and continues to meet
the eligibility requirements described in the Monroe County Group Health Plan Document, shall be entitled to
apply for coverage under the Plan. These eligibility requirements are binding upon Covered Plan Participants and
their eligible family members. No changes in the eligibility requirements will be permitted except as permitted by
the Monroe County Group Health Plan Administrator. Acceptable documentation may be required as proof that
an individual meets and continues to meet the eligibility requirements such as a court order naming the Eligible
Employee as the legal guardian or appropriate adoption documentation described in the "Enrollment and Effective
Date of Coverage" section,
Eligibility Requirements for Covered Employee
In order to be eligible to enroll as a Covered Employee, an individual must be an Eligible Employee. An Eligible
Employee must meet each of the following requirements:
· The employee must be a bona fide employee of a Monroe County Employer participating in the Monroe
County Group Health Plan;
· The employee must be actively working 25 hours or more per week on a regular basis;
· The employee must have completed the applicable waiting period of 60 days of continuous service (Waiting
Period);
· The employee must meet any additional eligibility requirement(s) required by the Monroe County Group
Health Plan Administrator,
Employees and qualified Dependents are eligible for coverage on the day following the 60th day of continuous
service or Waiting Period.
Eligibility Requirements for Covered Retirees
An individual who meets the eligibility criteria specified below is an Eligible Retiree and is eligible to apply for
coverage under this Monroe County Group Health Plan Document:
· A person who elects to continue or re-enroll in the Monroe County Group Health Plan at the time of their
official retirement under the Florida Retirement System (FRS) and if not currently an Eligible Employee,
that Monroe County was their last FRS employer prior to retirement. If the Eligible Retiree fails to elect
retiree coverage at time of retirement. waives retiree coverage or lets coverage lapse. the Eligible Retiree will
permanently lose entitlement to enroll under the Monroe County Group Health Plan.
AND
· meets one of the following requirements as established by the Board of County Commissioners Resolution
No. 354-2003 - Retirement Eligibility Requirements for Group Health Insurance Coverage for Monroe
County Employees:
Eligibility for Coverage
9-1
1. Hire date prior to 10/01/01; a minimum of ten (10) years of full-time service with Monroe County;
retire under the FRS on, or after, the Normal Retirement date as described in Section 121.021 (29),
F,S.; and covered under the Plan at retirement, Current contribution is HIS* for 10 years of service
with FRS.
2. Hire date prior to 10/01/01; a minimum of ten (10) years of full-time service with Monroe County;
retire under the FRS at an Early Retirement date as described in Section 121.021 (30), F,S.; covered
under the Plan at retirement; 60 years of age or age and years of service must satisfy Rule of 70** at
time of retirement. Current contribution is HIS* for 10 years of service with FRS.
3. Hire date prior to 10/01/01; a minimum of ten (10) years of full-time service with Monroe County;
retire under the FRS at an Early Retirement date as described in Section 121.021 (30), F.S,; covered
under the Plan upon retirement; NOT 60 years of age and age and years of service do not satisfy Rule
of 70**, Current contribution is the departmental rate. Upon attaining either the age of 60 or satisfy
Rule of70** the contribution will change to the HIS* for 10 years of service with FRS.
4. Hire date on or after 10/01/01; a minimum of ten (10) years of full-time service with Monroe
County; retire with the FRS as described in Section 121.021 (29) or 121.021 (30), F.S.; covered under
the Plan upon retirement. Current contribution is the departmental rate,
5. Retire from FRS as described in Section 121.021 (29) or 121.021 (30), F.S,; less than ten (10) years of
full-time service with Monroe County; covered under the Plan upon retirement. Current contribution
is the departmental rate.
6. Former Eligible Employee with at least ten (10) years of full-time service with Monroe County;
covered under the Plan upon termination of employment and fully vested under FRS who elected
not to retire under FRS upon termination of employment with Monroe County, may elect to re-enroll
under the Plan upon retirement under FRS, provided that Monroe County was their last FRS
employer. Current contribution is the departmental rate.
*HIS - Health Insurance Subsidy per Section 112.363, Florida Statutes.
**Rule of 70 - Eligible Retirees satisfy the Rule of 70 if their age, combined with the number of years of
service with Monroe County totals 70 or more.
Eligibility Requirements for Dependent(s)
An individual who meets the eligibility criteria specified below is an Eligible Dependent and is eligible to apply for
coverage under the Plan:
1. The Covered Employee/Retiree's spouse under a legally valid existing marriage or Registered
Domestic Partner;
2. A Covered Employee/Retiree's child, provided the child is under the age 19 and unmarried, except
as provided below.
3. The Covered Employee/Retiree's child who:
a. is under the age of 25 or is still within the Calendar Year in which he or she reaches age 25 (or in the
case of a Foster Child, is no longer eligible under the Foster Child Program), and:
1.
is dependent upon the Covered Employee/Retiree for financial support; and
Eligibility for Coverage
9-2
11. is living in the household of the Covered Employee/Retiree or is a full-time or part-time
student; or
b. is under the age of 30 or is still within the Calendar Year in which he or she reaches age 30 and who:
1. is unmarried and does not have a dependent;
11. is a Florida resident or a full-time or part-time student;
111. is not enrolled in any other health coverage policy or plan;
lV, is not entitled to benefits under Title XVII of the Social Security Act; and
v. when:
1. enrolling for the first time under the Covered Employee/Retiree's policy after age
25; or
2. re-enrolling after the end of the Calendar Year in which the child reaches the age of
25, with no gap in Creditable Coverage longer than 63 days,
c. in the case of a handicapped dependent child, such child is eligible to continue coverage, beyond the
limiting age of 30, as a Covered Dependent if the dependent child is:
1. otherwise eligible for coverage under the Plan;
11. incapable of self-sustaining employment by reason of mental retardation or physical
handicap; and
111. chiefly dependent upon the Covered Employee/Retiree for support and maintenance
provided that the symptoms or causes of the child's handicap existed prior to the
child's 30th birthday.
This eligibility shall terminate on the last day of the month in which the dependent child no longer
meets the requirements for extended eligibility as a handicapped child.
or
2. The newborn child of a Covered Dependent child who has not reached the end of the Calendar Year in
which he or she becomes 25. Coverage for such newborn child will automatically terminate 18 months after
the birth of the newborn child.
As used in this Plan. the term "child" or "children" means:
1. Natural children;
2. Legally adopted children;
3. Children placed in your home for adoption pursuant to Chapter 23, Florida Statutes;
4. Stepchildren you are eligible to claim as dependents on your current federal tax return;
5, Foster children for whom you have been granted court-ordered temporary custody or other custody;
6, Children for whom you are legal guardian or have court-ordered temporary custody or other custody.
Note: If a Covered Dependent child who has reached the end of the Calendar Year in which he or she becomes
25, obtains a dependent of their own (e,g., through birth or adoption), such newborn child will not be eligible for
this coverage and the Covered Dependent child will also lose his or her eligibility for this coverage, It is the
Covered Employee's sole responsibility to establish that a child meets the applicable requirements for eligibility.
Eligibility will terminate on the last day of the month in which the child no longer meets the eligibility criteria
required to be an Eligible Dependent,
E Iigi bi Iity for Coverage
9 3
SECTION 10.. ENROLLMENT AND EFFECTIVE DATE OF COVERAGE
Eligible Employees/Eligible Retirees and Eligible Dependents may enroll for coverage according to the provisions
below,
Any Eligible Employee/Eligible Retiree or Eligible Dependent who is not properly enrolled will not be covered
under the Monroe County Group Health Plan Document. Neither Wells Fargo TPA nor the Monroe County
Group Health Plan Administrator will have any obligation whatsoever to any individual who is not properly
enrolled.
The Medicare, Medicaid, and SCHIP Extension Act of 2007 (p.L. No. 110-173) requires Group Health Plans to
share eligibility information pertaining to all Covered Plan Participants with the Centers for Medicare and Medicaid
Services (CMS). This law was enacted to enable Group Health Plans and Medicare to more accurately identify
those Participants enrolled in both the Plan and Medicare coverage and to expedite the appropriate coordination of
benefits. In accordance with this requirement, complete eligibility information (including Dependent Social Security
numbers) will be required at the time of enrollment in the Plan.
Any Employee/Retiree or Eligible Dependent who is eligible for coverage under the Monroe County Group Health
Plan Document may apply for coverage according to the provisions set forth below,
Enrollment Forms/Electing Coverage
To apply for coverage, the Eligible Employee/Retiree must:
1. complete and submit, through the Plan Administrator (Benefits Office), the Enrollment Form;
2. provide any additional information needed to determine eligibility, at the request of Wells Fargo TPA or the
Monroe County Group Health Plan Administrator;
3. pay any required contribution; and
4. complete and submit through the Monroe County Health Plan Administrator (Benefits Office), an
Enrollment Form to add Eligible Dependents.
When making application for coverage, the Eligible Employee/Retiree must elect one of the types of coverage
available under the Plan's program. Such types may include:
Employee/Retiree Only Coverage - This type of coverage provides coverage for the Covered Employee/Retiree
only.
Employee/Retiree & Spouse Coverage - This type of coverage provides coverage for the Covered
Employee/Retiree and their spouse under a legally valid existing marriage or Registered Domestic Partner.
Employee/Retiree & Child(ren) Coverage - This type of coverage provides coverage for the Covered
Employee/Retiree and their covered child(ren) only.
Employee/Retiree & Family Coverage - This type of coverage provides coverage for the Covered
Employee/Retiree and their Covered Dependents.
Enrollment and Effective Date of Coverage
10 - 1
Contribution amounts are based on the type of coverage selected. These contributions amounts are set by the
Monroe County Board of County Commissioners.
Enrollmeht Periods
The enrollment periods for applying for coverage are as follows:
Initial Enrollment Period is the period of time during which Eligible Employees are first eligible to enroll their
Eligible Dependents, It starts on the Eligible Employee's initial date of hire and ends no less than 30 days later.
Annual Open Enrollment Period is the period of time during which Eligible Employees and Eligible Retirees are
given the opportunity to select coverage from among the alternatives included in the Plan's program. The period is
established by the Monroe County Group Health Plan Administrator, occurs annually, and will take place when
specified by Monroe County Group Health Plan Administrator.
Special Enrollment Period is the 30-day period of time immediately following a special circumstance during
which an Eligible Retiree or Eligible Dependent may enroll for coverage. Special circumstances are described in the
Special Enrollment Period subsection.
Employee Enrollment
All Eligible Employees will complete an Enrollment Form at time of hire and are enrolled in the Monroe County
Group Health Plan (regardless of other coverage), The Effective Date will be the date specified by the Monroe
County Group Health Plan Administrator (Benefits Office).
Annual Open Enrollment Period
During an Annual Open Enrollment Period Eligible Dependents (except special rules apply to Eligible Dependent
child(ren) who have reached the end of the Calendar Year in which they become 25) who were not enrolled in the
Plan during the Initial Enrollment Period or a Special Enrollment Period may be enrolled in the Plan. Eligible
Employees and Eligible Retirees may also make coverage changes during this time. The effective date of coverage
will be the date established by the Monroe County Group Health Plan Administrator.
Eligible Employees and Eligible Retirees who do not make changes to their coverage selection, during the Annual
Open Enrollment Period will retain the coverage in effect unless the Eligible Retiree or the Eligible Dependent has
a new opportunity to enroll due to a special circumstance as outlined in the Special Enrollment Period subsection of
this section.
Note: The Annual Open Enrollment Period will only apply to Eligible Dependent child(ren) who have reached the
end of the Calendar Year in which they become 25, but who have not reached the end of the Calendar Year in
which they become 30, if the Eligible Dependent child(ren) had other Creditable Coverage, lost such Creditable
Coverage and applied for coverage under this policy within 63 days of the loss of the prior Creditable Coverage.
Enrollment and Effective Date of Coverage
10.2
Special Enrollment Period
An Eligible Retiree and/or Eligible Dependents may apply for coverage as a result of a special enrollment event,
To apply for coverage, the Eligible Retiree and/or Eligible Dependents must complete the applicable Enrollment
Form and forward it to the Monroe County Group Health Plan Administrator (Benefits Office) within 30 days of
the date of the special enrollment event.
For the purposes of the Monroe County Group H~ealth Plan Document, the following are the special enrollment
events:
1. Eligible Dependents who lose their coverage under another group health benefit plan, or coverage under
other health insurance, or COBRA continuation coverage that the Eligible Dependent was covered under at
the time of initial enrollment provided the loss of other coverage under a group health plan or health
insurance coverage was a result of termination of employment, reduction in the number of hours worked,
reaching or exceeding the maximum lifetime of all benefits under other health coverage, the employer
ceased offering group health coverage, death of a spouse, divorce, legal separation or employer
contributions toward such coverage was terminated.
Note: Loss of coverage for failure to pay any required contribution/premium on a timely basis or for cause
(such as making a fraudulent claim or an intentional misrepresentation of a material fact in connection with the
prior health coverage) is not a qualifying event for special enrollment.
2. Eligible Employee/Retiree obtains an Eligible Dependent through marriage, established Domestic
Partnership, birth, adoption or placement in anticipation of adoption.
3. Former Eligible Employee with at least ten (10) years of full-time service with Monroe County;
covered under the Plan upon termination of employment and fully vested under FRS who elected not to
retire under FRS upon termination of employment with Monroe County, must re-enroll under the Plan
within 30 days of retirement under FRS, provided that Monroe County was their last FRS employer.
4. Pursuant to the Children's Health Insurance Program Reauthorization Act of 2009, a Dependent shall
become eligible for enrollment under the Plan following the loss of the Dependent's eligibility for
Participation in state Medicaid or Children's Health Insurance Program (CHIP) coverage. Following such a
loss of eligibility, a Dependent special enrollment period shall commence on the date the Dependent loses
eligibility for Medicaid or CHIP coverage or on the date the Dependent or Employee becomes eligible
becomes eligible for premium assistance subsidy under Medicaid or CHIP. In accordance with federal law,
this Dependent special enrollment period shall continue for a period of not less than sixty (60) days. (This is
an exception to the previously stated thirty (30) day enrollment period allotted for other types of Dependent
special enrollment qualifying events.)
The Effective Date of coverage as a result of a special enrollment event is the date of the special enrollment event
(e.g., date of birth, date of marriage). Eligible Dependents who do not enroll during the Special Enrollment Period
must wait until the next Annual Open Enrollment Period (see the Dependent Enrollment subsection of this section
for the rules relating to enrollment of Eligible Dependents of a Covered Plan Participant).
Note: The Special Enrollment Period will only apply to Eligible Dependent child(ren) who have reached the end
of the Calendar Year in which they become 25, but who have not reached the end of the Calendar Year in which
they become 30, if the Eligible Dependent child(ren) had other Creditable Coverage, lost such Creditable Coverage
and applied for coverage under this policy within 63 days of the loss of the prior Creditable Coverage.
Enrollment and Effective Date of Coverage
10 - 3
Dependent Enrolhnent
An individual may be added upon becoming an Eligible Dependent of a Covered Employee/Retiree. Below are
special rules for certain Eligible Dependents.
Newborn Child - To enroll a newborn child who is an Eligible Dependent, the Covered Employee/Retiree must
submit an Enrollment Form to the Monroe County Group Health Plan Administrator (Benefits Office) during the
30-day period immediately following the date of birth. The Effective Date of coverage for the newborn child will
be the date of birth.
If timely notice is given, no additional contribution will be charged for coverage of the newborn child for not less
than 30 days after the birth of the child. If timely notice is not received, the applicable contribution will be charged
from the date of birth. The applicable contribution for the child will be charged after the initial 30-day period in
either case. Coverage will not be denied for a newborn child of the Covered Employee provides notice to the
Monroe County Group Health Plan Administrator (Benefits Office) and an Enrollment Form is received within the
60-day period following the birth of the child and any applicable contribution is paid back to the date of birth.
If the newborn is not enrolled within sixty days of the date of birth, the newborn child will not be covered, and may
only be enrolled under the Monroe County Group Health Plan Document during an Annual Open Enrollment
Period, or in the case of a Special Enrollment event, during the Special Enrollment Period.
Note: Coverage for a newborn child of a Covered Dependent child who has not reached the end of the Calendar
Year in which he or she becomes 25 will automatically terminate 18 months after the birth of the newborn child.
For a Covered Dependent child who has reached the end of the Calendar Year in which he or she becomes 25, if
the Covered Dependent child obtains a dependent of their own (e.g., through birth or adoption), such newborn
child will not be eligible for this coverage and cannot enroll. Further, the Covered Dependent child will also lose
his or her eligibility for this coverage.
Adopted Newborn Child - To enroll an adopted newborn child, the Covered Employee/Retiree must submit an
Enrollment Form through the Monroe County Group Health Plan Administrator (Benefits Office) during the 30-
day period immediately following the date of birth. The Effective Date of coverage for an adopted newborn child,
eligible for coverage, will be the moment of birth, provided that a written agreement to adopt such child has been
entered into by the Covered Employee/Retiree prior to the birth of such child, whether or not such an agreement is
enforceable. The Covered Employee/Retiree may be required to provide any information and/or documents that
are deemed necessary in order to administer this provision.
If timely notice is given, no additional contribution will be charged for coverage of the adopted newborn child for
not less than 30 days after the birth of the child. If timely notice is not received, the applicable contribution will be
charged from the date of birth. The applicable contribution for the child will be charged after the initial 30-day
period in either case. Coverage will not be denied for an adopted newborn child if the Covered Employee/Retiree
provides notice to the Monroe County Group Health Plan Administrator (Benefits Office) and an Enrollment
Form is received within the 60-day period following the birth of the adopted newborn child and any applicable
contribution is paid back to the date of birth,
If the adopted newborn child is not enrolled within sixty days of the date of birth, the adopted newborn child will
not be covered, and may only be enrolled under the Monroe County Group Health Plan Document during an
Annual Open Enrollment Period, or in the case of a Special Enrollment event, during the Special Enrollment
Period,
Enrollment and Effective Date of Coverage
10-4
If the adopted newborn child is not ultimately placed in the residence of the Covered Employee/Retiree, there shall
be no coverage for the adopted newborn child. It is the responsibility of the Covered Employee/Retiree to notify
the Monroe County Group Health Plan Administrator within ten calendar days of the date that placement was to
occur if the adopted newborn child is not placed in the residence.
Adopted/Foster Children - To enroll an adopted or Foster Child, other than a newborn child, the Covered
Employee/Retiree must submit an Enrollment Form during the 30-day period immediately following the date of
placement. The Effective Date for an adopted or Foster child (other than an adopted newborn child) will be the
date such adopted or Foster child is placed in the residence of the Covered Employee/Retiree in compliance with
applicable law. Any Pre-existing Condition exclusionary period will not apply to an adopted child but will apply to a
Foster child, The Covered Employee/Retiree may be required to provide any information and/ or documents
deemed necessary in order to properly administer this section.
In the event the Monroe County Group Health Plan Administrator is not notified within 30 days of the date of
placement, the child will be added as of the date of placement so long as the Covered Employee/Retiree provides
notice to the Monroe County Group Health Plan Administrator, and the Benefits Office receives the Enrollment
Form within 60 days of the placement. If the adopted or Foster Child is not enrolled within sixty days of the date
of placement, the adopted or Foster child will not be covered, and may only be enrolled under the Monroe County
Group Health Plan Document during an Annual Open Enrollment Period, or in the case of a Special Enrollment
event, during the Special Enrollment Period. For all children covered as adopted children, if the final decree of
adoption is not issued, coverage shall not be continued for the proposed adopted Child. Proof of final adoption
must be submitted to the Monroe County Group Health Plan Administrator (Benefits Office). It is the
responsibility of the Covered Employee/Retiree to notify the Monroe County Group Health Plan Administrator if
the adoption does not take place. Upon receipt of this notification, coverage for the child will be terminated as of
the Effective Date of the adopted child upon receipt of the written notice.
If the Covered Employee/Retiree's status as a foster parent is terminated, coverage will end for any Foster Child. It
is the responsibility of the Covered Employee/Retiree to notify the Monroe County Group Health Plan
Administrator that the Foster Child is no longer in the Covered Employee/Retiree's care. Upon receipt of this
notification, coverage for the child will be terminated on the date of the Covered Employee/Retiree's status as a
foster parent terminated.
Marital Status - The Covered Employee/Retiree may apply for the coverage of an Eligible Dependent due to a
legally valid marriage or Registered Domestic Partner. To apply for coverage, the Covered Employee/Retiree must
complete the Enrollment Form through Monroe County Group Health Plan Administrator (Benefits Office), The
Covered Employee/Retiree must make application for enrollment within 30 days of the marriage or the registration
of the Domestic Partnership. The Effective Date of coverage for an Eligible Dependent who is enrolled as a result
of marriage is the date of the marriage; if enrolled as a result of a Registered Domestic Partnership is the date of the
registration.
Qualified Medical Child Support Orders - The Plan will provide benefits as required by any Qualified Medical
Child Support Order (MCSO). A MCSO can be either: 1) A Qualified Medical Child Support Order (MCSO) that
satisfies the requirements of Section 609(a) of ERISA; or 2) A National Medical Support Notice (NMSN) that
satisfies the requirements of Section 1908 of the Social Security Act. Upon receipt of a MCSO or NMSN by a
Covered Employee/Retiree notification must be given to the Monroe County Group Health Plan Administrator
(Benefits Office) within 31 days of receipt. The Covered Employee/Retiree will need to provide any reasonable
information or assistance to the Monroe County Group Health Plan Administrator (Benefits Office) in connection
with the MCSO.
Enrollment and Effective Date of Coverage
10 - 5
Upon receipt of a MCSO or NMSN the Monroe County Group Health Plan Administrator (Benefits Office) will:
1, Notify the Covered Employee/Retiree and each Alternate Recipient, in writing, of the Plan's procedure
for determining if the order or notice is a QMCSO;
2, Make a determination of the qualified status of the order or notice within a reasonable time;
3, Notify the Covered Employee/Retiree and each Alternate Recipient, in writing, of the Plan's
determination; and
4, If the notice is a NMSN, notify the applicable government agency of its determination within a reasonable
period of time not (not to exceed 40 business days),
If the notice is an NMSN, the Monroe County Group Health Plan Administrator (Benefits Office) will also notify
the government agency that issued the notice:
1. Whether or not coverage is available to the Alternate Recipient;
2. Whether or not the Alternate Recipient is enrolled;
3. What coverage options are available to the Alternate Recipient;
4. The effective date of coverage; and
5. What steps the custodial parent (or agency) must take to obtain coverage,
Once the Monroe County Group Health Plan Administrator (Benefits Office) determines that the order or notice is
a QMCSO, the Monroe County Group Health Plan Administrator (Benefits Office) will determine the effective
date of coverage and enroll each Alternate Recipient as required by the order and make any necessary payroll
deductions from the Covered Employee, Covered Retirees would make monthly premium payments.
Other Provisions Regarding Enrollment and Effective Date of Coverage
Individuals who are rehired as employees of Monroe County Board of County Commissioners; Clerk of the Circuit
Court; Land Authority; Property Appraiser; Sheriff's Department; Supervisor of Elections and Tax Collector are
considered newly hired employees for purposes of this section. The provisions of the Monroe County Group
Health Plan Document which are applicable to newly hired employees and their Eligible Dependents (e,g"
enrollment, Effective Dates of coverage, Pre-existing Condition exclusionary period, and Waiting Period are
applicable to rehired employees and their Eligible Dependents,
Enrollment and Effective Date of Coverage
10 - 6
SECTION 11 .. TERMINATION OF COVERAGE
Termination of a Covered Employee's/Retiree's Coverage
A Covered Plan Participant's coverage under the Monroe County Group Health Plan Document will automatically
terminate at 11 :59:59 p.m,:
1, on the date the Monroe County Group Health Plan terminates;
2. on the day the Covered Employee terminates employment;
3, on the date the Covered Employee's coverage is terminated for cause (see the Termination of an Individual
Coverage for Cause subsection); or
4. The date ending the period for which contributions (if required) have been paid,
Termination of a Covered Dependent's Coverage
A Covered Dependent's coverage under the Monroe County Group Health Plan Document will automatically
terminate at 11 :59:59 p.m,:
1, on the date the Monroe County Group Health Plan terminates:
2. on the date the Covered Dependent's coverage terminates for any reason;
a. as further clarification for purposes of this subsection, a Covered Dependent child who has reached
the end of the Calendar Year in which he or she becomes 25, but who has not reached the end of
the Calendar Year in which the Covered Dependent child becomes 30 will lose coverage if the
Covered Dependent child incurs any of the following:
1. marnage;
11, no longer resides in Florida or is no longer a full-time or part-time student;
111. obtains a dependent (e,g., through birth or adoption);
lV. obtains other coverage; or
v. on the date of termination of the Covered Employee's coverage,
3. on the last day of the first month that the Covered Dependent fails to continue to meet any of the
applicable eligibility requirements (e,g., a child reaches the limiting age, or a spouse is divorced from the
Covered Employee/Retiree);
4. on the date specified by the Monroe County Group Health Plan Administrator that the Covered
Dependent's coverage terminates; or
5, on the date the Monroe County Group Health Plan Administrator specifies that the Covered Dependent's
coverage is terminated for cause.
6, Pursuant to the provisions of H.R. 2851 ("Michelle's Law"), an Eligible Dependent Child's non-attendance
at a secondary school, college or university due to a Medically Necessary leave of absence will not cause
termination of participation in the Plan until the date that is the earlier of:
Termination of Coverage
11-1
a. One (1) year after the first day of commencement of the leave of absence, provided:
(1) The Eligible Dependent Child was enrolled in the Plan on the basis of being a Full Time
Student immediately before the first day of the leave of absence and:
(2) The Monroe County Group Health Plan Administrator has received written certification by
an attending Physician which states the Eligible Dependent Child is suffering from a
serious illness or injury and the leave of absence is Medically Necessary; or
b. The date on which participation would otherwise terminate under the terms of the Monroe County
Group Health Plan Document.
Note: An Eligible Dependent Child whose participation under the Plan is continued under this section will be
entitled to the same benefits to which the Eligible Dependent Child was entitled prior to the Medically Necessary
leave of absence. If Monroe County Group Health Plan Document changes occur during the Eligible Dependent
Child's Medically Necessary leave of absence, the provisions of this section will apply to the changed coverage as if
it were the previous coverage.
In the event a Covered Employee wishes to delete a Covered Dependent from coverage, an Enrollment Form must
be forwarded to the Monroe County Group Health Plan Administrator (Benefits Office).
In the event a Covered Employee wishes to terminate a spouse's coverage, (e.g., in the case of divorce), or a
Registered Domestic Partner (e,g" dissolution of partnership), the Covered Employee must submit an Enrollment
Form to the Monroe County Group Health Plan Administrator (Benefits Office), prior to the requested termination
date or within 1 0 days of the date the divorce is final or 30 days after the dissolution of domestic partnership,
whichever is applicable.
Termination of a Covered Plan Participant's Coverage for Cause
In the event any of the following occurs, Monroe County Group Health Plan Administrator may terminate a
Covered Plan Participant's coverage for cause:
1. fraud, material misrepresentation or omission in applying for coverage or benefits; or
2. the knowing misrepresentation, omission or the giving of false information on Enrollment Forms or other
forms completed, by a Covered Plan Participant or on their behalf.
Cessation of Active Work
Approved Medical Leave - If an Eligible Employee ceases Active Work due to illness, injury or pregnancy their
Employer in its sole discretion may approve a medical leave of absence. Coverage for the Eligible Employee will
continue under the Plan, but for no longer than 6 (six) months from the date the approved medical leave begins.
Coverage of Eligible Dependents will continue during this time provided required premiums are continued to be
paid. Notification of all approved medical leave must be provided to the Monroe County Group I.Jealth
Administrator (Benefits Office) by the Employer. The notification should contain the date of when the leave began
and when it will end. An Eligible Employee who has been on an approved medical leave must return to active
work for a minimum of 30 days after the approved medical leave ends. In the event an Eligible Employee on an
approved medical leave does not return to active work at the end of the leave. the Eligible Employee will be
required to reimburse the Plan for the health benefit premiums paid during the leave to continue coverage.
Termination of Coverage
11- 2
*Note: When an Eligible Employee fails to return to active work because of the continuation, recurrence, or onset
of either a serious health condition of the Eligible Employee or an Eligible Employee's family member the Plan will
not recover the health benefit premium payments made on the Eligible Employee's behalf during the approved
medical leave. The Monroe County Group Health Plan Administrator (Benefits Office) may require medical
certification of the Eligible Employee's or the Eligible Employees family member's serious health condition.
Rehire/Reinstatement - If subsequent to termination of coverage an Eligible Employee is rehired or reinstated as
an Eligible Employee the Eligible Employee must meet the eligibility requirements in the Eligibility for Coverage
section. However, the Plan allows a grace period of 2 days following the date of termination of coverage during
which an Eligible Employee may be rehired or reinstated without penalty.
Active Military Duty - Return from active military duty by a former Eligible Employee of two weeks or longer
who is rehired or reinstated will be treated as if the Eligible Employee were on an approved leave of absence for
purposes of eligibility under the Plan. The Plan's waiting period or preexisting condition exclusion period will not
be applicable.
Notice of Termination
It is the Monroe County Group Health Plan Administrator's responsibility to immediately notify a Covered Plan
Participant in the event his or her coverage is terminated for any reason.
Certification of Creditable Coverage
In the event coverage terminates for any reason, a written certification of Creditable Coverage will be issued to the
individual losing coverage.
The certification of Creditable Coverage will indicate the period of time the individual was enrolled under the Plan.
Creditable Coverage may reduce the length of any Pre-existing Condition exclusionary period by the length of time
the individual had prior Creditable Coverage.
Upon request, another certification of Creditable Coverage will be sent to the individual within a 24- month period
after termination of coverage.
The succeeding carrier will be responsible for determining if coverage meets the qualifying Creditable Coverage
guidelines (e.g., no more than a 63-day break in coverage).
Termination of Coverage
11- 3
SECTION 1 2.. CONTINUING COVERAGE UNDER COBRA
Federal continuation of coverage law is known as the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA). Under COBRA Covered Plan Participants may be entitled to continue coverage for a limited period of
time, if they meet the applicable requirements, make a timely election, and pay the proper amount required to
maintain coverage.
A Covered Plan Participant must contact the Monroe County Group Health Plan Administrator (Benefits Office) to
determine their entitlement to COBRA continuation coverage. The Monroe County Group Health Plan
Administrator is solely responsible for meeting all of the employer's obligations under COBRA, including the
obligation to notify all Covered Plan Participants of their rights under COBRA. If a Covered Plan Participant fails
to meet the obligations under COBRA, the Monroe County Group Health Plan will not be liable for any claims
incurred by a Covered Plan Participant after termination of coverage,
A summary of COBRA rights and the general conditions for qualification for COBRA continuation coverage is
provided below.
Under COBRA:
1. A Covered Plan Participant may elect to continue coverage for a period not to exceed 18 months* in the
case of:
a)
b)
termination of employment of the Covered Employee other than for gross misconduct; or
reduced hours of employment of the Covered Employee.
*Note: A Covered Plan Participant is eligible for an 11 month extension of the 18 month COBRA
continuation coverage option above (to a total of 29 months) if the Covered Plan Participant is totally disabled as
defined by the Social Security Administration (SSA) at the time of termination, reduction in hours or within the first
60 days of COBRA continuation coverage. The Covered Plan Participant must supply notice of the disability
determination to the Monroe County Group Health Plan Administrator (Benefits Office) within 18 months of
becoming eligible for continuation coverage and no later than 60 days after the SSA's determination date.
2. A Covered Eligible Dependent(s) may elect to continue their coverage for a period not to exceed 36 months
in the case of:
a) the Covered Employee's entitlement to Medicare;
b) divorce of the Covered Employee;
c) dissolution of Domestic Partnership of the Covered Employee/Retiree;
c) death of a Covered Employee or Covered Retiree*
d) the employer filed bankruptcy (subject to bankruptcy court approval); or
e) a dependent child may elect the 36 month extension if the dependent child ceases to be an
Eligible Dependent under the terms of the Monroe County Group Health Plan coverage.
*Note: Upon the death of a Covered Retiree the Surviving Spouse may continue coverage under the Monroe
County Group Health Plan provided: 1) they do not remarry; and 2) they make timely payment of any required
contribution. It is the sole responsibility of the Surviving Spouse to notify the Monroe County Group Health Plan
Administrator (Benefits Office) of a change in their marital status,
Children born to or placed for adoption with the Covered Employee during the continuation coverage periods
noted above are also eligible for the remainder of the continuation period.
Continuing Coverage Under COBRA
12.1
Additional requirements applicable to continuation of coverage under COBRA are set forth below:
1. Monroe County Group Health Plan Administrator (Benefits Office) must notify all Covered Plan
Participants of the continuation of coverage rights under COBRA within 14 days of the event which creates
the continuation option. If coverage would be lost due to Medicare entitlement, divorce, or the failure of a
Covered Dependent child to meet eligibility requirements, the Covered Plan Participant must notify the
Monroe County Group Health Administrator (Benefits Office), in writing, within 60 days of any of these
events. Monroe County Group Health Plan Administrator's 14-day notice requirements runs from the date
of the receipt of such notice.
2. A Covered Plan Participant must elect to continue the coverage within 60 days of the later of;
a) the date that the coverage terminates: or
b) the date the notification of continuation of coverage rights is sent by the Monroe County Group
Health Plan Administrator.
3, COBRA coverage will terminate if the Covered Plan Participant becomes covered under any other group
health insurance plan. However, COBRA coverage may continue if the new group health insurance plan
contains exclusions or limitations due to a Pre-Existing Condition that would affect the Covered Plan
Participant's coverage.
4. COBRA coverage will terminate if the Covered Plan Participant becomes entitled to Medicare.
5. If a Covered Plan Participant is totally disabled and elects to extend the continuation of coverage, such
extension of coverage may not continue for more than 30 days after determination by the Social Security
Administration that the Covered Plan Participant is no longer disabled. The Covered Plan Participant must
inform Monroe County Group Health Plan Administrator (Benefits Office) of the Social Security
Administration's determination within 30 days of such determination.
6. A Covered Plan Participant must meet all contribution requirements, and all other eligibility requirements
described in COBRA, and to the extent not inconsistent with COBRA, in the Monroe County Group
Health Plan Document.
7. COBRA coverage will terminate on the date the Monroe County Group Health Plan ceases to provide
group health coverage to its employees.
An election by a Covered Employee or Covered Dependent spouse shall be deemed to be an election for any other
qualified beneficiary related to that Covered Employee or Covered Dependent spouse, unless otherwise specified in
the election form.
Note: This section shall not be interpreted to grant any continuation rights in excess of those required by
COBRA and/ or Section 4980B of the Internal Revenue Code. Additionally, the Monroe County Group
Health Plan Document shall be deemed to have been modified, and shall be interpreted, so as to comply
with COBRA and changes to COBRA that are mandatory with respect to the Monroe County Group
Health Plan Document.
Continuing Coverage Under COBRA
12 - 2
SECTION 13.. CONVERSION PRIVILEGE
Eligibility Criteria for Conversion
Covered Plan Participants are entitled to apply for an individual insurance conversion policy (hereinafter referred to
as a "converted policy" or "conversion policy") if:
1, they were continuously covered for at least three months under the Monroe County Group Health Plan D,
and/ or under another group policy that provided similar benefits immediately prior to the Monroe County
Group Health Plan; and
2. their coverage was terminated for any reason, including discontinuance of the Plan in its entirety and
termination of continued coverage under COBRA.
The Covered Plan Participant must notify the Plan Administrator (Benefits Office) in writing or by telephone if he
or she is interested in a conversion policy. Within 14 days of such notice, a conversion policy brochure and outline
of coverage will be mailed to the Covered Plan Participant. The brochure contains easy steps to follow to obtain a
Conversion Application.
Note: The conversion policy must be applied within 31 days after the date health coverage ends, In the event an
application is not received within 31 days, the converted policy application will be denied and the individual will not
be entitled to a converted policy.
Additionally, a Covered Plan Participant who loses coverage is not entitled to a converted policy if:
1. he or she is eligible for or covered under the Medicare program;
2. he or she failed to pay, on a timely basis, the contribution required for coverage under the Plan;
3. The Plan was replaced within 31 days after termination by any group policy, contract, plan, or program,
including a self-insured plan or program, which provides benefits similar to the benefits provided under the
Monroe County Group Health Plan Document.
Neither the Plan nor Wells Fargo TPA has any obligation to notify individuals losing coverage of this
conversion privilege when coverage terminates nor at any other time. It is each Covered Plan Participant's
sole responsibility to exercise this conversion privilege by notifying the Plan Administrator (Benefits
Office) in writing or by telephone ifhe or she is interested in a conversion policy within 31 days of the
termination of their coverage under the Monroe County Group Health Plan Document. The converted
policy may be issued without evidence of insurability and shall be effective the day following the day
coverage under the Monroe County Group Health Plan terminated.
Note: The conversion policies are not a continuation of coverage under COBRA or any other states' similar laws.
Conversion Privilege
13 -1
SECTION 14.. EXTENSION OF BENEFITS
Extension of Benefits
In the event the Plan is terminated, coverage will not be provided under the Monroe County Group llealth Plan
Document for any Service rendered on or after the termination date. The extension of benefits provisions
described below only apply when the entire Group Health Plan is terminated. The extension of benefits described
in this section does not apply when an individual's coverage terminates if the Plan remains in effect. The extension
of benefits provisions are subject to all of the other provisions, including the limitations and exclusions.
Note: It is each individual's sole responsibility to provide acceptable documentation showing that he or she is
entitled to an extension of benefits.
1. In the event an individual is totally disabled on the termination date of the Plan as a result of a specific
Accident or illness incurred while the Covered Plan Participant was covered under the Plan, as determined
by the Plan Administrator, a limited extension of benefits will be provided under the Plan for the disabled
individual only. This extension of benefits is for Covered Services necessary to treat the disabling Condition
only. This extension of benefits will only continue as long as the disability is continuous and uninterrupted.
In any event, this extension of benefits will automatically terminate at the end of the 12-month period
beginning on the termination date of the Plan.
For purposes of this section, an individual will be considered "totally disabled" only if, in Wells Fargo TP A or
Monroe County Group Health Plan Administrator's opinion, he or she is unable to work at any gainful job for
which he or she is suited by education, training, or experience, and he or she requires regular care and attendance by
a Physician. A Covered Plan Participant is considered totally disabled only if, in Wells Fargo TPA or Monroe
County Group Health Plan Administrator's opinion, he or she is unable to perform those normal day-to-day
activities which he or she would otherwise perform and he or she requires regular care and attendance by a
Physician.
2. In the event an individual is receiving covered dental treatment as of the termination date of the Plan a
limited extension of such covered dental treatment will be provided under the Monroe County Group
Health Plan Document if:
a) a course of dental treatment or dental procedures were recommended in writing and commenced in
accordance with the terms specified herein while the individual was covered under the Plan;
b) dental procedures other than routine examinations, prophylaxis, x-rays, sealants, or orthodontic
services; and
c) the dental procedures were performed within 90 days after the Plan terminated.
This extension of benefits is for Covered Services necessary to complete the dental treatment only. This extension
of benefits will automatically terminate at the end of the 90-day period beginning on the termination date of the
Monroe County Group Health Plan or on the date the individual become covered under a succeeding insurance,
health maintenance organization or self-insured plan providing coverage or Services for similar dental procedures.
The individual is not required to be totally disabled in order to be eligible for this extension of benefits,
Please refer to the Dental Care subsection of the "Covered Services" section for a description of the dental care
Services covered under the Monroe County Group Health Plan Document.
Extension of Benefits
14 - 1
3. In the event an individual is pregnant as of the termination date of the Plan, a limited extension of the
maternity expense benefits included in the Monroe County Group Health Plan Document will be available,
provided the pregnancy commenced while the pregnant individual was covered under the Plan as
determined by Wells Fargo TPA or the Monroe County Group Health Plan Administrator. This extension
of benefits is for Covered Services necessary to treat the pregnancy only. This extension of benefits will
automatically terminate on the date of the birth of the child. The individual is not required to be totally
disabled in order to be eligible for this extension of benefits,
Extension of Benefits
14 - 2
SECTION 15.. MEDICARE COVERAGE/MEDICARE SECONDARY
PAYER PROVISIONS
Active Employees
When an active Covered Plan Participant becomes covered under Medicare and continues to be eligible and
covered under the Monroe County Group Health Plan Document, coverage under the Monroe County Group
Health Plan Document will be primary and the Medicare benefits will be secondary, but only to the extent required
by law. In all other instances, coverage under the Monroe County Group liealth Plan Document will be secondary
to any Medicare benefits. To the extent the benefits under the Monroe County Group Health Plan Document are
primary, claims for Covered Services should be filed with Wells Fargo TP A first. If an Eligible Employee or any of
their eligible dependents who are covered under the Plan and Medicare, benefits from the Plan will coordinate with
any other benefits received and total benefits payable will not exceed 100% of the Allowed Amount.
It is important for the Covered Plan Participant to enroll in Medicare as soon as the Covered Plan Participant
becomes eligible.
Retired Employees
Retirees, their eligible spouses, or a surviving spouse enrolled in Medicare, Medicare will be pay benefits for the
covered individual first and the Plan will pay benefits second, The total benefits paid will never be more than 100%
of the Allowed Amount, Once eligible, retirees and their spouses should enroll in Medicare Parts A and B.
The Plan will pay as the secondary on all claims received from Medicare eligible Covered Plan
Participants who are retired.
Covered Plan Participants covered under COBRA who become eligible for Medicare will no longer be eligible to
continue coverage.
Individuals With End Stage Renal Disease
If a Covered Plan Participant turns 65 or becomes eligible for Medicare due to End Stage Renal Disease ("ESRD"),
the Covered Plan Participant must immediately notifY the Monroe County Group Health Plan Administrator
(Benefits Office).
If a Covered Plan Participant becomes entitled to Medicare coverage because of ESRD, coverage under the Monroe
County Group tlealth Plan Document will be provided on a primary basis for 30 months beginning with the earlier
of:
1. the month in which the Covered Plan Participant became entitled to Medicare Part "A" ESRD benefits; or
2. the first month in which the Covered Plan Participant would have been entitled to Medicare Part "A"
ESRD benefits if a timely application has been made,
If Medicare was primary prior to the time a Covered Plan Participant became eligible due to ESRD, then Medicare
will remain primary (i.e., retirees and/ or their spouses or registered domestic partners over the age of 65). Also, if
coverage under the Monroe County Group Health Plan Document was primary prior to ESRD entitlement, then
coverage hereunder will remain primary for the ESRD coordination period. If a Covered Plan Participant becomes
eligible for Medicare due to ESRD, coverage will be provided, as described in this section, on a primary basis for 30
months.
Medicare Coverage/Medicare Secondary Payer Provisions
15 - 1
Disabled Active Individuals
If an active Covered Plan Participant is entitled to Medicare coverage because of a disability other than ESRD,
Medicare benefits will be secondary to the benefits provided under the Monroe County Group Health Plan
Document provided that Monroe County Board of County Commissioners employed at least 100 or more full-time
or part-time employees.
Miscellaneous
1, This section shall be subject to, modified (if necessary) to conform to or comply with, and interpreted with
reference to the requirements of federal statutory and regulatory Medicare Secondary Payer provisions as
those provisions related to Medicare beneficiaries who are covered under the Monroe County Group Health
Plan Document.
2. Wells Fargo TPA will not be liable to the Plan or to any individual covered under the Monroe County
Group Health Plan Document on account of any nonpayment of primary benefits resulting from any failure
of performance on Monroe County Group Health Plan Administrator's obligations as described in this
section.
Medicare Coverage/Medicare Secondary Payer Provisions
15 - 2
SECTION 16.. COORDINATION OF BENEFITS
Coordination of Benefits ("COB") is a limitation of coverage and/or benefits to be provided under the Monroe
County Group Health Plan Document,
COB determines the manner in which expenses will be paid when a Covered Plan Participant is covered under
more than one health plan, program, or policy providing benefits for Health Care Services. COB is designed to
avoid the costly duplication of payment for Covered Services. It is the Covered Plan Participants responsibility to
provide to Wells Fargo TPA and the Monroe County Group Health Plan Administrator information concerning
any duplication of coverage under any other health plan, program, or a Covered Plan Participant may have, This
means the Covered Plan Participant must notify Wells Fargo TPA and the Monroe County Group Health Plan
Administrator (Benefits Office) in writing if there is other applicable coverage or if there is not, Covered Plan
Participants may be requested to provide this information at initial enrollment, by written correspondence annually
thereafter, or in connection with a specific Health Care Services received, If the information is not received, claims
may be denied and the Covered Plan Participant will be responsible for payment of any expenses related to denied
claims,
Health plans, programs or policies which may be subject to COB include, but are not limited to, the following
which will be referred to as "plan(s)" for purposes of this section:
1, any group or non-group health insurance, group-type self-insurance, or HMO plan;
2, any other plan, program or insurance policy, including an automobile PIP insurance policy and/or medical
payment coverage with which the law permits coordination of benefits;
3. Medicare, as described in "Medicare Coverage/Medicare Secondary Payer Provisions" section; and
4, to the extent permitted by law, any other government sponsored health insurance program.
The amount of payment, if any, when benefits are coordinated under this section, is based on whether or not the
benefits under the Monroe County Group Health Plan Document are primary. When primary, payment will be
made for Covered Services without regard to coverage under other plans, When the benefits under the Monroe
County Group Health Plan Document are not primary, payment for Covered Services may be reduced so that total
benefits under all plans will not exceed 100 percent of the total reasonable expenses actually incurred for Covered
Services, In the event that the primary payer's payment exceeds the Allowed Amount, no payment will be
made for such Services under the Monroe County Group Health Plan Document.
The following rules shall be used to establish the order in which benefits under the respective plans will be
determined:
1, When an individual is covered as a Covered Dependent and the other plan covers the individual as other
than a dependent, the Plan will be secondary.
2. When the Plan covers a dependent child whose parents are not divorced:
a) the plan of the parent whose birthday, excluding year of birth, falls earlier in the year will be primary;
or
b) if both parents have the same birthday, excluding year of birth, and the other plan has covered one of
the parents longer than the Plan, the Plan will be secondary.
3, When the Plan covers a dependent who parents are divorced:
Coordi nation of Benefits
16 - 1
a) if the parent with custody is not remarried, the plan of the parent with custody is primary;
b) if the parent with custody has remarried, the plan of the parent with custody is primary; the
stepparent's plan is secondary; and the plan of the parent without custody pays last;
c) regardless of which parent has custody, whenever a court decree specifies the parent who is
financially responsible for the child's health care expenses, the plan of that parent is primary,
4. When the Plan covers a dependent child and the dependent child is also covered under another plan:
a) the plan of the parent who is neither laid off nor retired will be primary; or
b) if the other plan is not subject to this rule, and if, as a result, such plan does not agree on the order
of benefits, this paragraph shall not apply
5. When rules 1, 2, 3, and 4 above do not establish an order of benefits, the plan which has covered the
Covered Plan Participant the longest shall be primary.
6, If the Covered Plan Participant is covered under a COBRA continuation plan as a result of the purchase of
coverage as provided under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, and
also under another group plan, the following order of benefits applies:
a) first, the plan covering the person as an employee, or as the employee's Dependent; and
b) second, the coverage purchased under the plan covering the person as a former employee, or as the
fonner employee's Dependent provided according to the provisions of COBRA.
7. If the other plan does not have rules that establish the same order of benefits as under the Monroe County
Group Health Plan Document, the benefits under the other plan will be determined primary to the benefits
under the Monroe County Group Health Plan Document.
Coordination of benefits shall not be permitted against an indemnity-type policy, an excess insurance policy as
defined in Florida Statutes Section 627,635, a policy with coverage limited to specified illnesses or accidents, or a
Medicare supplement policy.
Coordination of Benefits Exclusion
Prescription Drug Program Copayments, Coinsurance and Deductible, or any part thereof, the Covered Plan
Participant's are obligated to pay under any plan or policy.
Non-Duplication of Government Programs and Workers' Compensation
The benefits under the Monroe County Group Health Plan Document shall not duplicate any benefits Covered
Plan Participant are entitled to or eligible for under government programs (e,g., Medicare, Medicaid, Veterans
Administration) or Workers' Compensation to the extent allowed by law, or under any extension of benefits of
coverage under a prior plan or program which may be provided or required by law.
Coordination of Benefits
16 - 2
SECTION 17.. SUBROGATION, RIGHT OF REIMBURSEMENT AND
EQUITABLE LIEN
Subrogation
The Plan Administrator has rights of subrogation, which helps the Plan Administrator to continue providing cost-
effective healthcare benetits.
In the event payment is made under the Monroe County Group Health Plan Document to or on behalf of a
Covered Plan Participant for any claim in connection with or arising from a Condition resulting, directly or
indirectly, from an intentional act or from the negligence or fault of any third person or entity, the Plan
Administrator to the extent of any such payment, shall be subrogated, i.e., shall succeed, to all causes of action and
all rights of recovery that the Covered Plan Participant may have against any person or entity, Such subrogation
rights shall extend and apply to any settlement of a claim, regardless of whether litigation has been initiated. Wells
Fargo TP A may recover, on behalf of the Plan Administrator, the amount of any payments made on behalf of a
Covered Plan Participant minus a pro rata share for any costs and attorney fees incurred by a Covered Plan
Participant in pursuing and recovering damages. Wells Fargo TPA may subrogate, on behalf of the Plan
Administrator, against all money recovered regardless of the source of the money including, but not limited to,
uninsured motorists coverage. Although the Plan Administrator may, but is not required, to take into consideration
any special factors relating to the Covered Plan Participant's specific case in resolving the subrogation claim, the
Plan Administrator will have the first right of recovery out of any recovery or settlement the Covered Plan
Participant is able to obtain even if the Covered Plan Participant or Covered Plan Participant's or their attorney
believes that the Covered Plan Participant has not been made whole for his/her losses or damages by the amount of
the recovery or settlement.
The Covered Plan Participant is required to:
. Provide information pertaining to litigation and settlement, including settlement negotiations;
. Provide any assistance necessary to allow the Plan Administrator and/ or Wells Fargo TP A to enforce its
right to subrogation or reimbursement;
. Notify the Plan Administrator and/or Wells Fargo TPA before entering into any settlement negotiations
with any third party and prior to executing any settlement agreement with the third party; and
. Obtain the consent of Wells Fargo TPA prior to entering into any settlement agreement with the third
party.
No settlement agreement, waiver, or release of liability that you execute without notice to Wells Fargo TP A will be
valid or binding on Wells Fargo TPA or the Plan Administrator.
Right of Reimbursement
If any payment under the Monroe County Group Health Plan Document is made to or on behalf of a Covered Plan
Participant with respect to an injury or illness resulting from the intentional act, negligence, or fault of a third
person or entity, BOCC and/or the Plan will have a right to be reimbursed by the Covered Plan Participant (out of
any settlement or judgment proceeds recovered by the Covered Plan Participant) one dollar ($1.00) for each dollar
paid under the terms of the Monroe County Group Health Plan Document minus a pro rata share of any costs and
attorney fees incurred in pursuing and recovering such proceeds.
The BOCC and/or the Plan's right of reimbursement will be in addition to any subrogation right or claim available
to the BOCC, and the Covered Plan Participant must execute and deliver such instruments or papers pertaining to
Subrogation, Right of Reimbursement and Equitable Lien
17 - 1
any settlement or claim, settlement negotiations, or litigation as may be requested by Wells Fargo TP A on behalf of
the BOCC and/ or the Plan, to exercise the BOCC and/or the Plan's right of reimbursement hereunder. Covered
Plan Participant's or their lawyer must notify Wells Fargo TP A, by certified or registered mail, if a Covered Plan
Participant intends to claim damages from someone for injuries or illness. A Covered Plan Participant must do
nothing to prejudice the BOCC and/ or the Plan's right of reimbursement hereunder and no waiver, release of
liability, or other documents executed by the Covered Plan Participant, without notice to and consent of Wells
Fargo TP A acting on behalf of the BOCC, will be binding upon the BOCC.
Equitable Lien
The Plan shall have an equitable lien against any rights the Covered Plan Participant may have to recover any
payments made by the Plan from any other party, including an insurer or another group health plan, Recovery shall
be limited to the amount of reimbursable payments made by the Plan, The equitable lien also attaches to any right
to payment for workers' compensation, whether by judgment or settlement, where the Plan has paid expenses
otherwise eligible as Covered Medical Services prior to a determination that the Covered Medical Services arose out
of and in the course of employment. Payment by workers compensation insurers or the employer will be deemed
to mean that such a determination has been made,
This equitable lien shall also attach to the first right of recovery to any money or property that is obtained by
anybody (including, but not limited to, the Covered Plan Participant, the Covered Plan Participant's attorney,
and/ or trust) as a result of an exercise of the Covered Plan Participant's right of recovery. The Plan shall also be
entitled to seek any other equitable remedy against any party possessing or controlling such monies or properties,
At the discretion of the Monroe County Group Health Plan Administrator, the Plan may reduce any future Covered
Medical Services otherwise available to the Covered Plan Participant under the Plan by an amount up to the total
amount of reimbursable payments made by the Plan that is subject to the equitable lien,
General Provisions - The following provisions shall apply to the Plan's right of subrogation, reimbursement and
creation of an equitable lien, The subrogation, reimbursement, and equitable lien rights apply to any benefits paid
by the Plan on behalf of the Covered Plan Participant as a result of the injuries sustained, including but not limited
to:
1. any no-fault insurance;
2. medical benefits coverage under any automobile liability plan. This includes the Covered Plan Participant's
plan or any third party's policy under which the Covered Plan Participant is entitled to benefits;
3, under-insured or uninsured motorist coverage;
4. any automobile Medical Payments and Personal Injury Protection benefits; and
5, any third party's liability insurance
In addition:
1, The Plan may make total payments that exceed the maximum amount to which the Covered Plan
Participant is entitled at any time under the Plan. In the event of such payments the Plan shall have the
right to recover the excess amount from any persons to, or for, or with respect to whom such excess
payments were made,
2. The Plan provides that recovery of excess amounts may include a reduction from future benefit payments
available to the Covered Plan Participant under the Plan of an amount up to the aggregate amount of
reimbursable payments that have not been reimbursed to the Plan,
Subrogation, Right of Reimbursement and Equitable Lien
17 - 2
3. The provisions of the Monroe County Group Health Plan Document concerning subrogation,
reimbursement, equitable liens and other equitable remedies are also intended to supersede the applicability
of the federal common law doctrines commonly referred to as the "make whole" rule and the "common
fund" rule.
4. The reimbursement required under this provision will not be reduced to reflect any costs or attorneys' fees
incurred in obtaining compensation unless separately agreed to, in writing, by the Monroe County Group
Health Plan Administrator in the exercise of its sole discretion.
5. The Covered Plan Participant agrees to sign any documents requested by the Plan including but not limited
to reimbursement and/ or subrogation agreements as the Monroe County Group Health Plan Administrator
or its agent(s) may request. Also, the Covered Plan Participant agrees to furnish any other information as
may be requested by the Monroe County Group Health Plan Administrator or its agent(s). Failure or
refusal to execute such agreements or furnish information does not preclude the Monroe County Group
Health Plan Administrator from exercising its right to subrogation or obtaining full reimbursement. Any
settlement or recovery received shall first be deemed for reimbursement of medical expenses paid by the
Monroe County Group Health Plan Document. Any excess after 100 percent reimbursement of the Plan
may be divided up between the Covered Plan Participants and their attorney if applicable. The Covered
Plan Participant agrees to take no action which in any way prejudices the right of the Monroe County
Health Plan Document.
6, The Monroe County Group Health Plan Administrator has sole discretion to interpret the terms of this
provision in its entirety and reserves the right to make changes as it deems necessary,
7. If the Covered Plan Participant takes no action to recover money from any source, then the Covered Plan
Participant agrees to allow the Plan to initiate its own direct action for reimbursement.
Subrogation, Right of Reimbursement and Equitable lien
17 - 3
SECTION 18.. CLAIMS PROCESSING
Introduction
This section is intended to:
· 11:elp the Covered Plan Participant understand what the Covered Plan Participant or the Covered Plan
Participant's treating Providers must do, under the terms of the Monroe County Group Health Plan
Document, in order to obtain payment for expenses for Covered Services they have rendered or will render
to the Covered Plan Participant; and
· Provide the Covered Plan Participant with a general description of the applicable procedures that will be
used for making Adverse Benefit Determinations, Concurrent Care Decisions and for notifying the Covered
Plan Participant when benefits are denied.
Under no circumstances will Wells Fargo TP A be held responsible for, nor will Wells Fargo TPA accept liability
relating to, the failure of the Monroe County Group Health Plan Administrator to: 1) comply with any applicable
disclosure requirements; 2) provide the Covered Plan Participant with a Monroe County Group Health Plan
Document; or 3) comply with any other legal requirements. The Covered Plan Participant should contact Wells
Fargo TP A or the Monroe County Group Health Plan Administrator (Benefits Office) with questions relating to the
Monroe County Group Health Plan Document. The Plan Administrator is the BOCC (Benefits Office).
Types of Claims
For purposes of the Monroe County Group Health Plan Document there are three types of claims: 1) Pre-Service
Claims; 2) Post-Service Claims; and 3) Claims Involving Urgent Care. It is important that the Covered Plan
Participant become familiar with the types of claims that can be submitted to Wells Fargo TP A and the time frames
and other requirements that apply, This section defines and describes the three types of claims that may be
submitted to Wells Fargo TPA.
Post-Service Claims
How to File a Post-Service Claim
Experience shows that the most common type of claim Wells Fargo TPA will receive from the Covered Plan
Participant or the Covered Plan Participant's treating Providers will likely be Post-Service Claims.
Most PPO Providers will file Post-Service Claims for services rendered to a Covered Plan Participant. In the event
a Provider who renders services to a Covered Plan Participant does not file a Post-Service Claim for such services, it
is the Covered Plan Participant's responsibility to file it with Wells Fargo TP A.
Wells Fargo TPA must receive a Post-Service Claim within 90 days of the date the Health Care Service was
rendered or, if it was not reasonably possible to file within such 90-day period, as soon as possible. In any event, no
Post-Service Claim will be considered for payment if Wells Fargo TPA does not receive it at the address indicated
on the Covered Plan Participant's ID Card within one year of the date the service was rendered unless the Covered
Plan Participant was legally incapacitated.
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For a Post-Service Claim, Wells Fargo TPA must receive an itemized statement from the health care Provider for
the service rendered along with a completed claim form, The itemized statement must contain the following
information:
1. the date the service was provided;
2. a description of the service including any applicable procedure code(s);
3, the amount actually charged by the Provider;
4, the diagnosis including any applicable diagnosis code(s);
5. the Provider's name and address;
6, the name of the individual who received the service; and
7. the Covered Employee's name and group number as they appear on the ID Card,
The itemized statement and claim for must be received by Wells Fargo TPA at the address indicated on the
Covered Plan Participant's ID Card.
Note: Please refer to the Prescription Drug Program under the Schedule of Benefits Section for information on
processing of prescription drug claims,
The Processing of Post-Service Claims
Wells Fargo TPA will use its best efforts to pay, contest, or deny all Post-Service Claims for which Wells Fargo TPA
has all of the necessary information, as determined by Wells Fargo TP A. Post-Service Claims will be paid,
contested, or denied within the timeframes described below,
. Payment for Post-Service Claims - When payment is due under the terms of the Monroe County Group
Health Plan Document, Wells Fargo TP A will use its best efforts to pay (in whole or in part) for
electronically submitted Post-Service Claims within 20 days of receipt. Likewise, Wells Fargo TP A will use
its best efforts to pay (in whole or in part) for paper Post-Service Claims within 30 days of receipt. If Wells
Fargo TP A is unable to determine whether the claim or a portion of the claim if payable because more or
additional information is needed, Wells Fargo TP A may contest the claim within the timeframes set forth
below.
. Contested Post-Service Claims - In the event Wells Fargo TP A contests an electronically submitted Post-
Service Claim, or a portion of such a claim, Wells Fargo TP A will use its best efforts to provide notice,
within 20 days of receipt, that the claim or a portion of the claim is contested, In the event Wells Fargo
TPA contests a Post-Service Claim submitted on a paper claim form, or a portion of such a claim, Wells
Fargo TP A will use its best efforts to provide notice, within 30 days of receipt, that the claim or a portion of
the claim is contested, The notice may identify: 1) the contested portion or portions of the claim; 2) the
reason(s) for contesting the claim or a portion of the claim; and 3) the date that Wells Fargo TP A reasonably
expects to notify the Covered Plan Participant of the decision, The notice may also indicate whether more
or additional information is needed in order to complete processing of the claim, If Wells Fargo TPA
requests additional information, Wells Fargo TP A must receive it within 45 days of the request for the
information, If Wells Fargo TPA does not receive the requested information, the claim or a portion
of the claim will be adjudicated based on the information in the possession of Wells Fargo TPA at
the time and may be denied. Upon receipt of the requested information, Wells Fargo TPA will use its
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best efforts to complete the processing of the Post-Service Claim within 15 days of receipt of the
information.
· Denial of Post-Service Claims - In the event Wells Fargo TPA denies a Post-Service Claim submitted
electronically, Wells Fargo TP A will use its best efforts to provide notice, within 20 days of receipt, that the
claim or a portion of the claim is denied. In the event Wells Fargo TP A denies a paper Post-Service Claim,
Wells Fargo TP A will use its best efforts to provide notice, within 30 days of receipt, that the claim or a
portion of the claim is denied, The notice may identify the denied portion(s) of the claim and the reason(s)
for denial. It is the Covered Plan Participant's responsibility to ensure that Wells Fargo Third Party
Administrator receives all information determined by Wells Fargo TP A as necessary to adjudicate a Post-
Service Claim. If Wells Fargo TPA does not receive the necessary information, the claim or a portion
of the claim may be denied.
A Post-Service Claim denial is an Adverse Benefit Determination and is subject to the Adverse Benefit
Determination standards and appeals procedures described in this section.
Additional Processing Information for Post-Service Claims
In any event, Wells Fargo TPA will use its best efforts to payor deny all: 1) electronic Post-Service Claims within
90 days of receipt of the completed claim; and 2) Post-Service paper claims within 120 days of receipt of the
completed claim. Claims processing shall be deemed to have been completed as of the date the notice of the claims
decision is deposited in the mail by Wells Fargo TP A or otherwise electronically transmitted. Any claims payment
relating to a Post-Service Claim that is not made by Wells Fargo TP A within the applicable time frame is subject to
the loss of negotiated provider discounts through the PPO Networks.
Wells Fargo TP A will investigate any allegation of improper billing by a Provider upon receipt of written
notification from the Covered Plan Participant. If Wells Fargo TPA determines that the Covered Plan Participant
was billed for a service that was not actually performed, any payment amount will be adjusted and, if applicable, a
refund will be requested.
Pre-Service Claims
How to File A Pre-Service Claim
The Monroe County Group Health Plan Document may condition coverage, benefits, or payment (in whole or in
part), for a specific Covered Service, on the receipt by Wells Fargo TP A of a Pre-Service Claim as that term is
defined herein. In order to determine whether Wells Fargo TP A must receive a Pre-Service Claim for a particular
Covered Service, please refer to the Covered Services section and other applicable sections of the Monroe County
Group Health Plan Document. The Covered Plan Participant may also call the Wells Fargo TP A customer service
number on the Covered Plan Participant's ID card for assistance.
Wells Fargo TP A is not required to render an opinion or make a coverage or benefit determination with respect to a
service that has not actually been provided to the Covered Plan Participant unless the terms of the Monroe County
Group Health Plan Document require (or condition payment upon) approval by Wells Fargo TP A for the service
before it is received,
Benefit Determinations on Pre-Service Claims Involving Urgent Care
For a Pre-Service Claim Involving Urgent Care, Wells Fargo TP A will provide notice of the determination (whether
adverse or not) as soon as possible, but not later than 72 hours after receipt of the Pre-Service Claim unless
additional information is required for a coverage decision. If additional information is necessary to make a
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determination, Wells Fargo TP A will provide notice within 24 hours of: 1) the need for additional information; 2)
the specific information that the Covered Plan Participant or the Covered Plan Participant's Provider may need to
provide; and 3) the date that Wells Fargo TP A reasonably expects to provide notice of the decision. If Wells Fargo
TP A requests additional information, Wells Fargo TP A must receive it within 48 hours of the request. Wells Fargo
TP A will provide notice of the decision on a Covered Plan Participant's Pre-Service Claim within 48 hours after the
earlier of: 1) receipt of the requested information; or 2) the end of the period that was afforded to provide the
specified additional information as described above.
Benefit Determinations on Pre-Service Claims That Do Not Involve Urgent Care
Wells Fargo TP A will provide notice of a decision on a Pre-Service Claim not involving urgent care within 15 days
of receipt provided additional information is not required for a coverage decision. Wells Fargo TP A may extend
this is-day determination period one time for up to an additional 15 days. If such an extension is necessary, Wells
Fargo TP A will provide notice of the extension and reasons for it. Wells Fargo TP A will use its best efforts to
provide notification of the decision on the Covered Plan Participant's Pre-Service claim within a total of 30 days of
the initial receipt of the claim, if an extension of time was taken by Wells Fargo TP A.
If additional information is necessary to make a determination, Wells Fargo TP A will: 1) provide notice of the need
for additional information, prior to the expiration of the initial is-day period; 2) identify the specific information
that the Covered Plan Participant or the Covered Plan Participant's Provider may need to provide; and 3) inform
the Covered Plan Participant of the date that Wells Fargo TP A reasonably expects to notify the Covered Plan
Participant on the decision. If Wells Fargo TPA requests additional information, Wells Fargo TPA must receive it
within 45 days of the request for the information. Wells Fargo TP A will provide notification of the decision on the
Covered Plan Participant's Pre-Service Claim within 15 days of receipt of the requested additional information.
A Pre-Service Claim denial is an Adverse Benefit Determination and is subject to the Adverse Benefit
Determination standards and appeal procedures described in this section.
Concurrent Care Decisions
Reduction or Termination of Coverage or Benefits of Services
A reduction or termination of coverage or benefits for services will be considered an Adverse Benefit
Determination when:
. Wells Fargo TP A and or the Monroe County Group .Health Plan Administrator has approved in writing
coverage or benefits for an ongoing course of services to be provided over a period of time or a number of
services to be rendered;
and
. the reduction or termination occurs before the end of such previously approved time or number of services;
and
. the reduction or termination of coverage or benefits by Wells Fargo TP A and/ or the Monroe County
Group .Health Plan Administrator was not due to an amendment of the Monroe County Group .Health Plan
Document or termination of the Covered Plan Participant's coverage as provided by the Monroe County
Group .Health Plan Document.
Wells Fargo TP A will notify the Covered Plan Participant of such reduction or termination in advance so that the
Covered Plan Participant will have a reasonable amount of time to have the reduction or termination reviewed in
accordance with the Adverse Benefit Determination standards and procedures described below. In no event shall
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Wells Fargo TP A be required to provide more than a reasonable period of time within which the Covered Plan
Participant may develop the appeal before Wells Fargo TPA actually terminates or reduces coverage for the
servICes.
Requests for Extension of Services
The Covered Plan Participant's Provider may request an extension of coverage or benefits for a service beyond the
approved period of time or number of approved services, If the request for an extension is for a Claim Involving
Urgent Care, Wells Fargo TPA will notify the Covered Plan Participant of the approval or denial of such requested
extension within 24 hours after receipt of the request, provided the request is received at least 24 hours prior to the
expiration of the previously approved number or length of coverage for such services. Wells Fargo TP A will then
notify the Covered Plan Participant within 24 hours if: 1) additional information is needed; or 2) the Covered Plan
Participant or the Covered Plan Participant's representative failed to follow proper procedures in the request for an
extension, If Wells Fargo TPA and/or Monroe County Group liealth Plan Administrator request additional
information, the Covered Plan Participant will have 48 hours to provide the requested information. Wells Fargo
TPA may notify the Covered Plan Participant orally or in writing, unless the Covered Plan Participant or the
Covered Plan Participant's representative specifically request that it be in writing, A denial of a request for
extension of services is considered an Adverse Benefit Determination and is subject to the Adverse Benefit
Determination review procedure below,
Standards for Adverse Benefit Determinations
Manner and Content of a Notification of an Adverse Benefit Determination
Wells Fargo TPA will provide notice of any Adverse Benefit Determination in writing. Notification of an Adverse
Benefit Determination will include (or will be made available to the Covered Plan Participant free of charge upon
request) :
· the specific reason or reasons for the Adverse Benefit Detennination;
· a reference to the specific Monroe County Group Health Plan Document provisions upon which the
Adverse Benefit Determination is based, as well as any internal rule, guideline, protocol, or other similar
criterion that was relied upon in making the Adverse Benefit Determination;
· a description of any additional information that might change the detennination and why that information is
necessary;
· a description of the Adverse Benefit Determination review procedures and the time limits applicable to such
procedures;
· if the Adverse Benefit Determination is based on the Medical Necessity or Experimental or Investigational
limitations and exclusions, a statement telling the Covered Plan Participant how to obtain the specific
explanation of the scientific or clinical judgment for the detennination; and
· a description of the Covered Plan Participant's appeal rights with respect to the decision.
If the Covered Plan Participant's claim is a Claim Involving Urgent Care, Wells Fargo TP A may notify the Covered
Plan Participant orally within the proper timeframes, provided Wells Fargo TP A follows-up with a written or
electronic notification meeting the requirements of this subsection no later than two (2) days after the oral
notification.
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How to Appeal an Adverse Benefit Determination
The Covered Plan Participant, or a representative designated by the Covered Plan Participant in writing, has the
right to appeal an Adverse Benefit Determination. Wells Fargo TPA will review the Covered Plan Participant's
appeal through the review process described below. The Covered Plan Participant's appeal must be submitted in
writing to Wells Fargo TP A within 365 days of the original Adverse Benefit Determination, except in the case of
Concurrent Care Decisions which may, depending upon the circumstances, require the Covered Plan Participant to
file within a shorter period of time from notice of the denial. The following guidelines are applicable to reviews of
Adverse Benefit Determinations:
. Wells Fargo TPA must receive the Covered Plan Participant's appeal of an Adverse Benefit Determination
in person or in writing;
. The Covered Plan Participant may request to review pertinent documents, such as any internal rule,
guideline, protocol, or similar criterion relied upon to make the determination, and submit issues or
comments in wri ting;
. If the Adverse Benefit Determination is based on the lack of Medical Necessity of a particular service or the
Experimental or Investigational limitations and exclusions or other similar exclusions or limitations, the
Covered Plan Participant may request, free of charge, an explanation of the scientific or clinical judgment
relied upon, if any, for the determination, that applies the terms of the Monroe County Group Health Plan
Document to the Covered Plan Participant's medical circumstances:
. During the review process, the services in question will be reviewed without regard to the decision reached
in the initial determination;
. Wells Fargo TP A may consult with appropriate Physicians, as necessary;
. An independent medical consultant who reviews a Covered Plan Participant's Adverse Benefit
Determination on behalf of Wells Fargo Third Party Administrator will be identified upon request; and
. If the Covered Plan Participant's claim is a Claim Involving Urgent Care, the Covered Plan Participant may
request an expedited appeal orally or in writing in which case all necessary information on review may be
transmitted between the Covered Plan Participant and Wells Fargo TPA by telephone, facsimile or other
available expeditious method.
Timing of Appeal Review on Adverse Benefit Determinations by Wells Fargo TPA
Wells Fargo TPA will review a Covered Plan Participant's appeal of an Adverse Benefit Determination and
communicate the decision in accordance with the following time frames:
. Pre-Service Claims - within 30 days of the receipt of the Covered Plan Participant's appeal;
. Post-Service Claims - within 60 days of the receipt of the Covered Plan Participant's appeal;
. Claims Involving Urgent Care (and requests to extend concurrent care services made within 24 hours prior
to the termination of the services)- within 72 hours of receipt of the Covered Plan Participant's request. If
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additional information is necessary Wells Fargo TP A will notify the Covered Plan Participant within 24
hours and Wells Fargo TPA must receive the requested additional information within 48 hours of the
request, After Wells Fargo TP A receives the additional information, Wells Fargo TP A will have an
additional 48 hours to make a determination.
Note: The nature of a claim for services (i.e., whether it is "urgent care" or not) is judged as of the time of the
benefit determination on review, not as of the time the service was initially reviewed or provided.
Submit appeals of Adverse Benefit Determinations to:
Wells Fargo Third Party Administrator
P. O. Box 366
Charleston, WV 25322
Additional Claims Processing Provisions
1. Release of Information/ Cooperation:
In order to process claims, Wells Fargo TPA and/or the Monroe County Group Health Plan Administrator
may need certain information, including information regarding other health care coverage the Covered Plan
Participant may have. The Covered Plan Participant must cooperate with the Monroe County Group
Health Plan Administrator and/or Wells Fargo TPA's effort to obtain such information by, among other
ways, signing any release of information form at the request of Wells Fargo TPA. Failure by the Covered
Plan Participant to fully cooperate with Wells Fargo TPA and/or the Monroe County Group Health Plan
Administrator may result in a denial of the pending claim.
2. Physical Examination:
In order to make coverage and benefit decisions, the Monroe County Group Health Plan Administrator
may, at its expense, require the Covered Plan Participant to be examined by a health care Provider of the
Monroe County Group Health Plan Administrator's choice as often as is reasonably necessary while a claim
is pending. Failure by the Covered Plan Participant to fully cooperate with such examination shall result in a
denial of the pending claim.
3. Legal Actions:
No legal action arising out of or in connection with coverage under the Monroe County Group Health Plan
Document may be brought against the Monroe County Group Health Plan Administrator within the 60-day
period following receipt of the completed claim as required herein. Additionally, no such action may be
brought after expiration of the applicable statue of limitations.
4. Fraud, Misrepresentation or Omission in Applying for Benefits:
Wells Fargo TPA relies on the information provided on the itemized statement and the claim form when
processing a claim. All such information, therefore, must be accurate, truthful and complete, Any
fraudulent statement, omission or concealment of facts, misrepresentation, or incorrect information may
result, in addition to any other legal remedy Wells Fargo TP A and/ or the Monroe County Group Health
Plan Administrator may have, in denial of the claim or cancellation or rescission of the Covered Plan
Participant's coverage,
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S. Explanation of Benefits Form:
All claims decisions, including denial and claims review decisions, will be communicated to the Covered
Plan Participant in writing either on an explanation of benefits form or some other written correspondence.
This form may indicate:
a) the specific reason or reasons for the Adverse Benefit Determination;
b) reference to the specific Monroe County Group Health Plan Document provisions upon which the
Adverse Benefit Determination is based as well as any internal rule, guideline, protocol, or other
similar criterion that was relied upon in making the Adverse Benefit Determination:
c) a description of any additional information that would change the initial determination and why that
information is necessary;
d) a description of the applicable Adverse Benefit Determination review procedures and the time limits
applicable to such procedures; and
e) if the Adverse Benefit Determination is based on the Medical Necessity or Experimental or
Investigational limitations and exclusions, a statement telling the Covered Plan Participant how they
can obtain the specific explanation of the scientific or clinical judgment for the determination.
6, Circumstances Beyond the Control of Wells Fargo TPA:
To the extent that natural disaster, war, riot, civil insurrection, epidemic, or other emergency or similar event
not within the control of Wells Fargo TPA, results in facilities, personnel or financial resources of Wells
Fargo TPA being unable to process claims for Covered Services, Wells Fargo TPA will have no liability or
obligation for any delay in payment of claims for Covered Services, except that Wells Fargo TPA will make
a good faith effort to make payment for such services, taking into account the impact of the event. For the
purposes of this paragraph, an event is not within the control of Wells Fargo TPA if Wells Fargo TPA
cannot effectively exercise influence or dominion over its occurrence or non-occurrence.
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SECTION 19.. GENERAL PROVISIONS
Access to Information
Wells Fargo TPA and Monroe County Group Health Plan Administrator have the right to receive, from a Covered
Plan Participant or Covered Plan Participant's Provider rendering Service to a Covered Plan Participant information
that is reasonably necessary, as determined by Wells Fargo TPA and the Monroe County Group Health Plan
Administrator, in order to administer the coverage and benefits provided, subject to all applicable confidentiality
requirements listed below, By accepting coverage, Covered Plan Participants authorize every heath care Provider
who renders Services to a Covered Plan Participant to disclose to Wells Fargo TPA and the Monroe County Group
Health Plan Administrator or to affiliated entities, upon request, all facts, records, and reports pertaining to the
Covered Plan Participant's care, treatment, and physical or mental Condition, and to permit Wells Fargo TPA
and/ or the Monroe County Group Health Plan Administrator to copy any such records and reports so obtained.
Right to Receive Necessary Information
In order to administer coverage and benefits, Wells Fargo TPA or the Monroe County Group Health Plan
Administrator may, without consent of, or notice to, any person, plan, or organization, obtain from any person,
plan, or organization any information with respect to any person covered under the Monroe County Group Health
Plan Document or applicant for enrollment which Wells Fargo TP A or the Monroe County Group Health Plan
Administrator deem to be necessary,
Right to Recovery
Whenever the Monroe County Group Health Plan has made payments in excess of the maximum provided under
the Monroe County Group Health Plan Document, Wells Fargo TPA or the Monroe County Group Health Plan
Administrator will have the right to recover any such payments, to the extent of such excess, from a Covered Plan
Participant or any person, plan, or other organization that received such payments.
Compliance with State and Federal Laws and Regulations
The terms of coverage and benefits to be provided under the Monroe County Group Health Plan Document shall
be deemed to have been modified and shall be interpreted so as to comply with applicable state and federal laws
and regulations dealing with benefits, eligibility, enrollment, termination, or other rights and duties.
Confidentiality
Except as otherwise specifically provided herein, and except as may be required in order for the Monroe County
Group Health Plan to administer coverage and benefits, specific medical information concerning a Covered Plan
Participant, received by Providers, shall be kept confidential by the Monroe County Group Health Plan
Administrator in conformity with applicable law. Such information may be disclosed to third parties for use in
connection with bona fide medical research and education, or as reasonably necessary in connection with the
administration of coverage and benefits, specifically including Wells Fargo TP A's quality assurance. Additionally,
Wells Fargo TP A and/or Monroe County Group Health Plan Administrator may disclose such information to
entities affiliated with it or other persons or entities it utilizes to assist in providing coverage, benefits or services
under the Monroe County Group Health Plan Document, Further, any documents or information which are
General Provisions
19 -1
properly subpoenaed in a judicial proceeding, or by order of a regulatory agency, shall not be subject to this
provlslOn,
Wells Fargo TP A's arrangements with a Provider may require that it release certain claims and medical information
about Covered Plan Participant s covered under the Monroe County Group Health Plan Document to that
Provider even if treatment has not been sought by or through that Provider. By accepting coverage, the Covered
Plan Participant hereby authorizes Wells Fargo TP A to release to Providers claims information, including related
medical information, pertaining to a Covered Plan Participant in order for any such Provider to evaluate a Covered
Plan Participant's financial responsibility under the Monroe County Group Health Plan Document.
Benefit Booklet
All Covered Plan Participant's have been provided with the Monroe County Group Health Plan Document and an
Identification Card(s) as evidence of coverage under the Monroe County Group Health Plan.
Cooperation Required of All Covered Plan Participants
All Covered Plan Participants must cooperate with Wells Fargo TPA and the Monroe County Group Health Plan
Administrator, and must execute and submit any consents, releases, assignments, and other documents requested in
order to administer, and exercise any rights hereunder. Failure to do so may result in the denial of claims and will
constitute grounds for termination for cause (See the Termination of an Individual's Coverage for Cause subsection
in the Termination of Coverage section).
N on-Waiver of Defaults
Any failure by Wells Fargo TPA or the Monroe County Group Health Plan Administrator at any time, or from time
to time, to enforce or to require in strict adherence to any of the terms or conditions described herein, will in no
event constitute a waiver of any such terms or conditions. Further, it will not affect Wells Fargo TP A's or Monroe
County Group Health Plan Administrator's right at any time to enforce any terms or conditions under the Monroe
County Group Health Plan Document.
Notices
Any notice required or permitted hereunder will be deemed given if hand delivered or if mailed by United States
Mail, postage prepaid, and addressed as listed below. Such notice will be deemed effective as of the date delivered
or so deposited in the mail.
To Wells Fargo Third Party Administrator: The address printed on the Identification Card.
To a Covered Plan Participant:
The latest address provided by the Covered Plan Participant or to the address on
the latest Enrollment Form actually delivered to the Benefits Office.
All Covered Plan Participants must notify the Monroe County Group Health Plan Administrator (Benefits
Office) immediately of any address change.
If to Monroe County Group Health Plan Administrator: To the address provided in the General Plan Information
Section.
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19 - 2
Obligations Upon Termination
Upon termination of a Covered Plan Participant's coverage for any reason, there will be no further liability or
responsibility to the Covered Plan Participant under the Monroe County Group Health Plan, except as specifically
described herein.
Promissory Estoppel
No oral statements, representations, or understanding by any person can change, alter, delete, add or otherwise
modify the ~xpress written terms of the Monroe County Group Health Plan Document,
Florida Agency for Health Care Administration Performance Data
The performance outcome and financial data published by the Agency for Health Care Administration (AHCA),
pursuant to Florida Statute 408.05, or any successor statute, located at the web site address:
http://ahca.myt1orida.com/SCHS/index.shtml or w\v\v.FloridaHealthFinder.gov
Third Party Beneficiary
The terms and provisions of the Monroe County Group Health Plan Document shall be binding solely upon, and
inure solely to the benefit of, Monroe County Board of County Commissioners and individuals covered under the
terms of the Monroe County Group Health Plan Document, and no other person shall have any rights, interest or
claims there under, or under the Monroe County Group Health Plan Document, or be entitled to sue for a breach
thereof as a third-party beneficiary or otherwise.
Notification of Plan Changes
Any proposed change to the Plan that would constitute a material reduction in benefits or change in cost to current
Covered Plan Participants that will be presented to the BOCC will be preceded by a two week written notice to the
affected Covered Plan Participants,
General Provisions
19 ~ 3
SECTION 20.. HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT (HIPAA)
Use and Disclosure of Protected Health Information (PHI)
The Plan Administrator, as the sponsor of the Monroe County Health Insurance Plan "Sponsor", will use and
disclose protected health information (PHI) to the extent of and in accordance with the uses and disclosures
permitted by the Health Insurance Portability and Accountability Act of 1996 (HIP AA). Specifically, the Sponsor
will use and disclose PIn for purposes related to health care treatment, payment for health care and health care
operations, The provisions of this section (and other provisions of the Plan relating to HIP AA privacy rules) shall
be effective on April 14, 2003, or such later date as may be provided by federal law or regulation.
Use and Disclosure of PHI for Treatment, Payment and Operations
The Sponsor may, without the consent or authorization of the Covered Plan Participant, use and disclose PHI for
health care treatment, health care payment, and health care operations, and other uses or disclosures to the full
extent permitted by regulations promulgated by the Secretary of Health and Human Services to implement HIP AA,
subject to more stringent state privacy laws which do not conflict with HIP AA (if any).
The Sponsor may also disclose PHI to such other persons and for such other purposes when authorized by the
Covered Plan Participant on a form and in a manner provided for in regulations promulgated by the Secretary of
Health and Human Services to implement HIP AA.
The Sponsor may also disclose summary health information to the BOCC or the Employer if requested for the
purpose of obtaining bids from health plans for providing health insurance coverage, or for modifying, amending or
terminating the Plan, The Sponsor may also disclose information on whether the individual is participating in the
group health plan.
With Respect to PHI, the Plan Agrees to Certain Conditions
The Sponsor agrees to:
1. Not use of further disclose PHI other than as permitted or required by the Plan document or as required by
law;
2. Ensure that any agents, including a subcontractor, to whom the Sponsor provides PHI, agrees to the same
restrictions and conditions that apply to the Sponsor with respect to such PHI;
3. Not use or disclose PHI for employment-related actions and decisions unless authorized by the Covered
Plan Participant;
4. Not use or disclose PIn in connection with any other benefit or employee benefit plan of the BOCC unless
authorized by the Covered Plan Participant;
5. Make PHI available to a Covered Plan Participant in accordance with HIP AA's access requirements;
6. Make PHI available for amendment and incorporate any amendments to PIn in accordance with HIP AA;
Health Insurance Portability and Accountability Act (HIPAA)
20 1
7. Make available the information required to provide an accounting of disclosures;
8. Make internal practices, books and records relating to the use and disclosure of PHI available to the HHS
secretary for the purposes of determining the Plan's compliance with HIP AA; and
9. If feasible, return or destroy all PHI received that the BOCC still maintains in any form, and retain no
copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or
destruction if not feasible, limit further uses and disclosures to those purposes that make the return or
destruction infeasible).
Health Insurance Portability and Accountability Act (HIPMj
20 - 2
SECTION 21 .. DEFINITIONS
The following definitions are used in the Monroe County Group Ilealth Plan Document, Other definitions may be
found in the particular section or subsection where they are used.
Accident means an unintentional, unexpected event, other than the acute onset of a bodily infirmity or disease,
which results in traumatic injury. This term does not include injuries caused by surgery or treatment for disease or
illness.
Accidental Dental Injury means an injury to sound natural teeth (not previously compromised by decay) caused
by a sudden, unintentional, and unexpected event or force, This term does not include injuries to the mouth,
structures within the oral cavity, or injuries to natural teeth caused by biting or chewing, surgery, or treatment for a
disease or illness.
Active Work means active full time performance by an Eligible Employee of all customary duties of his or her
occupation at the Employer location or another location of business to which the Employer requires the Eligible
Employee to travel. An Eligible Employee shall be deemed "Active at Work" on each day of regular paid vacation,
and on a regular nonworking day on which the Eligible Employee is not disabled, provided the Eligible Employee
was actively at work on the last preceding working day.
Adverse Benefit Determination means any denial, reduction or termination of coverage, benefits, or payment (in
whole or in part) under the Monroe County Group Health Plan Document with respect to a Pre-Service Claim or a
Post-Service Claim. Any reduction or termination of coverage, benefits, or payment in connection with a
Concurrent Care Decision, as described in this section, shall also constitute an Adverse Benefit Determination.
Allowed Atnount means the maximum amount upon which payment will be based for Covered Services
established in accordance with the applicable agreements between the Monroe County Group Health Plan and the
PPO Networks. The Allowed Amount may be changed at any time without notice to Covered Plan Participant or
their consent,
Atnbulance means a ground or water vehicle, airplane or helicopter properly licensed pursuant to Chapter 401 of
the Florida Stattltes, or a similar applicable law in another state intended to be used for transportation of sick or
injured persons requiring or likely to require medical attention during transport.
Atnbulatory Surgical Center means a facility properly licensed pursuant to Chapter 395 of the riorida Statutes, or
similar applicable law of another state, the primary purpose of which is to provide elective surgical care to a patient,
admitted to, and discharged from such facility within the same working day.
Artificial Insemination (AI) means a medical procedure in which sperm is placed into the female reproductive
tract by a qualified health care provider for the purpose of producing a pregnancy.
Birth Center means a facility or institution, other than a Hospital or Ambulatory Surgical Center, which is properly
licensed pursuant to Chapter 383 of the Florida Stattltes, or a similar applicable law or another state, in which births
are planned to occur away from the mother's usual residence following a normal, uncomplicated, low-risk
pregnancy.
Bone Marrow Transplant means human blood precursor cells administered to a patient to restore normal
hematological and immunological functions following ablative or non-ablative therapy with curative or life-
Definitions
21- 1
prolonging intent. Human blood precursor cells may be obtained from the patient in an autologous transplant, or
an allogeneic transplant from a medically acceptable related or unrelated donor, and may be derived from bone
marrow, the circulating blood, or a combination of bone marrow and circulating blood. If chemotherapy is an
integral part of the treatment involving bone marrow transplantation, the term "Bone Marrow Transplant" includes
the transplantation as well as the administration of chemotherapy and the chemotherapy drugs.
Calendar Year begins January 1 st and ends December 31 st.
Cardiac Therapy means Health Care Services provided under the supervision of a Physician, or an appropriate
Provider trained for Cardiac Therapy, for the purpose of aiding in the restoration of normal heart function in
connection with a myocardial infarction, coronary occlusion or coronary bypass surgery.
Certified Nurse Midwife means a person who is licensed pursuant to Chapter 464 of the Florida Statutes, or a
similar applicable law of another state, as an advanced registered nurse practitioner and who is certified to practice
midwifery by the American College of Nurse Midwives.
Certified Registered Nurse Anesthetist means a person who is a properly licensed nurse who is certified
advanced registered nurse practitioner within the nurse anesthetist category pursuant to Chapter 464 of the Florida
Statutes, or a similar applicable law of another state,
Claim Involving Urgent Care means any request or application for coverage or benefits for medical care or
treatment that has not yet been provided with respect to which the application of time periods for making non-
urgent care benefit determinations: (1) could seriously jeopardize the life or health or a Covered Plan Participant's
ability to regain maximum function; or (2) in the opinion of a Physician with knowledge of the Covered Plan
Participant's Condition, would subject the Covered Plan Participant to severe pain that cannot be adequately
managed without the proposed Services being rendered.
Claims Administrator means the individual or entity that processes claims, provides certain financial services,
provides reports and makes initial benefit determinations subject to the Monroe County Group Health Plan
Document. It does not fund or insure claim payments or bear any financial risk with regard to The Plan's expenses.
Currently, the Claims Administrator is Wells Fargo Third Party Administrator. The Plan has the discretion to
change its Claims Administrator at any time.
Coinsurance means the Covered Plan Participant's share of health care expenses for Covered Services. After the
Deductible requirement is met, a percentage of the Allowed Amount will be paid for Covered Services, as listed in
the Schedule of Benefits. This percentage is the Coinsurance for which the Covered Plan Participant is responsible
Concurrent Care Decision means a decision by Wells Fargo Third Party Administrator to deny, reduce, or
terminate coverage, benefits, or payment (in whole or in part) with respect to a course of treatment to be provided
over a period of time, or a specific number of treatments, if we had previously approved or authorized in writing
coverage, benefits or payment for that course of treatment or number of treatments.
Condition means a disease, illness, ailment, injury, or pregnancy,
Covered Employee/Retiree means an Eligible Employee or an Eligible Retiree who is enrolled, and actually
covered, under the Monroe County Group Health Plan Document.
Covered Plan Participant means an Eligible Employee or other individual who meets and continues to meet all
applicable eligibility requirements and who is enrolled, and actually covered, under the Monroe County Group
l-lealth Plan Document.
Definitions
21- 2
Covered Services means those 11ealth Care Services which meet the criteria listed in the "Covered Services"
sectIon,
Creditable Coverage means health care you have had in the past, such as coverage under a group health plan
(including COBRA continuation coverage), an HMO, an individual health insurance policy, Medicare or Medicaid,
and this prior coverage was not interrupted by a break in coverage of 63 days or more, The time period of this
prior coverage must be applied toward any pre-existing condition exclusion imposed by the Plan.
Custodial or Custodial Care means care that serves to assist an individual in the activities of daily living, such as
assistance in walking, getting in and out of bed, bathing, dressing, feeding, and using the toilet, preparation of
special diets, and supervision of medication that usually can be self-administered or administered by a home care
giver. Custodial Care essentially is personal care that does not require the continuing attention of trained medical or
paramedical personnel. In determining whether a person is receiving Custodial Care, consideration is given to the
frequency, intensity and level of care and medical supervision required and furnished, A determination that care
received is Custodial is not based on the patient's diagnosis, type of Condition, degree of functional limitation, or
rehabilitation potential,
Deductible means the amount of charges, up to the Allowed Amount, for Covered Services that are the Covered
Plan Participants responsibility. The term, Deductible, does not include any amounts in excess of the Allowed
Amount, or any CoinsurancejCopay amounts, if applicable, that are the responsibility of the Covered Plan
Participant.
Detoxification means a process whereby an alcohol or drug intoxicated, or alcohol or drug dependent, individual is
assisted through the period of time necessary to eliminate, by metabolic or other means, the intoxicating alcohol or
drug, alcohol or drug dependent factors or alcohol in combination with drugs as determined by a licensed Physician
or Psychologist, while keeping the physiological risk to the individual at the minimum.
Diabetes Educator means a person who is properly certified pursuant to Florida law, or a similar applicable law of
another state, to supervise diabetes outpatient self-management training and educational services.
Dietitian means a person who is properly licensed pursuant to Florida law or a similar applicable law of another
state to provide nutrition counseling or diabetes outpatient self-management services.
Durable Medical Equipment means equipment furnished by a supplier or a Home Health Agency that: 1) can
withstand repeated use; 2) is primarily and customarily used to serve a medical purpose; 3) not for comfort or
convenience; 4) generally is not useful to an individual in the absence of a Condition; and 5) is appropriate for use
in the home.
Effective Date means, with respect to individuals covered under the Monroe County Group Health Plan
Document, 12:01 a.m. on the date Monroe County Group Health Plan Administrator specifies that the coverage
will commence as further described in the "Enrollment & Effective Date of Coverage" section of the Monroe
County Group Health Plan Document.
Eligible Dependent means an individual who meets and continues to meet all of the eligibility requirements
described in the Eligibility Requirements for Dependent(s) subsection of the "Eligibility for Coverage" section in
the Monroe County Group Health Plan Document, and is eligible to enroll as a Covered Plan Participant.
Refer to the "Eligibility for Coverage" section for limits on eligibility.
Definitions
21- 3
Eligible Employee/Retiree means an individual who meets and continues to meet all of the eligibility
requirements described in the Eligibility Requirements for Covered Employee subsection of the Eligibility for
Coverage section in the Monroe County Group Health Plan Document and is eligible to enroll as a Covered Plan
Participant. Any individual who is an Eligible Employee is not a Covered Plan Participant until such individual has
actually enrolled with, and been accepted for coverage as a Covered Plan Participant by the Monroe County Group
Health Plan Administrator.
Employer means the Monroe County Board of County Commissioners; Clerk of the Circuit Court; Land
Authority; Property Appraiser; Sheriffs Office; Supervisor of Elections; Tax Collector,
Endorsement means an amendment to the Monroe County Group IIealth Plan Document.
Experimental or Investigational means any evaluation, treatment, therapy, or device which involves the
application, administration or use, of procedures, techniques, equipment, supplies, products, remedies, vaccines,
biological products, remedies, vaccines, biological products, drugs, pharmaceuticals, or chemical compounds if, as
determined solely by Wells Fargo TPA or the Monroe County Group Health Plan Administrator:
1. such evaluation, treatment, therapy, or device cannot be lawfully marketed without approval of the United
States Food and Drug Administration of the Florida Department of Health and approval for marketing has
not, in fact, been given at the time such is furnished to a Covered Plan Participant; or
2, such evaluation, treatment, therapy, or device is provided pursuant to a written protocol which describes as
among its objectives the following: determinations of safety, efficacy, or efficacy in comparison to the
standard evaluation, treatment, therapy, or device; or
3. such evaluation, treatment, therapy, or device is delivered or should be delivered subject to the approval and
supervision of an institutional review board or other entity as required and defined by federal regulations; or
4. creditable scientific shows that such evaluation, treatment, therapy, or device is the subject of an ongoing
Phase I or II clinical investigation, or the eXperimental or research arm of the Phase III clinical investigation,
or under study to determine: maximum tolerated dosage(s), toxicity, safety, efficacy, or efficacy as compared
with the standard means for treatment or diagnosis of the Condition in question; or
5, creditable scientific shows that the consensus of opinion among experts is that further studies, research, or
clinical investigations are necessary to determine: maximum tolerated dosage(s), toxicity, safety, efficacy, or
efficacy as compared with the standard means for treatment or diagnosis of the Condition in question; or
6. creditable scientific shows that such evaluation, treatment, therapy, or device has not been proven safe and
effective for treatment of the Condition in question, as evidenced in the most recently published Medical
Literature in the United States, Canada, or Great Britain, using Generally Accepted Standards of Medical
Practice; or
7, there is no consensus among practicing Physicians that the treatment, therapy, or device is safe and effective
for the Condition in question; or
8. such evaluation, treatment; therapy, or device is not the standard treatment, therapy, or device utilized by
practicing Physicians in treating other patients with the same or similar Condition.
"Credible scientific" shall mean (as determined by Wells Fargo TPA or Monroe County Group Health Plan
Administrator):
Definitions
21- 4
1. records maintained by Physicians or Hospitals rendering care or treatment to a Covered Plan Participant or
other patients with the same or similar Condition;
2. reports, articles, or written assessments in authoritative medical and scientific literature published in the
United States, Canada, or Great Britain;
3. published reports, articles, or other literature of the United States Department of Health and Human
Services or the United States Public Health Service, including any of the National Institutes of Health, or
the United States Office of Technology Assessment;
4. the written protocol or protocols rely upon by the treating Physician or institution or the protocols of
another Physician or institution studying substantially the same evaluation, treatment, therapy or device;
5. the written informed consent used by the treating Physician or institution or by another Physician or
institution studying substantially the same evaluation, treatment, therapy, or device; or
6. the records (including any reports) of any institutional review board of any institution which has reviewed
the evaluation, treatment, therapy, or device for the Condition in question.
Note: Health Care Services which are determined by Wells Fargo TPA or the Monroe County Group
Health Plan Administrator to be Experimental or Investigational are excluded (see the "Covered Services"
section)in determining whether a Health Care Service is Experimental or Investigational. Wells Fargo
TPA or Monroe County Group Health Plan Administrator may also rely on the predominant opinion
among experts, as expressed in published authoritative literature, that usage of a particular evaluation,
treatment, therapy, or device should be substantially confined to research settings or that further studies
are necessary in order to define safety, toxicity, effectiveness, or effectiveness compared with standard
alternatives.
Foster Child means a person who is placed in a Covered Plan Participant's residence and care under the Foster
Care Program by the Florida Department of Health & Rehabilitative Services in compliance with Florida Statutes or
by a similar regulatory agency of another state in compliance with that state's applicable laws.
Generally Accepted Standards of Medical Practice means standards that are based on credible scientific
evidence published in peer-reviewed medical literature generally recognized by the relevant medical community,
Physician Specialty Society recommendations, and the views of Physicians practicing in relevant clinical areas and
any other relevant factors.
Gestational Surrogate means a woman, regardless of age, who contract, orally or in writing, to become pregnant
by means of assisted reproductive technology without the use of an egg from her body.
Gestational Surrogacy Contract or Arrangement means an oral or written agreement, regardless of the state or
jurisdiction where executed, between the Gestational surrogate and the intended parent or parents.
Health Care Services or Services includes treatments, therapies, devices, procedures, techniques, equipment,
supplies, products, remedies, vaccines, biological products, drugs, pharmaceuticals, chemical compounds, and other
services rendered or supplied by, or at the direction of, Providers.
Home Health Agency means a properly licensed agency or organization which provides health services in the
home pursuant to Chapter 400 of the Florida Statutes, or similar applicable law of another state.
Definitions
21.5
Home Health Care or Home Health Care Services means Physician-directed professional, technical and related
medical and personal care Services provided on an intermittent or part-time basis directly by (or indirectly through)
a I-Iome Health Agency in the Covered Plan Participant's home or residence. For purposes of this definition, a
Hospital, Skilled Nursing Facility, nursing home or other facility will not be considered an individual's home or
residence.
Hospice means a public agency or private organization which is duly licensed by the State of Florida under
applicable law, or a similar applicable law of another state, to provide hospice services. In addition, such licensed
entity must be principally engaged in providing pain relief, symptom management, and supportive services to
terminally ill persons and their families.
Hospital means a facility properly licensed pursuant to Chapter 395 of the Florida StatNes, or a similar applicable law
of another state, that: offers services which are more intensive than those required for room, board, personal
services and general nursing care; offers facilities and beds for use beyond 24 hours; and regularly makes available at
least clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery or obstetrical care or
other definitive medical treatment of similar extent.
The term Hospital does not include: an Ambulatory Surgical Center; a Skilled Nursing Facility; a stand-alone
Birthing Center; a Psychiatric Facility, a Substance Abuse Facility; a convalescent, rest or nursing home; or a facility
which primarily provides Custodial, educational, or Rehabilitative Therapies.
Note: If services specifically for the treatment of a physical disability are provided in a licensed Hospital
which is accredited by the Joint Commission on the Accreditation of Health Care Organizations, the
American Osteopathic Association, or the Commission on the Accreditation of Rehabilitative Facilities,
the payment for these services will not be denied solely because such Hospital lacks major surgical
facilities and is primarily of a rehabilitative nature. Recognition of these facilities does not expand the
scope of Covered Services. It only expands the setting where Covered Services can be performed for
coverage purposes.
Identification (ID) Card means the card(s) issued to Covered Plan Participants under the Monroe County Group
Health Plan. The card is not transferable to another person. Possession of such card in no way guarantees that a
particular individual is eligible for, or covered under the Monroe County Group Health Plan.
In-Network means, when used in reference to Covered Services, the level of benefits payable to an In-Network
Provider as designated on the Schedule of Benefits under the heading "In-Network". Otherwise, In-Network
means, when used in reference to a Provider, that, at the time Covered Services are rendered, the Provider is an In-
Network Provider under the terms of the Monroe County Group Health Plan Document.
Licensed Practical Nurse means a person properly licensed to practice practical nursing pursuant to Chapter 464
of the Florida Stat1ltes, or similar applicable law of another state.
Massage Therapist means a person properly licensed to practice Massage, pursuant to Chapter 480 of the Florida
Statutes, or a similar applicable law of another state.
Mastectomy means the removal of all or part of the breast for Medically Necessary reasons as determined by a
Physician.
Medical Literature means scientific studies published in a United States peer-reviewed national professional
journal.
Definitions
21.6
Medically Necessary or Medical Necessity means that, with respect to a Health Care Service, a Physician,
exercising prudent clinical judgment, provided the Health Care Service to the Covered Plan Participant for the
purpose of preventing, evaluating, diagnosing or treating an illness, injury, disease or its symptoms, and that the
Health Care Service was:
1. in accordance with General Accepted Standards of Medical Practice;
2. clinically appropriate, in terms of type, frequency, extent, site and duration, and considered effective for the
Covered Plan Participant's illness, injury or disease; and
3. not primarily for the Covered Plan Participants convenience, or that of the Covered Plan Participant's
Physician or other health care Provider, and not more costly that an alternative Service or sequence of
Services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or
treatment of the Covered Plan Participant's illness.
Medicare means the federal health insurance provided under Title XVIII of the Social Security Act and all
amendments thereto.
Mental Health Professional means a person properly licensed to provided mental health Services, pursuant to
Chapter 491 of the Florida Statutes, or a similar applicable law of another state. This professional may be a clinical
social worker, mental health counselor or marriage and family therapist. A Mental Health Professional does not
include members of any religious denomination who provide counseling services.
Mental and Nervous Disorder means any disorder listed in the diagnostic categories of the Internal Classification
of Disease, Ninth Edition, Clinical Modification (ICD-9 CM), or their equivalents in the most recently published
version of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, regardless
of the underlying cause, or effect, of the disorder.
Midwife means a person properly licensed to practice midwifery pursuant to Chapter 467 of the Florida Statues, or a
similar applicable law of another state.
Morbid Obesity means a condition diagnosed by a Physician in which the patient who is over 18 years old and has
completed bone growth meets one (1) or more of the following criteria:
. A body mass index (EM!) exceeds forty (40);
. A body mass index is greater than thirty-five (35) in conjunction with severe co-morbidities that are likely to
reduce life expectancy (e.g., cardiopulmonary complications, severe diabetes, severe sleep apnea; medically
refractory hypertension);
. A body weight of approximately 100 lbs. over ideal weight as provided in the Metropolitan Life and Weight
table.
Occupational Therapist means a person properly licensed to practice Occupational Therapy as pursuant to
Chapter 468 of the Florida Statutes, or a similar applicable law of another state.
Occupational Therapy means a treatment that follows an illness or injury and is designed to help a patient learn to
use a newly restored or previously impaired function.
Definitions
21.7
Orthotic Device means any rigid or semi-rigid device needed to support a weak or deformed body part or restrict
or eliminate body movement.
Out-of-Network means, when used in reference to Covered Services, the level of benefits payable to an Out-of-
Network Provider as designated on the Schedule of Benefits under the heading "Out-of-Network". Otherwise,
Out-of-Network means, when used in reference to a Provider, that, at the time Covered Services are rendered, the
Provider is not an In-Network Provider under the terms of the Monroe County Group Health Plan Document.
Outpatient Facility means any licensed facility which renders, through providers properly licensed pursuant to
Florida law or the similar law or laws of another state: outpatient physical therapy; outpatient speech therapy;
outpatient occupational therapy; outpatient cardiac rehabilitation therapy; and outpatient Massage for the primary
purpose of restoring or improving a bodily function impaired or eliminated by a Condition. Further, such an entity
must meet Wells Fargo Third Party Administrator criteria for eligibility as an Outpatient Facility. The term
Outpatient Facility, as used herein, shall not include any the office of any Physician, Midwife, Physical Therapist,
Occupational Therapist; any Hospital, including a general acute care Hospital, or any separately organized unit of a
Hospital, which provides comprehensive medical rehabilitation inpatient services, or rehabilitation outpatient
services, including, but not limited to, a Class III "specialty rehabilitation hospital" described in Chapter 59A, Florida
Administrative Code or the similar law or laws of another state.
Pain Management includes, but is not limited to, Services for pain assessment, medication, physical therapy,
biofeedback, and/or counseling. Pain rehabilitation programs are programs featuring multidisciplinary Services
directed toward helping those with chronic pain to reduce or limit their pain.
Partial Hospitalization means treatment in which an individual receives at least seven hours of institutional care
during a portion of a 24-hour period and returns home or leaves the treatment facility during any period in which
treatment is not scheduled. A Hospital shall not be considered a "home" for purposes of this definition.
Physical Therapist means a person properly licensed to practice Physical Therapy pursuant to Chapter 486 of the
Florida Statutes, or a similar applicable law of another state.
Physician means any individual who is properly licensed by the state of Florida, or a similar applicable law of
another state, as a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Podiatry (D.P.M.), Doctor
of Chiropractic (D.c.), Doctor of Dental Surgery or Dental Medicine (D.D.S. or D.M.D.), or Doctor of Optometry
(O.D.)
Physician Assistant means a person properly licensed pursuant to Chapter 458 of the Florida Statutes, or a similar
applicable law of another state to perform medical services delegated by the supervising Physician.
Plan means the Monroe County Group Health Plan Document.
Plan Administrator means the Monroe County Board of County Commissioners.
Prosthetic Device means a device designed or manufactured by a person or entity that is properly licensed, if
applicable, under Florida law, or a similar applicable law of another state, to provide services consisting of the
design and fabrication of medical devices such as braces, splints, and artificial limbs prescribed by a Physician.
Provider means any facility, person or entity recognized for payment by Wells Fargo Third Party Administrator
under the Monroe County Group Health Plan Document.
Psychologist means a person properly licensed to practice psychology pursuant to Chapter 490 of the Florida
Statutes, or a similar applicable law of another state.
Definitions
21.8
Registered Domestic Partner means a person who has established a Domestic Partnership with a Covered Plan
Participant according to Monroe County Board of County Commissioners Resolution No. 081-1998.
Registered Nurse means a person properly licensed to practice professional nursing pursuant to Chapter 464 of
the Florida Statutes, or a similar applicable law of another state.
Skilled Nursing Facility means an institution or part thereof which meets Wells Fargo Third Party Administrator's
criteria for eligibility as a Skilled Nursing Facility and which: 1) is licensed as a Skilled Nursing Facility by the state
of Florida or a similar applicable law of another state; and 2) is accredited as a Skilled Nursing Facility by the Joint
Commission on Accreditation of Healthcare Organizations or recognized as a Skilled Nursing Facility by the
Secretary of Health and Human Services of the United States under Medicare, unless such accreditation or
recognition requirement has been waived by Wells Fargo Third Party Administrator.
Speech Therapist means a person properly licensed to practice Speech Therapy pursuant to Chapter 468 of the
Florida Statutes, or similar applicable law of another state.
Substance Abuse Facility means a facility properly licensed under Florida law, or a similar applicable law of
another state, to provide necessary care and treatment for Substance Dependency. For the purposes of the Monroe
County Group I-Iealth Plan Document a Substance Abuse Facility is not a Hospital or a Psychiatric Facility, as
defined herein.
Substance Dependency means a Condition where a person's alcohol or drug use injures his or her health;
interferes with his or her social or economic functioning; or causes the individual to lose self-control.
Urgent Care means care offered at a facility properly licensed that: 1) is available to provide Services to patients at
least 60 hours per week with at least twenty-five (25) of those available hours after 5:00 p.m. on weekdays or on
Saturday or Sunday; 2) posts instructions for individuals seeking Health Care Services, in a conspicuous public
place, to where to obtain such Services when the Urgent Care center is closed; 3) employs or contracts with at least
one or more Board Certified or Board Eligible Physicians and Registered Nurses (RNs) who are physically present
during all hours of operation. Physicians, RNs, and other medical professional staff must have appropriate training
and skills for the care of adults and children; and 4) maintains and operates basic diagnostic radiology and
laboratory equipment in compliance with applicable state and/ or federal laws and regulations.
For the purposes of the Monroe County Group Health Plan Document, an Urgent Care center is not a Hospital,
Psychiatric Facility, Substance Abuse Facility, Skilled Nursing Facility or Outpatient Rehabilitation Facility.
Waiting Period means the length of time established by the Monroe County Group Health Plan Document which
must be met by an individual before that individual becomes eligible for coverage under the Monroe County Group
Health Plan Document.
Definitions
21.9
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY GROUP HEALTH PLAN
Each provision, each benefit, each page in the Plan Document for which the pages
attached have been reviewed and approved by the undersigned.
This Plan Document is Effective January 1, 2010, except as otherwise noted.
Name:
Board of County Commissioners - Monroe County
Approved by:
Date:
,-
.. .
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
3-17-2010
Division: County Administration
Bulk Item: Yes l
No
Department: Social Services
Staff Contact Person: Sheryl Graham X4510
AGENDA ITEM WORDING: Approval of Amendment #0001 to the Homeless Prevention and
Rapid Re-Housing Grant Agreement (HPRP) grant agreement #KFZ28 (10/1/09 to 6/30/11) between
the State of Florida Department of Children and Families and the Monroe County Board of County
Commissioners (Community Services/Social Services).
ITEM BACKGROUND: The approval of the Amendment #0001 to the HPRP grant agreement will
amend Page 2, Paragraph 3, Page 6, Paragraph 23, to insert reference to Attachment F., Page 9, replace
"26" with "31" Section-Attachments and insertion of attachment F. to "Attachments to Grant
Agreement" and Pages 27-31, insertion of Attachment F, grant report.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the (HPRP) Homeless
Prevention and Rapid Re-Housing Grant Agreement #KFZ28 on 9/16/2009.
CONTRACT/AGREEMENT CHANGES: This amendment will allow for revision and addition of
the original HPRP grant agreement to include Attachment F and correct the conditional allocation from
$171,388 to $171,338.00.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $257,007.00
BUDGETED: Yes --1L No
COST TO COUNTY: $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH
~~r Year
APPROVED BY: County Attr- rasing ---K- Risk Management _X_
DOCUMENTATION:
lncluded X
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSU~ARY
Contract with: State of Florida Department of
Children and Families
Contract # KFZ28,
amendment #000 I
Effective Date: 10-01-09
Expiration Date: 6-30-11
Contract Purpose/Description: Approval of Amendment #0001 to the Homeless Prevention and Rapid Re-
Housing Grant Agreement (HPRP) grant agreement #KFZ28 (10/1/09 to 6/30111) between the State of Florida
Department of Children and Families and the Monroe County Board of County Commissioners (Community
Services/Social Services).
Contract Manager:
Sheryl Graham
(Name)
4510
(Ext.)
Social Services/Stop I
(Department/Stop #)
For BOCC meeting on
3-17-10
Agenda Deadline:
3-2-10
CONTRACT COSTS
Total Dollar Value of Contract: approx. $257,007.00
Budgeted? Yes X No Account Codes:
Current Year Portion: $
_6155609_
County Match: 0
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr
For:
(e.g, Maintenance, utilities, ianitorial. salaries, etc)
CONTRACT REVIEW
Date tn
Division Director 0/1/ J 0
/d:J (0
Risk Mana&emenl\ \() J-- Yes
~ .~,'f
O.M.B./P~ch;g:ing ;..11...C; "D Yes
County Attorney ~\ \ c\ \'0 Yes
Date Out
Comments:
OMB Form Revised 1127/01 MCP #2
, .
Grant # KFZ28
Amendment # 0001
Date: 3/01/2010
Amendment #0001
THIS AMENDMENT, entered into between the State of Florida Department of Children
and Families, hereinafter referred to as the "department" and Monroe County B.O.C.C.,
hereinafter referred to as the "provider", amends Grant Agreement #KFZ28.
1. Page 2, Paragraph 3 is hereby amended to read:
3. In addition to the grant amount reflected on page 1 of this Grant Agreement, the
Department makes a conditional allocation of HPRP funds to the Grantee in the sum
of $171,338.00. The Grantee shall not have the authority to obligate or expend these
additional grant funds until the following conditions are met.
2. Page 6, Paragraph 23 is hereby amended to read:
23. The Grantee shall report client-level data, such as the number of persons served
and their demographic characteristics, in the homeless management information
system within their respective continuum of care planning area, as required by the
Department of Housing and Urban Development. Further, the Grantee shall submit
quarterly reports to the Department, using the form included in this Grant Agreement
as Attachment F. The quarterly report shall be received by the Department within
five calendar days following the end of the grant quarter (March 30, June 30,
September 30, and December 31). At a minimum, the Grantee shall report the
following: the total amount of HPRP funds received from the Department; the
amounts of HPRP funds allocated for the four eligible HPRP activity categories
(financial assistance, services, data collection and administration); the amount
expended for each of the above categories; the estimated number of unduplicated
individuals and families served; and the numbers of new jobs created and jobs
retained. Finally, an annual performance report, using the form provided by the
Department Grant Manager, is due to the Department by November 1 of each year.
This report shall at a minimum contain the following: the number of persons served
and the demographic characteristics of the persons served; the total HPRP funds
expended by activity type; the numbers of jobs created and jobs retained; and the
outcomes achieved related to housing stability, as defined by the U.S. Department of
Housing and Urban Development. Failure to file the required reports in a timely
fashion shall be cause for the Department to suspend funding to the Grantee, until
corrective actions have been taken.
3. Page 9, after IN WITHNESS THEREOF, delete "26" and replace with "31".
4. Page 9, in the section entitled "Attachments to Grant Agreement", add the
following:
F. Homeless Prevention and Rapid Re-Housing Program (HPRP) Grant Report
Monroe County B.O.C.C.
1
. "
Grant # KFZ28
Amendment # 0001
Date: 3/01/2010
5. Pages 27 - 31, Attachment F, Homeless Prevention and Rapid Re-Housing
Program (HPRP) Grant Report, dated 12/01/2009, are hereby inserted and
attached hereto
This amendment shall begin on March 1, 2010, or the date on which the amendment has
been signed by both parties, whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this 7 (seven) page amendment
to be executed by their officials thereunto duly authorized.
PROVIDER: Monroe County B;O.C.C.
SIGNED
BY:
NAME: Sylvia Murphy
TITLE: Mavor
DATE:
FEDERAL 10 NUMBER F59-6000749
J, . j'-A~./ L. -' __ V I
/r~ ",T;': ~
" .11 ; );-'4'''_'___ "r<
(l~ ;If'< 7(ti"
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-,~-~>,,-,~~~--~-~ -.(
Monroe County B.O.C.C.
FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED
BY:
NAME: Gilda P. Ferradaz
TITLE: Circuit Administrator
DATE:
Date
2
Inserted
Attachment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
SubGrantee Name: (as on contract)
BASic PR9JE~G!!Nf9~~'!1flJ(E;:
lse9;n Dale
Reporting Period
lEnding Dale loue Dale
D-U-N-S Number:
SubGrantee Location
Address:
County, City. State, Zip
Congressional District
DCF Contract #
Enter county govemment,Clty or tOwnShip, nonprofit WIth 501(c )(3). for-profit organization,
small business, or other.
The cumulative amount of cash disbursed to the grantee/subgrantee as of the reporting
period end date,
The anticipated total amount of cash to be disbursed to the subgrantee by the exprration date
of the subcontract (2009 and 2010 allocation).
Subgrantee Type
SubContract Amount Disbursed
Subcontract Value (Ultimate contract award)
Date DCF Signed Grant Agreemenl
Principal Performance Localion
Address:
County, City, State, Zip
Congressional District
Area of Benefit Served (counties served)
Countlf ",
Amount Allocated 2009-10
Total
$0.00
Contact Information
Name & Title of Person Completing Report
Phone Number of Person Completing Report
Fax Number
Emall Address
Authorizing Information
- Name of Authorized SubGrantee Official
. Hie IPosition
Project Information
COC Number
. Program Identifier
VENDORINFORMAi10N'''';'~::' >~~~
~
Duns or Hdqtr
Vendor Name Zlocode Product or Service Descrlotlon Payment Amount
NuMBERS SER"eOluNDupLtc;A TEDCOUNTSl
TOTAL PERSONS SERVED I
Homeless Prevention Rapid Re-Housinq Tolal !
!
Persons Persons Pe~sons
Q I GTD Q I GID Q I GTD
Total Served I i I
12/01;2009
Irserced
Page 27
03/01/2010
KFZ28
Inserted
Attachment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
SubGrantee Name' (as on contract)
TOTAL HOUSEHOLDS SERVED .
Homeless Prevention Raoid Re-Housinq Total
Households Households Households
Q r GTD Q I GTD Q 1 GTD
Total Served , I I
I ENTER # OF PERSONS SERVED BY SERVICE PROVIDED
Homeless Prevention Raoid Re-Housing Total
Persons Persons Persons
I ELIGIBLE SERVICE ACTIVITIES Q GTD Q GTD Q GTD
Financial Assistance
Rental
Short-term Rental Assistance
Medium-term Rental Assistance
I Total Rental Assistance 0 0 0 0 0 0
Deposits
Security Deposit
Utilitv Deposit
I Total Deposit Assistance 0 0 0 0 0 0
Other Financial Assistance
Utility Payments
Moving Costs
Motel/Hotel vouchers
!rotal Served by Financial Assistance
,
Housina Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
I~otal Served by Housmg Relocation &
Stabilization Services
I ENTER # OF HOUSEHOL.DS SERVED BY SERVICE PFWVIDED
Homeless Prevention Rapid Re-Housina Total
Households Households Households
!ELlGIBLE SERVICE ACTIVITIES Q GTD Q GTD Q GTD
Financial Assistance
Rental
Short-term Rental Assistance
Medium-term Rental Assistance
I Total Rental Assistance 0 0 0 0 0 0
Deposits
Security Deposit
Utility Deposit
I Total Deposit Assistance 0 0 0 0 0 0
Other Financial Assistance
Utility Payments
Moving Costs
Motel/ Hotel vouchers
ITotal Served bv Financial Assistance
Housina Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
I~otal Served by Housmg Relocation 6< I
Stabilization Services
12/01/2009
Inserted
Page 28
03101/2010
KFZ28
Inserted
Attachment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
SubGrantee Name: (as on contract)
ENTER PROJECTED NUMBER OF PERSONS TO BE SERVED BY SERVICE PROVIDED (ENTIRE GRANT PERIOD 2009-2011\
Homeless Prevention Raoid Re-Housina Total
IELlGIBLE SERVICE ACTIVITIES Persons Households Persons Households Persons Households
Financial Assistance
Rental
Short.term Rental Assistance
Medium-term Rental Assistance
Total Rental Assistance 0 0 0 0 0 0
Deposits
Security Deposit
Utility Deposit
I Total Deposit Assistance 0 0 0 0 0 0
Other Financial Assistance
Utility Payments
Moving Costs
Motel I Hotel vouchers
ITolal SArv..d by Financial Assistance
Housino Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
ITotal Served by HouSing Relocation &
Stabillulion Services
TOTAL TO BE SERVED
H
o
fP
S
I
d
ousmQ otcomes 0 arsons arva
Only those completely exited from the program I Homeless Prevention Rapid Re-housina
Destination I Quarter I GTD Quarter I GTD
I # I # # I #
Permanent Destinations
I{such as SHP, S+C, or SRO Mod Rehab)
Rental by client, no housing subsidy
Rental by client, VASH housing subsidy
Rental by client, other (non-VASH) housing subsidy
Owned bv client, no housina subsidY
Owned by client, with housina subsidv
Stavina or livino with family. permanent tenure
Stayinq or livino with friend. oermanent tenure
Total Persons Leaving for Permanent Destinations 0 0 0 0
Temoorarv Destinations
Emeroencv shelter, includina hotel or motel naid for with
Transitional housino for homeless oersons (includino homeless
Stavino or livino with familv, temoorarv tenure
Stavmo or livino with friend, temoorarv tenure
Hotel or motel paid for without emeraencv shelter voucher
Place not meant for human habitation
Safe Haven
Total Persons Leavinq for Temporary Destinations 0 0 0 0
Institutional Destinations
Psvchlatnc hosoltai or other psvchlatnc facilltv
Sucstance abuse treatment factlitv or detox center
HOSPital ,non-csvchiatnc" 1
Jail. Prison or juvenile detention facllitV
Foster care nome or foster care orouo home
,Total Persons Leaving for Institutional Destinations 0 0 01 I)
, Miscellaneous I
IOther ;
Deceaseo i i
12/01/2009
Inserted
Page 29
03101/2010
KFZ28
Inserted
Attachment F
. '
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
SubGrantee Name: (as on contract)
Don't know I refused
Missina this information
Total for Miscellaneous 0 0 0 0
TOTAL PERSONS WHO LEFT THE PROGRAM 0 0 0 0
BUDGET'.ANDi:XPE'NDITURES~'
-,- ,'^---'--- -,- " -
HOMELESS PREVENTION AND RAPIDRE-HOUSING EXPENDITURES BY ELIGIBLE ACTIVITY
Homeless Prevention Rapid Re-Housing Total
ELIGIBLE ACTIVITIES: Quarter GTD Quarter GTD Quarter GTD
Financial Assistance $0.00 50.00
Housing Relocation & Stabilization $0.00 50.00
Data Collection & Evaluation -- --- :....---
Administration -- -- --
TOTAL $0 SO $0 $0 $0 $0
HOMELESS PREVENTION AND RAPID RE.HOUSING EXPENDITURES BY ELIGIBLE SERVICE ACTIVITIES
Homeless Prevention Rapid Re-Housina Total
Quarter GTD Quarter GTD Quarter GTD
ELIGIBLE SERVICE ACTIVITIES:
Financial Assistance
Rental:
Short-tenn
Medium-lenn
Utilities:
Deposits
Payments
Security deposits
Moving Costs
Motel/Hotel vouchers
TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Housina Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
TOTAL $0.00 $0.00 $0.00 $0.00 SO.OO $0.00
NEwJoas'.cRI;ATe[i&aEfAtNED (CUMUtA'rIVE)
Jobs created means those new positions created and filled, or previously existing unfilled positions that are filled, as a result of Recovery Act funding.
Jobs retained means those previously existing filled positions that are retained as result of Recovery Act Funding.
Note: Continue to list the names of employees even if they have been terminated or replaced.
# of Hours Job Created or
Name of Emplovee Position Title Worked in atr Retained?
I
12/01/2009
Inser;ed
Page 30
0310112010
KFZ28
Inserted
Attachment F
Florida Department of Children and Families. Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
SubGrantee Name: (as on contract)
D~S~~SlQt!;@~~!iQ~~;72ft,r~i
Jobs Created/Retained
Provide a brief description of the types of jobs created or retained and impact on workforce.
Homeless Prevention Targeting
In addition to the HPRP eligibility requirements, are there other risk factors that will be used to determine eligibility and/or prioritization for Homeless
Prevention Assistance? If yes, identify the criteria to be used and provide a brief description and rationale, including how the criteria will be used (e.g., if
limited to only certain types of HPRP assistance or applied across all subgrantees and types of assistance, etc.) and the basis on which they were chosen.
YEsl
I
Nol
I
HMIS
[Will beneficiary data be entered (or uploaded at least quarterly) into a single HMIS in order to generate unduplicated data. If yes, briefly describe the HMIS to
be used and the plan to ensure data quality (completeness and quality). If no, briefly describe the HMIS(s) that will be used by one or more subgrantees and
the plan to ensure data quality.
YES NO
12/01/2009
Inserted
Page 31
03/01/2010
KFZ28
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
09116/2009
Division: County Administrator
Bulk Item: Yes X
No
Department: Social Services
Staff Contact Person: Sheryl Graham x4592
AGENDA ITEM WORDING: Approval of the Homeless Prevention and Rapid Re-Housing Grant
Agreement (HPRP) grant # KFZ28 between Monroe County Board of County Commissioners
(Community Services/Social Services) and the State of Florida, Department of Children and Families,
through the State Office on Homelessness for the provision of funds to provide homeless prevention
assistance to households who would otherwise become homeless, and to provide assistance to rapidly
re-house persons who are homeless.
ITEM BACKGROUND: The Proposal for Homeless Prevention Funds submitted and dated 4/2/09.
Please refer to attached Proposal.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $257,007.00
BUDGETED: Yes ----.K... No
COST TO COUNTY: $0
SOURCE OF FUNDS: Grant funds
REVENUE PRODUCING: Yes N/ A No AMOUNT PER: MONTH: YEAR:
APPROVED BY: County Atty. fO~Sing _ Risk Management __
I
DOCUMENTATION:
Included
Not Required_
To Follow X
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Department of Children &
Families
CONTRACT SUMMARY
Contract:
KFZ28
Effective Date:
Expiration Date:
10-01-2009
6-30-11
Contract Purpose/Description: Approval of the Homeless Prevention and Rapid Re-Housing Grant
Agreement (HPRP) between Monroe County Board of County Commissioners (Community
Services/Social Services) and the State of Florida, Department of Children and Families through the
State Office on Homelessness for the provision of funds to provide homeless prevention assistance to
households who would otherwise become homeless, and to provide assistance to rapidly re-house
persons who are homeless. Total awarded funds of$257,007.00
Contract Manager:
Sheryl Graham
(Name)
For BOCC meeting on
9/16/2009
4592
(Ext.)
Social Services/Stop 1
(Department/Stop #)
Agenda Deadline:
9/1/2009
Total Dollar Value of Contract: approx. $257,007.00
CONTRACT COSTS
Budgeted? Yes X No
County Match: -0-
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar vallie above)
Division Director
Date In
9-1- 0 9
831-eK
i\31\t'1
~}~'\ 10'\
Risk Management
T(L
O.M.B.lPurchasing
County Attorney
Comments:
Account Codes:
/yr
Current Year Portion:
ADDITIONAL COSTS
For:
(e,g, Maintenance, lItilitJes, janitorial, salaries, etc)
CONTRACT REVIEW
Changes
::~
Yes N
Yes Q
Date Out
qj;;&
?O/-q;
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
HOMELESS PREVENTION and RAPID RE-HOUSING
GRANT AGREEMENT
Monroe County B.O.c.c.
and
State of Florida
Department of Children and Families
WHEREAS, the American Recovery and Reinvestment Act of 2009 created the Homeless
Prevention and Rapid Re-Housing Program [CFDA 14.257], and
WHEREAS, the U.S. Department of Housing and Urban Development has awarded the State of
Florida a grant in the amount of$21,507,109, and
WHEREAS, the U.S. Department of Housing and Urban Development has issued the Notice of
the regulations governing the Homeless Prevention and Rapid Re-Housing Program on March
19,2009, and . .
WHEREAS, the Department of Children and Families, through the Office on Homelessness, has
been designated to administer this federal grant for the State of Florida, and
\VHEREAS, the Department has filed with the U.S. Department of Housing and Urban
Development the appropriate grant application documents in the form of a Substantial
Amendment to the State's 2008 Annual Action Plan, and
WHEREAS, the Department has received and executed the Homeless Prevention and Rapid Re-
Housing Program grant agreement dated July 15, 2009, and
WHEREAS, the Florida Legislature has authorized the Department to accept this grant, and
administer these federal funds as a grant in aid program in conformance with all federal
regulations, and
WHEREAS, the Department finds that there is a need to provide the services described in the
grantee's program plan for the Homeless Prevention and Rapid Re-Housing (HPRP) grant,
NOW, THEREFORE, The Department hereby aW3I"ds the sum of $257.007.00 Dollars to
Grantee under the following terms and conditions:
1. The purpose of the Homeless Prevention and Rapid Re-Housing Program is to provide
homeless prevention assistance to households who would otherwise become homeless, and to
provide assistance to rapidly re-house persons who are homeless. These grant resources are
intended to be targeted and prioritized to serve households that are most in need of the allowable
temporary housing assistance, and who are most likely to achieve housing stability following the
conclusion of the HPRP assistance.
GRAt"iT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
2. The HPRP program plan filed with the Department by the Grantee is incorporated as
Attachment A and on file in the grant file of record. The Department's Substantial Amendment
document, upon which that program plan is based, is also incorporated herein by reference as if
fully set out here and is on file in the grant file of record. The Grantee hereby agrees to perform
the tasks and to provide the services described in the program plan contained in Attachment A.
3. In addition to the grant amount reflected on page I of this Grant Agreement, the Department
makes a conditional allocation of HPRP funds to the Grantee in the sum of $ 171,388.00. The
Grantee shall not have the authority to obligate or expend these additional grant funds until the
following conditions are met.
(a) The Department receives budget authority to expend these additional grant funds from the
Florida Legislature.
(b) The Grantee demonstrates to the satisfaction of the Department that the Grantee has
successfully performed under this Grant Agreement. This shall include but not be limited to
attaining the spending goals set forth in paragraph 13, and then submitting the required
reports in a complete and timely manner.
(c) The Grantee submits written evidence of the need in the area served by the Grantee which
cannot be met with the funding provided to the Grantee, as reflected on page 1 of the Grant
Agreement. Such evidence shall be based on actual participant eligibility determined by the
Grantee in accordance with the program regulations issued on March 19,2009.
(d) The Grantee submits a revised program budget to properly reflect the proposed spending by
eligible grant activities for the sum of the additional grant allocation.
(e) The Grantee receives written authorization from the Department to expend the additional
grant allocation, or specified sum thereof, effective on a date specified in the written
authorization.
The Department reserves the right to reallocate the additional HPRP grant funding specified in
this article to other communities based on the Department's assessment of the needs documented
statewide, and determination of the areas of greatest need for the HPRP funding.
4. The Grantee shall be required to collect and enter data on all HPRP participants assisted by
the HPRP grant in the local homeless management information system for the continuum of care.
Grantee further agrees that it will use due diligence to assure that funds are expended for the
purposes intended and that a full accounting for these grant funds is made.
5. Where there is a conflict between the HPRP program plan incorporated herein and this
Homeless Prevention and Rapid Re-Housing Grant Agreement, this Homeless Prevention and
Rapid Re-Housing Grant Agreement shall prevail.
2
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
6. In accordance with sections 11.062 and 216.347, Florida Statutes, no funds provided by this
grant may be expended for the purpose of lobbying the Legislature, the judicial branch, or a state
agency.
7. This Homeless Prevention and Rapid Re-Housing Grant Agreement is executed and entered
into in the State of Florida, and shall be construed, performed, and enforced in all respects in
accordance with the applicable State of Florida and Federal laws. Each party shall perform its
obligations herein in accordance with the terms and conditions of this grant agreement. It is
hereby agreed by the parties that in the event that litigation by either party to this grant agreement
becomes necessary that venue shall be proper in Leon County, Florida.
8. Grantee agrees to maintain complete, accurate and adequate records, including financial
records, relating to funds received pursuant to this Homeless Prevention and Rapid Re-Housing
Grant Agreement and of all expenditures made by Grantee with grant funds. The Grantee will
comply with all audit and record keeping requirements specified by the Department and the U.S.
Department of Housing and Urban Development. All records shall be in sufficient detail to
permit a proper pre audit and a post audit of all expenditures.
9. Grantee agrees to provide a financial and compliance audit to the Department as specified in
this Homeless Prevention and Rapid Re-Housing Grant Agreement and in Attachment B and to
ensure that all related party transactions are disclosed to the auditor. This grant is subject to the
Florida and the Federal Single Audit Act requirements beginning in the year ending June 30,
2009 and thereafter.
10. Grantee agrees to retain all financial records, supporting documents, statistical records and
any other documents, whether kept by electronic storage media or otherwise, pertinent to this
Homeless Prevention and Rapid Re-Housing Grant Agreement for a period of not less than six
(6) years after the starting date of this Homeless Prevention and Rapid Re-Housing Grant
Agreement, or if audit findings have not been resolved at the end of the six (6) year period, the
records shall be retained until resolution of the audit findings. State auditors and any persons duly
authorized by the Department shall have full access to, and shall have the right to examine any of
the said materials at any time during regular business hours.
11. Local government Grantees agree to comply with 24 CFR 85.36(b)(3), and non-profit
Grantees agree to comply with 24 CFR 84.42 with respect to the procurement of services,
equipment, supplies or other property. With respect to all other decisions involving the use of
the HPRP funds, the following restriction shall apply: No person who is an employee, agent,
consultant, officer, or elected or appointed official of the Grantee, and who exercises or has
exercised any functions or responsibilities with respect to assisted activities, or who is in a
position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a personal or fmancial interest or benefit from the activity, or have
any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there
under, either for himself or herself or those with whom he or she has family or business ties,
during his or her tenure or for one year thereafter.
3
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
12. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs
and attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee,
and its agents, sub-grantees and employees, during performance pursuant to this Homeless
Prevention and Rapid Re-Housing Grant Agreement. Further, the Grantee agrees to indemnify
the Department against all claims, suits, judgments, or damages, including court costs and
attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee, and its
agents, sub-grantees, and employees, during performance pursuant to this Homeless Prevention
and Rapid Re-Housing Grant Agreement. (NOTE: This paragraph is not applicable between
state agencies or subdivisions, as defined in subsection 768.28(2), Florida Statutes)
13. Grantees receiving awards from the Department in 2009 shall expend fifty percent (50%) of
the grant funds awarded by June 30, 2010 on eligible program costs. The Department reserves
the right to amend the grant agreement to recapture grant funds in the event that the Grantee fails
to achieve the spending target, and fails to provide sufficient explanations and correction action
plans to the Department. Should the Department exercise its option to recapture grant funds, any
eligible expense obligated shall be retained by the Grantee for expenditure. Further, the
Department requires the Grantee to achieve an expenditure goal of completely expending the
grant on eligible costs by June 30, 2011. The Department may extend this spending deadline
upon receipt of a written request from the Grantee, explaining the need for additional time, and a
detailed plan to complete the expenditure of the grant.
14. As required by section 286.25, Florida Statutes, if the Grantee is a non-governmental
organization which sponsors a program financed wholly or in part by state funds, including any
funds obtained through this Grant Agreement, it shall, in publicizing, advertising, or describing
the sponsorship of the program, state: "Sponsored by (insert Grantee's name) and the State of
Florida, Department of Children and Families," If the sponsorship reference is in written
material, the words "State of Florida, Department of Children and Families" shall appear in the
same size letters or type as the name of the organization.
15. Grantee shall not use or disclose any information concerning a recipient of services under this
Homeless Prevention and Rapid Re-Housing Grant Agreement for any purpose prohibited by
state or federal law or regulations issued by the U.S, Department of Housing and Urban
Development on March 19,2009, and as may be subsequently amended (except with the written
consent of a person legally authorized to give that consent or when authorized by law).
16. The Grantee shall permit Department personnel or representatives to monitor the services
which are the subject of this Homeless Prevention and Rapid Re-Housing Grant Agreement. In
addition, the Grantee shall permit access to all duly authorized representatives of the U.S.
Department and Housing Urban Development, the Government Accounting Office, the Florida
Auditor General and other agencies charged to ensure full accounting of the grant funds to all
records and files related to the HPRP grant program.
17. Grantee agrees to allow public access to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in
conjunction with this Homeless Prevention and Rapid Rc-Housing Grant Agreement.
4
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
18. The release of funds shall be in accordance with availability and release of funds by the
Department and shall be in conformance with the drawdown schedule submitted by the Grantee
in their HPRP program plan and as outlined in Attachment C. The Grantee shall prepare and
submit a request for the drawdown of funds on the Grantee's stationary, in a format that is
acceptable to the Department. The Department will provide the funds within forty (40) days of
the receipt of the request for release of funds. The State of Florida's performance and obligation
to pay under this Homeless Prevention and Rapid Re-Housing Grant Agreement is contingent
upon an annual appropriation by the Legislature and the receipt of the grant funds from the
federal government.
19. Any notice, that is required under this Homeless Prevention and Rapid Re-Housing Grant
Agreement shall be in writing, and sent by hand delivery, U.S. Postal Service Certified mail,
return receipt requested, or any expedited delivery service that provides verification of delivery.
Said notice shall be sent to the representative of the Grantee responsible for administration at the
designated address contained in this Homeless Prevention and Rapid Re-Housing Grant
Agreement.
20. This Homeless Prevention and Rapid Re-Housing Grant Agreement shall be effective on
September 30, 2009, or on the date on which the Homeless Prevention Rapid Re-Housing Grant
Agreement has been signed by both parties, whichever is later. It shall end at midnight, local time
in Tallahassee, Florida, on June 30, 2011, or upon completion of the project, whichever occurs
first. The expiration date may only be changed by written amendment to this Grant Agreement.
The Grant Agreement may be terminated prior to the expiration date only upon written
agreement of the parties.
21. In the event funds for payment pursuant to this Homeless Prevention and Rapid Re-Housing
Grant Agreement become unavailable, the Department may terminate this Homeless Prevention
and Rapid Re-Housing Grant Agreement upon no less than twenty-four (24) hours notice in
writing to the Grantee. Said notice shall be delivered by hand delivery, U.S. Postal Service, or
any expedited delivery service that provides verification of delivery. The Department shall be the
final authority as to the availability and adequacy of state funds. In the event of termination of
this Homeless Prevention and Rapid Re-Housing Grant Agreement, the Grantee will be
compensated for any work satisfactorily completed.
22. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant to
the terms and conditions of this Homeless Prevention and Rapid Re-Housing Grant Agreement
that were disbursed to the Grantee by the Department. In the event that the Grantee or its
independent auditor discovers that an overpayment has been made, the Grantee shall repay said
overpayment immediately without prior notification from the Department. In the event that the
Department first discovers an overpayment has been made, the grant manager, on behalf of the
Department, will notifY the Grantee by letter of such findings. Should repayment not be made
immediately, the Grantee will be charged at the lawful rate of interest on the outstanding balance
after Department notification or Grantee discovery.
5
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
23. The Grantee shall report client-level data, such as the number of persons served and their
demographic characteristics, in the homeless management information system within their
respective continuum of care planning area, as required by the Department of Hdusing and Urban
Development. Further, the Grantee shall submit quarterly reports to the Department, using the
form provided by the Department Grant Manager. The quarterly report shall be received by the
Department within five calendar days following the end of the grant quarter (March 30, June 30,
September 30, and December 31). At a minimum, the Grantee shall report the following: the
total amount of HPRP funds received from the Department; the amounts ;of HPRP funds
allocated for the four eligible HPRP activity categories (financial assistance, services, data
collection and administration); the amount expended for each of the abov~ categories; the
estimated number of unduplicated individuals and families served; and the numbers of new jobs
created and jobs retained. Finally, an annual performance report, using the form provided by the
Department Grant Manager, is due to the Department by November 1 of each year. This report
shall at a minimum contain the following: the number of persons served and ~he demographic
characteristics of the persons served; the total HPRP funds expended by activity type; the
numbers of jobs created and jobs retained; and the outcomes achieved related to housing
stability, as defined by the U.S. Department of Housing and Urban Development. Failure to file
the required reports in a timely fashion shall be cause for the Department to suspend funding to
the Grantee, until corrective actions have been taken.
24. Any modification of provisions of this Homeless Prevention and Rapid Re-Housing Grant
Agreement shall be approved by the Department. Approval of any modification of provisions of
this grant shall occur only after receipt by the Department of a revised HPRP program plan.
Written approval of any such modifications shall be attached to the original of this Homeless
Prevention and Rapid Re-Housing Grant Agreement and a copy shall be sent to the Office on
Homelessness.
25. Official Name of Payee and Representatives:
A. The official Grantee name, as shown on page one (1) of this Homeless Prevention and
Rapid Re-Housing Grant Agreement and as listed in MyFlorida Market Place, and
mailing address as listed in MyFlorida Market Place, to whom the Department shall issue
payment is:
Monroe County B.O.C.C.
PO Box 1980
Key West, FL 33041
B. The name, address, telephone number, and email address of the grant managet for the Grantee
under this Homeless Prevention and Rapid Re-Housing Grant Agreement is:
Sheryl Graham
Monroe County Community Services
1100 Simonton Street. Suite 2-257
Key West, FL 33040
305-292-4510
Graham-shery I (Li\m onroecou ntv- fl. gOY
6
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
C. The name, address, telephone number, and email address of the grant manager for the
Department under this Homeless Prevention and Rapid Re-Housing Grant Agreement is:
Theresa Phelan
Department of Children and Families
1111 1th Street, #304
Key West, FL 33040
305-292-6810
Trixie yhelan@dcf.state.fl.us
26. This Homeless Prevention and Rapid Re-Housing Grant Agreement and its attachments and
any exhibits referenced in said attachments, together with any documents incorporated by
reference, contain all the terms and conditions agreed upon by the parties. There are no
provisions, terms, conditions, or obligations other than those contained herein, and this Homeless
Prevention and Rapid Re-Housing Grant Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written between the parties. If
any term or provision of this Homeless Prevention and Rapid Re-Housing Grant Agreement is
legally determined unlawful or unenforceable, the remainder of the Homeless Prevention and
Rapid Re-Housing Grant Agreement shall remain in full force and effect and such term or
provision shall be stricken.
27. The Grantee shall administer this federal grant in compliance with all applicable federal laws
and regulations. This certification includes fair housing in accordance with Section 808( e)( 5) of
the Fair Housing Act; equal opportunity requirements in 24 CFR 5.l05(a); lead based paint
requirements in the Lead Based Paint Poisoning Prevention Act; uniform federal administrative
requirements in 24 CFR Part 85 or Part 84; lobbying and disclosure requirements in 24 CFR Part
87; drug-free workplace requirements in 24 CFR Part 21; and procurement of recovered
materials in accordance with Section 6002 of the Solid Waste Disposal Act. The March 19, 2009
Notice issued by the U.S. Department of Housing and Urban Development specifies these
requirements. The Grantee shall execute the general grant certifications for the HPRP, as outlined
in Attachment D. If this agreement contains $10,000 or more of federal funds, the Grantee shall
comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive
Order 11375, and others, and as implemented by regulations issued by the U.S. Department of
Housing and Urban Development.
28. The Grantee shall comply with and incorporate into any subgrant agreement provisions
related to Whistleblower protection, as specified in Section 1553 of the American Recovery and
Reinvestment Act of 2009. The Grantee shall post notice of employee rights and remedies for
whistle blower protections provided under Section 1553 of the Recovery Act.
29. Continuous adequate insurance coverage shall be maintained by the Grantee during the
existence of this agreement and any renewal(s) and extension(s) of it. By execution of this Grant
Agreement, unless the Grantee is a state agency or subdivision as defined by subsection
768.28(2), F.S., the Grantee accepts full responsibility for identifYing and determining the type(s)
and extent of liability insurance necessary to provide reasonable financial protections for the
Grantee and the participants to be served under this Grant Agreement. The limits of coverage
7
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
under each policy maintained by the Grantee do not limit the Grantee's liability and obligations
under this Grant Agreement. Upon execution of this agreement, the Grantee shall furnish the
Department 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 reserves the right to require
additional insurance as specified in the Grant Agreement.
30. The Grantee agrees to be responsible for the proper care and custody of all property
purchased with grant funds and agrees not to sell, transfer, encumber, or otherwise dispose of
property acquired with grant funds without the written permission of the Department. If the
Grantee is no longer a recipient, all property acquired by grant funds shall be returned to the
Department immediately upon either termination or completion of the grant. The Grantee further
agrees to comply with all provisions of the Department's operating procedures pertaining to the
use and purchase of property with grant funds. These operating procedures can be found at the
following internet link: http://www.dcf.state.f1.us/publications/policies.shtml
31. The Grantee shall, where applicable, comply with the Health Insurance Portability and
Accountability Act (42 U.S.c. 1320d.) as well as all regulations promulgated there under (45
CFR Parts 160, 162 and 164).
32. This Agreement may be terminated by the Department for any reason upon five (5) days
written notice via certified mail. In the event this Agreement is terminated, the Grantee shall
deliver all supplies, equipment and property purchased with grant funds to the Department,
within 30 days after termination. Any finished or unfinished documents, data, correspondence,
reports, and other products prepared by or for the Grantee under this Agreement shall be made
available to and for the exclusive use of the Department. Notwithstanding the above, the Grantee
shall not be relieved of liability to the Department for damages sustained by the Department by
virtue of any termination or breach of this Agreement by the Grantee. In the event this
Agreement is terminated, the Grantee shall be reimbursed for satisfactorily performed and
documented services provided through the effective date of termination.
33. Modifications of any kind, to any provision of this Agreement must be mutually agreed upon
by all parties, and requires a written amendment to this Agreement.
34. The Grantee agrees to comply with the mandatory reporting requirements to the
Department's Office of Inspector General, as described in the Department's Operating Procedure
CFOP 180-4 as contained in Attachment E.
8
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOlVlELESSNESS
IN WITNESS THEREOF, the parties hereto have executed this 26 page Homeless Prevention
and Rapid Re-Housing Grant Agreement by their undersigned officials as duly authorized.
GRANTEE: Monroe County B.O.C.C.
Georl!e R. Neul!ent
Mavor
Date:
Grantee Federal EID #: 59-600749
Grantee DUNS #: 037876757
Grantee Central Contractor Registration (CCR) #: 3CIZ4
Grantee Fiscal Year Ending Date: 09/30
***************************************************
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Signed By:
Name:
Gilda P. Ferradaz
Title:
Circuit Administrator
Date:
Attachmen~s to Grant Agreement
A. Grantee's HPRP program plan, as filed with the Departm nt
B. Financial and compliance audit requirements
C. Request for Release of Funds
D. Homeless Prevention and Rapid Re-Housing Program grant certifications
E. Operating Procedure CFOP 180-4, Mandatory Reporting Requirements to Office of
Inspector General.
.t~...,
Date
9
GRANT # KFZ28
06/05/2009
THE STATE OFFICE ON HOMELESSNESS
IN WITNESS THEREOF, the parties hereto have executed this 26 page Homeless Prevention
and Rapid Re-Housing Grant Agreement by their undersigned officials as duly authorized.
GRANTEE: Monroe County RO.C.C.
Signed By:
Name:
Geon!e R. Neu2ent
Title:
Mavor
Date:
Grantee Federal EID #: 59-600749
Grantee DUNS #: 037876757
Grantee Central Contractor Registration (CCR) #: 3C1Z4
Grantee Fiscal Year Ending Date: 09/30
***************************************************
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Signed By:
Name:
Gilda P. Ferradaz
Title:
Circuit Administrator
Date:
Attachments to Grant Agreement
A. Grantee's HPRP program plan, as filed with the Departmen
R Financial and compliance audit requirements
C. Request for Release of Funds
D. Homeless Prevention and Rapid Re-Housing Program grant certifications
E. Operating Procedure CFOP 180-4, Mandatory Reporting Requirements to Office of
Inspector General.
Date
9
GRA1~T # KFZ28
. '.
-'.-'--' ~.'
SOUTHERNMOST HOMELESS ASSISTANCE LEAGUE
RECOMMENDATION FOR DISTRIBUTION OF HOMELESS
PREVENTION FUNDS FOR MONROE COUNTY
Attachment A
Monroe County Social Services
Mailing Address Physical Location where Services Provided
Street:1100 Simonton Street. 2-257 1100 Simonton Street, 1- Floor. Key West. FL
City: Key West 490 63"' Street Ocean, Marathon, FL
State~ Florida, 88820 Overseas Hwy, MM 88.8, Tavernier, Fl
Zip Code:33040
Executive Director's Name: Roman Gastesi. County Administrator
Phone Number: 305-292-4441 Fax: 305-292-4544
Email: gastes;-roman@monroecounty-lI.gov
Primary Project Contact: Sheryl Graham
Phone Number. 305-292-4510 Fax: 305-295-4359
Email: graham-sheryJ@monroecounty-fl.gov
Agency Website: www.monroecountv-fl.Qov
The RFP was posted in the county newspaper and on the SHAL website. By the final
due date, one organization had submitted a proposal The proposal was reviewed by
members of tile SHAt Review Panel and members of the SHAL Oversight Committee.
The recommendation of Monroe County Sociar Services as distributor of the homeless
prevention funds was approved by the Board of Directors on April 7, 2009.
. B. EXPERIENCE AND CAPACITY OF AGENCY TO IMMEDIATELY IMPLEMENT THE
PREVENTION FUNDS
Monroe County SOCial Services (MeSS) is a Department within Monroe County
Govemment. MeSS operates under the full faith and credit of the Board of County
Commissioners (BOCC), which was established in 1823. Mess programs have been
providing case management as well as coordinating and delivering core services for
citizens countywide for more than 40 years. MeSS has existing govemmentcentelS in the
Upper, Middle and Lower Keys. These 3 locations are staffed with experienced, seasoned
case managers that are currentfy providing an array of services to citiZens countywide.
MeSS has, for more than 25 years, administered and case managed the Community Care
for the Elderly (CCE) program, the Home Care for the Efderfy (HCf), the Aged and
Disabled Adult (ADA) Medicaid Waiver, and the Older Americans Act (OM) programs.
These programs provide homemaking. personal care. respite, home-delivered meals and
congregate meals for elderly and/or severely disabled individuals.
MesS currently provides all services and administrative support for the Low Income Home
Energy Assistance Program (lIHEAP). MCSS also provides al eligibility detennination
services for the Emergency Home Energy Assistance for the Elderly Program (EHEAP).
Both LfHEAP and EHEAP funds are used 10 ensure that ilcome efagible citizens are not
negatively impacted by rising energy costs. UHEAP and ~!iEAP funds are used solely to
pay for energy bills for low income clients. Mess also provides transportation services
throughout Monroe County via our Monroe County Transit (MeT). This transportation
service is available to all citizens of Monroe County, regardless of their income or eigibility.
In addition to the aforementioned services, other eligibility-based services are routinely
lC
KFZ28
provided to the community on an ongoing basis such as: purchasing prescription drugs for
those who cannot afford to do so; emergency food money in the form of grocery store gift
cards; pauper burials for low-income, homeless. or unclaimed individuals: personal care
items; and/or other emergency related supplies.
Prior to the budgetary restrictions imposed on County General Fund spending in 2008,
MeSS was the primary provider in the County of emergency shetter and emergency utility
services. Any person at risk of homefessness due to their rent or utilities not being paid
could receive up to 12 months of rental assistance and/or utility payments (electricity,
water, or gas). Care was taken to ensure that grant funding (LlHEAP or EHEAP) was used
first, if the client was eligible, and that no services were duplicated. During the time rental
assistance was provided, case management staff would closely monitor the client and his
or her progress to ensure that they were reaching their goal of self-sufficiency.
Since Mess has extensive experience providing and managing a rental assistance
program, implementation would be immediate.
A partnership and close working relationship with the local Workforce Board (One Stop
Career Center) is a'ready in place.
C. DETAILED BUDGET - SEE ATTACHED.
Award Amount: $257,007.47
D. REQUESTED DRAW DOWN SCHEDULE
MCSS requests a draw down of 60% of the funds in the first year and 40% of the funds
in the second year. The first year requested draw down schedule would be as follows:
$38,551.12 per quarter for a totaJ of $154,204.48 in the first year. The second year
draw down schedule would be as follows: $25,700.75 per quarter for a total of
$102,802.99 in the second year.
E. MAXfMUM ASSISTANCE LEVEL PER HOUSEHOLD
Maximum funding assistance I household for homeless prevention: $2,000
# of Persons proposed to be served during the project: 125
F. CASE MANAGEMENT PROCESS TO BE USED TO DETERMINE THE AMOUNT
OF ASSISTANCE TO BE MADE AVAILABLE TO THE HOUSEHOLD
Currently, MCSS employs five full time case managers. These case managers would
begin to immediately serve clients using 'these funds. Depending upon the volume of
clients, MeSS would likely hire another case manager.
G. DOLLARS ALLOCATED WILL BE ALLOCATED ONLY IN MONROE COUNTY
Monroe County Social Services only serves people who are resident within the County.
-1.1
-
--. ~-,...
H. PROCESS TO REPORT ON THE NUMBER OF HOUSEHOlDS ASSISTED WHO
WERE PREVENTED FROM BECOMING HOMELESS
Case management support is crucial to the success of this program. Regular and
routine follow up of clients is required to ensure client success, self-sufficiency and to
ensure they are following their case plan in order to not become homeless. Clients will
be met with on no less than a monthly schedule. If a client needs to be seen more
often than monthly, that schedule wiU be established and followed.
I. CERTIFICATION OF HOW THE AGENCY/CONTINUUM OF CARE WILL ENSURE
THAT ALL CUENTS ASSISTED ARE ENTERED INTO THE EXISTING HM1S
SYSTEM
Currently MCSS does not use the HMIS but will corrmence to do so upon receipt 'of the
homeless prevention funds. As has been the practice with previous prevention flmds, case
managers review the cases monthly and ensure the database is up to date with the status
of all clients. The HMIS database will also be reviewed by the SHAL HMIS Speciatist on a
monthly basis.
J. DETAIL THE LOCAL EDUCTION AND OUTREACH EFFORTS TO COMMUNICATE
WITH THOSE HOUSEHOLDS AT RISK OF LOSING THEIR HOME OR APARTMENT
Information about the funding will be shared at Older Americans Advisory Board
(OAAB) meetings, at AARP meetings, Wlth the utility companies, and in press releases.
Clients can the County frequently asking about the availabirtty of funding for
shelterAlousing and utility assistance. MeSS is well-known in the community as a
provider of emergency hoUSing funds and utility funds and it is anticipated that many
referrals will come from the community.
K. SET FORTH THE CRITERIA TO BE USED TO DETERMINE WHICH
HOUSEHOLDS ARE ELIGIBLE FOR AID, AND WHICH-ONES WILL BE SELECTED
FOR ASSISTANCE
Clients are currently assessed using established eligibility tools. These tools will continue
to be used to ensure eligibility and to ensure that no duplication of services occurs. Current
poverty level tables are used as part of the eligibility determination in all of cases. AI
programs require that clients meet 150% of the poverty limit as established by the annual
Federal Poverty Guidelines.
Clients are familiar with the three locations throughout the Keys and seek services on a
daily basis. Clients who are home-bound are seen by case managers during home visits.
Case management is provided to al dients, regardless of what services they seek. A
working ffle is opened and maintained for each client A central data base (EZ Track
tracking system) is used countywide to ensure there is no duplication of services.
Referrals to other agencies for other services are made to clients as part of the routine
case management and are tracked in EZ Track. Needs are assessed on a client by
client basis. Case management appointments are generally scheduled to last one hour
so time and care is taken with each client.
- l~
,...-
L. DESCRIBE HOW THE AGENCY AND THE CONTINUUM OF CARE WILL ENSURE
THAT PROGRAM PARnclPANTS ARE UNKED WITH EXISTING SERVICES
Exceptional case management is the critical element needed to link clients with existing
services and alternative services. The case management team is skiUed at ensuring that
clients get every applicable service they are capable of getting. As an example, clients are
assisted with public assistance applications, clients are referred to the One Stop Career
Centers. for assistance with unemployment compensation applications, and clients are
referred to SHINE for assistance with Medicaid or Social Security applications. These are
just a few examples of the links with community partners.
MeSS will address the issue of homelessness prevention by serving at least 125
households throughout the life of the project. These households wilt be served with the
aforementioned measures (i.e. case management, direct services, etc.). HMIS reporting
will allow far foUow up data and proof that the program has had a positive. neutral, or
negative effect on the lives of people who were at risk of homeJessness and were served
with these dollars during the grant period. Once a client outcome is achieved, follow up wiB
be conducted for three years to determine the overaH impact of the HPF program.
,,1":
.\..
Monroe County Social Services
Homeless Prevention Proaram
Eliaibility and Service Requirements
A.
1.
2.
3.
4,
5.
6.
7.
8.
Mandatory Eligibility Requirements:
Demonstrate risk of homelessness (Risk Factors for Homelessness) and provide associated
documentation
Demonstrate Income (FY2009 HUD Income Limits Summary) using "very low" 50% category
(i.e. proof of income from client; 3rd party verification; self-certification as a last resort)
Certify that there are no other housing options, resources or support options
(utilize Self-Declaration form and Intake form)
Re-evaluate income/financial documentation for clients who receive services beyond 3 months
Signed statement of certification of eligibility and appropriateness by staff (Intake form)
Name on lease and other documentation must be the same as the person requesting service
Rent reasonableness must be established (utilize Rent Reasonableness ChecklisQ
Habitability Inspection and lead-based paint inspection
(required for new leases, change of tenancy, and arrears payments)
B. Documentation in client tracking system (EZ Track, HMIS) and physical file
1. Eligibility criteria must support information on Intake form
2. Referrals to all organizations
3. All other sources of assistance
4. Estimated extent of Homeless Prevention assistance (include dollars and length of time in months
and/or payments)
5. All services offered to and/or received by client
6. Case plan for assistance payments
7. Case plan for future success and ability to pay after assistance ends
8. Exit Form (if exited)
C. Assistance Limits
1. Assistance to each household will be based on individual household needs
2, Assistance will be paid to a 3rd party only (Le. landlord, rental company, etc.)
3. Assistance may exceed $2000 per household when justified in writing in the file and approved by
Social Services Director (physical and electronic files)
4. Assistance will be provided long enough to resolve the client's crisis and increase possibility of
success and housing stabiHty (cannot exceed 18 months)
Ll~
Homeless Prevention Funds Budaet Summary Paae
Total grant allocation =$257,007.00
Agency: Monroe County Board of County Commissioners
DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL
Year One bud et=$154,204.00 /1/09"6/30/10
LINE ITEMS
A Financial Assistance-direct client assistance
(includes rental assistance and utility payments)
B. Case Management & Employment Skills
Full time-Case Manager (new hire)
( salary only)
C. Data collection and evaluation (HMIS entry)
Case manager Alde=20hrs per week,($16.60 per hr)
D. Adminstrative Cost
(includes office supplies, operating supplies, advertising,
rental and leases-Xerox copier, postage)
TOTALS:
TOTAL
EXPENSE
L1HEAP Monroe County
& other grants General Revenue
2,063,996.11' 117,291,55 1,406,704.56
540,000.00
22,792.97
22,792.97
o
o
10,358AO
o
o
3,761.08/
3,761,08
o
o
2,100,908.56 154,204.00 1,406,704.56 . . 540,000.00
DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL
Year Two bud et=$102,803.00 '/1/10-6/30/11
LINE ITEMS
A. Financial Assistance-direct client assistance
(includes rental assistance and utility payments)
B. Case Management & Employment Skills
Full time-Case Manager(new hire)
**( salary only)
C. Data collection and evaluation (HMIS entry)
Case manager Aide=20hrs per week($16.60 per hr)
D. Adminstrative Cost
(includes office supplies, operating supplies, advertising,
rental and leases-Xerox copier, postage)
TOTALS:
"'salary=level 8-case manager
Mess
LlHEAP Monroe County
& other grants General Revenue
TOTAL
EXPENSE
I
2,024,899.261 78,194,70 1,406,704.56
I
I
i
)
540,000.00
15,195.31/ 15,195.31
I
I
I
6,905.60 6,905.60
o
o
o
o
o
o
540,000.00
Total direct assistance - $195,486.25 = 76%
case management-$37,988.28 = 15% of total grant
administration- $6,268.47 = 2%
data entry - $17.264.00 = 7%
spending breakdown:
5/29/20092:14 PM
-1.E
ATTACHMENTB
The administration of resources awarded by the Department of Children & Families to the provider may be subject
to audits as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised., the department may monitor or conduct oversight reviews to evaluate compliance with contract,
management and programmatic requirements. Such monitoring or other oversight procedures may include, but not
be limited to, on-site visits by department staff, limited scope audits as defined by OMB Circular A-l33, as revised.,
or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any
monitoring procedures 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 regarding such audit. The recipient further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief
Financial Officer or the Auditor General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event the recipient expends $500,000 or more in Federal awards during 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.
In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department of Children & Families. The determination of
amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-l33,
as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB
Circular A-B3, as revised, will meet the requirements of this part. In connection with the above audit requirements,
the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A - 133, as revised.
The schedule of expenditures should disclose the expenditures by contract number for each contract with the
department in effect during the audit period. The financial statements should disclose whether or not the matching
requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be
fully disclosed in the audit report package with reference to the specific contract number.
Single Audit Infonnation for Recipients of Recovery Act Funds
(a) To maximize the transparency and accountability of funds authorized under the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with
2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A-
102 Common Rules provisions, recipients agree to maintain records that identifY adequately the source and
application of Recovery Act funds. OMB Circular A-102 is available at
http;llwww.whitehouse.gov/omb/circulars/aI02/al02.html.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-l33, "Audits of
States, Local Governments, and Non-Profit Organizations," recipients agree to separately identitY the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal
~1.f
KFZ28
Awards (SEFA)) and the Data Collection Form (SF-SAC) required by OMB Circular A-l33. OMB
Circular A-133 is available at http://www.whitehouse.gov/omb/circuIars/al33/al33.html.This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on
the SEFA, and as separate rows under Item 9 of Part ill on the SF-SAC by CFDA number, and inclusion of
the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the frrst characters
in Item 9D ofpart III on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient, and document at the time of sub- award and at
the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act
funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to
sub-recipients shall distinguish the sub-awards of incremental Recovery Act funds from regular sub-awards
under the existing program.
(d) Recipients agree to require their sub-recipients to include on their SEF A information to specifically identify
Recovery Act funding similar to the requirements for the recipient SEF A described above. This
information is needed to anow the recipient to properly monitor sub-recipient expenditure of ARRA funds
as well as oversight by the Federal awarding agencies, Office of Inspector General and the Government
Accountability Office.
PART II: STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event the recipient expends $500,000 or more in state fmancial assistance during its fiscal year, the recipient
must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In deteITIlining the state fmancial
assistance expended during its fiscal year, the recipient shall consider all sources of state fmancial assistance,
including state financial assistance received from the Department of Children & Families, other state agencies, and
other nonstate entities. State fmancial assistance does not include Federal direct or pass-through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission ofa financial
reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the
Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with the
department in effect during the audit period. The fmancial statements should disclose whether or not the matching
requirement was met for each applicable contract. An questioned costs and liabilities due the department shall be
fully disclosed in the audit report package with reference to the specific contract number.
PART III: REPORT SUBMISSION
Any reports, management letters, or other infOlmation required to be submitted to the department pursuant to this
agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the
recipient's receipt of the audit report, whichever occurs frrst, directly to each of the following unless otherwise
required by Florida Statutes:
A. Contract manager for this contract (2 copies)
Theresa Phelan
Department of Children and Families
1111 12th Street, #304
Key West, FL 33040
., ,...
, 1. ,
KFZ28
B. Department of Children & Families ( 1 electronic copy and management letter, if issued)
Office of the Inspector General
Audit Unit
Building 5, Room 237
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
Email address:singleaudit@)dcfstate.fl.us
C. 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 the Federal Audit Clearinghouse using the Federal Audit
Clearinghouse's Internet Data Entry System at:
http://harvester.census. gov/fac/ collect! ddeindex.html
and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f),
OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the
recipient directly to the foIlowing address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
I 11 West Madison Street
TaIlahassee, Florida 32399-1450
Email address: flaudgen_localgovt@aud.state.flus
Providers, when submitting audit report packages to the department for audits done in accordance with OMB
Circular A- 133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations),
Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date
the audit report package was delivered to them. When such correspondence is not available, the date that the audit
report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the
department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the tenns of this agreement for a
period of six years from the date the audit report is issued and shall allow the department 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 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
IE
KFZ28
Attachment C
Homeless Prevention and Rapid Re-Housing Grant
Request for Release of Funds Schedule
In accordance with the terms and conditions of the Homeless Prevention and Rapid Re-Housing
Grant Agreement, the Grantee has been awarded the amount of$ 257.007.00 and the Department
shall release these funds in accordance with the following schedule, subject to the availability of
funds:
RELEASE DATE AMOUNT
First Quarter/First Year October 15,2009 $38,551.12
Second Quarter/First Year October 15,2009 $38,551.12
Third Quarter/First Year January 15,2010 $38,551.12
Fourth Quarter /First Year April 15, 2010 $38,551.12
First Quarter/Second Year July 15,2010 $25,700.63
Second Quarter/Second Year October 15, 2010 $25,700.63
Third Quarter/Second Year January 15,2011 $25,700.63
Fourth Quarter/Second Year April 15, 2011 $25,700.63
For each payment request the Grantee shall prepare and submit a request for release of funds on
the Grantee's stationary.
18
GRANT # KFZ28
Attachment D
-GENERAL CERTIFICATIONS FOR STATE OR LOCAL GOVERNMENT FOR THE
HOMELESSNESS PREVENTION AND RAPID RE.HOUSING PROGRAM (lfPRP)
In accordance with the applicable statutes and the regulations governing the consolidated plan
. regulations, the state. territory, or local government certifies that:
Amrmatively Further Fair Housing - The state, territory, or local government will
affirmatively further fair housing. which means. it wiU conduct an analysis of impediments to fair
housing choice within the jurisdiction or state, take appropriate actions to overcome the effects of
any impediments identified through that analysis, and maintain records reflecting that analysis and
actions in this regard.
Drug-Free Workplace - It will or will continue to provide a drug-free workplace by:
I. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use ofa controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(d) The penalties that may be imposed upon employees for drug. abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph 1;
4. Noti1Ying the employee in the statement required by paragraph I that, as a condition of
employment under the grant, the employee wilJ _
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual Dotice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
6. Taking one of the foHowing actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted _
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2(>
KFZ28
(b) Requiring such employee'to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, state, or local health.
law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1,2,3,4,5 and 6.
AntJ..LobbylDg - To the best of the state, territory, or local government's knowledge and belief:
]. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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, it
will complete and submit Standard Form-LLL, "DisClosure Form to Report Lobbying," in
accordance with its instructions; and
3. It will require that the language of paragraphs J and 2 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.
Authority of Local Government, State, or Territory - The submission ofthc consolidated plan
, is authorized under state law and local law (as applicable) and thcjurisdiction or state possesses
the legal authority to carry out the progTams under the ~nsolidated plan for which it is seeking
funding, in accordance with applicable HUD regulations.
. Consistency with Plan -- The housing activities to be undertaken with HPRP funds are consistent
with the strategic plan,
Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968,
and implementing regulations at 24 CFR Part 135.
Signature/Authorized Official
Date
Title
21
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbvin2 Certification
Tbls 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 $100,000 for each
such failure.
B. Drue:-Free Workplace Certification
). By signing andlor submitting this application or grant agreement, the grantee is providing the
certification.
2. The certification is 8 material representation offset upon which reliance is placed when the agency
awards the grant. If it is later detennined that the grantee knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug-Free
~~hcc~ .
3. Workplaces under grants, for grantees other than individuals, need not be Identified on the
certification. IfknoWD, they may be identified in the grant application. If the grantee does not IdentitY
the wortplaces at the time of application, or upon award, ifthere is DO application, the grantee must
keep the Identity ofthc workpJace(s) on file in its office and make the information available for
Federal inspection. FaUurc to identitY all known workplaces constitutes a violation of the grantee's
drug.free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where worle under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
ofa mass transit authority or State highway department while In operation, State employees in each
local unemployment office, perfonners in concert halls or radio stations),
5. If the workplace identified to the agency changes during the performance of the grant, the grantee
shalllnform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph three),
6. The Grantee may insert in the space provided below the site{s) for the performance of work done in
connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
.. 1100 .$I'M4N1"PN S'~.e~ ,K~ 'I w;:r, ,ffdA/L~ ~;:c. ~~df(O
'Iff) (, J..t s-r~tl~1'" M.tli'.A'TWPN M _ 4 ff 'I. __ 0'<> .
. 88f,,3c:> tJlI'#NI.$~"'S 'II""WAY. '7,fV416,1V1.,cJ' ,f1(()#/Z.tJE, ~ ~JO'"
. Check _ if there are workplaces on file that are not identified here.
The c~fication with regard to the drug-frCe workplace is required by 24 CPR part 24, subpart F.
7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. Grantees' attention Is called, in particular, to the
. fonowlng definitions from these roles: . .
22
"Controlled substance" means a controlled substance in Scbedules 1
through V of the Controlled Substances Act (21 U.S.C. 812) and as further
defined by regu.lation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or Imposition of sentence, or both, by any judicial body
charged with the responsibility to detennine violations of the Federal or
State criminal drug slatutes; .
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employeo" means the employee of a grantee directly engaged in the
perfonnance ofwark under a grant, including: (i) All "direct charge"
employees; (ii) all "Indirect charge" employees unless their impact or
involvement is insignificant to the perfonnance of the grant; and eiii)
temporary personnel and consultants who are directly engaged in the
perfonnance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll oftbe grantee
(e.g., volunteers, even If used to meet a matching requirement; ~onsultants
or independent contractors ,:,ot on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
"l'
')r:
"",-,
CFOP 180-4
Attachment E
CF OPERATING PROCEDURE
NO. 180-4
STATE OF FLORIDA
DEPARTMENT OF
CHILDREN AND FAMILIES
TALlAHASSEE, October 29, 2007
Inspector General
MANDATORY REPORTING REQUIREMENTS TO THE OFFICE OF INSPECTOR GENERAL
1. Puroose. This operating procedure describes the requirements for reporting to the Office of
Inspector General suspected or confirmed allegations concerning an employee or contractor of the
Department. This operating procedure also defines the types of incidents to be reported and the
timeframes for reporting.
2. ~. This operating procedure applies to al/ employees of the Department with knowledge of
suspected or confirmed allegations of wrongdoing by an employee or contractor of the Department.
3. Authority. Section 20.055(6), Florida Statutes (F.S.), requires the Office of Inspector General to
receive and conduct Inquiries, investigations, audits, or management reviews. .
4. Definltfon~. As used in this operating procedure:
a. -Allegation" means an assertion of wrongdoing that may or may not be supported with
evidence.
b. .Wrongdolng" means an act, which, If proven true, would be a violation of statute, rule,
regulation or po/icy, excluding Job performance and related deficiencies.
c. "Fraud. means to commit an Intentional violation of law or a deliberate misrepresentation or
concealment so as to secure unfair or unlawful financial or personal gain.
d. .Client Death" means a person whose life terminates while in the care and/or custody of the
Department, whether In a Department facility, or in a licensed or contracted facility or service center.
e. "Client Injury or U1ness" means a medical condition of a client requiring medical treatment by
a Rcensed health care professional sustained or allegedly sustained due to an accident, act of abuse,
neglect or other Incident OCCurring while In the presence of an employee in a Department facility or
contracted faclHty or service center, or who Is in the physical custody of the Department.
f. ~Theft~ means to take the property of another without right or permission.
5. Reoortable Incfdent~.
a. Inappropriate employee acts or omissions that result in client injury, abuse, neglect or death;
b. Fraud;
c. Theft;
d. Breaches of confidentiality by an employee, unless inadvertent and self-reported (e.g.,
revealing a reporter's name, prOViding confidential documents to unauthorized persons. access of client
This operating procedure supersedes CFOP 180-4 dated June 4,2007.
OPR: OSIG .
DISTRIBUTION: A
24
KFZ28
October 29, 2007
CFOP180-4
files for non-business reasons, providing Information from client files such as medical or benefits
infonnation. etc) immediately Upon confirmatlon by the district;
e. Falsification of official records (e.g., intentional alteration of state documents,
misrepresentation of Information during an official proceeding, intentional falsification of client case
records, case notes, client contact reports, visitation records, or client home visits, creating false and
fICtitious tlJes, etc.);
f. Misuse of position or state property. employees. equipment or supplies for persona' gain or
profit (e.g., misuse of telephonic and communication devices, use of s~ff for personal services,
soliciting on state time and state property, conspiracy to conceal missing state property, misuse of the
Internet to conduct personal business as defined by policy, etc.);
g. Failure to report known or suspected neglect or abuse of a client;
h. Improper expenditure or commitment of public funds;
l. Contract mismanagement by a Department employee or by a contractor, subcontractor, or
employee of either (e.g., misuse, waste, or loss of a significant amount of public funds, evidence of
egregious lack of Judgment In the use of public funds, evidence that state or federal laws, or state rules
or federal regulations have been violated, etc.);
j. Computer related misconduct (e.g., accessing FLORIDA, Florida's Safe Families Network
(FSFN), HomeSafeNet or FA HIS system files of clients when there Is no direct business involvement
with the client, accessing inappropriate or pornographic web sites, sending threatening or harassing
messages, misuse of email, etc.);
k. Any violation under ~435. F.S., Title XXXI, Employee Screening, that would result in
disqualifICation from client contact duties (e.g., convicted of murder, manslaughter, assault and battery,
kidnapping, false imprisonment, sexual battery, theft. robbery, child abuse, abuse and neglect of an
elderly or disabled adult, sale of a control/ed substance, resisting arrest, contributing to delinquency of
a minor, or other disqUalifying offense); or,
I, Any other wrongdoing that would be a violaUon of statute, rule, regulation or policy, excluding
job performance and related deficiencies.
6. JlmeframQ. Suspected or confirmed allegations as outlined in paragraph 5 of this operating
procedure must be reported within two business (2) days of discovery.
7. Methodls) of Reoorting. Notification may be made by completing a Notification/Investigation
Request (form CF 1934) on the IN Incident Reporting System and selecting IG as the primary or
secondary Incident category or by emalllng the request to the Office of Inspector General. A request
for investigation can also be made by mailing the completed form to the Office of Inspector General,
1317 Winewood Boulevard, Building 5, 2nd Floor. Tallahassee, Florida, 32399-0700; or via fax at
(850) 488-1428.
a. Staff Coooeratlon. Nt departmental employees are expected to fully cooperate with any
Investlgation or audit conducted by the Office of Inspector General. This includes adherence to the
reporting requirements of this operating procedure, as well as submitting to interviews, and providing
requested documentation and swom testimony. Refusal to fully cooperate with an investigation or audit
conducted by the Office of Inspector General shaff constitute employee misconduct pursuant to Rule
60l-36.005(3) and (4), Florida Administrative Code, and will result in disciplinary action, up to and
including dismissal.
')r:
..."
October 29, 2007
CFOP180-4
9. Failure to ReDQrt. Adherence to this operating procedure by all departmental employees Is essential
to ensure the Office of Inspector General receives timely notJflcation of allegations of fraud, waste,
mismanagement, misconduct and other abuses in state govemment. Falfure to report according to this
operating procedure may be deemed a violation of ~ 60L-36.005, Rorida Administrative Code. The
standards of conduct require employees to exercise due care and reasonable diligence In the
performance of job duties, to protect state property from loss or abuse, to maintain high standards of
honesty, integrity and impartiality, and to place the Interest of the public ahead of personal interests.
Any violation of these standards wi" result in dlsciplinaty action up to and Including dismissal.
(Signed originsl copy on file)
ROBERTA. BUTTERVVORTH
Secretary
Paragraph 5k defining "miscellaneous" as a reportable incident has been deleted. Paragraph 7,
Method(s) of Reporting, has been revised to permit electronic submission of a request for investigation.
SUMMARY OF REVISED, ADDED, OR DELETED MATERIAL
2E
Contract No. KDZ28
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
This certification is required by the regulations 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).
INSTRUCTIONS
1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign
this certification prior to execution of each contract/subcontract. Additionally, providers who audit
federal programs must also sign, regardless of the contract amount. The Department of Children
and Families cannot contract with these types of providers 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
contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an
erroneous certification, the Federal Government may pursue available remedies, including
suspension and/or debarment.
3. The provider shall provide immediate written notice to the contract manager at any time the
provider learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
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. You may contact the department's contract manager
for assistance in obtaining a copy of those regulations.
5. The provider 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/subcontract unless authorized by the Federal Government.
6. The provider further agrees by submitting this certification that it will require each subcontractor of
this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to
submit a signed copy of this certification.
7. The Department of Children and Families may rely upon a certification of a provider that it is not
debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it
knows that the certification is erroneous.
8. This signed certification must be kept in the contract manager's contract file. Subcontractor's
certification must be kept at the provider's business location.
CERTIFICATION
(1) The prospective provider 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 this contract/subcontract by any federal department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in this certification,
such prospective provider shall attach an explanation to this certification.
Signature
Dale
Name (type or print)
Title
CF 1125, PDF 09/2003
CERTIFICATION REGARDING LOBBYING
Attachment N/ A
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
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 an 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
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.
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
KFZ28
Application or Contract Number
Name of Organization
Address of Organization
CF 1123, PDF 03196
/.:..~,3,STAr"' ,- ..
L:3t\';.~__f---____
Page N/A
Attachment D
GENERAL CERTIFICATIONS FOR STATE OR LOCAL GOVERNMENT FOR THE
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (IlPRP)
In accordance with the applicable statutes and the reguJations governing the consolidated plan
. reguJations, the state, tenitory, or local government certifies that:
AfDrmatlvely Further Fair Housing - The state, territory, or local government wjJJ
affinnatively further fair housing, which means. it will conduct an analysis of impediments to fair
housing choice within the jurisdiction or state, take appropriate actions to overcome the effects of
any impediments identified through that analysis, and maintain records reflecting that analysis and
actions in this regard.
Drag-Free Workplace - It will or wiU continue to provide a drug-free workplace by:
I. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that wiU be taken against employees for vioJation of
such prohibition;
2.. Establishing an ongoing drug-me awareness program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation. and employee assistance programs;
and
Cd) The penalties that may be imposed upon employees for drug. abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the perfonnance of the grant
be given a copy of the statement required by p~h I;
4. Notifying the employee in the statement required by paragraph I that, as a condition of
employment under the grant, the employee wiu _
(a) Abide by the terms oftbe statement; and
(b) Notify the employer In writing orhis or her conviction for a violation of a criminal.
drug statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actuaJ notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a centraJ point for the
receipt of such notices. Notice shall include the identification number( s) of each affected
grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b}, with respect to any employee who is so convicted _
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1913, as
amended; or
KFZ28
(b) Requiring such employee'to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, state, or local health,
law enforcement, or other appropriate agency;
,. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1,2,3,4. S and 6.
Auti-Lobbylag - To the best of the state, territory, or local government's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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"c IY
Federal contract, grant, loan, or cooperative agreement;
D
~ "\ {f'Il
@ MULJ'toA
f
2. If any funds other than Federal appror''';~.' .
person for ftltluencing or attempting tl
Member ofCongres~ an officer or. em,
Congress in connection with this Feder
will complete and submit Standard Fon.
accordance with Its Instructions; and
3. It wiU require that the language of para gr.
the award documents for all subawards at
contracts under grants, loans, and cooperat
certify and disclose accordingly.
Authority ofLoal Government, State, or Territt
. is authorized under state law and local law (as appUc
the legal authority to carry out the progfams under thl
funding, in accordance with applicable HUD regulatic.
Consistency witb Plan .. The housing activities to be
with the strategic plan,
-. .Gl\cn with HPRP funds are consistent
Section 3 -It will comply with section 3 of the Housing and Urban Development Act of 1968,
and implementing regulations at 24 CFR Part 135.
Signature/Authorized Official
Date
Title
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbvin2 Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made ClI' entered into. Submission oflhis 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 tile the required
. certification shaD be subject to a civil penalty of not less than $10,000 and not more than SIOO,OOO for each
such failure.
B. Droe-Free Workplace Certification
I. By signing andlor submitting this application or grant agreCll'llent, the grantee Is providing the
certi fication. .
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, HOO, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act. .
3. Workplaces under grants, for grantees other than individuals, need not be fdentltJed on the
certification. JfknOWD, they may be identified in the grant application. If the grantee does not IdentitY
the workplaces at the timc of applic~tion. or upon award, if there is no application. the grantee must
keep the Identity of the workplace(s) on file in its office and make the Information available for
Federal inspection. Failure to identifY all known workplaces constitutes a violation of the grantCe's
drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
ofa mass transit authority or State highway department while In operation, State employees In each
local Wlemployment office, performers in concert halls or radio stations).
S. If the workplace identlfied to the agency changes during the perfonnance of the grant. the grantee
shall 1nfonn the agency of the changc(s). If it previously Identified the workplaces In question (see
paragraph three).
6. Tho Grantee may Insert In the space provided below the sitc(s) (or the performance of work done in
connectlon with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
.. "00 $"""IJAJ?"4N S'f"~~ t:~YW::;,:6#~~€'-s~ ~~4VO
'/'0 6JrJ. S~~tf6'1'" M.IIIII.II~oN M_ ~_ ,~ "_CJ~() .
aA6Zc:> "v#:"S~"'$ '#"NWAV. 7AveAN/;1e.1 '~q#/l.6E I ~ 'lfJ010
. Check _ if1hcre are workplaces OD file that arc not identified here.
The c~fication with regard to the drug-frCe workplace is required by 24 CFR part 24, subpart F.
7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this ccrtification. Grantees' attention is called, in particular, to the
. fonowing definitions from these roles: . '
"Controlled substance" means a controlled substance In Schedules J
through V of the Controlled Substances Act (21 U .S.C. 812) and as further
defined by regulation (21 CFR 1308.1 I through 1308.J5);
"ConViction" means a finding of guilt (including a plea of nolo
contendere) or Imposition of sentence, or both, by any judicial body
charged with the responsibility to detennine violations of the Federal or
State criminal drug statutes; .
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, Including: (i) All "direct charge"
employees; (ii) aU "Indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged In the
perfonnance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even I f used to meet a matching requirement; !=onsultants
or independent contractors ':lot on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
"
,
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
03/17/2010
Division: County Administration
Bulk Item: Yes l
No
Department: Social Services
Staff Contact Person: Sheryl Graham x451 0
AGENDA ITEM WORDING: Approval of the Weatherization Assistance Program,
American Recovery and Reinvestment Act Sub-grant Agreement (ARRA W AP),
Contract# 1 OWX - 7X -11-54-01- 719 between Monroe County Board of County Commissioners
(Community Services/Social Services) and the State of Florida, Department of Community Affairs for
the provision of funds to reduce the monthly energy burden on low-income households by performing
work on the homes in accordance with the Federal Department of Energy guidelines and DCA
guidelines.
ITEM BACKGROUND: Monroe County Social Services was first awarded the Weatherization
Assistance Program contract#10WX-7X-11-54-01-319 referred to as the "Capacity Building
Agreement" which was approved by the BOCC on 1/2012010. These funds are being used to prepare
our department for performing weatherization activities. The second contract#10WX-7X-1l-54-01-
719, which is attached, will allow for weatherization activities on eligible dwellings. Please refer to
attached prior approved sub-grant agreement.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 1/20/2010 for
the Weatherization Assistance Program sub-grant Agreement #10WX-7X-l1-54-01-3l9, the "Capacity
Building Agreement".
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 417,460.39
BUDGETED: Yes -.X. No
COST TO COUNTY: $0
SOURCE OF FUNDS: Grant funds_
REVENUE PRODUCING: Yes N/A No
AMOUNT PER: MONTH:
YEAR:
APPROVED BY:
{1{
County AtlYoT
O~hasing _ Risk Management _ _
DOCUMENTATION:
Included X
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM #
J
r
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~ARY
Contract with: W AP (DCA) Contract: # 10WX- 7X-Il-54-01-719
Effective Date: 04-0 I-I 0
Expiration Date: 2-15-11
Contract PurposelDescription: Approval of the Weatherization Assistance Program (W AP) federally funded
Sub-grant Agreement Number IOWX-7X-II-54-01-719 between Monroe County Board of County
Commissioners and the State of Florida, Department of Community Affairs for the provision of funds to reduce
the monthly energy burden on low-income households by performing work on the homes in accordance with the
Federal Department of Energy guidelines and DCA guidelines.
Contract Manager:
Sheryl Grahpp. a~
(Name) ~
03/17/2010
For BOCC meeting on
4510
(Ext.)
Social Services/Stop I
(Department/Stop #)
Agenda Deadline:
03/02/1 0
CONTRACT COSTS
CONTRACT REVIEW
Changes
Date In Needed
Division Director J /j/IO Yes ~.~
~
Risk Management Yes No
o .~B./PurchaSing 3 ,~ \ to Yes Q
County Attorney ~\\\\O Yes @
!
/
,
Comments: I
Total Dollar Value of Contract: approx. $417,460.39
Budgeted? Yes X No Account Codes:
County Match: -0-
Additional Match: 0
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
OMB Form Revised 2/27/01 MCP #2
Current Year Portion: $_
~~4su
ADDITIONAL COSTS
For:
(e.g. Maintenance, utilities, ianitorial, salaries, etc)
Date Out
(?/.3//(J
A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
THOMAS G, PELHAM
Secretary
February 22,2010
r ~L
-t;f;~~
Weatherization Works
in Florido
Sheryl L. Graham, Social Services Director
Monroe County Board of County Commissioners
1100 Simonton Street, Suite 2-257
Key West, FL 33040
Dear Sheryl:
Enclosed are the State Weatherization Program Notice 10-04, your 2010 American Recovery and
Reinvestment Act (ARRA) Weatherization Assistance Program (WAP) Agreement for your review,
signature and submission to the Department of Community Affairs. The State Weatherization Program
NoticelO-04 addresses items that, if not attend to, will impede processing of your agreement by the
Department and also outlines specific items that have been included in the attachments which are unique
to this ARRA W AP agreement.
Note also that there is a reference to the benchmarks that were outlined in the initial 2010 ARRA W AP
Capacity Agreement. Completion of these benchmarks must be reported and approved by the Department
in order for any subgrantee to proceed with performing weatherization work on low-income client homes.
With this contract, your agency will soon be able to begin weatherizing homes with these ARRA W AP
funds. However, there are still some issues that the Department is in process of addressing and soon to be
implemented. First of these is contractor procurement training. In addition, coordinating contractor
training and providing fiscal assessment and assistance are immediately to follow.
But first we need to get these agreements processed so that you can proceed with what you do best,
weatherize homes. Therefore, if you have any questions regarding the information in the Program Notice
10-04, the 2010 ARRA W AP agreement or need other assistance, contact your consultant immediately.
Please direct any other questions or concerns to Mr. Norm Gempel, Manager, at (850) 922-1846 or
norm .gempel@dca.state.fl.us.
?::JL~
Paula Lemmo
Community Program Manager
Community Assistance Section
PLlhc/mr
Enclosures
25 5 5 5 HUM A ROO A K B 0 U L E VA RD. TAL L A HASSE E, F L 32 3 99 - 2 1 00
850-488-8466 (p) . 850-921-0781 (f) . Website wwwdca,state,fl,us
· COMMUNITY PlANNING 850-488-2356 (p) 850-488--3309 (I) . FLORIDA COMMUNIllES TRUST 850-922.2207 (p) 850-921-1747 (I) .
. HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (I) .
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: lOWX-7X-1l-54-01-719
FEDERALLY-FUNDED WEATHERIZATION ASSISTANCE PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe County Board of
County Commissioners (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
sub grant these funds to the Recipient upon the terms and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of
this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end February 15, 2011, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's perfonnance under this Agreement shall be subject to the federal
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register
8034) or OMB Circular No. A-I 10, "Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-2l, "Cost Principles for Educational Institutions," or OMB 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.
Page 1
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of five years from the date the audit report
is issued, unless extended in writing by the Department. The five year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and extends
beyond the five year period, the records shall be retained 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 it is acquired shall be retained for five years after fmal disposition.
3. Records relating to real property acquired shall be retained for five years after the closing on
the transfer of title.
(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 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 Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.ll. to 5:00 p.ll.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REOUIREMENTS
(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 reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.ll. to 5 :00 p.ll., local time, Monday through Friday.
(c) The Recipient shall provide the Department 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 defmed in OMB
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 OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Department 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. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
Page 2
OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions ofOMB 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 for auditee responsibilities as provided in Subpart C ofOMB 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 ofOMB 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 chooses 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.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient to:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Department of Community Affairs
Weatherization ARRA Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission
online at
http://harvester .census. gov /fac/ collect! ddeindex.h1ml
And to any 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 send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter
issued by the auditor, to the Department at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Department of Community Affairs
Weatherization ARRA Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 3
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement 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 should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department 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,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public accountant (IF A),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IF A shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with monthly and semi-annual plus a close-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 any other information requested by the Department.
(b) Monthly reports are due to the Department no later than 15 days after the end of each production
period (first day through last day of each month) of the agreement period and shall be sent each month until
submission of the administrative close-out report.
(c) Semi-annual reports are due to the Department no later than 15 days after the end of each semi-
annual period. The ending dates for each semi-annual period are September land March 31.
(d) The close-out report is due 30 days after termination of this Agreement or 30 days after completion
of the activities contained in this Agreement, whichever first occurs.
(e) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
(f) The Recipient shall provide additional program updates or information that may be required by the
Department.
(g) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
met, the Schedule of De live rabIes and Scope of Work are being accomplished within the specified time periods, and
Page 4
other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to
this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, Department-contracted monitoring
entities or other agents, limited scope audits, and/or other procedures. The Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that 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 Florida Chief Financial Officer or Auditor General. In addition, the Department 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 is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. 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.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial
payments after any Events of Default without 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 Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
Page 5
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, 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 days prior written
notice of such termination. The notice shall be effective when placed in the United States, fIrst class mail, postage
prepaid, by registered or certifIed mail-return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce perfonnance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional infonnation from the Recipient to determine the reasons for or the extent of
non-compliance or lack of perfonnance,
2. issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include 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.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce benefIcial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper closeout of the Agreement.
Page 6
(d) In the event that this Agreement is tenninated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification oftennination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND C01'<lACT
( 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:
Norm Gempel
2555 Shumard Oak Boulevard
Telephone: (850) 488-7541
Fax: (850) 488-2488
Email: norm.gempel@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
(NametShec-\JL Gr~ SaLtJ ~lLY'~'l\ecJ-clL
(Address) t \00 S~MOf\+n({ ~+. :1--1-5"':1- ~ West} f:"L 3.3t#D
Telephone: ( )3a5"' - L q 2. - 45'"/6-
Fax: ( ) 305 - 295" - 4.:3.5"<:)
@ ~AAHAM-~u~A...YL ~r'-{otJ.tlD~L.al ury - FL. bDv
Email:
(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 provided as
stated in (13)(a) above.
(14) Su13CONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient.
The Recipient agrees to include in the subcontract that (i) 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 (iii) the subcontractor
shall hold the Department and Recipient hannless 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. The
Recipient shall document in the monthly report the subcontractor's progress in performing its work under this
Agreement.
Page 7
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defmed in Section 288.703, Fla. Stat.
(15) TERMS ANTI CONDITIONS
This Agreement contains all the tenns and conditions agreed upon by the parties.
(16) ATTACHMENTS
( a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
rgJ Exhibit 1 - Funding Sources
rgJ Attachment A - Scope of Work and Budget
rgJ Attachment B - Program Statutes and Regulations
rgJ Attachment C - Recordkeeping
rgJ Attachment D - Reports
rgJ Attachment E - Justification of Advance
rgJ Attachment F - Warranties and Representations
rgJ Attachment G - Certification Regarding Debarment
rgJ Attachment H - Statement of Assurances
rgJ Attachment I - County Allocation
rgJ Attachment J - Special Conditions
rgJ Attachment K - Recipient Information Form
(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 $417,460.39, subject to the availability
of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is
contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within
the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87,
A-1IO, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the
budget data on which the request is based and a justification statement shall be included in this Agreement as
Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
o An advance payment is requested in the amount of$
if applicable)
(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, Attachment A of this
Agreement.
N/A
,
. (check and complete
Page 8
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department 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 Department
for collection, Recipient shall pay to the Department a 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) MANDATED 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 later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department 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 be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
(d) This 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.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 - 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, state and local government services, and telecommunications.
(f) A person or organization 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
Page 9
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$25,000.00 for a period of36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
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 5-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 19(9)2. of this certification; and
4. have not within a 5-year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any 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) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department'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 D.S.C. Section l324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department
Page 1 0
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 ofthe Recipient's governing board or the meetings of any subconnnittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(0) 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. lOa,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(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
Recipient, 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 Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all
sub awards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
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.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF TillS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
Page 11
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF TIDS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has 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 is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating 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 Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
(24) SIGNATURE PAGE.
The execution of this Agreement by the parties is contained in the Signature Page which follows this
page of the Agreement.
Page 12
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FlJNDED SUB GRANT AGREEMENT
SIGNATL'RE PAGE
Contract Number: lOWX-7X-1l-54-01-719
[\J WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth below.
RECIPIENT
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
DEPARTMENT OF COMMUNITY AFFAIRS
By:
(Authorized Signature)
Date:
By:
(Authorized Signature)
Date:
~:;1-" {A H Li-'<-PKY
(PrinL ame)
Title: --.t::j A~ D ~
Type Name: Janice Browning
Title: Director, Division of Housing
and Community Development
FE"" i D: 6cr -lcOOO ~49
MJ#ifi!~~~ A_c~~~~~~)
PEDP:..O~~,:':;~'{ ",^,'.J ,~/2.//o
ASS\STI\N, C'JJI' __::t.
I _
Date __
Page 13
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE A WARDED TO THE RECIPIENT UNDER TIllS
AGREEMENT:
Separately list the following information for each federal program from which the resources awarded to the
Recipient originate:
American Recovery and Reinvestment Act
Weatherization Assistance Program
Federal agency
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
A ward amount:
Dept. of Energy
Weatherization
81.042
$417,460.39
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc.) and specify to wh ich federal program each requirement applies:
Compliance Requirement
1. Purposes resources must be used for:
Program
ARRA
The Recipient will use these funds to perform energy saving repairs and
installation of energy saving measures on low-income homes in its
designated service area. These funds will be expended in accordance
with the Scope of Work, Attachment A-2; Program Statues and
Regulations, Attachment B-1; Record Keeping, Attachment C; Reports,
Attachment D; Statement of Assurances, Attachment G; County
Allocations, Attachment I; Special Conditions (When Applicable),
Attachment J of this Agreement and applicable OMB Circulars.
2. Eligibility requirements for recipients of the resources:
Weatherization Program
The recipient will comply with eligibility requirements as set forth in the
Department of Energy (DOE) 10 CFR Part 440 Final Rule, applicable
OMB Circulars and applicable ARRA guidance and requirements as
provided by DOE during the agreement period.
Page 14
ATTACHMENT A
SCOPE OF WORK AND BUDGET
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services and facilities,
except as otherwise provided herein, to carry out the program. The Recipient will have a designated individual, referred
to by the Department as the W AP Coordinator, to be responsible for the following activities:
A. Solicit, identify and qualify low-income residents within the Recipient's identified service area who have the need
and desire for energy conservation assistance. The Recipient will make the services provided for under this Agreement
available to all eligible clients in the counties to be served.
B. During this contract period work performed on homes shall be completed in accordance with the Florida Priority List
and supplemental Department and federal Department of Energy guidelines, unless the Recipient secures written
permission from the Department not to. Each unit must be evaluated by using the Priority List Assessment and Testing
(PLAT) inspection package, recording visual observations and measurements and performing required diagnostic tests,
i.e., blower door, monoxor, gas analyzer, pressure pan and any other tests required as directed by the state weatherization
office. This information will be maintained in the client file.
When addressing a central heating and cooling unit which already exists in a home, the National Energy Audit (NEAT)
or Manufactured Home Energy Audit (MHEA) must be used to determine replacement and appropriate sizing.
Refrigerators may only be replaced if (a) indicated by metering (minimum lO% of refrigerators must be metered), (b)
recommended by a NEAT or MHEA, or (c) according to Priority List guidelines. The Department also requires that the
following measures be installed on every unit receiving energy conversation measures: low flow showerhead, faucet
aerators, water heater blanket, water line insulation and air filters for heating and cooling units in accordance with the
Procedures and Guidelines requirements.
C. The cost of labor, materials and program support for weatherization measures under this W AP agreement should not
exceed $6,500 per house. (This average does not include the Health and Safety ("H&S") $600 that may also be
expended. IfW AP/Low-Income Home Energy Assistance Program funding is also utilized, the H&S amount may only
be charged to one program)
D. When the Recipient W AP Coordinator has determined the weatherization activities to be performed on a home, the
measures to be addressed will be listed on the Client! Agency Pre-Work Order Agreement Form. The work to be
performed will then be discussed with the client, along with addressing the included disclaimer language regarding mold
and moisture. Also a copy of the Lead Notification pampWet and the Mold and Moisture pampWet will be provided to
each client. Then both the client and the coordinator will sign and date the form. Once this form is signed, work may
commence.
E. The Recipient is responsible for supervising, monitoring and ensuring the quality of all work by staff, volunteers and
subcontractors. The Recipient shall provide the Department with documentation and reports as required by this
Agreement as well as other information related to this project as may be specified by the Department.
F. The Recipient W AP Coordinator shall conduct a final inspection and certification that all work listed on the Building
Work Report (BWR) was performed on the home according to program guidelines. If all work meets program
guidelines and local building codes, and applicable permits have been pulled, the W AP Coordinator and client will sign
and date the BWR.
G. The Recipient W AP Coordinator shall coordinate with the Department's field monitor contractor to perform an
inspection of at least 50% of the dwellings weatherized in a production period (151 day to the last day of a month) that are
slated to be reported. This inspection should be completed by the last day of the production period. Dwellings requiring
corrective measures in order to achieve compliance will be required to be revisited by the field monitor. No completed
inspected dwelling that has not achieved compliance will be submitted to the Department for reimbursement.
15
ATTACHMENT A
SCOPE OF WORK ANn BUDGET
SCOPE OF WORK
H. The Recipient W AP Coordinator will coordinate with the Department's field monitor contractor to perform an
inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file
that is not in compliance will not be included in the monthly production report. Non-compliant client flles must have
corrective action completed and be re-inspected for compliance before being submitted on the monthly report.
I. The Recipient W AP Coordinator will coordinate with the Department's field monitor contractor to review for
accuracy the Client Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement
request via the eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and
Building Work Report data has been confirmed for accuracy.
J. The Recipient will provide the following per month estimated Production Goals for the Agreement period.
March 20 10 ~ April 2010
June 2010 3- July 2010
September 20 1 0 ~ October 2010
December 2010 -S::...- January 2011
Total Production ~ M'l r\ \ m.LLM
L
::f
:s-
~
May 2010
August 2010
November 2010
February 2011
~
~
~
~
A TT AClL"\ilENT A (Continued)
16
5amp Ie- o.f fi 1Ia(\(,( 31 5-btus Kef 0 r t lFSR]
.~ filJD&ii~-rs J iZef. on e(),Je- 2'T-)
Fee For Service Summary and Detail Reporting Instructions A+rac~VV\of D.
From the Financial Status Report Form
Current Month
(A)
Totals To Date
(B)
'"
, 1. a) Material (Calculated from Building Work Reports )
b) Labor (Calculated from Building Work Reports)
,2. Fee for Service (30% of Lines IA + IE) (Calculated from material and I
!labor totals reported on Building Work Reports submitted) ,
3. Total: (Lines la + lb + 2 from colullll1 A) (Cannot exceed average of I , /
$6,500 per dwelling) /
,
4. Health & Safety - (From Building Work Reports - cannot exceed $600 //.,/'
per dwelling without Department's writtenlemail approval)
5. Comprehensive Annual Audit (1/12 per month) I ...-
6. Training & Technical Assistance /
6. (b) Equipment I //
7. Liability Insurance /
8. Subtotal (Colullll1 A - Line la, I b, 2 plus lines 4 through 7) I I
/1
9. Administration (Line 8 x 5.25%) /' /
(Can be less than 5.25% but may not exceed 5.25%)
10. Totals (Lines lA - 9A and IE - 9B) //
(Note: 10 B can not exceed Total Agreement Amount)
,
La) MATERIAL: Calculated from Building W07 eports.
b) LABOR: Calculated from Building Wor eports.
2. FEE FOR SERVICE: (30% ofLin lA + IB) (Calculated from material and labor totals reported on Building
Work R orts submitted.
3. TOTAL: Lines la, Ib, and 2: 's amount cannot exceed the average of$6,500 per dwelling reported.
4. HEAL TH AND SAFET . NERGY -RELATED MEASURES HAZARD ABATEMENT ONLY.
5.
6.
6 (b)
17.
I 8.
i
i
ADML~ISTRATIO~: Line 8 x 5.25% (Can be less than 5.25% but may not exceed 5.25%).
TOTALS: Colullll1s A and B.
17
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
to:
Both the Recipient and the Department shall be governed by applicable laws and rules, including but not limited
A. Pub. L. 94-385, Part A, Title N ("Energy Conservation and Production Act of 1976"); the Omnibus Budget
Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act of 1981); Title
II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V, Subtitle E, of the
Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat. ; Florida Chief Financial Officer
Memorandum No. XXX , American Recovery and Reinvestment Act (ARRA) Requirements (2008-2009);
American Recovery and Reinvestment Act of2009 (Public Law 111-5); Federal Central Contractor Registration
(http://www.ccr.g.ov[); 2 CFR Part 176, Requirements for Implementing Sections 1512, 1605 and 1606 of the
American Recovery and Reinvestment Act of2009 for Financial Assistance Awards; Schedule of Expenditures of
Federal Awards (htto://www.myfloridaacfo.comlaadir/statewidefinancialreporting./fmancing.htm)
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of race,
color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 US.c. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 D.S.C. 794), which prohibits discrimination
on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 D.S.C. 6101- 6107), which prohibits discrimination on
the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 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
(Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 US.c. 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 US.c. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or fmancing of housing; and
9. The requirements of any other nondiscrimination statute( s) which may apply to the Weatherization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 D.S.C. Sections 12101 through
12213).
C. Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and
as supplemented in Department of Labor Regulations (41 C.F.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 D.S.C. 1857
et seq.) and the federal Water Pollution Control Act as amended (33 US.c. 1251 et seq.).
18
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 D.S.C. 4081 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.c. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 D.S.C. 469a-1 et seq.)
G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment, declared eligible, or voluntarily excluded
from participating in this Agreement by any Federal Department or agency.
H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act, as
currently amended.
1. Recipients which procure $10,000 or more of insulation products annually are required to put into effect an
affirmative procurement program to insure the purchase of insulation products composed of the highest percentage
of recoverable materials practicable, taking into consideration competition, availability, technical performance and
cost in accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, and guidelines promulgated by the Environmental Protection Agency.
J. All applicable federal rules, regulations and guidelines including 10 C.F.R. Part 600, and all applicable OMB
Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under this Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in connection with, the
performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff is debarred or suspended or is
otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549,
"Debarment and Suspension." The contractor may not make any subcontract to a debarred or suspended party. A
current listing of such parties is maintained by the Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
1. DocUlllentation of client income eligibility in accordance with the most recent federally established Poverty
Income Guidelines. Client income verification must be conducted within 180 days prior to the date the work begins.
2. DocUlllentation of authorization from the owner of the dwelling or his authorized agent.
3. Documentation of proof of ownership.
4. Agreement with the owner of rental property assuring compliance with 10 C.F.R. Part 440.22.
19
ATTACHMENT B (Continued)
PROGRAt\1 STATUTES AND REGULATIONS
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temporarily invest grant
funds, but any interest income shall either be returned to the Department or be applied against the Department's
obligation to pay the contract amount. Any interest income earned by the temporary investment of these grant funds
that is not applied against the Department's obligation to pay shall be returned to the Department at the time of
submission of the fmal close-out report.
P. PROGRAM INCOME: Recipient may apply net program income, after costs incident to the generation of gross
program income are deducted, excluding interest income, to meet matching requirements, or may reprogram it for
eligible program activities in accordance with Rule Chapter 9B-24, Florida Administrative Code. The amount of
program income and its disposition must be reported to the Department at the time of submission of the final close-
out report. Expenditure of program income balances at contract end must be approved by the Department.
Q. APPEALS SYSTEM: Recipient must have a written appeals system adopted by the Board of Directors, posted
in the client intake area of the Recipient's agency, and a copy provided in writing to those applying for services.
In the event of a complaint/appeal, the complaint/appeal shall first be heard by the:
Ki M wi \ ~} SR... q\dv\.-5 (' 0lJrd l (\~
(Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by:
.5hery \ ~'Nh;:vt\) .soci~ Ser-vLLes D'ted1:>1(Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by:
j-{n~ro~ (' O\J..1'\~ 'pocr,
All complaints received by the Department will be referred to the Recipient.
(Committee or Full Board).
R. All W AP sub grantees will following the procedures and guidelines provided in the Florida W AP Manual.
Programmatic and guideline changes during an agreement period will be provided to all subgrantees through a State
Weatherization Program Notice and are to be considered as updates and become effective upon the date indicated on
a Program Notice. The State Program Notice will be sent to the Recipient by mail and email to the addresses stated
in Paragraph Thirteen of this Agreement.
S. Because of the additional accountability requirements and enhanced scrutiny associated with American Recovery
and Reinvestment Act (ARRA) funding and operations in general and the W AP in particular, the Department must
be prepared to replace service providers not meeting production goals or compliance requirements quickly. To that
end, the Department intends to pre-qualify service providers who could step in and administer this program if an
existing provider needed to be replaced.
In order to fmd new service providers, the Department will advertise and hold a public meeting in a service area to
seek an interested public or private nonprofit entity to be considered for designation as an eligible provider of
ARRA W AP services in that specific service area. The subgrantee selection criteria of the U.S. Department of
Energy (I 0 CFR 440.15) will be followed for this pre-qualifYing process. If a new service provider is required at
the time the Department needs to contract for ARRA W AP services, the Department will contract with the service
provider who has been pre-qualified by the solicitation process.
20
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
T. All WAP subgrantees shall comply with the ARRA 2009-2012 WAP State Plan, Annual File Narrative, as set
forth below:.
Liability Insurance
All Recipients and subcontractors are required to have sufficient liability insurance coverage for performing
weatherization-funded activities. In addition, Recipients must have Pollution Occurrence Insurance (POI), whether
included, added to, or a separate general liability insurance policy. Costs may be charged as a separate line item on
the Financial Status Report. Recipients must ensure that each private contractor is adequately insured (to include
POI) or covered by the Recipient policy.
Documentation to substantiate all insurance coverage will be reviewed during monitoring visits. Failure to have
adequate insurance coverage may result in all reimbursement requests being withheld until compliance is met.
Training and Technical Assistance Plan (T&TA)
T &T A activities are intended to maintain or increase the efficiency, quality, and effectiveness of the Weatherization
Assistance Program at all levels. Such activities should be designed to maximize energy savings, minimize
production costs, improve program management and crew/contractor "quality of work," or reduce the potential for
waste, fraud, abuse, and mismanagement. Part of the state's assessment ofT&TA needs will be the an going
review of monthly production and expenditure reports.
Although historically the state has not required any specific certification or experience for local service provider
employees who perform inspection/diagnostic testing procedures or conducted formalized training for contractors
authorized to carry out weatherization activities, the initial ARRA W AP agreement will include inspector training
requirements for all sub grantee staff who will participate in the dwelling inspection process.
Determining Eligibility Levels and Defining Income
The ARRA increases the income eligibility threshold for U.S. Department of Energy ("DOE") Weatherization from
150 percent to 200 percent of the poverty income guidelines; therefore, these changes will be reflected in the ARRA
W AP 2009 subgrant agreements. Recipients must maintain records documenting weatherization assistance
recipients' eligibility. Recipients will be required to reimburse DOE funds if it is determined that the family unit
occupying the residence was not eligible for weatherization assistance at the time such services were provided. The
Economic Stimulus Act of2008 provided rebate checks to qualifYing individuals and families. With respect to
those payments, the IRS emphasizes that stimulus payments will not count toward or negatively impact any other
income-based government benefits such as Social Security benefits, Food Stamps, and other programs. Therefore,
for the purpose ofW AP, the rebate checks issued under the Economic Stimulus Act of 2008 will NOT count as
income when determining eligibility.
Determining Priority Service
Recipients will continue prioritizing services to clients based upon the DOE-recognized classifications of "elderly,
persons with disabilities, families with children under 12 years old, household with a high energy burden and high
residential energy user" in their "priority of services" point system. To assist with determining which clients meet
the last two classifications, a Memorandum of Understanding (MOU) between the W AP and the LIHEAP
Recipients serving the same geographical area is required. All W AP Recipients will coordinate with their local
LIHEAP provider to develop a referral process and targeted number of clients to serve. A minimum of 10% of the
clients receiving weatherization services through W AP during PY 2009 will be LIHEAP referrals.
21
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
Vehicle Purchase
Recipients are able to spread the large cost of purchasing vehicles and/or certain equipment, with an acquisition cost
of $5,000 or more over the entire life of the vehicle and the number of homes served during that period. However, a
proportionate share of the amortized cost of purchasing vehicles must be included as a part of the cost for
weatherizing each home. DOE allows for determining the average cost per unit by including only that fraction of the
cost of a new vehicle which is actually "used" during the current year. Recipients should consider and weigh the
options on leasing versus lease-purchasing. DOE does not need to approve a vehicle lease. But, if a lease-purchase
option is proposed and even if the purchase price is as small as one dollar, DOE would need to approve the purchase
of the vehicle.
In order for a Recipient to use a purchase or lease-purchase option, specific information must be collected and
submitted to the Department for review prior to submission to DOE for approval. The Department has developed a
vehicle purchasing guidance packet and forms that must be completed for this activity. Contact the Department to
receive this packet.
Prevailing Wages
All laborers and mechanics employed by contractors and subcontractors on projects funded by ARRA shall be paid
wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the
Secretary of Labor and in accordance with 40 U.S.c. 993131 - 3148. With respect to the labor standards specified in
this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered
14 of 1950 (64 Stat. 1267,5 U.S.c. App.) and 40 U.S.c. 3145. See U.S. Department of Labor, Wage and Hour
Division web site at http://www.dol.gov/esa/whd/contracts/dbra.htm Wage determinations can be found at
htto://www.wdol.gov. The Department or its representative will review compliance with prevailing wages
guidelines during onsite monitoring visits and will require a semi-annual survey report form be completed by all
Recipients. This information will be submitted through the web-based eGrants system.
The following is the U.S. Department of Energy Weatherization Program Notice 09-9, which provides
guidance on implementation of the Davis-Bacon Act Prevailing Wage Requirement in the American Recovery
and Reinvestment Act of 2009:
Effective: July 21, 2009 - To issue guidance to Weatherization Assistance Program participants, on implementing
Davis-Bacon Act (DBA) requirements associated with the expenditure of American Recovery and Reinvestment Act
of2009 (Recovery Act) funds. The Department of Labor (DOL), Employment Standards Administration, Wage and
Hour Division (WHD) has issued guidance on applicability of DBA requirements to all agencies engaged in funding
projects for construction, alteration, and/or repair funded in whole or in part by funds appropriated under the
Recovery Act, and has issued guidance to the Department of Energy's (DOE) Weatherization Assistance Program in
particular. Those DOL documents are attached hereto for your convenience. The instant memorandum is intended to
provide you with the DOL guidance and to amplify that information as may be appropriate for our circumstances. It
does not modify or replace the DOL guidance or any requirements or terms and conditions contained in the grant
instrument.
DISCUSSION: The Department of Energy Weatherization Assistance Program
The Weatherization Assistance Program was established in 1976. The program has historically not been subject to
the DBA prevailing wage requirements. However, on February 17, 2009, President Obama signed the Recovery Act
to jumpstart the economy by saving and creating jobs, and to foster weatherization and energy efficiency efforts and
achieve other goals. Section 1606 of the Recovery Act specifically requires that all laborers and mechanics
employed by contractors and subcontractors on any project "funded directly by or assisted in whole or in part by"
Recovery Act funds be paid prevailing wages as determined by the Secretary of Labor. Thus, Weatherization
Assistance projects funded or assisted in whole or part by Recovery Act funds are now subject to DBA prevailing
wage requirements.
22
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
Accordingly, contractors and subcontractors must ensure that any laborers and mechanics employed on projects
funded or assisted in whole or in part by Recovery Act funds are paid prevailing wages as determined by the
Secretary of Labor for construction, alteration, and/or repair (including painting and decorating). Grantees and
subgrantees, with the exception of state and local governments, that use their own employees to perform this work,
will also pay these employees the DBA prevailing wage rate. If the entity receiving Recovery Act assistance for
such projects contracts out the weatherization work, it must ensure that the DBA requirements flow down to the
entities that employ laborers and mechanics that do the work.
On projects where DBA prevailing wage requirements must be paid, the requirements set out in the DOL regulations
at 29 CFR Parts 1,3, and 5 are applicable. In accordance with 29 CFR Part 1, Federal agencies directly contracting
for weatherization projects or providing assistance under the Recovery Act to other entities for such projects must
include the standard DBA contract clauses found in 29 CFR 5.5(a) in their bid solicitations, assistance agreements,
and the resulting contracts and grants, and must require that those requirements flow down to any contracts or
subcontracts for the performance of the work. The recipient of the Recovery Act funds is responsible for the
compliance by its sub grantees, contractors and their subcontractors with all of these contract clauses.
DOE is responsible for ensuring that the applicable wage determinations are included in bid solicitations, assistance
agreements, and the resulting contracts and grants. DOE is working with DOL to ensure that wage determinations
for weatherization projects accurately reflect the local prevailing wage rates and fringe benefits for this work. To
this end, the Wage and Hour Division ("WHD") Administrator may issue a weatherization wage determination after
a contract has been awarded or after the beginning of construction. Pursuant to 29 CFR S 1.6(f), if it is determined
that an inaccurate wage determination has been incorporated into a grant or contract, the proper wage determination,
as issued by the WHD Administrator, will be incorporated into that contract or grant retroactively to the beginning
of ARRA assisted or funded construction. The contractor/subcontractor and grantee/subgrantee must be
compensated for any increases in wages resulting from such change. In the event of such a change you may use
Recovery Act funds to cover the cost of the adjustments. Until DOL issues prevailing wage determinations for
weatherization workers in your area, you may use Recovery Act funds to begin weatherizing homes so long as you
pay at least the wage amounts currently listed at http://www.wdol.g:ovlIndex.aspx for residential construction or
other specific category that you believe is most similar to the work performed by your employees or those of the
contractors you utilize. Please also note that the rates posted at the DOL site are minimums.
Please note that weatherization work will be defined by DOL's survey and may not apply to the work performed by
all of your employees. For example, replacement ofHV AC systems by licensed contractors most likely will not be
considered weatherization work. The wage determination for this work will be listed under another labor category.
The wage survey being conducted by DOL is collecting data on all HV AC work including installing the HV AC unit,
installing duct work, and installing the pipe. The survey is asking for the classification(s) that perform HV AC work
and for a description of the scope of the HV AC work performed on the jobs. From this, the survey results will
determine the classification(s) and rates/fringe benefits that will be paid to the worker(s) who perform HV AC work
and will specify on the wage determination the scope of the work performed. For instance, it may be a
weatherization worker, HV AC mechanic, plumber, pipefirter, or sheet metal worker. The survey results will
determine which classification(s) do the work.
DOE and others have suggested that the classifications and wage rates/fringe benefits on the current residential wage
determinations are not applicable to weatherization work. DOL is working to ensure that wage determinations for
work on weatherization projects accurately reflect the local prevailing practice for this work. To this end, the WHD
Administrator at DOL may issue a wage determination after contract award or after the beginning of construction. If
the agencies proceed without an applicable weatherization wage determination in their projects, then they risk
having a back wage liability after DOL completes its survey and issues applicable weatherization wage
determinations. There is no way to determine prior to the completion of the survey and prevailing wage
determination process whether the weatherization wage survey will collect sufficient information for WHD to
23
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
produce a separate rate for HV AC work or whether that work is performed by a weatherization mechanic, plumber,
pipe fitter, sheet metal worker, etc. There are no standard national classification definitions under the Davis-Bacon
program. The classification of work that performs the work in question is based on the prevailing practice in the
area.
It is imperative that Davis Bacon wage stipulations be inserted into all contracts in which Davis Bacon applies and
that the contractors working on these projects maintain accurate and complete weekly certified payrolls from the
start of construction. Pursuant to 29 CFR ~ 1.6(t), if an inaccurate wage determination or no wage determination has
been incorporated into the grant or the contract, the proper wage determination, as issued by the WHD
Administrator, will be incorporated into the contract or grant retroactively to the beginning of construction. The
certified payroll records submitted prior to the inclusion of the proper wage determination must be reviewed and any
employees paid less than the detennined wage rates must be compensated the difference for all hours worked on the
project. In addition, the contractor must be compensated for any increases in wages resulting from such change.
For States, the costs associated with DBA compliance can be charged either as an administrative cost or as a training
and technical assistance cost. For local agencies, these costs must be charged either as an administrative cost or as
part of program operations. States should contact their respective DOE Project Management Center for specific
guidance on how to appropriately charge these costs.
Grantees/subgrantees and contractors/subcontractors must attach the applicable wage determinations to the bid
solicitation, assistance agreement, and resulting contract or grant. A grantee or sub grantee and
contractors/subcontractors contracting out work on a covered weatherization project must provide the wage
determination to the contractors or subcontractors 10 calendar days prior to soliciting bids. Once a project becomes
subject to DBA requirements and the accurate (as stated in the above paragraph) wage determinations are obtained
and incorporated into a bid/contract, then those wages are applicable for the entire project.
If an ongoing construction project which was awarded prior to the Recovery Act or which was not assisted or funded
in whole or part by Recovery Act funds does become subject to Recovery Act funding, the agency will insert the
appropriate wage determination( s) in relevant contracts and federal assistance agreements effective as of the date the
Recovery Act assistance is approved for use on the project. The determinations will then need to be included in any
contracts or subcontracts for the covered work. Projects that are already subject to Davis-Bacon labor standards
would not require application of a new Davis-Bacon wage determination upon receipt of Recovery Act assistance
unless such assistance is for work not contemplated under the existing contract for construction or in the
circumstances outlined above where the WHD Administrator issues a new wage determination.
In addition, grantees/subgrantees and contractors/subcontractors on weatherization projects funded or assisted in
whole or part by Recovery Act funds shall maintain payrolls and basic records relating to payroll during the course
of the work and preserve them for a period of three years thereafter for all laborers and mechanics working on the
project, or as designated in the grant document. They must also ensure that all laborers and mechanics on a
project funded or assisted in whole or part with Recovery Act funds are paid on a weekly basis and must
submit weekly certified payroll records to the contracting and administering agency.
Training
DOE has completed an initial round of national webinars training on Davis-Bacon implementation for State and
local agencies. Davis-Bacon training sessions also were conducted at the DOE Weatherization Assistance Program
National Conference held July 20-23,2009 in Indianapolis. This training was designed to provide all attendees with
a general overall knowledge on compliance with DBA. The state of Florida will be providing training on Davis-
Bacon for their provider agencies.
24
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
CONCLUSION
DOE is committed to ensuring that the Recovery Act meets its dual objectives of creating thousands of new jobs and
of bringing about the weatherization of more than 525,000 low-income households over the next three years. DOE
will provide any additional assistance needed and will address any issues that may arise in order to ensure that those
goals are met. To this end, DOL, with assistance from the DOE, is developing project wage determinations that
accurately reflect the classifications used and wage rates paid on residential weatherization projects. These new
wage surveys are being conducted on an expedited basis. Once completed, project wage determinations, specific to
weatherization work in residential buildings will be issued to DOE for incorporation into the grant and contract
documents.
Administrative
If the state determines that additional or replacement service providers are necessary, the following guidelines
outlined in 10 CFR 440.14, State Plans, and 10 CFR 440.15, Recipients, apply:
a) The State shall ensure that:
(1) Each Recipient is a CAA or other public or nonprofit entity;
(2) Each Recipient is selected on the basis of public comment received during a
public hearing conducted pursuant to 10 CFR 440. 14(a) and other appropriate fmdings
regarding:
(i) The Recipient's experience and perfonnance in Weatherization or
housing renovation activities;
(ii) The Recipient's experience in assisting low-income persons in the
area to be served; and
(iii) The Recipient's capacity to undertake a timely and effective
Weatherization Program.
(3) In selecting a Recipient, preference is given to any CAA or other public or
nonprofit entity which has, or is currently administering, an effective program under this part
or under Title II of the Economic Opportunity Act of 1964, with program effectiveness
evaluated by consideration of factors including, but not necessarily limited to, the following:
(i) The extent to which the past or current program achieved or is
achieving Weatherization goals in a timely fashion;
(ii) The quality of work performed by the Recipient;
(iii) The number, qualifications, and experience of the staff members of
the Recipient; and
(iv) The ability of the Recipient to secure volunteers, training participants, public service
employment workers, and other Federal or State training programs.
(b) The State shall ensure that the funds received under this part will be allocated to the entities selected in
accordance with paragraph (a) of this section, such that funds will be allocated to areas on the basis of the
relative need oflow income persons for a weatherization project.
(c) If DOE finds that a Recipient selected to undertake Weatherization activities under this part has failed to
comply substantially with the provisions of the ARRA or this part and should be replaced, such fmding
shall be treated as a fmding under 10 CFR 440.30(i).
(d) Any new or additional Recipient shall be selected at a hearing in accordance with 10 CFR 440. 14(a) and
upon the basis of the criteria in paragraph ( a) of this section.
(e) A State may terminate financial assistance under a subgrant agreement for a grant period only in
accordance with established State procedures that provide appropriate notice of the State's reasons to the
Recipient.
25
ATTACHMENT C
RECORDKEEPING
A. Information to be maintained in the file for each client shall include, but not be limited to the following.
1) Client Intake Form (signed by the client and dated)
2) Copy of photo identification of client
3) Client Selection (Priority) Criteria Form
4) Copy of the Client signed and dated Compliant/Appeal Procedures Form
5) Copy of Social Security Cards (with only the last four digits showing)
6) Documentation of Income for all members of the household
7) Documentation of Ownership or Landlord Agreement (when applicable)
8) A copy of the completed Priority List Assessment and Testing (PLAT) forms
9) A copy of the first page of the National Energy Audit (NEAT) or the Manufactured Home Energy Audit
(MHEA) when replacing central HV AC units or if used for refrigerator replacement justification
10) Copy of the signed and dated Client/Agency Pre-Work Agreement Form
11) Copy of client utility bill for the month preceding work being performed
12) Building Work Report (BWR) (signed by the client and inspector and dated)
13) Invoices and payment vouchers
14) Copies of any required building permits
15) Copy of client utility bill for first full month after work has been completed
B. When the Recipient W AP Coordinator has determined the weatherization activities to be performed on a home,
the measures to be addressed will be listed on a Client/Agency Pre-Work Order Agreement Form. The work to be
performed will then be discussed with the client, and both the client and the coordinator will sign and date the form.
Once this form is signed, work may commence and a copy of this form must be placed in the client file.
C. The Recipient will be required to collect all Davis Bacon or Prevailing Wage compliance information from
contractors utilized under this agreement. Details of the information to be collected and the frequency of submitting
that information to the Department, will be provided in a State Weatherization Program Notice.
D. The Recipient will be required to collect additional DOE required information and data including, but not be
limited to the following:
. Jobs created using state contractors
. Jobs created at the local agency level
. Jobs created using local agency contractors
. Hours trained at the local agency
. Jobs retained with state contractors
. Jobs retained at the local agency level
. Jobs retained with local agency contractors
. Equipment purchases exceeding $5,000
26
ATTACHMENT D
REPORTS
A. MontWy reports are due to the Department by the 15th of each month. The Recipient shall submit the Financial
Status Report (FSR) via the eGrants reporting system. In addition, the Recipient will fax to the Department a signed
copy of the FSR along with a Capacity Budget Cost Itemization (CBCI) form. The CBCI will support the charges
reported in the Fee For Service category on the FSR.
B. Semi-Annual Success and Leverage Reports are due to the Department on or before October 15 and April 15.
1) On the Success Reports, all subgrantees are to document and report the energy savings realized through
program services by recording the most recent utility bill prior to commencing weatherization work on at
least five clients' homes, and then contact those clients the first full billing month cycle after work is
completed to obtain the post-weatherization utility bill amount. Also, copies of any correspondence
received from clients should be included.
2) On the Leverage Reports, all subgrantees are to document all sources ofleverage activities and include the
amount of funds utilized on all homes during the six month period. Donation of materials or volunteer
labor should also be included in this report.
C. Monthly Davis Bacon or Prevailing Wage compliance reports and supporting documentation will be due to the
Department - frequency and extent to be detennined by the Department.
D. A Progress Report will be due to the Department (frequency to be determined by the Department) to include, at a
minimum, the following information:
. Jobs created using state licensed contractors
. Jobs created at the local agency level
. Jobs created using local agency contractors
. Hours trained at the local agency
. Jobs retained with state licensed contractors
. Jobs retained at the local agency level
. Jobs retained with local agency contractors
. Equipment purchases exceeding $5,000
E. Other ARRAJDOE Reports as needed.
Note: DOE or the Department will provide guidance regarding the calculation of jobs created and the methodology
for calculating energy savings.
F. The Close-out Report is due to the Department on or before March 15,2011.
G. Failure to submit all required reports as outlined in Section A through F above by the required due dates may
result in the withholding of any pending or future payments until the reports are received. Reports and notices must
be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Weatherization Assistance Program
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Fax: (850) 488-2488
H. The audit is due nine (9) months after the end of the fiscal year of the Recipient or by the date the audit report is
issued by the state Auditor General, whichever is later.
1. Hand delivered reports must be date stamped in by Department staff Each report form shall be signed by the
Recipient's designated agent.
J. Utilization of the eGrants reporting system is mandatory for all W AP subgrantees.
27
ATTACHi\1ENT E
JlJSTIFlCATION OF ADVA1~CE PAYMENT
" Uol\te,e,. ~
RECIPIENT: tv\o (\.ro e. Co \AJ\~t)O~ d of Cb~ UJ-n'J"u..~ <6 \ trt\.J.J)S / 50cid Se.r vi.ce.:.
Indicate by checking one of the boxes below if you are requesting an advance. If an advance paymebt 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), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the Recipient within the initial three months of the Agreement.
cg. NO ADVANCE REQUESTED
o 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.
REQUEST FOR ADVANCE
o Recipient has circumstances that require an advance in the amount estimated and justified below.
ADVANCE CALCULATION
A. Homes expected to be completed in first three months of Agreement:
B. Line A times $6,500:
C. Equipment, training, audit and insurance expenses in first three months:
D. Subtotal of Lines Band C:
E. Administrative expenses, 5.25 percent of Line D:
F. Advance Requested (Total Lines B, C and E):
EXPLANA nON OF EXCEPTIONAL CIRCUMSTANCES (IF REQUESTONG MORE THAN LINE F):
Note: All advance requests must provide written justification and a budget for the first three
months of the Agreement.
28
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Fillancial~anagement
Recipient's financial management system must illc1ude the followillg:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contaill
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, illcome and illterest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all 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 to detennine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accountillg records that are supported by backup documentation.
Competition
All procurement transactions shall be done ill a manner to provide open and free competition. The Recipient shall be
alert to conflicts of illterest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restraill trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, illvitations
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, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must 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 ill the Recipient's illterest to do so.
29
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Codes of Conduct
The Recipient 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 participate 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, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit 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 the
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 9:00 a.m. through 4:00 p.rn., five days a week.
Licensing and Permitting
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.
30
A TT ACHl\fENT G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, (name of subcontractor), 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 Contractor's subcontractor is unable to certifY to the above statement, the prospective contractor
~1l attach an exphrnation to "'" fonn. /
//
/
/
(Ryclpient's Name)
/
~
/
7
Date:
(Sub-Contractor's Name)
(Authorized Signature)
(Print Name and Title)
(type here)
(DCA Contract Number)
(Street Address)
(City, State, Zip)
31
ATTACHMENT H
STATEMENT OF ASSURANCES
The Recipient hereby certifies to the truth and accuracy of the following:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the filing of the contract, including all understandings and assurances contained therein, and directing
and authorizing the Recipient's chief executive to act in connection with the agreement and to provide such
additional information as may be required.
B. Contractors' and subcontractors' licenses must comply with state and local laws, ordinances and regulations, and
shall be appropriate and adequate to cover each of the tasks being performed pursuant to this Agreement and any
subcontracts under this Agreement. The Recipient shall maintain copies of all contractor and subcontractor licenses
(current for the program year when the work is performed), as well as a copy of each contractor's liability insurance
policy.
C. Units oflocal government, Indian tribes and non-profit organizations shall secure and maintain such insurance as
may be necessary for protection from claims under Worker's Compensation Acts and from claims for bodily injury,
death, or property damage which may arise from the performance of services under this Agreement.
D. Priority in selection of clients will be given to (1) the elderly, (2) persons with disabilities,
(3) households with children under twelve, (4) households with recurring high energy bills and (5) high energy
burden (Low-Income Home Energy Assistance Program referrals).
E. The Recipient shall give priority to units served in order of preference as follows:
1. single family owner occupied units,
2. single family renter occupied units in buildings up to five units,
3. multi-family units (5 units or more per building), with 10% owner participation,
4. multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be coordinated with
other Federal, State, local, or privately funded programs in order to improve energy efficiency and to conserve
energy.
G. The Recipient will permit attendance by the Department's representatives at any meetings of the Recipient's
Board of Directors, executive connnittee or legislative body.
H. The Recipient will permit on-site program evaluation by the Department of Energy, the Department's field
representative and by technical assistance groups assigned by the Department. The Recipient will also allow
inspection, verification, and audit of financial transactions and records by staff or agents of the Department, the
Comptroller's Office, legislative or federal auditors, and Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the Recipient
shall require that the landlords of buildings with five or more units, or any combination of buildings with an
aggregate total of five units or more, that receive services under this contract will pay ten percent (l 0%) of the total
cost of the work performed. The landlord's participation may be waived or reduced if they can document in writing
that they cannot afford to participate. A written agreement between the Recipient and the landlord detailing the
landlord's connnitment and legal responsibilities will be executed after pre-inspection and work determination has
been completed and prior to work beginning on the unit and a copy of this agreement maintained in the client(s) file.
32
ATTACHMENT I
COUNTY ALLOCATIONS
The fmancial allocation specified for each county by program is designated to be spent in that county. For recipients
of funds designated for more than one county, in the event that circumstances will not allow the full expenditure of
any program funds allocated to a particular county, a request to expend any part of those funds in another county
must be submitted in writing to the Department. This request must justify the lack of need of program services in
that county. Funds may not be expended in another county without prior written approval of the Department.
COUNTY
ALLOCATION
$417,460.39
Monroe
33
ATTACHMENT J
SPECIAL CONDITIONS
The Recipient will be evaluated monthly in regard to meeting production goals provided in Attachment A,
Scope of Work, of this Agreement, submission of complete and accurate reports on time as indicated in Attachment
D of this Agreement, compliance with Weatherization Assistance Program (W AP) Procedures and Guidelines as
contained in the Florida W AP Manual, and additional procedures, guidelines and compliance requirements as
provided for the ARRA by DOE.
Any Recipient failing to meet montWy compliance of the requirements listed above may be placed on
probationary status. Subgrantees failing to demonstrate corrective actions that will rectify the issues necessitating
the probationary status within a two month period will be considered "at risk". Recipients at risk may be subject to
a funding reduction and/or the Department may proceed with the selection and designation of an additional or
replacement provider for part or all of the Recipient's service area.
Recipients remaining in good standing will be eligible for any additional funding available during the term of
this Agreement. Contingent upon the DOE Progress Review results, if additional funding is allocated to the ARRA
W AP, this Agreement may be extended for an additional time period.
All sub grantees may be required to provide the Department with notification of any bid po stings for
weatherizing dwellings under the ARRA W AP agreement. The information will include the date of bid posting,
close date of accepting bids, and bid opening/award date. Also, the contact information for the individual
coordinating this activity for the sub grantee must be provided
Example of information to be submitted:
The (Al!ency name here) has posted on (Month. day. year) a bid for (# of dwellinl!s)
number of units to receive weatherization work. Bids are to be submitted by COB on (Month. day. year)
and will be opened and awarded on (Month, day. year)
The bid opening for the above has been completed and (Contractor name here)
awarded the bid on (Month. day. year)
has been
To find out how to qualify for participating in this bid process, interested state certified contractors
should contact (Af!encv point of contact) of the (Af!encv name here) at
(phone number) or by email at (email address here) for more information.
Clause A: DAVIS BACON ACT REQUIREMENTS
A. Definitions: For purposes of these additional ARRA W AP Special Conditions / Davis Bacon Act Requirements
Clause A, Clause B, Contract Work Hours and Safety Standards Act, and Clause C, Recipient Functions, the
following definitions are applicable:
(1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement
to comply with the labor standards clauses and wage rate requirements of the Davis-Bacon Act (DBA) for
work performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors
on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to
the Recovery Act.
34
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed
by the Subrecipient, construction contractor or construction subcontractor on a particular building or work
at the site thereof, including without limitation-
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated
off-site;
(b) Painting and decorating; or
(c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of
property and services for construction, alteration, and repair under a Subaward. For purposes of these
Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract.
(4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is
responsible for the business management and non-program aspects of the financial assistance process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall
include subcontractors and lower-tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a
grant directly from the Federal Government. The term includes the State that receives an Award from DOE
and is financially accountable for the use of any DOE funds or property, and is legally responsible for
carrying out the terms and conditions of the program and Award.
(7) "Site of the worlC'-
(a) Means--
(i) The physical place or places where the construction called for in the Award,
Subaward, or Contract will remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is constructed,
provided that such site is established specifically for the performance of the project;
(b) Except as provided in paragraph (c) of this definition, the site of the work includes any
fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc.,
provided-
(1) They are dedicated exclusively, or nearly so, to performance of the project; and
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs
(7)(a)(i) or (7)(a)(ii) of this definition; and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or
tool yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular contract or Federal Award or project. In addition,
fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or
material supplier which are established by a supplier of materials for the project before opening of
bids and not on the project site as defmed in paragraphs
35
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(7)(a)(i) or (7)(a)(ii) of this defInition, are not included in the "site of the work." Such permanent,
previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may be dedicated exclusively or nearly so, to the performance of an A ward,
Subaward, or Contract.
(8) Subaward means an award of financial assistance in the form of money, or property in lieu of money,
made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower- tier
subrecipient. The term includes fInancial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement of goods and services to
carry out the program nor does it include any form of assistance which is excluded from the defInition of
"Award" above.
(9) Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through
entity [Recipient] to carry out a Federal program, but does not include an individual that is a benefIciary of
such a program. The term includes a Community Action Agency (CAA), local agency, or other entity to
which a Subaward under the A ward is made by a Recipient that includes a requirement to comply with the
labor standards clauses and wage rate requirements of the DBA work performed by all laborers and
mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part
by and through the Federal Government pursuant of the Recovery Act.
B. Davis-Bacon Act
(I)(a) All laborers and mechanics employed or working upon the site of the work 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 pennirted 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 to the Subaward or Contract and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a
Subrecipient, or Contractor and such laborers and mechanics.
(i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient
shall notify the Contracting Officer of the site of the work in order for the appropriate wage
determination to be obtained by the Contracting Officer from the Secretary of Labor.
(ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient
shall notify the Contracting Officer immediately of the site of the work under the Subaward or
Contract in order for the appropriate wage determination to be obtained by the Contracting Officer
from the Secretary of Labor.
(b) Contributions made or costs reasonably anticipated for bona fIde fringe benefIts under section 1(b)(2) of
the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics,
subject to the provisions of paragraph B( 4) below; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover
the particular weekly period, are deemed to be constructively made or incurred during such period.
36
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in
the wage determination for the classification of work actually performed, without regard to skill, except as
provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
(d) The wage determination (including any additional classifications and wage rates conformed under
paragraph B(2) ofthis Clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the
Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2)(a) The Contracting Officer shall require that any class oflaborers or mechanics which is not listed in
the wage determination and which is to be employed under the Subaward or Contract shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have been
met:
(i) The work to be performed by the classification requested is not performed by a classification in
the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in
the classification (if known), or their representatives agree on the classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient.
The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with
the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a
report of the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
(c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be
employed in the classification, or their representatives, do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall
notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The
Contracting Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for
determination. The Administrator, or an authorized representative, will issue a determination within 30
days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
37
A TT ACHMENT J (continued)
SPECIAL CONDITIONS
(d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs
B(2)(b) or B(2)( c) of this Clause shall be paid to all workers performing work in the classification under the
Award, Sub award, or Contract from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient
and 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.
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the
Subrecipient or 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 Subrecipient or Contractor that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
Subrecipient or Contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program
C. Rates o/Wages
(1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in
perfonnance of work at the project site, as determined by the Secretary of Labor to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the contract
work in the pertinent locality, are included as an attachment to the A ward, Subaward, or Contract.
(2) If the Sub award or Contract has been issued without a wage determination, the Recipient shall notify
the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
D. Payrolls and Basic Records
(I) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and
Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4)
of the provision entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or program described in section
l(b)(2)(B) of the Davis-Bacon Act, the Subrecipient or Contractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. The
Subrecipient or Contractor employing apprentices or trainees under approved programs shall maintain
written evidence of the registration 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.
38
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy
of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any
Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit
weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the
Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information
required to be maintained under paragraph D( 1) of this Clause, except that the full social security numbers
and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to
include an individually identifying number for each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htmor its successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of
payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The
Subrecipient is responsible for ensuring all Contractors; including lower tier subcontractors submit copies
of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this clause.
Subrecipients and Contractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request for transmission to the Contracting Officer, the
Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or
audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full
social security number and current address of each covered worker upon request by the Contracting Officer
or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require
a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own
records, without weekly submission to the Contracting Officer.
( c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient,
Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed
under the Subaward or Contract and shall certify --
(i) That the payroll for the payroll period contains the information required to be maintained under
paragraph D(2)(a) of this Clause, the appropriate information is being maintained under paragraph
D(1) of this Clause, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the Subaward or Contract during the payroll period has been paid the full weekly wages earned,
without 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 set forth in the
Regulations, 29 CFR Part 3; and
(iii) 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 Subaward or Contract.
(d) 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 D(2)( c) of this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause
may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001
of Title 18 and Section 3729 of Title 31 of the United States Code.
39
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(l) of this
Clause available for inspection, copying, or transcription by the Contracting Officer, authorized
representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor
shall pennit the Contracting Officer, authorized representatives of the Contracting Officer or the
Department of Labor to interview employees during working hours on the job. If the Recipient,
Subrecipient, or Contractor fails to submit the required records or to make them available, the Contracting
Officer may, after written notice to the Recipient, Subrecipient, or Contractor 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 request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
E. Withholding of Funds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient
or any other contract or Federal Award with the same Recipient, on this or any other federally assisted
Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Recipient 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 Subrecipient or a Contractor the full amount
of wages required by the A ward or Subaward or a 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, all or
part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after
written notice to the Recipient 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.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause to be withheld from any
Subrecipient or 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 Subrecipient
or Contractor the full amount of wages required by the Subaward or 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, all or part of the wages required by the Subaward or Contract, the Recipient may, after written
notice to the Subrecipient or Contractor, 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 or the Government
may cause the suspension of any further payment under any other contract or Federal award with the same
Subrecipient or Contractor, on any other federally assisted A ward subject to Davis-Bacon prevailing wage
requirements, which is held by the same Subrecipient or Contractor.
F. Apprentices and Trainees
(1) Apprentices.
(a) An apprentice will be pennitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with
a State Apprenticeship Agency recognized by the OATELS; or
40
A TT ACHMENT J (continued)
SPECIAL CONDITIONS
(ii) In the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program, if
certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(b) 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 Subrecipient or Contractor as to the entire work force under the
registered program.
(c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable 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.
(d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than that
in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the Subrecipient's or Contractor'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
level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination.
(e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval
of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(2) Trainees.
( a) Except as provided in 29 CFR 5.16, 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 (OATELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.
(b) 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 applicable 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 shall be paid the full amount of
fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship/training program associated with the corresponding journeyman
wage rate in the wage determination which provides for less than 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 OA TELS shall be paid not less than the applicable wage rate in the wage determination for
the classification of work actually performed. In addition, any trainee performing work on the job site in
41
A TT ACHMENT J (continued)
SPECIAL CONDITIONS
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate in the wage determination for the work actually performed.
(c) In the event OA TELS withdraws approval of a training program, the Subrecipient or Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
Clause shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended and 29 CFR Part 30.
G. Compliance with Copeland Act Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the A ward, Subaward or Contract.
H. Subawards and Contracts
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause
entitled "Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require.
The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of
the requirements contained in this Clause. The Subrecipient shall be responsible for the compliance by
Contractor with all of the requirements contained in this Clause.
(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Sub award and Contract for
construction within the United States, including the Subrecipient's and Contractor's signed and dated
acknowledgment that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is
available from the Contracting Officer or at
http://contacts.gsa.gov/webforms.nsfi'0/70B4872D 16EE95A 785256A26004F7EA8/$f1le/sf1413 _ e.pdf .
Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the
Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and
lower-tier subcontract for construction within the United States, including the Contractor and lower- tier
subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and
lower- tier subcontracts. SF 1413 is available from the Contracting Officer or at
http://contacts.gsa.gov/webforms.nsfi'0/70B4872D l6EE95A 785256A26004F7EA8/$f1le/sf1413 _ e.pdf The
Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1413.
L Contract Termination - Debarment
A breach of these provisions may be grounds for termination of the A ward, Subaward, or Contract and for
debarment as a Contractor or subcontractor as provided in 29 CFR 5.12.
J. Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are
hereby incorporated by reference in the A ward, Subaward or Contract.
42
A TT ACHMENT J (continued)
SPECIAL CONDITIONS
K. Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and
shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract.
Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any
Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives.
L. Certification of Eligibility.
(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient,
Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5. 12(a)(1).
(2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of
a Government contract or Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.l2(a)(1).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.c. 1001.
M. Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an
A ward, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting
activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included
in the Award, Sub award or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic
in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be
reimbursed by the Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the
Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for
any overtime actually worked.
Clause B: CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or
Contract in an amount in excess of$100,000. As used in this CWHSSA Clause, the terms laborers and mechanics
include watchmen and guards.
A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the
unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case
of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set
43
ATTACHMENT J (continued)
SPECIAL CONDITIONS
forth in CWSSHA paragraph A, in the sum of $1 0 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 paragraph (A) of this section.
C. Withholding for unpaid wages and liquidated damages.
(1) The DOE Contracting Officer 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 Recipient on this or any other Federal
Award or Federal contract with the same Recipient on any other federally-assisted Award or
contract subject to the CWHSSA, which is held by the same Recipient such sums as may be
determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and
liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting
Officer or an authorized representative of the Department of Labor, withhold or cause from any
moneys payable on account of work performed by the Subrecipient or Contractor on this or any
other federally assisted sub award or contract subject to the CWHSSA, which is held by the same
Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided
in clause set forth in CWHSSA, paragraph B of this Clause.
D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower tier
subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and also a provision requiring the
Contractors to include this CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for
compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A through D. The Subrecipient shall
be responsible for compliance by any Contractor (including lower- tier subcontractors).
E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause XX, Davis-
Bacon Act Requirements, for all laborers and mechanics, including guards and watchmen working on the Subaward
or Contracts. These records are subject to the requirements set forth in Clause XX, Davis Bacon Requirements.
Clause C: RECIPIENT FUNCTIONS
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions:
(a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients
and Contractors at any tier under this A ward;
(b) Review all DBA certified payroll records for compliance with DBA requirements, including
applicable DOL wage determinations;
(c) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at
any tier, including any non-compliances identified as the result of reviews performed pursuant to
paragraph (b) above;
(d) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-
compliance issues cannot be resolved in a timely manner, forward complaints, summary of
investigations and all relevant information to DOE;
(e) Provide DOE with detailed information regarding the resolution of any DBA non-compliance
Issues;
44
A TT ACHMENT J (continued)
SPECIAL CONDITIONS
(f) Perform services in support of DOE investigations of complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
(g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors
with DBA requirements and as requested by the Contracting Officer; and
(h) Provide copies of all records upon request by DOE or DOL in a timely manner.
(2) All records maintained on behalf of the DOE in accordance with paragraph (I) above are federal
government (DOE) owned records. DOE or an authorized representative shall be granted access to the
records at all times.
(3) In the event of, and in response to any Freedom of Information Act, 5 D.S.C. 552, requests submitted to
DOE, Recipient shall provide such records to DOE within 5 business days of receipt of a request from
DOE.
Davis Bacon RevisedIFinal Wage Determination - 2/22/2010
45
Request For Wage Oettrrmnation And
Response To Request
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U.s. o..tIIOOI ~~Part 1
46
S2009-FL-OO 1
Issue Date: 12/1112009
Exp. Date: 03105/2010
FLORIDA RESIDENTIAL WEATHERIZATION WAGEDEfERMINATION
This proj~t wage determination is issued in response to a request from the Department of Energy (DOE) for prevailing wage rates specific to
weatherization of residential structures as those structures are defined in the All Agency Memorandum 130 and 131. This wage determination has
application only to weatherization construction projects on existing residential structures as described in the SF 308 submitted by DOE. The primary
purpose of the project for which this wage detelTIlination is being issued is weatherization and is not for the renovation, repair, or new construction of
residential structures. All other types of residential construction projects afe subject to the published general residential wage determinations for the
State of Florida found on www.wdoLgov.
General weatherization work for purposes of this wage detennination is defined as minor repairs, batt insulation, blown insulation, window and door
repair, and weather stripping, solar film installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of
light bulbs, and installation of smoke detectors. In Florida, the Department's recent survey determined as a matter of prevailing practice that these
duties are perfonned by a weatherization worker classification.
Additionally, specialty weatherization work is defined as the (1) replacement of doors and windows; (2) installation and repair of furnace/cooling
(HV AC) systems and all associated work involved with the installation of the HV AC system including electrical, pipe, and duct work. In Florida, the
Department's recent survey determined that the duties described by (1) above are performed by a Window and Door Replacement Worker, and by (2)
above are performed by an HV AC worker.
Wage payment data submitted for the State of Florida included wage data information for a weatherization crew chief classification. This
classification of worker is essentially a working foreman who performs the same tasks as the weatherization worker, but who is responsible for
supervision, job oversight, forms completion, work assignments, and quality assurance. The additional duties are not "laborer or mechanic" work as
defined by the Davis-Bacon and related Acts regulations, but are more supervisory in nature. The Department issues various classifications of workers
when the duties are defined and distinct from all other classifications of workers on the wage determination. The "laborer or mechanic" duties of the
crew chief are not sufficiently distinct to warrant the issuance of a separate classification on the wage determination. Moreover, the Department does
not issue separate wage determinations based on a worker's skill, experience or indi vidual training. Therefore, the weatherization crew chief is not
listed as a separate classification of worker. The weatherization crew chief must be classified as a weatherization worker and paid at least the
applicable wage determination rate of the weatherization worker when performing weatherization work. There is no restriction however to paying the
weatherization crew chief more than the weatherization worker wage rate listed on the wage determination.
The rates listed on this wage determination are the minimum rates that may be paid the listed classification for the work perfonned. Wage rates are
based strictly on work performed and are not based on the employee's level of experience, seniority, ability, etc. There are no levels of rates for this
work. Workers performing the work described are due at least the minimum rates listed.
47
S2009-FL-OO I
Issue Date: 12/1112009
Exp. Date: 03105/2010
The following is a key to the chart below. Each county in the state is listed in alphabetical order on the far left side of the chart. There are two main
columns separated by a bold line with the left column labeled Weatherization Survev Wa2f Determination and the right column labeled Existinl!
Residential W32e Determination.
The three c1assiftcations listed under the Weatherization Survey Wage Determination column are the classifications and rates determined to be
prevailing for weatherization work and are based on wage data submitted in response to the weatherization survey. Weatherization work, as well as
the specific duties that may be performed by these three classifications, is defined on this project decision. The rate information under each
classification is the basic hourly rate and fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed
under the classification column, usually the HV AC Worker, then there was no data or insufficient data from which to establish a rate and/or fringe
benefit for that classification. If the work: performed by that classification is needed for the project, then an additional classification request
(conformance) must be made. NOTE: Oassifications and rates listed under the Existing Residential Wage Determination Column may not be used
for unlisted classifications/work in the Weatherization Survey Wage Determination column. See below for the procedure for requesting additional
classifications and the fonn to request these classifications.
The classifications listed under the Existing Residential Wage Determination column are those classifications and rates currently published as
prevailing on the residential general wage determinations. These wage determinations may be found at www. wdol. gov. The classifications and rates
listed under the Existing Residential Wage Detennination column may be used on weatherization projects only in those situations where the work is
different than that described for the three classifications listed under the Weatherization Survey Column. For example, when an electrician is
needed to perlOlTIl electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, then the exisring electriciar
classification and rate listed under this column may be used for that work. The rate information under each classification is the basic hourly rate and ,
fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, then
there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. If that unlisted classification is neede(
for the projec~ then a request for an additional classification (conformance) should be made. See below for the procedure for requesting additional
classifications and the fonn to request these classifications.
Any unlisted classifications and rates (confonnances) needed for work not listed on the chart below may be added after award only as provided in the
labor standards contract clauses (29CFR 5.5 (a) (1) Oi)). The procedure for requesting approval of an unlisted classification and rate (conformance) ::
well as a "pdf' copy of the form (SF Form 1444) may be found at http://www.dol.gov/esalwhdlrecovery/. The SF Form 1444 may be sent to the
Department electronically, by facsimile, or by mail. Electronic submissions should be sent to 09WeatherizationSurvev@dol.20v. Facsimile
submissions should be sent to (202) 693-1432. Mailed fonns should be sent to the address listed in Block 1 of dle SF Form 1444. Any SF Form 144
submitted for weatherization projects should be marked as being for weatherization projects and the proj~t decision being used for the project should
also be submitted with the SF Form 1444.
48
S2009-FL-OOl
Issue Date: 12/1112009
Ex D 03105/7010
{Po ate: ~
Weatherization Survey Wage DetermInation Existing Residential Wage Determination
(S2009-FL-001 ) (www.wdol.gov)
Carpenter Plumber
(Excludes work
(Excludes Door & Electrician associated wtth
Doors & HV AC, Furnace, Heating & Window (Excludes electrical work HVAC installation,
Counties Weatherization Windows Cooling Repair, InstaUation, Replacement, and associated with HVAC repair or overhaul
Worker Replacement Replacement Worker work listed as installation, overhaul, and and work listed as
Worker performed by work listed as performed
weatherization by weatherization worker) performed by
weatherization
worker worker)
A1achua $14.00 $14.00 $20.00 $12.15 $11.47 $11.61
Baker $14.00 $14.00 $20.00 $20.00 $11.79 $26.19+9.55
Bay $20.00 $20.00 17.94+2.58 $12.00 $10.46 $13.53
Bradford $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Brevard $17.73 $17.73 $21.07 $13.46+0.54 $12.66 $13.54
Broward $12.00+4.17 $15.00+4,54 $28.00+4.31 $21.17 to.86 $27.46+ 12.5%+5.00 $25.00+ 1.17
Calhoun $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
Charlotte $16,00 $16.00 $21.00 $13.66+2.67 $13.15 $13.45
Citrus $10.00tO.27 $10.00+0.27 $17.94+2.58 $11.05 $10.82 $13.00
Clay $14.00 $14.00 $20.00 $14.14 $11.79 $26.19+9.55
Collier $16.00 $16.00 $21.00 $13.66+2.67 $13.15 $13.45
Columbia $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
De Soto $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Dixie $13.00 $13,00 $17,94+2.58 $11.90 $10.89 $13.00
49
S2009-FL-OO 1
Issue Date: 12/11l2009
Exp. Date: 03105/2010
~'--~-~---~~-- -^-~------ -----~_._~-~-~~~->-~-,~-_._--------.
Weatherization Survey Wage Determination existing Residential Wage Determination
($2OO&.FL-001 ) (www.wdoLAOV)
Doors & HV AC, Furnace, Heating &
Weatherization Windows Carpenter* Electrician" Plumber"
Counties Worker Replacement Cooling Repair, Installation, (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
i Duval $16.69+3.25 $19.92+3.37 $20.00 $14.63 $12.49 $26.19+9.55
Escambia $20.00 $20.00 $17.94+2.58 $12.95 $13.70 $1324
Flagler $13.00 $13.00 $17.94+2.58 $13.93 $10.89 $13.00
Franklin $14.00 $14.00 $17.94+2.58 $11.90 $10.89 $13.00
Gadsden $20.00 $20.00 $17.94+2.58 $13.53 $11.54 $13.53
Gilchrist $14.00 $14.00 $20.00 $12.15 $11.47 $11.61
Glades $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
GLif $14.00 $14.00 $17.94+2.58 $11.90 $10.89 $13.00
Haminon $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Hardee $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Hendry $13.00 $13.00 $17,94+2.58 $15.83 $10.80 $13.23
Hernando $10.00+027 $10.00+0.27 $12.oo+<l.65 $12.97+1.97 $11.98 $12.97
Highlands $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Hillsborough $12.00 $18.00 $21.00 $15.00 $12.54 $12.37
Holmes $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
Incian River $12.00+4.17 $15.00+4.54 $21.07 $15.00 $12.23 $14.04
Jackson $10.00 $14.57 $17.94+2.58 $11.90 I $10.89 $13.00
I
i
Jefferson $14.00 $14.00 $17.94+2.58 $13.53 $11.54 $13.53
50
S2009-FL-OO 1
Issue Date: 12/1112009
Exp. Date: 0310512010
--..----~...............-----'-~,---,.-.-,~-~~"~~--.-,--".~~-~~-,---"------.-.-- -. I'" - -----.-------- '--~_.._._-.,.~-'~_._---.-.,-_._-_. . -~- ~"'-----,"~- ~--,- _ '_'H __.
Weatherization Survey Wage Determination Existing Residential Wage Determination
(S2OO9-FL-001 ) (www.wdol.gov)
Doors & HV AC, Furnace, Heating &
Weatherization Windows Carpentef Electrician * P1umber*
Counties Worker Replacement Cooling RepaIr, Installation, (See Page 31 (See Page 3) (See Page 3)
Replacement Worker I
Worker
Lafayetle $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
lake $15.00+1.30 $15.00+ 1.30 $20.00 $11.96 $11.98 $15.04 t
I
I I
I
I Lee $16.00 $16.00 $21.00 $14.09 $14.75 $1425 i
f I
i
I Leon $14.00 $14.00 $17.94+2.58 $13.53 $11.54 $13.53 !
I
Levy $13,00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Liberty $14.00 $14.00 $17.94+2.58 $11.90 $10.89 $13.00
Madison $13.00 $13.00 $17.94+2.58 $11.00 $10.89 $13.00
Manatee $16.00 $16.00 $21.00 $15.00 $13.15 $13.15
Marion $14.00 $14.00 $20.00 $12.86 $11.47 $26.19+9.55
Martin $12.00+4.17 $15.00+4.54 $28,00+4.31 $14,89 $27.46+ 12.5%+5.00 $25.00+ 1.17
Miami.Dade $12.95 $23.67+9.39 $28.00+4.31 $12.51 $28.61 +8.60 $25.00+ 1.17
$26.15+8.33
'Over $2M
,. Under $2M
Monroe $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Nassau $16.69+3.25 $19.92+3.37 $20.00 $14.14 $11.79 $26.19+9.55 I
i
Okaloosa $20.00 $20.00 $17,94+2.58 $13.53 $11.54 $13.53 I
t
I
Okeechobee $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Orange $11.00 $11.00 $20.00 $11.85+329 I $11.98 $15.04 I
Osceola $12.81 + 1. 49 I $14.00 $14.00+027 $11.96+2.94 i $1 1.98 $15.04
I
51
S2009-FL-OO 1
Issue Date: 12/ll/2009
Ex D 03105/20 10
(p. ate:
Weatherization Survey Wage Determination Existing Residential Wage Determination
(S2009-FL'()()1 ) (www.wdotgov)
Doors & HV AC, Furnace, Heating &
WeatherIzation Windows Carpenter* ElectriciM* Plumbtr*
Counties Worker Replacement Cooling Repair, Installation, (See Page 3) (See Page 3) (See Page 3)
Worfter Replacement Worker
Palm Beach $12.00+4.17 $15.00+4.54 $28.00+4.31 $14.45 $27.46+ 12.5%+5.00 $25.00+1.17
Pasco $10.00+027 $10.00+027 $12.00+0.65 $12.16 $11.98 $12.97
PineUas $12.00 $18.00 $21.00 $11.67+2.25 $11.98 $12.97
Polk $12.00 $18.00 f $20.00 $11.37 $12.66 $13.22
I
Putnam $13.00 $13.00 I $17.94+2.58 $13.29 $10.89 $13.00
Saint Johns $15.20+3.05 $16.25+3.02 $16.00+0.48 $12.17 $11.79 $14.80
Saint Lucie $12.00+4.17 $15.00+4.54 I $28.00+4.31 $14.89 $27.46+ 12.5%+5.00 $25.00+ 1.17
Santa Rosa $20.00 $20.00 $17.94+2.58 $12.95 $13.70 $13.24
Sarasota $16.00 $16.00 $21.00 $16.10 $13.15 $12.43
t
Seminole $11.60 $20.00 I $20.00 $12.09+2.95 $11.98 $15.04
Sumter $10.00+027 $10.00+027 . $17.94+2.58 $11.90 $10.89 $13.00
Suwanne $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Taylor $13.00 $13.00 I $17.94+2.58 $11.90 $10.89 $13.00
Union $13.00 $13.00 I $17.94+2.58 $11.90 $10.89 $13.00
Volusia $15.00+029 $15.00+029 $21.07 $12.97 $12.66 $11.37
WakuUa $14.00 $14.00 $17.94+2.58 $13.53 $11.54 $13.53
Walton $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
Washington $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
52
A TT ACHl\1ENT K
RECIPIENT INFORMA nON FORM
Please complete all information applicable to your organization.
1. Recipient's full legal name: 1'-10/...(R.o~ C()~
MDl'\roe. ColAJ1-ry :Boord of Collt1ty ~mMis5irmer$/ Socl~{ Serv~c.c:.s
2. The warrant will be mailed to the Recipient's address unless otherwise indicated:
Monroe. 0LlrH-Y Clerk- Df +k Co!}.!-/: j 500 lJki+e~wd 'S+;
City Jf- 1, ~5+--r-B- Zip Code: 330L-j 0
Telephone: 305'-~9'L-355D FAX Number: 305 -d-Dt5-3tofoD
3. Street Address (if different from above):
5~e....
4. Chief Elected Official:
~) ~rdh&rYI
(Name)
~)V:ia Mi.J.rphr (T,tl'l
E-mail address: bOCc.diS;) it MDVtroec.Ou.0fy-R,FAX Number:
( ().oV
5. Executive Director: J
~\~ &vLces ~(eLIDr
(Title)
MAYO~
305 - t.{ 53 - 8' 189
~@l'\f\y Koh.\~
c:\ ame
E-mailaddress:j(~-S~ ri- ~oy\.rOe(m"lfttF~Number: 305 - ~Cj5 -4.3.59
6. W AP Coordinator: J
Sh~ \ qirJt(3l(Y) or ~a\ \et\~ S1-eL\d~y 36C-'t::>\ Servl.ces D, rt:Lfe-r
(Name) (Titl - agency designation)
Telephone: 2C6-~<1~-LfS 10 FAX Number: 305' - :L9S -J.fb59
E-mail address:.~-.5~ery\~MOf\\.t)e.CO\...Lf\+t - -PC ;JO'lJ'
. \e-V- MC).\ l~ @ f"\..Dnn:::re COU-I'--h.J ,- . CVJ'.J
7. Finance DIrector: l . ( G
L~\L of fu Gu.cl-
(Title)
E~mail add",,, ~k \"'(f ~ !\A.""~ ~x Numb,,,
30S - ~'1~ - 3(;,00
53
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
:;;overnor
THOMAS G. PELHAM
cecretary
MEMORANDUM
TO: t/ MOnroeJ:;:ounty Board of County Commissioners
FRO~~'\~(\\: N'~Gempel, W AP Manager
! \, G\'?lo'~unity Assistance Section
I., '} /"
,..-"'" .~
SUBJECT: FY 2010 ARRA WAP
DATE:
February 5, 2010
Your FY 2010 American Recovery and Reinvestment Act (ARRA) contract for the
Weatherization Assistance Program has been approved. Enclosed is your copy of the approved
contract.
Should you need additional assistance or information, please contact your financial
specialist at (850) 488-7541.
NG/rw
Enclosure
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, Fl 32399.2100
~ ) :'~, - ,f 'j -1 ,"3 j ,L~ }. '_~ <J oj .-j j rJ 7 .' _i 1 r f ,; . ,V, 0 ) it?)
· COMMUNITY PLANNING c: " . FLORIDA COMMUNITIES fRUST' ". ': ;.
· HOUSING AND COMMUNITY DEVelOPMENT ,r, .
BOARD OF COL~TY CO.\[\IISSIO~ERS
\GE~DA ITE.\I SC\I.\IARY
\ kering Date:
01120/2010
Division: County.-\dministrntion
Bulk Item: Yes l
);0
Department: Social Services
Staff Contact Person: Shervl Grahamx-+SlO
\GE~DA ITE.\I \YORDI~G: Approval of the Weatherization A.ssistance Program.
\merican Recovery and Reinvestment Act Sub-grant Agreement L-\RRA \V.-\P).
Contmct# 10\VX-7X-Il-S-+-01-JI9 betvveen i\Ionroe County Board of County Commissioners
Community Services/Social Services) and the State of Florida. Department of Community .-\.ffairs for
[he provision of funds to reduce the monthly energy burden on lovv-income households by improving
[he energy efficiency of the home.
ITE.\I BACKGROU.:\TD: Please refer to attached application submitted on 12/2/09 by Monroe
County Social Services to the Department of Community Affairs and the Selection Letter from
Depm1ment of Community Affairs dated 12/1-+/09.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREE'\IENT CHANGES: N/ A
STAFF RECOMME~DATIONS: Approval
TOTAL COST: S 47.363.00
BLDGETED: Yes ----2L No
COST TO COUNTY: $0
SOCRCE OF FUNDS: Grant funds_
REVENL'E PRODL'CING: Yes N/A No
.\.""IOLNT PER: .\IONTH:
YK\R:
.\PPROVED BY:
;//:(
County Atty. L' Oi\IB/Purchasing _ Risk Management __
!
DOCC\IE~TATION:
included
"
---'--
);ot Required_
To FollO\v
DISPOSITION:
\GE~D. \ ITE.\I #
~<~\ "cd ,\ 1:'0
\IONROE COUNTY BOARD OF COUNTY CO~IMISSIONERS
C00iTRACT SC~IyIARY
Contract\vtth:\VAP(DC\) Contract: #IO\VX- 7X-II-54-01-319
Effective Date: 1-01 -20 I 0
Expiration Date: 4-30- 1 0
Contract Purpose/Description: Approval of the Weatherization Assistance Program (WAP) federally funded
Sub-grant Agreement Number I O\VX-7X-II-54-0 1-319 bet\veen \-[onroe County Board of County
Commissioners and the State of Florida. Depaltment of Community Affairs for the provision of funds to reduce
the monthly energy burden on low-income households by improving the energy efficiency of the home,
Contract Manager:
--/
! .' y
Sher) I Grahath!L.1/ i .# . .
(;\fame) j1'Jf
o 1/20!:20 I 0
-+510
(Ext.)
Social Services/Stop I
( Department/Stop #)
For BOCC meeting on
Agenda Deadline:
01/05/10
CONTRACT COSTS
Total Dollar Value of Contract: approx. $47,363.00
Budgeted? Yes X ;\fo Account Codes:
Current Year Portion: $_
County lvIatch: -0-
Additional ~Iatch: 0
Total Match $0
Estimated Ongoing Costs: $
(:-.lot included in dollar ~alue ahove)
ADDITIONAL COSTS
Iyr
For:
(e.". Maint.:nance, utilities, janitorial, salaries. ~tc)
CONTRACT REVIEW
Division Director
Date In
! fi c! li(
Changes
Needed
Yes / No
(
Date Out
-;/. Revit;wer
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Risk Management
O.~LB./Purchasing
?ilL
I
Yes I No I
'. .-/
Yes No
Yes . Nq
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County Attorney
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I
COlTlments:
O\IB Form Reyised 2/27/01 .\rep #2
.., I\T[ OF FLOHIO \
DEPARnIE\T OF CO'I"l \ITY\FFAIRS
,-',\ntr,,-:r \u!1lber 10\\ \:-'7\:-11-54-01-319
I\ITI.\L FEDER\LL \ -n \DED \\E.\ THERIZA TlO" ASSISTA.\CE PROGRA'I
\"ERIC\.\ RECO\ERY .-\'\D REI\ \'EsnIE\ T\CT SLBGRA'\T AGREDIE'\T
n lIS A.G REE\I E"iT is entered into by the StJte of Fklrlda. Department of Community Affairs. \\ I[h
:,eadquarters Il1 Tallahassee. Florida (hereinafter referred to as the "Departmenr"). and\lonroe County Board of
County Commissioners (heremafter referred to as the "Recipient" l.
THIS AGREE\IEi\'T IS E0iTERED INTO BASED ON THE FOLLOWIl\G REPRESENT.1.. nO\iS:
.'\. The Recipient represents that it is fully qualified and eligible to receive these grant hmds to provide the
.;ervices identitled herein: and
B, The Depmiment has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the temlS and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE. the Department and the Recipient agree to the following:
( j) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of \Vork, Attachment A of
this Agreement.
(2) Il\CORPORATION OF LA WS. RULES. REGULA nONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws. rules and
regulations. including those identitied in Attachment B.
(3) PERIOD OF AGREE\fENT
This Agreement shall begin January 21.20 I 0 and shall end April 30, 20 I 0, unless terminated earlier in
Jccordance with the provisions of Paragraph ( 12) of this Agreement.
(4) \IODIFICA nON OF CO"iTRACT
Either party may request modification of the provisions of this .'\greement. Changes which are Jgreed upon
shall be \~t1id only when in \\ ritll1g. signed by c:ach of the partic:s. and attached to the original elf thiS Agreement.
(5) RECORDKEEPI,\;Ci
! a) . \s ,lpplicabk. Recipient's performance lindeI' tI1lS\i!recment shall be subject to the Icder~lI
"("'l11mol1 RlIk: LI11for111 \Jmll1lstrati\e Requirements 1<11' SLife ~mJ Lxal Go\el11ments" 153 FeJcr.ll Re:,:l,ter
>;(I,q) ,.Jr U\[8 ClrclIl,lr '\0. .\-1 Ill. "G,ants and .\greements,lI[h In,lltut]'JI;S oflIlgher EJuc:ltll1n. !-Io'pILlb. .llll:
(}tj'cr \',mpl'Olir Organint/<Jl1s," ,end eltleer 0\18 CirclIlar '\.ll\-.S". "Cl,t PrinCiples t;Jr'itate llncl Lx:!
(pl'. cTI111L'I;t,,-" O\IS C;rc:,rl,-lf ,\" \-~ I. "e'"r I'll' Educ:;tl,-nal InSWUfI<ln,." ,)r (l\[S Circular \ci \_
I.:'~. "C~,t
fJr \~t~qlprorlt ()r:;~1r'HZJtjon:,. ffrhls \t:r~CI11(..'r:t jS 11!~~G": ',\irh 11.-"()nl:llerclLd i
.~ '...: \
,r..~, fL)r: _Ill ~': ,.>,~q-r':r)!F'\(lr:;<.:;llcr( L1l-~:-.IS. rh~ R~-:li)ir.:'!;t :-,h~dl :)(' SU1,~'IC',.:t ~~) FC'I..!l'ral ,--\'-'l;uj~,itlur; 1~C'~LiL;ri(')ji." _~ 1 ...
) ,; I '
,) fl,c: RC:Clplel~t sh~:II re:Llln sufficient re:curds ru She)\\ Its c()mpIUI1Ce \\ Ith tbc: terms elf rhl5
\;:'C:e:11eI1L ancl thc: ,;:clmpliancc: c)f all 5u0';:l1I1trJCt'Jrs e'r cl1J1sult:1l1ts 1':110 from funds under rhis ,l"",rc:c:mel1t. fJr a
'cl'kill ur' ti', c Veilrs tJ'om t;,e: J~lrc the: audit repon IS ISSUcU. and shall a1!e1\1 the Dep~lrt111C:l1t ur Irs c1eslg,nC:e, the SUte
r, >:d FInancial Officer or tl:e State .--\udiror General access ro the records UpeJl1 rcqueSt. The RccljJIc:nt slull ensure
':"t ,HldH \\ (lrKln:; p~lpers arc a\ atlabk to them upun rc:quest tor a pel'lOd of ti\e \c:ars trom ti:e d:1t..: ti:..: ~llldit 1'<':1'011
" hsued. unless c:xtended In 1\ ritm!;! by the Department. The tile Year penod rnay be extendc:d tor [he (()llu\\ II1g
~XCelJtlems:
, , r L111\ litigation. dalm or audit IS started bdore the tiv e year penod expIreS. and extends
'e\'ond the tile year penod. the records shall be retaIned until all litigation. cLums or audit tindings Imolling the:
records have been resol, ed,
1 Records for the disposition of non-expendable personal property valued at 55,000 or more at
the time It IS acquired shall be retained for five years after final disposition.
3. Records n:lating to real property acquired shall be retained for tlve years after the closing on
the transfer of title.
I 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 documentation of all program costs, in a fom1
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work _
-"..ttachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid trom
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.11l. to 5:00 p,l1l..
local time, on Monday through Friday. "Agents" shall include, but not be limited to. ~llIditors retained by the
Department.
(fJ) AUDIT REOUIRE\IENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
gt:nerally accepted accounting principles, to account for the receipt and expenditure of nll1ds under this Agreement.
I b) These records shall be available at reasonable times for inspection. review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of::-\:OO 3.111, to 5:00 p.m., local time. \Ionday through Friday,
IC) The Recipient shall provide the Department \\ith the records, reports or tinanclal statements upon
I'equest for the purposes of :llIditll1g and monitoring the funds :l\\Jrded under thiS Agreemc:nt.
I d) r t the ReCipient IS a State: or local gO\ emment or a non-protit org3nlzatlc'n as defincd 111 O\lB
('1 rcular \-133. as reI Ised. :wd In the e\ ent that the ReCIpient e'\pcnds S:,nn,nno Ill' 1110re in F eder~:1 .1\\ ards 111 Its
!is~al \eilr. the: ReCipient l11ust ;1:1\ C:i SIl1gle 'II' program-spec 1 tic :llIdlt cunductcd in :lcc,)rd~lJ1l'r: '.\ Ith the P:'U\ hl'JI1S
.:to\lB ClrcuiJr :\-1.'-'. :1S reI hed. E.\lIIBIT I to thls\.':reem<.:l:t sholls tbe: Fedcri111\~-;,.;urcc:, a'lardell
',>,: DC:ln:11l1ent 1,\ :h-; ,\"ree11:':l1t. !n.~etemlII1In" rl'e Feder::1 ,1'1 ards c\pen,..1d ill Irs ti'C.d \ e:::r. r,1C RCL!I'!clll
<.:111 ((ll~'!ekr all ',lIree, 'lf Fede::'al .1'\ 3r,:s, FeJerJI ,'e,,'urce:, :'C'Cel\ cd (;',';11 rl~c I ,~.C
p
.:'C:"l'II1,lt I \n .J r .lnUUJ:ts ~,t t cc!...TJI ,'''\ ,.rl:s c\;lcl1'.Jc:cl sklllid ~'e In JI.,,'c)rd.:l1ce ',\ 1 t:~ Lie ",Ulli-: lineS cst;; ,1 I~ !ie,: ;,\
iJ\IB Circ'lilar .\-133, ib reI, Isc:d. \n ;Iucln l]frhe Recipient cc1ndUC[eJ by the .\lIcltor Gcl1eu!ln ,lcc'or,;,]!'ce \\ it11
~.: :'(")\I';IOI1S l1T 0 \; 8 CircuLlr \-133,.1s re\lsed. \\ 111 meet [he rcclUlrcmenrs of [his !'ilr,igr::ph.
:I~ ccll1nec[IOn '.\Ith the ;1Lldlt requirements ;lddressed 111 thiS PilLigrilph I) !li) :lL','\e, the ReCipient sh:dl fultill
'>e :'cqulrel1l<:nts fllr aUGJke resp(llblbdities as pl'Ll\ Ided in Subpart C ,)fO\18 CjrCllI~r ,'\.-L'3.;lS reI, iSed,
[r'[1:e ReclOlent expends less thim S500.noO in Feder:1! al\arlis in its tisc:1! year. an :1udlt condUded In
.:C(l1rd:1I1ce \\jth [he 1'1'0\ ISIIHlS clfO\18 Circular \-133, as re\lsed. IS not reLllllrcd. In the c'\ent that thc' Reclpien[
c\!ieliclS less than ~50U,()OO in Federal :1\\ ards 111 its tisc1J ;. ear imd choclses to hn\ e nn :ludit conducted in
.cClJru:1I1ce \\nl1 the prO\lSlons ofO\fB Circlllar .-\-133, as re\ iseJ. the cost of the illldit mllst be paid ti'om non-
t ederal funds,
I d Send COpieS of report 109 packages tor audits conducted in accordance \\ jth O\IB Circular ,-'\-133,
IS reVised, Jnd required by subparagraph (d) above, when required by Section ,3'::0 idl. 0\18 Circular A-133. as
:'evlsed. by or on behalf of the Recipient to:
rhe Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.tl.us/
and
Department of Community Affairs
\\ieatherization ARRA Program
2555 Shumard Oak 80ulevard
Tallahassee. Florida 32399-2100
Send the Single Audit reporting package and Fonn SF-SAC to the Federal Audit Clearinghouse by submission
online at
http:,' harvester, census. gOV fae/co Ilectddeindex, h tml
\nd to nny other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (t). O\IB
Circular ,-,\-]33, as revised.
I t) Pursuant to Section ,320 (n. 0\18 Circular A- J 33. as revised. the Recipient shall send a copy of
[he reporting package described in Section 320 (c). 0\18 Circular A-133, ns revised, and any management letter
issued bv the auditor. to the Department at the tollowing addresses:
Depnrtment of Community .\ffairs
OffiCe of .\udit Services
2555 Shumard Onk Boule\ard
Ldlahassee. Flonda 32399-':: I 00
[also send an electronic copy to aur/Jla.parrish ii dca.state.tl.usj
Jnd
Department of C ommumt: Aff:ms
\\ ..:.lthenzatlon\RRA P:llgr:1ll,
2:':':' Shumard Oak BOUIe\xJ
L:i[;lh:1\See. F!onda 32J(N-2IIJ()
iJ,; ',.:
Jl11lffCO te) the DeO:lrfI11l:llt nlll'~llanr tu th~ ,-\lrc;eIl1ent in a';cc)rd.llh:e II Ith O\IB Ci!"~lll::r ,'\-13_'. Fk)"!lLi St:HlIks.
,,!~c1 ('kl[)[ers I n550 11,).;al g.(>\ ell1me!~tal enfltlc'; I '.11' 11)()5r) I r.,in!1l'orit ,led t~)r-pI'Mit or:':,llllz:H:on,;!. Rll!.:s lit the
\lI,jj(ur Gener:\I. :lS ilpohcJbk.
,h I Recipients sl1ullld state' the d:lk that the ;'epc)rtlIlg p,Kbg.e 1\:15 ddl\ered w the Recqilect \\ n~'I'
'1I0I11JtfJng. tir.anclal reportmg packages to the Department kr :llldlfS done 111 ,1c.;ord,liKe \1 ah 0\1 B Cil'cul:1l' ,\_, 33
11' C::1DtcrS 10.550 Ilo.;al g.l)Vc'n1ment:11 entIties I c)r 106.'0 (nonprotit ilnd tor-protit organiz.ltions J. Rules of the
\lIditl)r G<:ner:l1.
I I ) r f the :mdH ~hc)wS th:n all or :111\ pc)rtIon of the funds c1iSbUl'sed \\ ere not Spent 111 accurdillKe \\ Ith
,Ile ('unditlOns Mthis .-\.greement. the Recipient shall be hdd liable tor reimburs<.'l1lenr to the Depal1ment cifelIl funds
not spent in a,;,;ol'lian';e \vith these applicable regulJtions and Agreement provisions within thiny doys after the
Department has notified the Recipient of su.;h non-compliance.
I J) The Recipient shaIl have all audits completed by an independent certitied public OCcountant IIP.-\').
either a certltied public accountant or a public accountant licensed under Chapter 473. Fla. Stat. The IPA shall state
rhat the 3udit complied \vith the 3pplicable provisions noted above, The audit must he received by the Department
no bter than nine months tram the end of the Recipient's fiscal Year.
('7) REPORTS
13) The Recipient shall provide the Department with monthly and semi-annual plus a close-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 any other information requested by the Department.
(b) Monthly reports are due to the Department no later than 15 days after the end of each production
period ( first day through last day of each month) of the agreement period and shall be sent each month until
submission of the administrative close-out report.
(C) Semi-annual reports are due to the Department no later than 15 days after the end of each semi-
:lnnual period, The ending dates for each semi-annual period are September I and ,\1arch 3 I.
I d) The close-out report is due 30 days after termination of this Agreement or 30 days after completIOn
of the octivities contained in this Agreement. whichever first occurs,
(e) If 311 required reports and copies are not sent to the Department or are not .;ompleted in a monner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
'Jther action 3S stated in Pamgmph I J I) RE\IEDIES. "Acceptoble to the Department" means that the work product
I\as completed III accordance with the Budget 3nd Scope of Work.
(f) The Recipient shall pl'O\ide additIOnal prognm upd:1tCS or intC,mlatiol1 that may he reqllired by tbe'
,: I B\ t"'c' d:He due. ,~I:l: :111\ rep,_ln~. nUl1ii",CI:lel1t l.etter. \)1' \'t:1<.'r 1l1t',)rm~:tl,'n re~llIrr<:l: 1\) :le
Department,
Ig) He ReCipient ,hail pru\ Ide .1l:dltlOnall'q1orts and II1foIl11Jtr,]n Ilkl1trticd in .\tucilment 0
") \IO\lTOR1\G
file ReCipient ,hJlll1wl1Itl,or Its perfonlnnct' Wider this. \gl'ee111ent. ,J, 1\ ell ,15 (h,l[ "I' w; "ur';(Ir:rr,k"t,'rs
.cnJ c"nslIlt:lIHS ,,\h,) .ll'e 1':lllJ from flll1t},; pW1 I,;led lll1cia thl"\:,:ret'llkl1r. [,) t'1"UI'<: ii'.:[ f!ille 'ci:eJuic:, "re
:11et. ti'e 'ichedllle ,)1' Deil\ eLli,!.:s :",d Scope elf \\ '.\r1\ ~::~<: hell1;! ,iCCUIl1i"hilc'd '.\ Ithl: t:~e >i'ec1 tied lll11e !'<:r:"ch. ,~i~d
> .:'~ ---
r ,:~ (..';0 :Jt..~ rf (l,on!'_: f' C r.:
:: rc
:k,l~lt\ cd. ,\ ;\::'.-I~\\ ~>ld! be \.;',}llc (tn" eclcl1 fUrll...-rJ,'n c:r ::LfI\ r~\ lJ, \nl~c:~;ncl1r ~ t~l
- , , \:,.:rceillel:r. 'L11,; rcpurtcd 111 the l]uarterh 1'<:pon
,:ddlfll,n tll rc\ le\\s 01 JUdItS Clll1duCtc'd 111 accor,i.mcc \\ Ifh para;;rJph 10 J ,;DO\e. Il1l1l1ltUrIn;;
''''Xt'uures 11L1\' l1:cluue. but not be limited to. on-~lfe \l~ltS oy Department starf Dt'p~lrtmeJ1[-coJ1[racfc'J mOI1Jtormg
~1:Ot!eS 'Jr "ther Jgel~ts. IJmlfc'd SCl1Pe ~llldlts. :;nd or other i)f,xedures. The Rc'c'lplel1t ~lgn:eS to c'eJmpl,'. JIici
.l:"i)er:ne \\ Irh JO\ monitOring procedure~ proce~SeS deemed Jppropnate by the Dep~lrtment. In the e\ent that the
[)epanl11ert determines that a limited scope audit elf the Recipient is dppropri::lte. the ReCipient '1grees to cumply
\ Ith ,In\ ,1ddioooalll1st!'Uctlons prO\lded by the Department to the ReCipient regarding such audit. The ReLlplent
tllnlier ;lgrees to comply and cooper:lte with :1I1y inspections. re\lews. il1\estlgations or .1udits deemed necessary by
[he Flonda ChIef Financial OnIcer or\uditor General. In addition, the Departmenr \\ ill monitor the perrormance
.L1ld tin:mcial management bv the Recipient throughout the contract tem1 to ensure timely completion of all tasks.
II)) Ll.\BILlTY
1.1) L'nless Recipient IS a State agency or subdiVIsion, as defined in Section ~6S.28, Fla. Stat., the
ReCipient is solely responsible to parties it deals "ith in carrying out the tem1S of this Agreement, and shall hold the
Department harm!t:ss against all claims of\\hatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
I b) A.ny Recipient "hich is a state agency or subdivision, as defined in Section 768.23, Fla. Stat..
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
tCmh in Section 76iU3, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to \vhich sovereign immunity applies, Nothing herein shall be constmed 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.
(l0) DEF AUL T
If any of the following events occur ("EYents of Default"), all obligations on the part of the Department
to make filrther payment of funds shall, if the Department elects, terminate ~lI1d the Department has the option to
exercise any of its remedies set forth in Paragraph ( II). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and" ithout becoming
liable to make 'lny ftll1her payment:
(a) If any warranty or representation made by the Recipient In this Agreement or any pre' 10US
,1grec'ment with the Department is or becomes false or misleading in any respect, or if the Recipient tails to keep or
perform ~1I1Y l)f the obligations. terms or co\.enants in this .\greement or any pre\. IOUS agreement \\ ith the
Department and has not cured them in time!,'. tashion. or IS unable Ill' 1I11\\r1lin~ to meet its c1blIgatlons under thh
\ :,'reement:
Ih) [1'materIal :ld\erc,e ch:m;;es UCLllr 111 the fin.lI1cwl c'cnditlon dthe Reclpiel~t ::t .111\ time dllrll1C! the
kT~11 ,'f ':11, \:;reement. ,111d 1:1e ReCipIent f\i1, III eu:'e thiS :ld\ croe Illt;;I[; , 1'rl1m t;1C d::tc 1\ rmen
1:11l1CC I~ o<ent h r:;e Dcp~irtmtTt
f ,:; I I ( ,Ui ~l r\.:'pl)rh
;1\ rh" \;r~cl11c'nt
I~' rt1f 'c:ee ~Uif:llitL>j (II r;;-:
(!t" i~J>, ~ ---";-:1;
",ij;iTl1ittCtl ',\;rh !P,_'(~!T;;":L
l--':li lll:,utY;\.-'!-;,::Tlf !nt~-1:-:11c1th'lj;.
, ':~ \c.:rce:lllelH.
: ;ftl:e: R,"CII'IC11l ius (,1I1<:d t,) !'.'!"iWIl' .lrel \.'c'l11i'!,ctc In tll11cl:- T~;,;ll'JI; ,111\ ,If It~
1:":'<.-l[JlJJ:~ UI.d.::'
! II RE\IFIJIES
; I ell; E \ e:nt of DeL1ult occurs, tl1e:n the Department l11ilY. lli)OI1 thIrtv c'aie:ndar davs \\ rJ[tel' l:e1tlCe ru the
'\cCIL)lellt l1nd up"n the: ReCioiel1t'~ LlIll/re to cure \\lth111 the)se r11m;. d:i;. s. e'\<:rcISe' all;' one' ,)I" lllore' oft!:e' full,)\\ Il1g
el11e,1IeS, either c'oncurrentlv or conse'cutl\elv:
- -
11 T crml11:lte thiS, \greement. pro\'ided that the Recipient I~ gl\ en at least th1!1\ da\ s onor \\wten
n.,'tlce c)t sllch te!1ll1natlon, The' notice' slull be dfe'ctlve \\ he'n placed m the Lnikd States. tirst eL1SS mail. ~10St;1!le'
.'l'epald. b\ regIstered or certitied nmd-return receipt requested. to the ;1ddress Set forth in p;1ragr;1ph / 1-') herem:
! [)) BegIn an appmpnate legal or equitable ac:tion to enforce pcrfornlance of thIS A.greemcnt:
Ie) \\ Ithhold or suspend p;1yment of all or any part of a request for payment;
I d) Reqlllfe that the ReCipient rehllld to the Department any monies used for ineligible purposes under
rhe laws. rules ;1nd regulations governIng the use of these hmds.
I e) Exercise any corrective or n:medial actions. to include but not be limited to;
I. request additional information from the Recipient to determine the reasons for or the extent of
non-compliance or lack of perfomlance,
1 issue a written \\aming to advise that more serious measures may be taken if the sihlation IS
not corrected,
in question, or
3. advise the Recipient to suspend. discontinue, or refrain from incurring costs for any activities
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be othef\vise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in thiS
Agreement or fails fa insist on strict perfom1ance by the Recipient, it will not affect. extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department tor any
,)ther default by the RecipIent.
(12) TERvIlNATION
(a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can IJ1clude misuse of funds, t[;1ud, lack of compliance with applicable mles, laws and regulations, t~lilllfe to perform
in a timely manner. Jnd refusal by the Recipient to pern1it public access to any document. paper. letter. or other
marenal suh/ect to disclosure under Chapter 119. Fla Stat.. ,1S ~lJl1ended,
(b) The Depal1ment may rermll1ate thiS :\grc:ement t,)r con\ enicnce or when It detennlnes, JJ1 Its sok
';lscrdl\ln. that etJntlnulng the .\greemcnt '.\ ould not prodUCe benefic!,ll rcsults In line \\ ith the further expenditure of
leill,!:;. '1\ l'ft1\ IdJl:! the Recq)lent \\lth thin\ cllenti"r ddVS prll.lr \\ mten notice,
I C) The p~lrtles m;1) ll",ree to temlinate this. \greement 6)r r!1clr :l1utu:d com enlCt:ce
,-1 \\ rJttc:'1l
,:nel1,jment Ilft'lh\'2!'eemcnt The ~1I11endl11ent .;11:1/1 'f:lte the erkctll e '::,re 'Jft!:c tC!lllJ1L:tIcn ::J:J the
: -:r ;')p,1r't?r \..'!I \:-,c'Jur \,~f rhe \:zreernt..:t1L
-' (j
;n Ih:: c\ ern t:~:lt tLL) \~rcc;ncl:r l~ t<.:r!11!J~~H~l~. rh...: H.C'Cljll-.:rr ,,\ llJ J'ic'\[ ~Jh_:llr jl_"'\ .<):}ll;'~i.tJi~)r.:' [('1' fl,__,
'c:'illil':itcU i1,lrflcll1 uf [hc'\~reell1e'11t :lftc'r ti~e' Re'cIl11e'111 has re'ce!'. e'd the' l~utJti"::i[lc1l1 ,1t I ,T:ll111.irilll1. Ti'c' Re'l',Ple'111
[I L',1r~..:c:l ,15 '11:1I1\ outstal1d1l1g: OOII.,,:ltlclI1S ilS !Jl1SSlok C 0sr, IllcurrC'd ,lttC'f ;-c'C~Ii'1 of II;e tcrrnil1:ltl0l1l1l1[1":c 'Iii!
,"~ lllsillkm e'd. fhc ReciDle'l1t SI1i11l110t bc rcliclcd of 11:101l1t\ to tl1e Depart;11el1t beCJU'e' ULll1\ :)i'eacI1Jf
\"r'cc'lllent b\ Ih: Recipient. Th: Dep:lrtm':l1t 111av. to Ihe e\tent aurhonzc:d bv b\\. \1 Jlhlwld Dil\ mel1ts to [h.:
RcCIDlent for t'le' purpose of sCf-off unt1l the eX:1U :11l1,lUllt of d,lll1Jg:eS due' the De'pi1I11l1e'nt ti'o'11 the ReclDlent I:>
,i~renl1l11ed,
.<13\ '\OTlCE\.'\D CO"\T,\.CT
',11 \1/ notiCes prOlldc:d under or pursuant to rhls-\.g:re.:ment shall be in \1 i'ltltlg:. c:Ither by hi1l1li
',:eli\ cry, or firsr class, certltied maIl, return receipt requested, to the representative identJtied below at rhe' .lddre5S
'c:t fonh below :ll1d siud notitication attached to the original of this Agreement.
I b) The name and address of the Division contract manager tor this Agreement IS:
\'orm Gempd
2555 Shumard Oak Boulevard
Telephone: (1\50) 488-7541
Fin: (850) 488-2488
Email: nonn.gempel(lidca,state, n.lIs
(C) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
(Name)5h~ ( Gra..~..a.m \ So~o-l ~ D~~ LL'
(Address) \i~ 2>~~...J ~Tr~ <-+ ) Sv.:ltc-- ~r2S7
Telephone: ct::0'J 2<tt... 4151 0
Fax: ~~S) 2...q~ -l{ 35']
Email: ,<L'. I
Gr~~ ~ S~ '\ id., t-Ui'-f\..~ C.6!.viL~ _. -+ L q Q 'J
~ (---/ <,,--,'
(d) In rhe event that difterent representatives or addresses are designated by either party after
execution of this Agreement, notiCe of the name, title and address of the new representative \1 ill be provided as
~tat.:d in 113)( a) abOle.
(14) Sl'BCO"iTRACTS
[f the Rc:clpient subcontracts i1ny of the \vork required lindeI' this .-\.greement, a copy of the unSigned
'iuhcontract must he fOf\\ arded ro the' Department for reI iew and appr0'ill betore it is .:wcutcd hy the R"'clplent
fhe Recipient agret's to include In the suhcontract that I I) rhe subcontractor is hound
the terms of thi, ,\~2I'e.:ment.
I II! the: suhcuntractor IS hound by all .lpplicable state lu~d fcderili 1:1\1, imJ resulatlons. il11d (II! I rhe 'UtlCllntri1d,\r
';uhcl'nrrJctor's perttlrl11arKe "f \\,jrk U1:der thIS ,\!reement. ro the e,tent 111101\ ed "nd re'ilJlred h 1:1\1 Ti'c'
<-,1;11 h,:dd I;~e DepiJrtl11.:nt 111:d Reciplellt I;;mnkss aililll1st all ,:lall1]:' 'Jf \1 h:lte\.:r narure anslng ,'llt ,If rile
<Jail d,'clll1lcnt In rho?
r(.'~l('\rt tl~t' ~Ul"(l:lltr::1(tor'" r'r.~l~:;':.:''';;~ in
:ts \\ l):'~ UI1(;cf \]"1"
\ ~_r~~:...:;11cnt
C,~,~t, ,Lll'dl~tl'~1crUl' I, ~l Jnilll'l'ity \ c:ndol'. ~":s lldi!1('c! 111 ScCfllln .:;.\.\. -OJ, FI~l St:lt,
-, " ~,l_<~ :lii'C,intL,Cr. ::1: R':CII'Ie'U ,lull ,'1',.\\ Ide: II \\ ntkn :,r.ltCI1~cTt tu <~e: Dc:p,lrtmcIll ,1.'. f,. )\ .~ct:',T
! ~, ~fR\l..,.\ \,D CO\,DITIO\,S
,1'1) \TT\Cll\IF\'TS
n:~lS ..\gl'e'C:I11Cnt contaInS ,1Il t11.; kmlS and <,:ol1ditlons ,l:2Tc'c:d upon by the' p~lnle.'s
,~11 .\ll .Hta<.:hI11c'nts to rnis .....gree'I11e'nt are in<.:orporllted as jf set out hilly
'Lll In the e\ c'nt of IlJlY II1conslstcn<':Ie'S or contlicr De't\\ee'n the Lll~guage' c)f this \,:,re'e'me'l1t 11I1d the'
..tf.1chme'nts. the' bn;uage of the' attachments shall COl1tro!. but onh to the c'xknr of the conTliCT or II1COI1SI~tene:\.
I,') This ,\gre'emel1t has the 1'0110\\ Ing attachments (check all that are applicable.'):
[SJ ExhIbit] - Funding Sources
[SJ .-\ttachment A - Scope of Work and Budget
[SJ .\ttachmc'nt B - Program Statuks and ReguLltions
[SJ-\ttachment C - Recordkeeping
r3J "-\ttachment D - Reports
[SJ Attachment E - Justification of Advance
[SJ A.ttachment F - Warranties and Representations
r3J Attachment G - Certification Regarding Debamlent
r3J Attachment H - Statement of Assurances
r3J Attachment 1 - County Allocation
o Attachment J - Special Conditions
LSJ Attachment K - Recipient Infonnation Fonn
(17) FUI\DINGiCONSlDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in
the satist:lctory perfonnance of work hereunder in an amount not to exceed $ 47.363.00, subject to the availability of
funds,
(b) .-\ny advance payment under this Agreement is subject to Section 216, 18l( 16), Fla,Stat., and is
contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this
,\greement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within
the tirst three (3) months of the contract term. Any advance paymenT is also subject to federal 0"18 Circulars A-).i-.
A-I 10. .\-In and the Cash \Ianagement Improvement Act of 1990. Ifan ad\ance payment is requested below. the
bUdget data on which the request is based and ajustitication statement shall be included 111 this Agreement ~lS
.\ttl<.:hment E. Attachment E \\ ill specifY the amount ofad\ance payment needed and prO\ide an e.'xplanation of the
l1ecesSlty fl'l' Jnd proposed use of these funds.
o . \n ,1d\ance p,lyment is requested In the amount I)f S
It
-~~~~--~--~.------~-
I ~J:c(k cll:d (<Jfllpletl'
ReCli11CI1t ~l~:'cc:S w c\pend funds 111 i:ccord.111<.:c'\ ith tile Buddet ~i11d S':oi'e \1f \\ ,or!". \tt.:c!,:11e:;,t\ "frhl'
1,1 .\t'ter tbc: lI:itlal.1d'.,1J1ce. ,f{"lm. 1'1l\il1e.'llt SILlll i'e made en a rel11111ursc:mcnt (lllSJ, .is 1'C:c(kd
T'
1,1C
\~rct:'111cl~r
i 1 c) :t' ..:
fl'ri~(> !~C\.'C,\~,;!':' t'U'~(~S ,'!re 1':I~lt:1\ '.1ddiJle tc'l ftln..! t)~i:s _\;rt.?,::nc'!:t ,]:j ,; r~~ult ,~'\f:l,.:ri\.1I1
r::e L ,1![cll
", .rc:s l'JI;!D'<.~oS. t:1e t~cienl Ofticc of \I:ln~igemem ~,,,d BUeJgenng. the St;1te Chid FJll~lI:cl,:1 Ofticer. or lll:d<;.T
r I q I( h) ,_,f this .\grcement. :111 oblig:1tJol1s on the pan of the DepanmclH to maKe any r'unl:cr pm';1]ent
.( funds si:all tcrminJtc. ,1l1d the ReCIQient shall submIt Its c!OSCllut repon \\ltnlJ1 thirty ,bys of recel\ II1g nonce
.;....1] rJ:e Deoartmenr.
Ii \) REP\ Y\IE'\TS
\ll rehlnds or re'DJyments to bc mJde to the Department under this\greel11ent ,Ire' to L1e m;lde p;1\abk
ell tho order of "Department of Community Aft:urs" Jnd mailed directly to the Depanmellt ,It the tl,IIO\\ Il1g Jddress;
Dep,mment of C ommul1lty Affairs
Cashier
Finance and Accoulltmg
~555 Shumard OJk Boule\3rd
T:1lIahJssee FL 32399-2100
In 3ccordance with Section 215,34( 2), Fla, Stat" if a check or other draft is returned to the Department
for collectlOn. Recipient shaH pay to the Department a service fee of Fi fteen Dollars ($ 15.00) or Five Percent (5"',,)
uf the face amount of the returned check or draft. whichever is greater.
(19) \IANDA. TED CONDITIONS
(al 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 later submission or
response to a Dep3rtment request, or in any submission or response to fulfill the requirements of this Agreement.
-\11 of said information, representations, and materials are incorpomted by reference, The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient. cause the temlination of this Agreement and the release of the Department tram 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 be in the Circuit Court of Leon County. ff any provision of this
Agreement is in contlict with any applicable statute or rule. or is unenforceable. then the provision shall be null and
void to the extent of the contlict, and shall be severable, but shall not invalidate any other provision of this
\greement,
(c) Any power of approval or disapproval granted to the Department under the ternlS of this
,-\greement shall survive the ternl of this Agreement.
I d) This .-\greement m3Y be executed in any number of cOllnterparts. anyone of \\ hich may be taken
as an original.
I. d The RecIplc:nt agrees to comply With the, \mencans \\ ith DIsabilities .\ct i Public Lm 10 I-JJA.
j~ L SC SectIOn 12101 ~t seq) cllld the Flonda Cn il RI",hts and Fair 110usIl1g .\cts l.;ectlollS '600 I __ '1>(1..1-,
,:mplli\ lJ1ellt. publiC aCl'clm111l)d:ltlons. tr:mspl)rtatlUl1. state ;llld klcal ",0\ emment scn Ices, and teIcCC1!l1111UI1JC:itIGI1'.
FI,'rlch Sututes 1. \\ h,,;h prohibit dlscrimll1ation :1\ publiC Jnd pn\ ate entitle, ,In the basIS of Jlsabillt\ III
in \ I'efson or c'r",aI1IZ:1tlcn \\ h" h,iS "een placed on rhe C,'I1\ !ded \ enG(lr iJsr f,)lkm 111g J ~'c'l1\ Idlel1
1.11' ,l ci11It\- (Cline' <,.'Jr IJr1 the dlSC!'ln11nJr()I~' \'ClhiClf Ibt rl1~:Y !lut subn11t ~1 ;:'ld ()/1 a t,>)!;rr~1(t to ;11\1\ Itl~ In\
(,lr :--c'!\, rc~-; to ,1 public I....JHIt:-~. il1a}- l1(it "ubniir:-i hId I,le J ('(\l1trJct \\ irh ]
c:nt;['. f,~\r t!~c ((11;'r!lJ~ndl1 iJ~'
(' ,','
:",~,t. ,'T ,: :'L1'lle Llu:ll:Jllg 'ell' PULl!!C \1 .~'r!.;. ilL::. r1,1t Slillll1It :'Ici" ,'n J,:,!"c:s u("c~d prcII'.:n\ tL) ~l ,lU:):'l <:11[,[\. !Iid\ n"t
'10.\1 111\led 'J!' pert<Jrm \1 ork ,lS II contrJctor. SUpplier. sUDcuntr,lCt')r. 'x cUI'sult.1nt lind",r a l'lJf:traCt \Ilth
crint\. .d1G 1111'\ not tr:111S,lCt bUSllleSS II Ith ~1ny public entity in e'lCeSS elf S::5.0(Hi.UO tor ~l pei'llld tlf 31i nh'nr!" tl'clil1
J'C ,brc l,f (,emg pbc",d on the Celf1\iCkd I lOndoI' li~t or 011 tile Ji~crnl1ll1atory \ elldor !ist,
2' I \nv RceipJent II hlch rs nor :: loe~d !:,Ol enlI1lcrH 'J!' ,tlite Jgen<.:y. In,i II hleh !'e<':eJ\ ,::; funds under
,IllS .\grtt!11enr trom the feda::1 gO\ emrnent, certitits. to the best of ItS knowledge and Ot!ier tilar 1[ 11I1d Its
'I'I11Clp::1S:
I. .Ire not prtsently dtbll!'rC'd. suspended. proposed tix tlt:barmtnL declared indi :(Ibk. <-11'
.. uluntllrJlv excluded from cm'cred transactIOns by a federJI department or agency:
hJve not. wlthm J :'i-yeJr period preceding this propoSJl been com Icted ,If or had J1 Cl\ 11
,i udgmenr rendered against them tor commission of thud or J cnrninJI otfense in connection \11 [h ootail1lng,
attempting to obtain. or pertorming a public (federal. state or local) transaction or contract under public transaction:
IwlnfIon of federal or state: antitfllst statutes or commission of embezzlement, thett. forgery, briber;.'. t':'dsitication or
deS[fllctlOn of records. making talse statements, or receiving stolen property;
3. are not presently indicted or othenvise criminally or civilly charged by a governmental entity
( federal. state or local) v\lith commission of any offenses enumerated in paragraph 19( g )2. of this certi tication; Jnd
~. have not within a 5-year period preceding this Agreement had one or more public transactions
(federaL state or local) terminated for cause or default.
[fthe Recipient is unable to certitY to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's perfornlance and obligation to pay under this Agreement is contingent upon
In annual appropriation by the Legislature, and subject to any moditication in accordJnce with Chapter 2 I 6. Fla.
Stat. or the Florida Constitution.
(i) ,\11 bills for fees or other compensation for services or expenses shall be submitted in detail
''lIftlcient tix a proper preaudit and postaudit thereof
U) ,\ny bills for travel expenses shall be submitted In accordance with Section 112061. Fla. Star.
(k) The Department of Community Aftairs resen'es the nght to unilaterally cancel this Agreement if
the ReCipient retllses to alJow public access to all documents. papers, ldters. or other material sublect to the'
pro\isions of Chllpter 119, Fla. Stat.. \\ hich the Recipient creJted or recei\ed under this, \gre'ement
II) If the Recipient IS ll11o\led to temporJrily Inlest all'; ao\ancC's of hmo, unda thls\,:,reemc:nt. JI':
IIHerest Ir~C')l11e 'Juil either bc: retun~ed to the DepJrtment or be applied .1t!llll1St the Dep::I11ment', ul'IJ:,:arhll1 to pal
r;~c: ',OI1trclct ;'ll1ount.
1m) Thc Sute .}f Florrlb \1 ill not Inkntlon;lllv 11'.1 arJ publrch-tlll1ckd Cl'l1tl'~lctS lel ,d<l C"l11trJct'~r \\
"l. SC S'_'cti(111 1~~j.lIcl SeCfI.\11 :-.1\le) oit!:" Imml:,:r.1tI('11 :mJ \.itl'\11~ilJt\ \ct ,"{", \"1 T'ie Dep;d1:nC:J1t
',110',\ 111,:,1\ Cl1lpi'F' Ii!L1tlthori7cd ,lIen \Illrkel", 'CGlhtltUtll1g :l '. J'bu.)n (If th", e;lll'kl\ 111CIlt pr',t\bl.ms cic)!il,llil"'ll il1
:~ ! I
I:Jr:' 1..1.'1' :h.. ell~pL):. ill':Jlt by ,:T1\,'(JrltIaL'L'1' .) r U1Lidtl ,1['!,:eci :t! IL'ns :1 " Ic'LltIUI1 of SeLfJOI1 .:: -..: \, e I ,j r r>.: r', \.
S 1I,:h " Ie) Lltl<JI1 D\ the Recipient of the employmellt IJrO\ IS}')I1S cL1nWIne,i 111 Sectiull .:: --I \(.: i uf rIle 1\. \. SilJII ,'e
;~"lInds t;,r ul1IIateral ..:rd1ceILlt},'11 ,)f ths ,\greemcllt :1\ the Dep:mmeI1t.
I'i Til<.:' Reclplem IS SUDI':ct to Flonda's Gc)\el11m<.:'lH 10 tIle Sunshlt1<.:' Law I Seowl1 ':::)6.0 II. FL1.
"r:1L 1'.\ Irl1 respect to ril<.:' l1ledll1gs of the' Reciplent"s gL1\ eml11g board or the meetings of :111\ .;ulxLlml1lJtree I11:1KI[;",
recommel1CallUI1S to the gO\ <.:'ll1ing board. .\1I of these meetll1gs shall be publicly notIced. ope'I1 to the publiC. and
':le 111J!:uteS l)f all the me'etl11gs shall be public recl)rds. a\ ,11 LlbI.: to the public 111 accord.mce \\ irh Ch:1DtC'r Ill). FI:l.
" LIt.
"JI\1l1lI1mallut:1ctured and l11Jl1ut:lctured artIcles, materIals. and supplIes \\ hlch are acqUIred tlJ!'
,1ublic use under thIS AgreemeI1t must have been produced in rhe L nlled States as reqUIred under -II L. S.c. lOa.
ul1less It would not be in the public interest or unreasonable 111 cost.
(20) LOBBYI.\iG PROHIBITIO\l
! a ) .\i 0 timds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislatIOn or :my other official action by the Florida Legislature or any state
Jgency.
and belief
(b) The Recipient certifies, by its signahlre to this Agreement, that to the best of his or her knowledge
I, 7\10 Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, 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 .\Iember of Congress in connection with the
awarding of any Federal contract, the making of Jny Federal grant, the making of any Federal loan, the entering into
of any coopemtive agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2, If any timds 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 Jny agency. a :-'[ember 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 Recipient shall complete and submit Standard FOffi1-LLL "Disclosure
FOffi1 to Report Lobbying."
3. The Recipient shall require that this certificatIOn be included in the award documents for all
subawards (induding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subreclpients shall certify and disclose.
This certitication is a Illaterial representation of t~ct upon which reliance \\as pbced when thIS
transactj,)n \\as made or cntered into Subllllssion of this certitlcation is a prerequistte tt)!' making cr entcrin:llnto
thiS transactilln imposed by Sectil)11 ] 352. Tttle 31. L S. Code. . \.11\ pason \\ ho falls to tile the recilllred
ccrtlticatiLH1,hal! be suhleU to a cm! penalt\ of not Ie,s than S I O,!iOO and not :1111re tlnn S I 00.011{) for each SUch
t.il!urc
,:1 i CCWYRICIH. P\TE'-., T\.\D TR\DE\l\Rf\.
\ \ '\ .\ \0 .\LL P\ TE.\iT RIG/ITS \CCRl/\G l \OER OR 1\ CO\ \ECTlO\ \\ IHI TIlE
PERfOR\I\\CE OF THIS .\GREDIE\T\RE HEREBY RESER\EO TO THE STUE OF FLORID\.
il
\ \ \ \ \0 ~I I COP, RIGHTS \CCRll\G l \DER OR 1\ CO\\I::CTlO\ "ITH THE
PERFOR\I.\\CE OF THIS AGREDIE\T\RE HEREBY TR.-\\SFERRED B\ THE REClPIE\T TO
TIlE ST ~ TE OF FLORIDA.
.1) It' [ice Reciplenr i~.1s ,1 J))'e-eXIstmg p~ltent or c(Jpyn:;llt. the ReCipient s;1.111 reulJ1 JI1 :lgi1[:; .1I1d
:rt:tjcmcI~ts t,J t!ut nre-exIstlng patent or cc)P:ng'11t unless the A.greemenr pro\ ides ,Jt:1Cf\\ Ise.
:)) If ~ln\' dISCcJ\ ery or 1m el1tion IS de\ eloped 111 the CL)UrSe l)f ,or as a result of 1\ ork or C'eJ'\ICeS
'ert,)r:lleO under this ,\greel1lent. or In any 1\ ay connected \\ Ith it. the ReCipient shall reter the dlscO\ ery l)r
Il'. Cnflon fl) the Dt'partmcnt for J dett'mlll1ation \\ hether the Statt' of Fl\)rida ',\Ill Seek p,ltcnt protection III its n,lIl1t'.
'\.n\ p~ltt'nt nghts accruing under or m connt'ction \\ Ith rht' pt'rformance of thIS .\gret'mt'nt are reser. ed to the State
,A Fkmda. If Jny books. manuals. tilms. or otht'r copyrightable material art' produced. the Recipient shallnoufv tht'
Department. Any copynghts accruing under or in connectilm with tht' performance under this .'\.greement are
transt~!Ted by the Recipient to the State of Florida.
I C) \\ ithin thirtv days of execution of this ,Agreement. the Recipient shall disclose ~1I1 intellectual
propertie:s relating 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 re:tain all rights and entitle:me:nts to any pre-e:xisting intellectual property
\\hlch IS so disclosed. Failure to disclose will indicate that no such property exists. The DepJrtme:nt shall then,
under Paragraph (b), have the right to all patents and copyrights which :1ccme during performance of the Agreement,
(22) LEGAL ACTHORIZATlON,
The: Recipient certifie:s that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the e:xecution and acceptance: of this Agreement. The Recipient also certifies that
the undersigned person has the authority to Ie:gally execute and bind Re:cipient to the terms of this Agreement.
(23) ASSLJR.A!\iCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachme:nt H.
"T\ TE OF FLORID.\
OEP\RT\lE\T OF CO\1\1l \In HT\IRS
fEDER\LL \ Fl.\DED SlBGR-\ \T\GREE\IE.\T
SIG\\TlRE PAGE
(~'~'IHract \umher 10\\ X-;X-II-5~-UI-319
rile \...LI\
\ \\IT\ [SS \\1 lEREOF. the p:lrtleS h;1\e executed thiS ..\g:reemcnt hI' their cluly authorIzed llt'ticers ()Jl
'.\)[]' hand y,\lr set torth he/mI.
REC:Plf', r
\Ionro(; (""i'fY B~_:u:dqfCounty Commissioners
, -._-_,1--1'
B~~>:; ~/ ~~ (~// ~/ ,,/<t'~,~~: 1/20/10
(AuthorizeaStgnature) / /'
-I
DE9fi\I.~, T OF CO\L\1L :\ITY \rFA~IRJ;Sj
~ ~'lte::// Jf /0
(, \uthoflzed \
Sylvia J. Murphy
I Print Name)
Tp;pe Name: Janice Browning
"--/
Mayor/Chairman
Title: Director. Division of tlmu,ing
,md Community Development
Title:
,:1f AU
'I, ?'si'-f.1J\1'JNY L, KOLHXCili CL.EA~,
"
1jl--~./t--"'-/~ r/~..~-l~./~{/(f:
J .,...:......---....~_~
rJ~~'JTY 01_2":-1',/
/
/
i".,'
/
/ /
~.... I '
EXHIBIT - I
:I IE FOLLO\\I"G FEDERAL RESOL RCfS A.RE .\ \\,\RDED TO HIE REC1PIE" T L "DER Tl Irs
'\CiREE\IE"T
~-l,.')lll\_i!L'/l ,is! :/7(' th/:O\llll<:! ,'11 T/J)'1}70ri O}] riJr 0: ,hI: f(.'dLF<.1/ :'Jrdi//'dlll Ir,itll II hie/; //IC r,-'\'(j,'ir,,'CS l/~'di'd(\1 fl) ;";7C
.?\..-'~'i.n/L'!7r iJri'..:lfhl!{"
\mcrican RccO\ en and Rcinvestmcnt\ct
\\ catherization . \ssiHancc Program
F -:deral agency
C1talog of Federal Domestic\sslstance title:
CltaIog of Federal Domestic Assistance :0:
.\ ward amount:
D<:pt. of Energy
WeatherIzation
~ 1~02
.J7,J63.00
fHE FOLLOWI;-';G CO"'IPLIANCE REQUIREMENTS\PPL Y TO TIlE FEDERAL RESOLRCES A W......RDED
r:NDER THIS ......GREEMENT
Supararelv lisr each applieaNe compliance requirement (eligible acriviries, ,service, or commodiries: dir;ihle
recipients: ere.; andspeei/jJ ro ,,'hichjedcral program each requirement applies,
Compliance Requirement
I. Purposes resources must be used for:
Program
Weatherization ,\RRA.
Program
The Recipient will use these funds to perform energy saving repairs and
installation of energy saving measures on low-income homes in its
designated service area. These funds will be expended in accordance
with the Scope of Work, Attachment A-2; Program Statues and
Regulations, Attachment B-1; Record Keeping, Attachment C: Reports,
Attachment 0; Statement of Assurances, Attachment G; County
,\lIocations, Attachment I; Special Conditions (\\hen Applicable),
,\ttachment J of this Agreement and applicable 0~18 Circulars.
2. Eligibility requirements for recipients of the resources:
The recipient will comply with eligibility requirements as set forth in the
Department of Energy (DOE) 10 CFR Part .l.JO Final Rule and
applicable 0\18 Circulars.
\ (irE li;s!i'iiJ o/.'.:,.'!,,:: !lic. 'jY' ffie ,'o!l;/'!,cllI,_,' 1'0 '!liil'dlllll!S (/s,'/im; i7 clh,n't. .'iI,')!,I.',' ,/d,/i'eI;I;" ,/-.:,'/;, . 1'7,1' (" '
:',I/'::/I,l::L'lIlLif
rl7e RI..-'(
to L'(J1llJ'/r ~l In /"17t.'
{l(
/"/'(/1 I
( ; -~ \-1 'C'L '/':
< /"1','- J'[(,
i"l ;,:,u/LI/ioIlS. l'.~l' Flit'i.
~;~I" /-:-ccit...'r,:/
the' j(nf~II[,''.!:(' 117,'11. \'/"lh' :iillf )?t' R,-'t
nr onr\','
" :','fJ _',/hc'l/il' ;uf~l \' rlf/L \. ,,/, r,_-~!!( ',lfiUU'- ,'/;L/t r'('rr.l.'n ~n ',1 ,~I,'(' ,1~i,,/r,it'~1 j'(
,','
" /' ;'" L f ~ (. "
)"
lc.rt..-F1li,'rd/!I)!1\' 111\.' t,1
in,hle
S':ll(",' ,r\ ~!rcl/;:-.! d:.!l ',1.\~ 1 ij' ,Orl/'.-;:( l!i ,-j.'cr
r ,rl"] (II',:\. i 7 cl '_
'-J~ f f,/';1 r;rh ,,'/, ',''..!.:ric/!'/,Ii 1", /cFi'L'L/J rli
J) , ,~. i-+
'r.,r ,'rel!e' :Ji'U"l..JcfS ,'J.'C.'i/.../Ld /;, E: hf/~/r
,() rE' F" " \'clc I'r/ iii ".":l'rl'li\' 'II: ,!lr/,,) ill E,,'il.'I'i.' i, SL' .'1,)11 -/1,lit ell ,,( U\IS C
Sl:L..'r/I./l ~/5.!J-/_:;J(tll. F/I)riLl'~1 ShlTf.ifl'. i'l..lIlI/J"l'\ il7e .!ll-,(lnndT/I)/; ,'Jl
;"L 1'/ \'t '(.{ J'c\,
':~_:r ;' ri) ;"L' !.'J>(;1 ie/L'll {O tl':l' Rl
I '"
':!I~ir _"1-~ .'_', ~/.\-
1-;
\. fT\.CH\IE:\ r \
SCOPE OF WORK A:\D BlDGET
SCOPE OF WORK
in LJrnlng out this ,\g-reement. the Recipient \\il! prOllde the necessary personnel. ll1atenals. Sen ICeS ;tnd
:ICJilfleS. eXLept as othe1'\\ lSe pro\lded herell1. fl) c:lrr:\ out the prllg-Lll11. The Recipient \\111 !:el\e a dc:sIgnated
I~cil\ Idued. rcr;':rred to b\ the Del1artl11enr JS the \\,-I,P CoordinJtor. to be respOlblble tl)r the t;)lkl\\ II1g aco\ IfleS:
\. SolicIt. idenofv :lOd quaIJt}, ]O\\-II1COl11e residents within the Reclpi.:nt's Idc:ntitled sen ice area \\ 110 11,1\e tl~.:
:~ec:d .md desire for .:nergy cOl1sen ation :1SSlstance, The Recipient \\iIl make the senlces pro\ Ided tl)r under rhls
~0l1fract J\allable to all eligible clients in the counties to be sened.
B. Each unit must be evaluated by using the Priority list .\ssessment :md Testing (PL-\.T) inspection package.
!'ecording Visual observations and measurements and performing required diagnostic tests. i.e.. blower door.
monoxor. gas analyzer. pressure pan ::md Jny othc:r tests required as directed by the state weatherization ottlce, This
:nformatlOn will be mamtained in the client file.
\\hen addressing a central heating and cooling unit which already exists in a home. the National Energy Audit
I. \. EA T) or \hnufacnlred Home Energy Audit (""IHEA) must be used to determine replacement and appropriate
,lzing. Retrigerators may only be replaced if (a) indicated by metering (minimum 10% of refrigerators must be
illdered), (b) recommended by a NEAT or \IHEA. or (c) according to Priority list guidelines. The Department also
requires that the followmg measures be installed on every unit receiving energy conversation measures: low flow
,howerhead. taucet aerators. water heater blanket. water line insulation and air filters for heating and cooling units in
Jccordance with the Procedures and Guidelines requirements,
C. Provide the Department with documentation and reports as required by this Agreement as well as other
mtormation related to this project as may be specified by the Department.
D. Recipients are allowed to charge legitimate program support costs (i.e. salaries. mileJge. space, utilities.
telephone and, similar costs associated with personnel activities involved with ramping up for an increased
weatherization program) to the program operations category instead of the administrative category for a period not
tu exceed 120 days from the commencement date of this Agreement. The program operations category is referred to
on the Financial Status Report as Fee For Service. This initial ARRA WAP recipient agreement is prepared on an
allocated amount of pass-through funding trom the tirst release of Department of Energy funds,
-\ rTACH"E'\T \.
BlDGET
Ft'C For Service Summary and Detail Rcporting Instructions
Frc,m [he FInJllClal SL1tus FOll11 ClllTe!H \1011tl1
! ,1/ \latcnnl \, .-\ I This Ime Item \\111 not he utlllLed)
hi LJhur .\ \ ( 11m lill.: Item \\ III 110{ be utdILL'd)
, F eC t:Jr Ser\ICe (CJpaclty Budding Program EXpCllSeS)
_.
1 t rot,d otlll1e~ la & III - ~ From column ,.\) (Cannot exu:ed
-';11.500 per home):\ .-\ IThis Ime Item wiIlnot be utilized) I
-f. I kalth & Sakty - \, A (fIllS line item \\'111 not be 111l1iLed) r
I
i
5. Comprehensive Annual Audit (I 12 pa month) !
. (,. Trail1lng & Technical Assistance r
11. (b) Equipment I
-. Liability Insurance
,
:-;. Subtotal (Line 2 plus the total of lines 5 through 7)
i9. Admil1lstration (Line 1\ x 5.25%)
I (Can be less than 5.250~ but may not exceed 5.25%,)
110, Total (Lines 8..,.. 9)
! (~ote: lOB can not exceed Total Agreement Amount)
Tclta!s To D:lte
la)
.\IA TERIAL: NIA (This line item willllot be utilized)
b)
LABOR: N/A (This line item will not be utilized)
1
"-.
FEE FOR SERVICE: Approved Program Expenses: planning, hiring, training, purchasing equipment, seeking
a) lications, ddemlinin eli ibilit ,and rioritizin clients.
TOTAL LINES I a. 1 b. and 2: This is the amount used for calculating the Fee for Servi~e. N/A (This line item will
not be utilized)
ilEAL TlI AND SAFETY (ENERGY -RELATED I1AZARD ~lEASURES ONL Y): NA (ThIs line item will not be
uti Iized)
CO,vIPREHENS1VE AN1\iU:\L AUDIT: This is for the pro rata share of the agency audit charged to ea~h program.
The Recipient may bill on a I.. 12th of the cost of the audit per month or on a quarterly basis (written notification
rel uired to be ro\'ided to consultant for l uarterl . 0 tion,)
fRAI1\iING AND TECHNICAL ASSISTANCE EQUP\IENT: TheSe reported ~osts will not be relmburseu \\ithout
rioI' written a rova! for activi '. urchase from the De artmen!.
Equipment - An} items appro\ ed for purchase by the state office,
J.
14.
r
5.
h.
(1 (b)
LL\BIUTY INSURANCE: Liability, Bonding anu Pollution Occurrence Insurance
, StBTOT.\L OF UNE .2 plus U\,ES 5--
c) .\D\lINISTRAnON {LINE.'I \; 5.2:"',,1: lem he less than 52:''.; ;'ut may not exceed 5.2:'
iO. i rOT\LS !ClRRE"T \10\ HI <.\: TOT.\L TO D\TE COLL\!NS!\dJ the:ie ccluI11l1s ,1l1ci el1kr thc' to[;il~ ill1 t~J~
Il11e
\. fT \.CH'IE.\ T B
PROGR\" ST.-\ Tl TES\\D REGl L\ T10\S
"J
8,1[h [l:e Recll1Jel1t :1nd the Dep:mI1l<:'l1t ,h:dl be gO\ <:'l'lled b\ :lpplicabk bws ~lI:d ruks. Jncludlllg ~1ut I:Ot IJIJ1!ted
\. Put) L. '.)..+--,\5. P:1l't .-\. Title 1\' I "Energy COllsef\anon .11ld ProuuctlL1ll .-\ct of 1()~6"): the Omnibus Budg<:'t
Recl1l1cdl.ltioll Act of Il);': I. Title .\,\\'1 of Pub, L. 9-..35 (Lon..Income Home Energy .\sslstanc<:, A.ct of 19\ I); Title
r 1. Part 2. elf the '\:1(lol1al Energy C onsen.1tlL1n Polic\'-\ct of I lr" (Pub. L. ':)6-61 'h Title 'I.'. Subtitle E. of the
Energy SeCUnfl,-\ct of 1981 (Pub, L. 'i6- 29-+): :lI1d Chapter 163. FIa. St.1t, ; Flonda Chief FinanCial Offic<:,r
\ lemorandum \0. XXX. .-\mencJn Reco\ cry Jnd Reinvestment Act I.\RRA) Requirements 1.::00;':..20(9):
\menc1l1 Recovery and Reinvestment .\ct of 2009 (Public Law 111..5): Federal Central Contractor ReglstrJtion
,hap: W\Vw.ccrgov ); 2 CFR PJrt 1 -:-6. Requirements for Implementing SectIOns 1512. 1 MJ5 and 1606 of the
\merican Recovery and Reinvestment Act of 2009 for Financial Assistance A wards; Schedule of Expenditures of
Federal .-\wJrds Ihtt : \vww,mtloridaacto,convaadir statewide tinancial re ortin financin ,htm)
8.\11 federal statutes relating to nondiscrimination including but not limited to:
I. Title VI of the Civil Rights Act of 196-+ (Pub. L 88..352) \vhich prohibits discrimination on the basis of race,
color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U,S,e. 16/011-1683, and 1685..16/016), \.\hich
prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USe. 794). which prohibits discrimination
on the basis of handicJps;
4. The Age Discrimination Act of 1975, JS amended (42 U.S.e. 610 I.. 6107). which prohibIts discrimination on
the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92.. 255). as amended, relating to
nondiscrimination on the basis of dmg abuse;
6, The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation .-\ct of 1 (ro
(Pub. L. 91..616 l, as amended. relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7 Subsections 523 and 527 of the Public Health Service ,\ct of 1912 (42 (J,S,e. 200 dd..3 and 290 ee..3), as
;ll11ended. relating to confidentiality of alc:ohol and dmg abuse patient records;
,q. Title VlII of the Ci\ll Rights Act of 1965 (42 1.;, S.c. 360 I et seq.). as amended. rebtmg to non-
discril11ll1ation 111 the sale, rental or financing of houslI1g; and
,), The reqUIrements ofJnv other nondiscrimination stJtute(s) \vhich mJ)' apply to the Weathenzatlon
\ssist:1I1ce Pro;!ram.
I U. The ,\l11ericans \\ Ith DlsahIlitles Act of 1')l)O. Public L.m I () 1-33b 1-+2 L S C Secth'I1S 121 I) I
12::131
( E\ecutl\e Order II ::-16. elltltkd "L]u:l! [;l1pl"\l11el:[ Uf)~'Urtlll1lt\'. .IS :ll11ended In E\eCIHI\ e ()rder I I.' -5. .m,:
.,\ ollpplellll;'l1ted 111 Dep.rrtl11ent of LablJr Regulations 1-11 C F R Part 11111
D \11 'l.lI:dlrds. ,'",kr.;. l.r I"'lied IJli:SlI.lIlt IU the Ck.111 :\Ir \ct :,S .ii11el~el':<J 1-+:: L SC i '.~_
,f;e(] I .11'd the feder::! \\ ak:' r\,llutl<:ln C.wtrol \ct:j<; .111i'~I:dcd I," L S.C )'::5 i .:r 'ell
\ TTACH\IE\ T B (Continued)
PROGR.\\' S1'\ Tl TES.\ \D REGlL\ TlO\S
E. T"e R~cl!)Jenr II ill comply Ill[h the Lead-B:bed Paint Poisonll1g Prelentlun .~ct (~:; L.SC .+0';1 e[ seq.) \lhiC:l
::'uilILlns the LISe e)f le:IJ-b'lsed pamt III Cl'!1stnlctJOn ur rehabllnatlon llf residence stnlCfllres.
F Th: Recipient II ill assist in .1ssunng compliance II nh Section 106 of the '\atllJnal Histone Presen:ltlon ,\ct of
: ')116. ,;s amended ( I h L ,S.C ro I. EO J 1593 (identification and rrorectlon of histone prop_Ttles I. :1l1d the
\rcbeoioglcal and Histonc PresenatlOn Act of I'P~ (I h LS.C -+()9a-l d seq.!
(I. Incompliance 1\ J [h 10 CF. R, Subpart E. Part 1036,510 (Appendix B). the: RecipIent certifies that neither It nor
itS pnnclpals are presently debarred. suspended. proposed tor debamlent, declared eligible. or voluntarily excluded
[I'om partiCIpating m this ..\greement by any Federal Department or agency,
II. The Recipient shall screen applicants tor program eligibility under 1986 Immigration :md l\3tionaJity .\cr. as
currently amended.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect an
J ftinnative procurement program to insure the purchase of insulation products composed of the highest percentage
uf recoverable matenals practicable, taking into consideration competition, availability, technical pertormance and
cost in accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource ConservatIOn
clOd Recovery Act of 19"'6. and guidelines promulgated by the Environmental Protection Agency.
J. All applicable federal mIl'S, regulations and guidelines including 10 CF,R. 600, and all Jpplicable 0\18
Circulars, as revised. as they relate to the application, Jcceptance, and use of federal funds under this Agreement.
K. Other applicable federal and State laws, mles, regulations and guidelines.
L. There shall be no religious ,vorship, instmction, or proselytization as any part of, or in connection with, the
pertoffilance of this Agreement.
\1. The Recipient certities that neither its organization nor any member of the staff is debarred or suspended or is
I1therwise excluded from or ineligible for pmiicipation in federal assistance programs under Executive Order 12549,
"Debarment and Suspension." The contractor may not make any subcontract to a debarred or suspended party. A
CUITent listing of such parties is maintained by the Department for review,
\'. Belore beginning work on any dwelling. the Recipient shall have:
I. Documentation of client income eligibility in accordance with the most recent federally established Povertv
Income Guidelines, Client income ventication must be conducted within 180 days pnor to the date the Ilork begins.
1 Documentation of authorization tram the owner of the dwelling or hiS authonzed agent.
.3 Dl)CU111cnt3tiun of proof df \J\\dlership
.+ \,"rcement II Ilh the lm ner (:t rental propel1v ::ssunng compliance II nh I (I C FR. P:tt1 -+-+( f .::::;.
~c ,}
\TT\CH"E\ T B (Continued)
PROGR.\" ST\ TlTES\\D REGl L\ TlO\S
\J I'\TEREST 1'\CO\IE: E'(c<:pt as pro\Ilkd tor ad\ al1c<: p.l) m<:nrs. th<: Rc'ciplc'nt may fc'mpurnnly 1l1\.:st :!L1r:t
:'lII~ds. out an\ Inter.:st IIlCL1!11': sbll elthe'r be rc'tllm<:d to th<: D<:P"r1I1lc'11l or bc' applied .1gail1st th<: D<:panmc'l~r's
Jlig:wL'11 to nay t)lc' colltract amuunt. ,\ny Illkn:st income c'arn.:d by th<: temporary 111\ c'Stment of th<:s<: E!ranr tunds
I,';"t :lrc' nor aprl1c'd a~Ullllst thc' Dc:partl1lc'nr's obligation to pa\ shall be retUl11c'd to thc' Dc'parrl11c'nr ,H the tl:11c' ,)t
'llJIllisSIOll of thc' fin:li close-out rl'pOJ1.
i' PROGRA\II'\CO\IE: Rc'cipienr may apply Ilc't program incomc', attc'r costs IIlCldc'llt to thc' gc'l1c'ration otgross
program 1I1comc' are dc'ducted. excluding Il1kn:st income. to meet matchll1g requm:ments. or may reprogr:lm It tor
c'liglble program activities in accordance with Rule Chapter 9B-24, Flonda ,\dI1l1l11strafl\e Code, Thc' amount of
~lrogrJm Il1come and Its disposition must be reported to the Department at the time of submIssion of the tinal cIose-
,Jut report. Expenditure of program income balances at contract c'nd must be appro\ <:d by the D<:partm<:nt.
o A.PPEA.LS SYSTE.\1: R<:cipient must have a written appeals system adopted by the Board of Dir<:ctors. poskd
in the client intake area of the Recipient's agency, and a copy provided in wnting to thos<: applying for servic<:s.
[n the event of a complainLlppeaL the complaint'appeal shall tirst be heard by the:
(' ,
~.\ {V\
'i \~ \ )<J) <: (~fI (.,0 "'"' 4-?
' """'- \ ,_ v , __. ',-, 'l'-U,J\_\Q
I I - . \. \.,.....k.--
( >":'\J~Oj. "-'0..-\ eMf-title of Position)
Should the tirst designated party be unable to resolve the difficulty, the second complaint appeal will be heard by:
~:- h".R...L\ '\ (;'0-YaIl..L.. :~~{)lu:..-\ L-SLv~(.Q.(j L\(U( 11},4:ritle of Position).
)
Should the second level complaintappeal be unable to resolve the difficulty. the tInal hearing will be held by:
l J I, S.\V._~-- C,! V,)tJ.', :g 0 c . C._e-
'-"
(Committee or Full Board).
All complaints received by the Department \vill be referred to the Recipient.
R. .....11 W AP subgrantees will following the procedures and guidelines provided ll1 the Florida \YAP ,vlanual.
Programmatic and guideline changes during an agreement period will be prmided to all subgrantees through a State
\V eathcrization Program Notice and are to be considered as updates ~lI1d become dlectlve upon the date mdicated on
;1 Program Notice. The State Program 1\otice will be sent to the Recipient by mail :lI1d <:mail to the addresses stakd
In Paragraph Thirteen of this .....greement,
'), \11 \\.\P subgrantees shall comply with th<: ARRA 2009-2012 WAP State Plan. Annual Fil<: "'arrativ<:. as SlOt
ti)rth below:
Funds for Administrative Purposes
DOE :dll)\\s up to In p<:rcent ofth<: toral funds ,tllocakd to be us<:d tor admll1lstrati\<: pUl')Jl1ses beh\<:en the gnntee
:lI1d suhgrante<:. Lnused grank.: :ldmmlstr~HI\ <: nJl1ds shall be reallocakd t()r \\eatf:l'rJz:ltlOn rurposes.
Liahility Insurance
\11 ReCf:1IC:lllS :lI1d SuhCc1l1tr;1Cfor, :11'e rCc;lIlrc:d (,] 1;'1\e sufticl.:nt liabilltv IllsuraI;CC C\l\ eL1']l' tCir pc:rtiJil1l1l;g
\ c:a1h<:lIzJUc11l-fllndcd JCtl\ Ille~. 1n addltIoll. Rc'clplenrs must 11,1\ <: PollutlOIl Occurrcllce IllSurance I rOil. \\ hether
,i~c'll!lkd. :l,jdcd to. ,11' J s<:I':1I':1t<: ::!<:l1c'1':11111htiitv 1I'C'uraIKc ChtS :11:,\ he' .i~ ,1 'c'!)iil,Hl' lillC 1fc'!11
,,~e FII1.1I;CI:ll S'atu,; RCI'<Jrt. RcCIi'lcl'1S 111l1,t el1,urc tint elIC!; 1'1'1\1[c C\)Jl[r:IC1"r h il1SlIrc'cl { [" 11~~!li,L:
'1)[ I ,"I' ':"\ c:rcd 10\ th<: R<:Clpiclll l'nl1c\
\TTACH"E\T B (Continued)
PROGR\" STATlTES\\D REGlL.\T10\S
DXU11lentiltlOn to substantl:lte ,-tll inJuJ'ance COleJ':~ge II III be reI ielled dUrIng monitorIng I ISlts, F.ll1ure tl' hill e
..;cllUclte Insurance COI erClge m.l;. result 111 :111 reimbursement requests bell1g Illthhdd until compliance IS met.
Training and Technical Assistance Plan (T &TA)
TL\:T.\. ,1Ctll Itles are intended to maintain or increase the efticiencv. quality. and effectileness of the \VeatherIZatlOn
\ssist::ll1ce Program at all kl els, Such actilines should be desumed to maxllllizc energy savmgs. minimIze
,1rl1duction costs. imprOle program managemenr and crew contractor '"quality of work." or reduce the potentul tor
'.1 aste. traud. abuse. and mismanagement. .\.ccomp:l11Yll1g the Reco\t:ry Act \V~P RecipIent agreement Will be a
'.juestlonn:me that ;111 ReCipients must submit II hen returning theIr Agreement. This questionnaIre v. ill ;1SS1St the
,tate staff in assessing what state network and Recipient-specific training needs, In addition. :1I1 ongomg part of the
,tate s assessment of T &TA needs will be the review of monthly production and expenditure reports.
. \.lthough historically the state has not required any specitlc certification or experience for local service provider
employees who perfonn inspection diagnostic testing procedures or conducted formalized training for contractors
:luthorized to carry out weatherization activities. the initial Recovery Act WAP ;1greement will include inspector
tr3l11ing requirements tor all subgrantee statf who will participate in the dwelling inspection process,
Determining Eligibility Levels and Defining Income
The Recovery Act increases the income eligibility threshold tor DOE Weatherization from 150 percent to 200
ren.:ent of the poverty income guidelines; theretore, these changes will be reflected in the Recovery Act \VAP 2009
subgrant agreements. Recipients must maintain records documenting weatherization assistance recipients'
eligibility, Recipients will be required to reimburse DOE funds if it is determined that the tamily unit occupying
the residence was not eligible for weatherization assistance at the time such services were provided. The Economic
Stimulus Act of 20011 provided rebate checks to qualifying individuals and families, With respect to those
payments, the IRS emphasizes that stimulus payments will not count toward or negatively impact any other income-
based government benetits such as Social Security benefits. Food Stamps, and other programs, Therefore. tor the
purpose of \VAP, the Economic Stimulus Payment willl\iOT count as income when detennining eligibility,
Determining Priority Service
Recipients will continue prioritizing services to clients based upon the DOE-recognized classifications of "e1derly, .
persons with disabilities, families with children under 12 years old, household v.ith a high energy burden and high
residential energy user" in their '"priority of services" point system. To assist with determining which clients meet
the last two classitications, a \lemorandum of Understanding L\10U) between the WAP and the LlHE~\.P
Recipients serving the same geographical area is required, All W AP Recipients will coordinate with their local
LlHEAP provider to develop a referral process and targeted number of clients to serve. A minimum of I O~O of the
clIents receiving \leatherizatlOn services through \VAP during PY 2009 II ill be LlIIEAP referrals.
V chicle Purchase
Recipients are able to spread the large cost of purchasing vehicles and. or certain equipment. Ilith an acqUisition cost
of '55.000 or more OIer the entire life of the vehicle 3nd the number of homes served during that period. Howeler. a
proportionate share of the amortized cost of purchasing vehicles must be included as a part of the cost It)r
"eatherizing each home. DOE allow.; for ddemllmng the al<.'rage cost per unit by including only that traction of the
cost of a new \ chIcle II hich is c1Ctually "used" during the current ~ ear. ReCIpIents sJwulJ consli.kr and 1\ <.'Igh the
,'ptlOns '1I1leasmg Icrsus lease-purchasll1g. DOE does 110t need to apprllle a lehlcle lease. But. If a lease-purcb,e
<iptJon/s proposed cind el'en tfthe purckl,e pl'lce IS as small as one dollar. DOE lIQuid need to Jpprelle the purC],:b;;
"I the '.ehlcle
;I~ ,_'r,kr t,'r :I ReCipient to use a purcha,e or 1e3se-purchase optl<Jn. specl tic II1form:ltion must he colkcted ::nd
,t,hmitkd to the state c1ftic~ f(Jr re\ lell pr/(,r tn ,Ubl11lS,;JOI1 to DOE for :ippro\ :il. r,c sUlk office' h:/S dc". d,'!,<.'d:l
'. ,'iJlcie pllrch,lSlt1:! ;1l1c1:1I1-:c' packet :lI~J t~mllS that must be completed t'lr IhlS ,ktl\ It: C"r,ract t:~e ,t:;[<.: Mtk'<c te'
-;:..'Ccl\ r: rl1lS p~1-:kl.'t.
\ fT-\CH"E'\T B /Continued)
PROGIU" STA Tl TES A,'\D REGlL.\TIO'\S
Pre\ailing \\ ages
-\ Ill:rborers :md mechanIcs employed by contractors and subcontLlctors on projects (unded b\' the Recol en-\d
'~.1il be ;1ald 1\ ;',ges at rates not less than rhose prev:lIling on projects of:1 char::cter simIlar 111 rhe locality ;15
,;ere:11lIl1ed bv the Secretary of Labor and in accordance WIth.+O L.S.C. ~~3131 _ 3 J.+'\. With respect ro rhe labor
'I.lndards specltied in this section. rhe SecretaI'}' of Labor shall hal e the authont\ and functions set torth In
Reorg;1I1izatJOn PLll1numbered J..j. of 1950 ((i.+ Stat. 1'::6"'.5 L.S.C. .-\.pp.J and.+O l.S.C. 31'+5, See L S
Department of Labor. \\' age and Hour Division Ilebsite at http: \\W\\ .doLgO\ esa II!1dcontracts dbra.htm. \\age
,jetellninations can be t(Jtil1d at http: \1 ww.\\dol.gov, The State office or its representative I\dl review compliance
'.1 Ith prel ading \1 ages gUIdelines dUrIng onsite monitoring \ ISlts :md will reql1lre a semi-annual survey report ttJrm
:)1.' completed by all RecipIents, This inform:ltion I"ill be submitted through the web-based eGrants system.
\dministrative Costs
\:Vah the increase in funding to the Recipient network through the Recovery Act. all Recipients will receive tlll1ding
that will be above the $350.000 threshold. leaving certain agencies no longer eligible for the extra administr:ltive
funding provided in the regular \VAP, To lessen the burden this may cause. all Recipients \vill be allowed to include
their costs for insurance (liability and PO!). :ludits. and health and safety activities in the oV<::I':llI cost used to
calculate the :lmOlmt of administrative funding allo\\,ed,
Administrative
If the state detemlines that additional or replacement service providers are necessary, the following guidelines
outlined in the 10 CFR 440,14, State Plans, and the j 0 CFR 440.15, Recipients. apply:
a) The State shall ensure that:
( I) Each Recipient is a CAA or other public or nonprofit entity;
.::) Each Recipient is selected on the basis of public comment received during a
public hearing conducted pursuant to 10 CFR 440, 14(a) and other appropriate findings regarding:
(i) The Recipient's experience and performance in Weatherization or
housing renovation activities;
(ii) The Recipient's experience in assisting low-income persons in the
area to be served; and
(iii) The Recipient's capacity to undertake a timely and etfectlW
Weatherization Program.
(3) In selecting a Recipient, preference is given to any CA..A. or other public or
nonprotit entity which has. or is currently administering. :In effective program under this part or under Title
rr of the Economic Opportunity Act of 19M. with program etfectiwness evaluated by consideration of
t:lctors including. but not necessarily limited to. the following:
(i) The extent to which the past or current progmm achieved or is
achieving Weatherization goals in :I timely tJshion:
(il) The quality of work perfomled by the Recipient:
I iii) The number. qualitlcations. and experience of the staff members of
the ReCipient; and
(i\) Thl' ability of the ReCipient to Sl'cure I oluntl'ers. trall1lt1g partlclp:lt1ts. publIC :icn'lce
employment l\ollers. ,md nther Federal or St:lte tra1l11l1g program:;,
I hi The State shall o:nsure tint the funds recelled under thIS p<111 II ill he :lilucat.:d ru 'ill.' entIties so:/cl'ted iC
,lc'<.:llrd:lI1ce II Ith paragr;lph 1,1) of tbs 'eC11\)n. such that funds II ill be ;lill'c,lted tel:lre;l:i I)n ri;c hic," l,f the'
:-el1fJ\e no:ed of 10\\ IlK'ome perS\lns tt,r a \leJtherizatlOn proleLI.
. C I If DOE rinds rl;;lt a ReCipient sl'lcct<:,d to lInden:lke \\ ,le(1IItles lIntier thiS p:m h,l~ t"ileJ t,',
SlIb'(,111tially II It); the prO\ IShli1S of tho: Recl'lcr)' .\ct or thiS p;1rtll1d ~h()lIld :'e rcepLtced. '1I..:1~
sh.,11 ')1.' trcated a,.1 tindll1g lInuer 11) eFR .+4() ~nlll rt'r i,urjJCses uf Section -i-+(I.~n
~ _,' r: _ _
\. fT\CH'IE.\T B (Continued)
PROGRA." SLUl TES\'\D REGlLUIO.'\S
, ,i I -\I~I l1ell or acidItlona] ReCipient ~h31I be selected 3t .1 heanng 1I1 JCCOrc1,1I1Ce III th I Ij eFR -+-:0, ] 41 ,11 .!nd
.q1l'n the IX1SIS c)t' [he cnteria 111 pamgraph 1 a) of [his SectIOn,
;:,)\ SUte :11;\\' [el1111I1Jte tin,mcial assisLlnCe unda a sllbgranr agreement t~)r a grant penod only In
.lcc\)rGancc \Iith estJbliShed State procedures that prC11 Ide appropnate nC1t1Ce of the State's rc:asons to the
ReCipIent
,
'-- --
\ IT\CH\IE.'\ T C
RECORDKEEPJ:\G
\ ;1~ri.)r111Zit'on ,'n eJch client ,h,ll1lf;clude. but not be 111111ted f\):
! I Clienr Intake Fonn (signed by the client :1nd d:ltedl.
~) Client SelectIOn (Priori tv) CrItena F 01'111.
~;) Cd!!Y of the CornpliJIH .-\ppeal Procedures Form.
-1, C)!1y of SO<.'lal Secufltv Cards (II Ith only the L1st fO\lr digIts shOll II1g).
"I D,KUmentation of Income for all members of the household.
'1) DlKu111enratlon of Ollnership or L:1l1dlord Agrt:ement I when JpplicZible J.
\ cupy or' the completed PrIority List Assessment Jnd Testing (PLAT) forms,
..., I .\ copy of the tirst page of the l\:1tion:1I Energy Audit (.\iEA Tl or the \ lanuL1ctured Home Energy Audit
I \IHEA) if used for replacing HVAC units or refrigerators,
B. When the Recipient WAP Coordinator has detel111111ed the weatherization acti\ities to be perfol111ed on a home,
rhe measures to be :lddressed will be listed on a ClienvAgency Pre-Work Order .\gn:ement F0I111, The \York to he
!Oertol111ed IVlll then be discussed with the client, :lnd both the client and the coordinator \1 III sign and d:lte the f01111.
Once this tonn is signed, \York may commence and a copy of this tonn must be plJced in the client tile.
C. L'tilization of dwellings tor training activities may be allowed, however state office should be notitled in
~Idvam:e,
;'1 _'-_
\. fT\.CH"E.\ T D
REPORTS
-\. \kl1thlv )'c:Dl)!'fS ~lre due to the Departmenr by tile 15th of each mOl1th. The RecipIent ,hnll enter I 1~1 the eGr~inrs
'e'10rtmg system. d Financial StZltus Report (FSRi, In addition. the reCipient II ill fi\ tL1 the DC'pCll11l1ent ~l Signed
.JilY '.'rt t:1C' FSI<. ,llong II Ith a Capacity BudgC't Cost lte1l1IZ~1tJOn (eBel) tl1l'111. The CBel II ill slJopon fh: charges
CI)Orf.:Q 111 fhe FC'.: For S.:l'ItcC' c:Hegory 0n the FSR.
B. Dal is Bacon or Prev:liling Wage complianCe rC'por1s . trC'quenC) to be defelTI1med bl' the Department.
C .\. Progress Report (frequency to be determined bv the Departmenn to mclude. at a mmlmum. the fL1llolling
In(l)rmarion:
. ,1'1bs created usmg state contractors
. lobs created at the local agency level
. Jobs created using local agency CL1ntractors
. flours tramed at the local ,lgency
. Jobs retamed wIth state contractors
. Jobs retained at the local agency level
. Jobs retained \vlth local agency contractors
. Equipment purchases exceeding S5.000
0, Other ARRr\. DOE Reports as needed.
\Jote: DOE or the state office will provide guidance regarding the calculation of jobs created and the methodology
for calculating energy savings.
E. The Close-out Report is due to the Department by ,\lay 30. 2010.
F. Failure to submit all required reports as outlined in Section A through E above by the required due date. may
result in the withholding of any pending or nIture payments until the reports are received. Reports and notices must
be submitted to:
Department of Community Affairs
Division of Housmg and Conm1Unity Development
\Veatherization Assistance Program
~555 Shumard Oak Blvd.
Tallahassee, Florida 32399-~ 100
Fax: (850)4~8-24~8
G. The audit is due nine (9) months after the end of the tiscal year of the Recipient or by the date the audit report is
issued by the stak Auditor General. whichever is later.
H. Hand delivered reports must be date stamped in by Department staff, Each report foml shall be SIgned by the
Recipient's deSignated agent.
r. Ltilization of the eGrants report1l1g system is mandCltory for all W AP subgrantees
P.~;~ :~
\TT\CH"EYf E
II STlF'lCHIO'\ OF\D\A'\CE PA ""EVr
:<.ECIPIE\, T "onroe Count' Board of Count v Commissioners
Indicate bv checking one of the boxes below if ~'ou are req uesting an advance. If an advance pa~ ment is
requested. budget data on which the request is based must be submitted. Any advance payment under this
\greement is subject to s. .1 16. 181 (16). Florida Statutes. The amount which may be advanced shall not
C\cecd the expected cash needs of the Recipient within the initial three months of the Agreement.
l..J \O\O\.'\\'(,E REOLESTEO
o .\O\<\:\CE REOL.ESTEO
\0 Jdv,mCe pClyment IS requested. PClyment \vdl be
,,)lelv on a relll1bursement basis. \'0 additional
ill 10rmat1On IS required,
.\d\ance pJyment of '5
is reqUested.
Balance of payments will be made on a rellllbursement
bJsis, TheSe flmds 3re needed to pay staff award
bendits to clients. duplicate fllrInS and purchase slart-up
supplies and equipment. \Ve would not be able to
oper:lte the program without this advance,
REQLEST FOR ADVA~CE
o Recipient has circumstances that require an advance in the amount estimated and justified below.
Complete hoth rhe Esrimated Expenses chart and the Explanatio/f o(Exeeprional Circl/lI1stances sectio/f he/OIl'
ESTL'1A TED EXPENSES
r Budget Category Anticipated Expenditures
i for First Three '\-Ionths of Contract
I. CJpacity Building Activities (To be reported in the Fee For
Service Line item on the Financial Status Report)
I( a) Staffing salaries 26,000
Ib) Fringe 9.000
i(c) Training costs (registration. travel mileage, lodging, per diem) 6.500
lId) ~Ideage (relating home inspection, client certification SOO
!Pf0cesses ), f
II c:) Program overhead costs (activities relating to the client 0 I
~certitlcation and inspection processes as would regularly be i
'coven:d by Fee For Sen'lce reimbursement j
:' Comprehensive .-\nnual Audit I I 12 per mon th ) 0 I
J. Equipmc:nr ~OO
. -+. Liability fnsurJnce (Includc:s PuIIution Occurrence Insurance) 2.000
). Subtotal I Lil1es I (a). liJl, ICI, I.d), k). 2. 3 k..+ of column B) ..+5,OIJ(J l
h \di1lJIlISrratlOn I LII~e 5 \ .\ ~ 25' ,) 2..'h3
- L'laI ,C"iumn H, -+ -- ~ (, ;
i
!
F\PL \ \.\ T'[(l\ (if F\CF?T10\\L ClRCL \L..;r \\CE"
~),:;c 2!,
~ TTACH\lE:\T F
\\\RR.\'\ TIES .-\'\D REPRESE'\T\ T10'\S
F[I~:1T1CI:l1 \1:m:1!2cmenr
R.eclplent's tll1:mcialmanagemenr system must II1ciude the tl)lkming:
i II .'..ccurare. current and compkte disclosure ,of the tinancial results of this prOject 0.1' pmgram,
I": I Records that identlt)' the source and use of funds for all activities, These records shall contam
111tamlatlon pertainmg to grant aVo ards. authorizations. obligatIOns. unobligated balances. assets.
,)urlavs, income and interest.
131 Effective control over and accountability for all funds. property and other assets. RecipIent shall
sateguard all assets and assure that they are used solely for authorized purposes.
(-+) 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) W ritlen procedures to determine whether costs are allowed and reasonable under the provisions of the
,1pplicable O~IB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
. \11 procurement transactions shall be done in a manner to provide open and free competition, The Recipient shall be
:llert to contlicts of interest as well as noncompetitive pmctices among contractors that lllay restrict or eliminate
competitIon or otherwise restrain trade. [n order to. ensure excellent contractor perfonllance and elIminate unt~lir
competitive advantage. contractors that dev'elop or draft specifications. requirements, statements of work, invitatIOns
tar bids and ur requests for proposals shall be excluded tram competing tor such procurements. A wards shall be
Jl1ade to the bidder or afferor \vhose bid or offer is responsive to the solicitation and IS lllost advantageous to the
R<::clpll'nt. consldc:rin,; rhe prrce. quality ,IIld oth<::r f1ctors. SolicitatIOns shall clearly set t'Jrth :111 rl'qUlreJl1<::nts that
the hldder or offeror I1lW,t t1.Iitil! III order hr rhe bId or offer to b<:: ev aluakd bv the R<::clplellt. \11\' ,ll1d all blJs 'Jr
dlcrs :11:,: ;'<:: reJecrcd II i;en It I, It1 the Rccqllent's II1terest to du so.
J) 1 ~:.-> _
UT\CH'IE\T F
\\\RR.\\ TIES \.'\0 REPRESE'\T\ TlO\S
',jeie' (It CnnduLt
T~e Recipient ,ha!1l11,lll~tain \\TItten ,tandards of conduct gO\ el1l1n!! the perttmll,lnCe of iTS empjo~ ees eng::gt:d IJ1
[Ile ~1\\ :lrd and admilllstr:ltlOn of contracts. '.0 employee. officer. or agent s11:1Il particip:Jk' in the selectIon. ~l\\ ani. or
.~dmI1l1stration of a contract supported by public !!rant funds if a real or apparent contlict of interest \vould be
;nvolwd. Such a contlict would arise \.vhen the employee. officer. or agent. :Jny membt:r of his or her immediate
r~lmiIy. his or her partner. or an organizatIOn which employs or is about to employ any of the parties l11dicated. has a
rinancial or other interest in the fim1 selected for an award. The officers. employees, and agents of the Rt:cipient
"hall nt:ither solicit nor accept gratuities. !ayors, or anything of mont:tary value trom contractors or partIes to
,;ubcontracts, The standards of conduct shall prO\ide for disciplinary actions to be applied for violations of the
,;tandards by offiCers. employees, or agents of the Recipient,
8usiness Hours
The Recipit:nt shall have its offices open for business, with the entrance door open to tht: public, and at least one
employee on sitt:, from 9:00 a.lJ1. through 4;00 p,m,. five days a week.
licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all CUlTent licenses and permits required for all of
the particular work tor which they are hired by the Recipient.
i J '::' ~ "'
\.TT\.CH\IE\TG
Cl'rtilkation Htuardinu
~ ~
Od,urnH'nt. Suspcmion, Inl'ligibili(\'
\.nd \oluntan E\c1usion
-~'---~-~--
Subcontractor Covered Transactions
I 1) The prospectl\e subcontractor of the Recipient. (name of subcontractor), cel1ifies. by submission of this
.Jocument. that neltha It nor Its principals is presently debarred, suspended. proposed for debamlent. declared
Ineligible, or voluntarily excluded from p:.ll1icipation in this transaction by any Federal department or agency.
12) Where the Contractor's subcontractor is unable to certify to the above statement. the prospective contractor
,hall ,lttach an explanation to this ti.mn,
C;;ub-Contractor's Name)
(Recipient's Name)
Date:
(.\..uthorized Signature)
(Print l'iame and Title)
(type here)
(DCA Contract Number)
I Street Address)
I City. SUite. Zip)
!) _ ,--' __' r
\ fTACH\fE\ T H
ST.\ TE"E\ T OF ASSlRA\CES
~:~e ReC1f)Ient hercD;. cert! ties the tiJllo\\lIig ~'s~ur.I1lces:
-\. Irs gU\ ernlng bod;. has duly aJopkd or ra~sed .1S :1I1 official act. .1 resolutIOn, :notIon Gr ~1I11l/;lr aCUl1l1
::uthonzmg the tilil;g. uf the contract. mcludmg .1l1understandmgs .II1J assur:ll1CeS cuntalned th.:rc'Il1, and ciirectin,,;
.nd ,1llthurIzing the Reclrient's chief e'iecutlW to act in connection '11th the ~1greel11e!H and to prl)\Ide such
:uc1Itional int'onmHlon as I11.1Y be reqllIred.
B. CLlntractors' and subcontractors' liCenses must comply \vIth state and 10calla\\s, ordInanCes and regulatIOns, and
,11.111 be appropnate and adequate to COVer each of the tasks being pertorn1ed pursuant to this .-\grc'ement lnd ~1I1Y
,UDCOlltracts under thIS Agreement. The RecIpient shall maintaIn caples of all contractor and ~Ubcontractor licenses
f current for the program year when the work is perfOrIl1ed), as well as a copy of each contrJctor's llability insurance
Ilohcy.
C. Lnits of local government, Indian tribes and non-profit organizations shall secure and maintain such insurance as
may be necessary tor protection trom claims under Worker's Compensation .-\cts and from claims tor bodily injury,
death, or property damage which may arise from the pertomlance of services under this Agreement.
D, Priority in selection of clients will be given to (!) the elderly, (2) persons with disabilities,
13) households with children and (4) households with recurring high energy bills or (5) high energy burden,
E. The Recipient shall give priority to umts served in order of preference as follows:
J. single family owner occupied units,
'1 single family renter occupied units in buildings up to five units,
3. multi-tamily units (5 units or more per building), with 1000 owner participation,
~, multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%,
F. To the maximum extent practicable, the use of services provided under this Agreement shall be coordinated with
other Federal, State, local. or privately tlll1ded programs in order to improve energy efficiency and to conserve
energy.
G. The Recipient wi/I pemlit attendance by the depm1ment's representatives at any meetings of the Recipients
Board of Directors, executive committee or legislative body,
H. The Recipient will permit on-site program evaluation by the Department of Energy. the Department's tidd
representative and by technical assistance groups assigned by the Department. The Recipient wi/I also allow
II1spection, ,wification. and audit of tinancial transactions ~md records by staff or agents of the department. the
Comptroller's Oftice, legisbtive or federal auditors. and Department of Energy personnel.
r. In order to ensure that no undue or e'icessive enhancement takes place on renter occupied units. the Recipient
sh::dl require that the landlords of buildings \vith tin:: or more units. or any combmation ofbllildmgs '\Ith an
:Iggregatc rotal of ti.,e units Gr !11llre. that receive services under thIS contract \\111 pay ten percent ( 1 i)'; "I of the total
C',lSt ufthe '>\ork iJt'rtz1l1ned. The kindlord's partiClp:Jtlon m:l;. he \vJi\ed or rcducL'd if the)' can document In \\ntll1g
,licit the: C,lnnot Jfford to paI1JcI[!ak. . \ \, tltren agreement het\\een the Recipient and the landlord ((cUllIn,:! the
Llndlo:-d's CCmIl1ltlllCl1t :md legal responslhIlitIes \\ III he e\elllted after pre-InspectIon lmJ '"ork deternlIIlatlon h:l:-
"cen cdmpkted ,"~J prIl)r to \\ <Jrk hcginning on the Ul1lt ~lf1J ,1 CLlP\ llf this ,1greel11cnt m~llntalI1cd In the dlenti S I tik
, -, \_!;.' ~ f i
\TT\CH\IE'\ T I
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,'.c tll;;ll1CU! ai!c,cHlun SI'cCltlcJ tor cach county b: program IS dcsI,"narcd to be spcnr II; rhar COllnt\, Fur rc,'ljilcIHS
.1f hll:ds dcsignared for more rhan onc COUnt:'. III the t:\ cnt rhat circul11st:lI1ccs II ill nor .,Ikn\ the tlIiJ nrt:ndirurc of
",1\ ;,rl'gr:ll11 funds alllh:ak'd ro a f'l:irticlIbr coumy. :l n:qu\.'st W cxpt:nd :1fl\' P:111 of rhost: tuncis in .mud:cr Ccllll1r\
]]lI~r bt: sllbn1ltrcd In l\I'inng ro rhe Dcparrmcnt. This request mustJustit~, rhe JJek Llf need uf pr'Jgral11 :icnICc's 111
'i:"r count\'. Funds mel\' nor be cxpcnejed in anorher \.'OUnty II Irhour priur \\ ntrcn appro\ :1Il)f rht: Dcparrmt:nr.
COl'iTY
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Fell' rhIs lI1lrial .\l11erJC.1I1 Reco\ cry ~lJ1d ReiI1\estl1leI1t Act I :\RRA) \\ eJthenz:lriul: .\:,sbtanc", r'mgrJl11 I \\\P)
,greelllent. t1Je ReclDlc'nt IS Jllo\\ cd to charge legitimate program SUPPOI1 costs (l.e. hrIng s.1Ianes. rrJlning Co:,ts.
,'Cl1lalCtll1:! energy .iUuits ro prepare \\ ork orders. along '.nth seeking appltcanrs. dCkl!llll'II1:,! ellglbtlny .mo rhe
':'I''rJtILll~" III ..:ltelltS (')1' :,en ICeS) uI1ckr the Fee For Senice cJtegon' on the FiI1~1I1cul Status Report (FSRl.
\\ hen the signed ,\RRA \\.\P Agreement is retumed to the Recipient. sUte program notICeS \\ ill be issued to
clanfv the repOrtll1g documentJtion reqUIred to SllppOl1 the costs submitted to the Department 'In the 1110nthly FSR.
T:~ls supportll1g dOCU111entarlOn \\tll include: posHion descnptlons. sabry amount charged. descnptlon of any
il!'()gr~ll11 o\erhead and opa:ltlonal costs. trainl11g costs Jnd eqUIpment purchases, Subgr~1J1tee must be able to
pro\ ,de upon request, supporting documentatIOn tor Jllline Items charged 111 this Jgreement.
The allowable activities in this ARRA WAP .\greement will enable the subgrantee to med certain mandatory
henchmarks. Once these benchmarks have been met and confimled by the Department. the subgrantee wIll be ~lble
to start \veatherizing dwellll1gs with funding provided in the second A.RRA WAP Agreement. These benchmarks
Jre:
· Subgrantee documentation to support adequate staffing increases has been made to meet higher
production quotas,
· Subgrantee dwelling inspectors (both existing and new hires) have completed the mandatory training
and met field proficiency testing standards on diagnostic tools.
· Subgrantee has provided a waiting list of qualified clients (complete application. prioritized and ready
for dwelling inspection to be conducted) that will cover the first three months of production goals (as
provided by subgrantee in second Agreement),
Once the benchmarks have been met, the subgrantee will be notified by the Department when to close-out this
mitial agreement. To assure that the subgrantee can immediately begin providing weatherization services. the
second ARRA WAP Agreement will be provided to the subgrantee during this initial ARRA \VAP Agreement
period,
Note: When the subgrantee has a fully executed second ARRA WAP Agreement, all program
support costs (i.e. hiring/salaries, training costs, conducting energy audits to prepare work orders, along with
seeking applicants, determining eligibility and the prioritizing of clients for services) will then be covered by
the Fee For Service funds generated from weatherization production. The subgrantee will then proceed with
closing out the first ARRA WAP Agreement.
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2. The \\;lrrant \\ill be mail"d to the Rc'cipicnt's address unless othen\ise indicated
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5. Executive Director: I,J
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E-mail Jddn:ss: 3rri1~ - sb~ I @-< FAX Number: 3lS - ~Cf5 -t.{3S'9
mon" e c...ou..n+'1- f"( . qov
6, WA.P Coordinator: I-J
5het:11 fir &"NfIC] () ( I'd Elru r1f' :")o( i.;;[ Ser,./ ice~ 1) recf-or
' '.''''e> 5tec.k t~'';t'g,",y J,,,"no,,O" I _
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Finance DIrector: , J -J
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.~::'dJio.hla3P ~ monrcej,: \\ \.-: _ 305 - ~ 95 -3060
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 03117/10
Division: TECHNICAL SERVICES
Bulk Item: Yes --.X...
No
Department: TECHNICAL SERVICES
Staff Contact Person/Phone #: Bob Ward 453-8792
AGENDA ITEM WORDING:
Approval of a three (3) year renewal term for Microsoft Volume License Agreement under
the State of Florida Contract # 255-001-01-1 from SHllnternational Corp. as provided in
quotation #3574068.
ITEM BACKGROUND: Monroe County BOCC is currently enrolled in the Microsoft Volume
Licensing Program with an ID of 7327188 under the State of Florida Contract # 255-001-01-1
with master agreement # 01E61767 and has a contract with SRI International Corp. for
Microsoft Licenses relating to our Microsoft Windows servers and applications. In renewing this
agreement, Technical Services is also transferring into this agreement Windows operating system
licenses as well as Microsoft Office licenses for all county desktop and laptop computers. This
will greatly enhance our ability to migrate the County's computers to Windows 7 and the latest
version of Microsoft Office.
PREVIOUS RELEVANT BOCC ACTION: Approval of Microsoft Volume Licensing
Agreement via sm quotation # 255-001-01-1 on December 20,2006
CONTRACT/AGREEMENT CHANGES: 3 Year Extension of Term and inclusion of
additional licenses for Windows Operating Systems and Microsoft Office
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
$434.169.12
BUDGETED: Yes --X- No
COST TO COUNTY: $434.169.12
SOURCE OF FUNDS: Primarily Ad Valorem
REVENUE PRODUCING: Yes NoX AMOUNTPERMONTH Year_
APPROVED BY: County Ad;ty-) OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 11/06
CONTRACT SUMMARY
Contract with: SHI Contract # 7327188/01E61767
Effective Date: 07/01110
Expiration Date: 09/30/13
Contract Purpose/Description:
3 Year Renewal for Microsoft Volume License Agreement with Enrollment ID 7327188
under State of Florida Department of Managed Services Master Agreement 01 E61767
Contract Manager: Lisa Druckemiller S100 Technical Services/SB
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 03/17/10 Agenda Deadline: 03103/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 434,169.12
Budgeted? Yes[3J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
OOl-OS002-530-340-~
144,723.04
- .
~--
- -
---
- - -
- ~ ............... - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 94.175.52/yr For: Microsoft Volume Licensing
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management
")',.0' -', '.,'
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Needed .-- ( . / - - - ---;:,. -R~vl~:ker -, i -
YesO NoG} :'- -< -,>1( , _\/( I{ /(
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County Attorney -5/~J.// (I
. I
Comments:
OMB Form Revised 2/27/0 I Mep #2
Microsoft Volume License Agreement
Under State of Florida Contract 255-001-01-1
Master Agreement # OlE61767
Technical Services
Monroe County BOCC
March 17, 201 0
Executive Summary
The County currently purchases its Windows Desktop and Office licenses separately
from our current Microsoft Volume License Agreement. As part of the renewal process,
Technical Services is recommending that the County add these licenses into our existing
agreement to achieve savings as we begin the process of upgrading County desktops
and laptops to Windows 7 and Office 2007. This renewal will ensure that our licensing
remains up to date and current.
The cost of this renewal over three years is $434,169.12. The cost to purchase all of these
licenses separately when replacing our servers and desktops over the same period is
$471,654.00. This represents a net savings of $37,484.88 over 3 years.
When this agreement is up for renewal again, the renewal costs will be reduced to
approximately $285,000 for years 4,5 and 6. This will increase our net savings to
approximately $186,864 over purchasing separate licenses for each machine as they are
upgraded.
Background Information
Prior to the 2006-2007 budget year the County purchased Microsoft Windows and
Office licenses individually for servers and desktops. In December of 2006, Technical
Services asked the Board to approve entering into a Volume License Agreement with
Microsoft. At the time of the request, Technical Services stated that it was not possible
to ascertain with any certainty whether or not the County was properly licensed for
Windows Servers, desktops and Office applications. At that time, Technical Services
recommended entering into the Volume License Agreement which is before you for
renewal. Due to budget considerationsl the County's server licenses and Microsoft
Office were not included in the initial agreement.
This renewal and additional licenses represents the next logical step in the conversion of
the County's licensing to a Volume License Agreement model. Historically, the County
would replace approximately 1/3 of the workstation computers within the County each
year. Each workstation comes with a 3 year warranty and each machine would be
replaced as its warranty period expired. For the past three years, Technical Services has
not requested the County purchase replacement computers due to the budget crisis. By
the end of this fiscal year, nearly ALL County desktops and laptops will be out of
warranty. At the same time, we have also not addressed issues relating to our server
licenses. This renewal of our Volume Licensing Agreement represents an opportunity
to address these issues.
Technical Services is planning to resume these normal purchases next year. Our current
licenses for our desktops are not transferable to the new computers that we plan to
purchase. When Microsoft released the Windows Vista operating system, we could not
upgrade any existing County desktops to it without purchasing additional upgrade
licenses (There were performance and compatibility issues with Vista which meant the
County never planned to upgrade to that version of Windows). Also, Microsoft
released Windows 7 on October 22,2009. This particular version of Windows provides
better performance and stability than Vista and Technical Services plans to upgrade to
this operating system on all workstations and laptops in the County once we begin the
workstation replacement program. At present we are unable to upgrade any current
workstations without purchasing separate upgrade licenses.
If the County renews this agreement, we will be able to upgrade any of our
workstations or servers to any valid Microsoft workstation or server operating system.
If we buy a new server, we can transfer a server license from the old machine to the new
one and retire the old machine. If we add an additional server, we can configure it at
the time of purchase and provide a new number of servers when we renew the
agreement.
Current Licenses
Monroe County has a contract with Microsoft through its business partner SHI for a
volume license agreement which provides client access licenses (CALs) for each of the
desktop and laptop computers used by the County staff. In order to be properly
licensed by Microsoft to use email, for example, a desktop needs to have a valid
Windows Operating System License, a license for the Outlook mail client (part of
Microsoft Office), and a client access license for Exchange Server. Our Email Server
needs to have a valid license of Windows Server 2003 or Windows Server 2008 and a
valid Exchange Server 2003,2007 or 2010 license.
Our current Microsoft Volume License Agreement (VLA) provides the client access
license for access to our Exchange server but does not include the other two licenses for
the operating system and the Outlook client. We acquire each of these other licenses in
other ways.
Desktop Operating System and Office Licenses
The primary means by which the County has acquired these desktop licenses is when
we purchase a new computer. Often our quotes include a license for Windows XP
Professional and a license for Microsoft Office. These licenses are limited to the specific
computer on which they are purchased. This means that they cannot be transferred to
another computer and cannot be upgraded without the purchase of a new upgrade
li cense.
A secondary means by which we have acquired Office licenses are through the
purchase of bulk scat licenses such as a 100 seat license for Microsoft Office Professional
2007 purchased in December of 2006. This provides the County with the right to install
and operate 100 copies of Office 2007 on staff computers and freely transfer the license
and software to another computer as we replace older machines. However, we cannot
upgrade these licenses to newer versions of Microsoft Office as they become available.
Administration of our current licensing model is unwieldy and complex. A significant
advantage to including everything on our volume licensing agreement means that we
only need to track the number of computers used in our network for licensing purposes
rather than being concerned specifically with which version of Windows they have,
what version of Office should they have, and can we move these licenses to a new
computer, etc.
As part of this renewal, we arc bringing the Office and Windows licenses into our VLA
which will allow the County to upgrade to current versions of Windows and Microsoft
Office and to continue to upgrade to newer versions as they become available.
As far as costs are concerned, the table below represents a comparison of the cost for
each of the licenses used within the County for our basic computing needs. The first
table represents the costs associated with purchasing new licenses under our current
purchasing plan:
Product
Single Lic
Upgrade Volume License Upgrade
Windows XP Professional or 7
Microsoft Office Professional +
Windows Back Office CAL
$ 0*
$590**
$288
No
No
Yes
$798
$ 0
$ 0
Yes
Yes
Yes
Totals
$878
$798
*must be purchased with PC
**Price is Estimate only
Savings per Computer:
Total Number of Computers on VLA:
Total Licensing Savings:
$ 80
$ 392
$31,360
Server Operating System Licenses
In addition to the desktop and Office licenses, the County is also going to move our
Windows Server and server application licenses into our "Microsoft VLA. Each of our
application servers need a Server Operating system license and an application license to
run.
Here is a comparison between the costs of a license for the various versions of
Windows Server:
Server Product
Single Lie Upgrade Volume License Upgrade
Windows 2008 Standard
Windows 2008 Enterprise
$1,209**
$3,999**
No
No
$ 330
$1,050
Yes
Yes
** Microsoftcom retail pricing on 3/01/10
*** pricing is per cru
Virtualization and Microsoft Licenses
In the past three years, Technical Services has reduced the number of physical servers
from 54 to 18 via a process known as virtualization. This allows the County to run
several distinct "virtual" machines, each behaving like it is running separately but
actually sharing resources, such as memory, disk space and network adapters. We are
including licenses from Microsoft to manage our virtual environment. We can use these
licenses with our existing VMWare virtual servers.
The advantage of this is that we are licensed to run an unlimited number of Windows
Servers on each virtual server without having to purchase separate individual Windows
Server licenses. We will be able to upgrade all of our servers to the latest Windows
Server product.
When we physically replace a virtual server, we can transfer our Window Server
virtualization licensing to this new machine at no additional cost.
Cost for Windows Server and Virtual Server
We have 50 Copies of Windows 2000/2003/2008 Server Standard,S Copies of Windows
Server 2003/2008 Enterprise, and 5 copies of VMWare ESX Server currently running in
our environment. As it is impossible to verify the status of all of our server licenses, it is
imperative that we move them into the volume licensing agreement
To upgrade all of our server licenses separately (including 3 years of software
maintenance for our VMWare licenses would cost:
(50 x $1,209) + (5 x $3,999) + (5 x $2,995) + (3 x 5 x $649) = 5105,155
Under our VLA with virtualization the cost would be:
3 x [(12 x $330) + (1 x $1050) + (10 x $1100) + (10 x $600)] = $99,030
In the first example we must price out the separate Windows Server licenses that we
have as well as the cost to upgrade our current VMWare virtuaIization sofh-varl'. By
moving to the Microsoft virtualization model, as we upgrade our server hardware, we
can transfer our virtualization licenses to the new hardware at no additional cost. As
we continue to virtualize and consolidate servers we can reduce the number of separate
windows licenses we need to carry and further reduce our licensing costs.
Furthermore, the costs of the Windows Server licenses acquired as part this renewal are
amortized over 3 years. Once the County renews the agreement again, the cost for
maintaining our licensing model will cost significantly less. We have received a
forecast quote for year 4+ for the new agreement. For the next renewal term our costs
for licensing are reduced by approximately $150,000.00.
Sole Source Justification
SHI International Corp is the sole vendor selected by the State of Florida Department of
Managed Services to see the pricing for Microsoft Volume Licensing Agreements under
the State of Florida Contract 255-001-01-1. A copy of an email received from our
Microsoft Sales Representative is attached as additional backup to this item.
Staff Recommendation
Technical Services recommends that the Monroe County Board of County
Commissioners approve the 3 year renewal of the Microsoft Volume Licensing
Agreement under the State of Florida Contract # 255-001-01-1 from SHI International
Corp on quotation # 3574068.
.J.. .
~..,/
Pricing Proposal
Quotation #: 3574068
Created On: Feb-15-20 1 0
Valid Until: Mar-31-2010
Monroe County
Account Executive
Bob Ward
Phone:
Fax:
Email: ward -bob@monroecounty-fLgov
Daniel Bellinger
100 North Tampa Street
Suite 3620
Phone: 813.342.8532
Fax: 732.868.6055
Email: OanieLBeliinger@shLcom
AI! Prices are in US Oollar(USD)
Product
Qty Your Price
Tolal
MS EnlefPrise Otlsktop - Full Platform Windows as/Office Pro/Core CAL wlSQL
MICROSOFT
Note: "Core CAL" bundle includes Client Access Licenses for Windows,
Exchange, SMS, and Share Point.
392 $265.81
$104,197,52
2 MXlP 392 $7.56 $2,963.52
MICROSOFT
_.,..........__n..._ ..._..
3 Windows Server Datacenter per proc 10 $1,100,00 $11,00000
MICROSOFT
4 Windows Server Enterprise
MICROSOFT
$1,050,00
$1,050,00
5 Windows Server Standard
MICROSOFT
12
$330.00
$3,960.00
6 SQL Server Standard
MICROSOfT
5
$410.00
$2,050.00
7 Exchange Server Enterprise
MICROSOFT
$1,850.00
$1,850.00
8 Forefront Threal Management Gateway per proc
MICROSOFT
2
$600,00
$1,200.00
9 Forefront Security Suite per User
MICROSOFT
392
$26.00
$10,192.00
10 Syslem Center Configuration Manager Server
MICROSOFT
$260.00
$260.00
11 System Center SeNer Management Suite per proc
MICROSOFT
10
$600.00
$6,000.00
Total $144,72304
Addlllonal Comments
'Please note that SHI now has Adobe, Oracle, Symanlec, McAfee, Trend Micro and Corel under State Contract # 252-030-09-ACS.'
To process your order, you can e-mail your request to floridateam@shi.com, You can also fax it to 732-868-6055. Please include a
contact e-mail address on all orders, as this is required by mosl \fendors.
SHl Fed 10#22-3009648
SHI is a Certmed Minority {Asian-Pacific} large Account Reseller. specializing in the sale and distribution 01 government priced
software and hardware..,including, but not limited to- Microsoft. Symanlec, Adobe, Trend Micro, Citrix, Nuance, McAfee, LANDesk,
Intet. CislXl, HP, IBM, VMware and more.
The Products offered under this proposal are subject to rhe SHI Rerum Policy posted al wwwshicomketurnpolicv. unless there is
an existing agreement between SHI and the Customer.
.J.. '
..c"I)
~~J
Monroe County
Bob Ward
Phone:
Fax:
Email: ward -bob@monroecounty-fLgov
All Prices are in US Dollar(USD)
Product
MS Enterprise Desktop - Full Platform Windows as/Office Pro/Core CAL w/SQL
MICROSOFT
Note: "Core CAL" bundle includes Client Access Licenses for Windows,
Exchange, SMS. and Share Point.
2 Windows Remote Desktop Services per Device
MICROSOFT
3 MDOP
MICROSOFT
4 Windows Server Datacenter per proc
MICROSOFT
5 SQL Server Standard
MICROSOFT
6 Forefront Threat Management Gateway per proc
MICROSOFT
7 Forefront Security Suite per User
MICROSOFT
8 System Center Configuration Manager Server
MICROSOFT
9 System Center Server Management Suite per proc
MICROSOFT
10 Windows Server Standard
MICROSOFT
11 Exchange Server Standard
MICROSOFT
12 Exchange Server Enterprise
MICROSOFT
Additional Comments
Pricing Proposal
Quotation #: 3585601
Created On: Feb~22-2010
Valid Until: Mar-31-2G10
Account Executive
Daniel Bellinger
100 North Tampa Street
Suite 3620
Phone: 813_342.8532
Fax: 732_8686055
EmaiI: Dan~I_BeUinger@shi.com
Qty Your Price
Total
392
$180.00
$70,560_00
5
$17.00
$85.00
392
$7.56
$2,963.52
10
$475_00
$4,750,00
5
$180,00
$90000
2
$260_00
$520,00
392
$26_00
510,192,00
$120.00
$120,00
10
$300.00
$3,000_00
$145.00
$145.00
$140.00
$140.00
$800_00
$800,00
Total $94,175.52
'Please note that SHI now has Adobe. Oracle, Symantec, McAfee, Trend Micro and Corel under State Contract # 252-030-09-ACS.'
To process your order, you can e-mail your request to floridateam@shi.com. You can also fax it to 732-868-6055. Please include a
contact e-mail address on all ordors, as this is required by most vendors.
SHI Fed 10# 22-3009648
SHI is a Certrned Minority (Asian-Pacific) large Account Reseller, speciaHzing in the sale and distribution of government priced
software and hardware...including, but not limited to- Microsoft, Symanlec, Adobe, Trend Micro, Citrix. Nuance, McAfee, LAN Desk,
Inlel, Cisco, HP, IBM, VMware and more.
The Products offered under this proposal are subject to the SHI Return Policy posted at www-shicomlre/umpoJicv, unless there is
an existing agreement between SHI and the Customer.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
I 2/20106
Division:
Technical Services
Bulk Item: Yes X
No
Departmen t:
Staff Contact PersonIPhone #: M ickev Baker
295-5130
AGENDA ITEM \\-'ORDING:
This item requests approval for the County to purchase and cnler into a Microsoft Enterprise
Agreement for license compliance and support for Microsoft Client Access Licenses.
ITEM BACKGROUND:
There servers in use by Technic al Serv i ees to serve the Board of County Comm i ssi oners organizati on
arc all using one version or the other of a Microwft operating system. The growth of Infonllation
Technology has resulted in additional Clients computers being added. The use of Microsoft software
technology requires both a server license and a Client Access License (CAL) for each version of a
product a workstation attaches to and uses that runs on a server. This Agenda Item requests the
approval and purchase ofa minimal Microsoft Enterprise Agreement in order to ensure compliance
with Microsoft licensing [or server software and Client Access Licenses.
PREVIOUS RELEVANT BOCC ACTION:
Approval of 2007 Technical Services Budget that includes this purchase.
CONTRACT/AGREEMENT CHANGES:
Purchasing via the Florida State Contract with SHI, Contract #: 255-001-01-1
SHI is the DMS (Department of Managemcnt Services) chosen, sole source supplier for Microsoft
Software .
STAFF RECOMMENDATIONS:
Approval, purchase and execution of this Enterprise Agreement.
TOTAL COST:
$1 12.320.00
BUDGETED: Y cs ~ No
COST TO COUNTY: $112.320.00
SOURCE OF FUNDS:
00 1-05003
REVENUE PRODUCING: Yes
No...x AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Managemcnl_
Doeu MENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised llf06
O,~~cT,Y ~02~~E
(305. ~'J4 4641
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
...~_Nl.. _.,~
i::t;i'.~": .,:~{;~~~:"
..~ ,'.
f,.~ ~...' ~';...i
'.".. -............~ .. .J
.~\:::~~,~-: ~i$)j
. ...r.....:,>~.~..:~' ,.
Technical Services Division
1200 Truman Avenue, Suite 2 II
Key West. FL 33040
(305) 295-5110
Date:
December 5, 2006
Subject:
Agenda Item ~ Microsoft Enterprise Agreement
This item requests approval for the County to purchase and enter into a Microsoft Enterprise Agreement for
license compliance and support for Microsoft Client Access Licenses.
History and Reasoning
There are currently 36 servers in use by Teclmical Services to scrve the Board of County Commissioners
organization, all using one version or the other of a Microsoft operating system. It cannot be affirmatively
established that eaeh of these servers was properly licensed by purchasing thc appropriate product from
Microsoft. Additionally, the grov.1h of Infonnation Technology within this organization has resulted in
additional Clients computers being added. The use of Microsoft software technology requires both a server
license and a Client Access License (CAL) for each version ofa product a workstation attachcs to and uses
that runs on a server.
For example, if a user uses Microsoft Exchange, a Microsoft file server, and an application lhal attaches to a
Microsoft SQL server, it is required to have a CAL for Exchange, a CAL for Windows Server and a CAL for
SQL Server.
To make this even more complex. each version of each Microsoft product rcquires a different purchasc of a
CAL for each version of the product. If a user attaches to and uses Windows 2000 Server, Windows NT
Servcr and Windows 2003 server, a scparate CAL is required for each.
This can get difficult to manage and expensive as all this usage is tallicd and multiplied.
In a complicated enterprise situation such as ours, Microsoll oilers a packaged "Enterprise Agreement",
which packages server licensing for a "per workstation" fee. The tenn of this agreement is three years.
The simplest and least expensive of these is the $96.00 (FL State Contract pricc) per workstation "eAL EA",
which licenses the user to use any and all of the included products for a flat fee for one year. More
complicated and more expensive agreements that would include Office 2007 arc available, but wcrc not
considered due to budgetary constraints.
Pricing and Procurement
For a minimum ora 3 year agreement, $96.00 per workstation is based on a 100,000 scat enterprise, bid
negotiated by the State of Florida and awarded 10 SHI exclusively. There is no beller pricing available.
Technical Services used the active directory count o[ workstations that appeared on our network within the
last 90 days. We eliminated workstations which we knew were temporary and that belonged to the Library
organization, who qualifies for better pricing under Microsoft's Library and Education program. We have
detcnnincd that Ihere arc 390 active Microsoft workstations on the network.
Each year, we must count workstations on the anniversary of this agreement. The total cost orthe agreement
will then gu up or down by the number o[ workstations we count.
Assuming the number orworkstalions remains statlc, the cost orthis agreement over three years is as
follows:
FY 2007 $ 37,440.00
FY 2008 37,440.00
FY 2009 37,440.00
TOTAL $112,320.00
:JPL
Micke V. Baker
Divisi lJDireclor, Technical Services
Enterprise Enrollment (indirect)
Mictosott-I Volume Licensing
State and Local
Framework ID
Enterprise Agreement number
Reseller or Microsoft affiliate 10
complete
Enrollmel1t l1umber
M/cruwfll1fflHate fa complete
Reseller purchase order
number
Rose/lor 10 comploto
Microsoft Business Agreement
number {if applicable}
Rosa/lorN Microsoft affiliate to
complete
Previous Qualifying Enrollment
number
Reseller /a complete
Previous Qualifying
Enrollment end date
Reseller /0 complete
This Microsoft Enterprise Enrollment is entered into between the following entities signing, as of the
effective date identified below,
Definitions. When used in this enrollment, "you" refers to the entity that signs this enrollment with us,
and "we" or "us" refers to the Microsoft entity that signs this enrollment.
"Qualifying Enrollment," means (i) an enterprise enrollment under a separate Microsoft Select Master
Agreement or Microsoft Enterprise Agreement; (ii) any enterprise subscription enrollment entered into
under a separate Microsoft Enterprise Subscription Agreement; or (iii) any other enrollment submitted
under the Microsoft Enterprise Agreement identified on the cover page.
All other definitions in the Microsoft Enterprise Agreement identified above apply here.
Effective date. If you are renewing Software Assurance from one or more previous "Qualifying
Enrollments" then the effective date will be the day aft:er the first Enrollment expires.
Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Qualifying
Enrollment is being used, your reseller will require that enrollment number and end date to complete the
applicable boxes above.
Term. This enrollment will expire 36 full calendar months from the effective date. It could be terminated
earlier or renewed as provided in the Microsoft Enterprise Agreement. We will advise you of your renewal
options before it expires.
Representations and warranties. By signing this enrollment, the parties agree to be bound by the
terms of this enrollment, and you represent and warrant that (i) you have read and understand the
Microsoft Business Agreement identified above (if any) and the Microsoft: Enterprise Agreement, including
all documents it incorporates by reference and any amendments to those documents, and agree to be
bound by those terms; and (ii) you are either the entity that signed the Microsoft Enterprise Agreement or
its affi liate_
Non-exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or
promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with
other parties to license, use or promote non-Microsoft: software or services.
SLG Microsoft Enterprise 6.4 Enroliment
(Indirecl)(North America) June 2006
Cover page
N36
Page 1 of 11
This enrollment consists of (1) this cover page, (2) the Contact Information Page(s), (3) the Enterprise
order information, (4) the Reseller Infonnation Form, (5) the product order as provided to us by the
reseller (6) the Media Order Form, and (7) the Core User CAL Tenns and Conditions (if applicable).
Contracting Microsoft Affiliate
Name of entity *
Monroe County sacc Microsoft Licensing, GP
Signature * Signature
Printed name. Printed name
Printed title * Printed title
Signature date * Signature date
(data M;crosoft affiliate countersigns)
Effective date
* indicates required fields (may be Mfa ram than our sig n atu ra date)
.
Microsoft Volume Licensing web sites
(Nole. We 'mil advise you of 31lV ch<lnges 10 these URLs)
Product use rights http://microsoft.comllicensinq
Product List http://microsott.comlllcensinQ
i Microsoft Volume Licensing Services (MVLS) ,
. (oass"",, rd oro/actad srta to view 0 rd ern !inda r th;s enrollme nt) https:/flicensing,microsoft.com/
I Customer guide http://microsoft,com/licensing/programs/
-- .--
Notices to Microsoft should be sent to: Copies should be sent to:
MSLI,GP
6100 Neil Road, Suite 210
Reno, Nevada USA 89511-1137
Dept 551, Volume Licensing
Microsoft
Law and Corporate Affairs
One Microsoft Way
Redmond, WA 98052 USA
Volume Licensing Group
(425) 936-7329 fax
Attachments:
.l8l Media Order Form (reQuired)
0 ----
Core User CAL Terms and CondiUons, if applicable
0 MS Capital Form, if applicable
Customer. Please remit to your reseller.
Reseller. Please remit to Microsoft.
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(Norlh America) June 2006
Cover page
N36
Page 2 of 11
1. Contact information. Each party will notify the other in writing if any of the infonnation in
the following contact information page(s) change. The" indicates required fields. By providing contact
Information, you consent to its use for purposes of administering this enrollment by us, our affiliates, and
other parties that help us administer this enrollment.
Primary contact information: The customer signing on the cover page must identify an
individual from inside its organization to serve as the primary contact. This contact is the default online
administrator for this enrollment and receives all notices unless you provide us written notice of a change.
The online administrator may appoint others as administrators and grant olhers access to online
information.
Name of entity'
Monroe County soee
City .
Key West
Country ..-
I USA
State/Province.
Last Saker
I First Micke
" Contact emai! address (required for online oaooss) .
Baker-mickey@monroecounty-fl.gov
Phone
Street address'
1200 Truman Ave, Suite 211
FL
305-295-5130
Postal code"
Fax
33040
305-295-5105
Notices and online access contact information: Complete this only if you want to
designate a notices and online access contact different than the primary contact. This contact will
become the default online administrator for this enrollment and receive all notices. This contact may
appoint other administrators and grant others access to online infonnation.
Notices and online access contact
~ Same as primary contact
Name of entity Contact name
Last
First
Street address Contact email address (required for onUne access)
--- ------- ---
City State/Provi nce Phone
Country Postal code Fax
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) June 2006
Contact information
N36
Page 3 of 11
Language preference: This section designates the language in which you prefer to receive
notices.
l EngliS~
Additional electronic contractual notices contact information: This contact will
receive electronic contractual notices in addition to the notices contact. This contact is not required if you
do not want an additional set of notices issued.
Electronic contractual notices contact
Name of entity Contact name
Last
First
Street address Contact emai I address (required for eleclronk; nOli""s)
-.- ----.-.---.. -.----
City State/Province Phone
__ ._n_
Country Postal code Fax
Software Assurance benefits contact: This contact will receive communications concerning
Software Assurance benefits, and any additional TechNet subscriptions that have been ordered
separately from Software Assurance under this enrollment. This contact is optional. If this contact is not
completed, any notices for Software Assurance benefits will default to the notices and online contact
Software Assurance benefits contact
Name of entity Contact name
Last
I First
Street address Contact email address (required for electronK: nolioos)
City State/Provi nce Phone
Country Postal code Fax
I
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) June 2006
Contael information
N36
Page 4 of 11
MSDN contact: This contact will receive communications conceming registration for MSDN
products ordered under this enrollment This contact is optional. If this contact is not completed, any
notices for MSDN will default to the notices and online contact.
MSDN contact
Name of enTIty Contact name
Last
First
Street address Contact em ail address (required for electronic notices)
! ..-.,
City state/Province Phone
I
, - I Fax .-
I Country Postal code
I I
Microsoft account manager: This section designates your Microsoft account manager contact.
Microsoft account manager name
Microsoft account manager email address
kurtl ie@microsoft.com
Kurt Lieberman
SLG Mir::rosoft Enterprise 6_4 Enrollment
(Indirect)(North America) June 2006
Contact information
N36
Page 5 of 11
2. Defining your enterprise.
Use this section to identify which affiliates will be included in your enterprise. Your enterprise must
consist of entire government agencies, departments or legal jurisdictions, not partial govemment
agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely "out." All
affiliates acquired after the effective date of this enrollment that are not party to a Qualifying Enrollment of
their own will automatically be included unless you fill in part b below.
a, Use this part (a) to determine which carrent affiliates will be included in your enterprise.
Check only one of the boxes in part (a).
[2J
D
Only you (and no other affiliates) will be participating
You and the following affiliates will be participating
(attach a I;st of !lamss on a separale piece of paper;r more thall 10 alHl;ates are being Included);
2
3
4
5
6
7
8
9
10
b. Use this patt (b) to indicate whether affiliates witfl which you cOr/solidate after the enrollment
effective date will be included, Unless you check the box below, all affiliates you
consolidate with after the enrolfment effective date that are flat patty to a Qualifying
Enrollment of their own wifJ automaticafly be included.
iii
Exclude all affiliates consolidated V>lith after the enrollment effective date that are not party to a Qualifying
Enrollment of their own_
SLG Microsoft Enterprise 6_4 Enrollment
(Indirect)(North America) June 2006
Enterprise order information
N36
Page 6 of 11
3. Selecting your language option.
Select the option for the languages in which you will run the products licensed under this enrollment
Th e 0 ptions and their corresponding lang uages are identified he re,
All Languages
Arabic
Bulgarian
Chinese Simplified
Chinese Traditional
Croatian
English 1 Hebrew
Indic
Japanese
Korean
Portuguese (Brazil)
Romanian
Russian
Serbian
Spanish2
Thai
Turkish
Ukrainian
1 English is a Listed Language if this enrollment is signed outside of the following countries and a Restricted
Language if this enrollment is signed inside these countries: Austria, Belgium, Cyprus, Czech Republic,
Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, United Kingdom,
Switzerland, Sweden, or Spain_ English is a "Listed Language", except when restricted as described in the
"Restricted Languages" list (see footnote 3)
Danish
Dutch
English ~
Finnish
French3
Gennan
Greek
ltaHan
Norwegian
Portuguese (portugaO
Spanish2
Swedish
Czech
Estonian
Hungarian
Latvian
Lithuanian
Polish
Slovenian
Slovak.
7 Spanish is a Listed Language only if this enrollment is signed in Latin America and is otherNise Restricted
Language,
3 French is a "Listed Language," if signed in Canada
· Select All Languages to run your products in any of the Listed, Extended or Restricted
Languages. This option also allows you to run Multi-Language packs for your products.
. Select Listed Languages to run your products in those languages.
. Select Extended Languages to run your products in those languages.
· If you select th e Listed or Exte nded La ngu ages optio n you may ru n up to 10% of the
copies of each of your products in All Languages.
Check one box
[g] Listed languages
D All Languages
D Extended languages
SLG Microsoff Enterprise 6_4 Enrollment
(Indirect)(North America) June 2006
Enterprise order information
N36
Page7of11
4. Language allocation.
Provide us with your good faith estimate of the specific languages in which you will run all copies of all
products and the approximate percentage of those copies you will run in each language. Information that
you provide here does not I1mit your future use of products under this enrollment in any permitted
language within the language group you select above. Attach a separate sheet if more space is needed.
Language
Percentages
English
100%%
%
%
%
5. Applicable currency.
Payments made in connection with this enrollment must be in U.S. Dollars
6. Establishing your price level.
The price level for enterprise products is determined by the terms and conditions of the enterprise
agreement. Your price levet for additional products will be level uO".
Qualified desktops: You represent that the total number of qualified desktops
in your enterprise is, orwilf be increased to, this number during the initial term of 390
this enrollment (This number must be equal to at least 250 desktops).
Qualified users: You represent that the total number of qualified users in your enterprise
is, or wilt be increased to, this number during the initial term of this enrollment (This
number must be equal to at least 250 users).
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) June 2006
Enterprise order information
N36
Page 8 0111
7. Enterprise product orders~
Your reseller will provide you with your product pricing and order. Your prices and payment
terms for all products ordered will be determined by agreement between you and your reseller.
Your reseller will provide us with your order separately from this enrollment.
We will invoice your reseller in three equal annual installments for the enterprise products covered by
your initial order. The first installment will be invoiced to your reseller upon our acceptance of this
enrollment; the remaining installments wilt be invoiced at the next two anniversaries of the enrollment
effective date. We wlll invoice your reseller for the enterprise products covered by any true up orders in
total upon our acceptance of each true up order.
Select the enterprise products to be covered by your initial order. If you select the Gore GAL you must
select either desktop or user licenses.
Enterpnse Products Desktop User
Licenses Licenses
I
Windows Desktop Operating D
System Upgrade
Office Professional 1 , D
--
Office Standard 1 ) D
Core Client Access License 1,2 0 0
Exchange Server Client Access I [Z] 0
License 2
SharePoint Portal Server Client 0 0
Access License 2
Windows Server Client Access lSJ 0
License 2
Systems Management Server
Configuration Management lSJ
License
--
Windows Terminal Services D 0
Client Access License 2 i
Office Live Communication I
Server Client Access License 2 D 0
SQL Server Client Access lZ! 0
License 2
1 The components of the current versions of Office Professional, Office Standard and the current versions of the
components that make up the Cafe CAL, are identified in the Product List
2 If you select a User CAL a nd the ag reement identified on the cover page is version 6.1 or eariier, the
User CAL Tenns and Conditions apply.
SLG Microsoft Enterprise 6.4 Enrollmenl
(Indirect)(North America) June 2006
Enterprise order information
N36
Page 9 of 11
8. Additional Products
We will invoice your reseller for each additional product covered by your initial order in three equal annual
installments. The first installment will be invoiced to your reseller upon our acceptance of this enrollment;
the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date.
We will invoice your reseller for any new additional product not initially included in your enrollment in total
upon our acceptance of your order. We will invoice your reselfer for additional products initially included in
your enrollment and covered by any true up order submitted during the initial term in total upon our
accepta nee of you r true up order,
9. Qualifying systems licenses.
All desktop operating system licenses provided under this program are upgrade Licenses. No full
operating system licenses are available under this program, Therefore, if you select the Windows
Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run
the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating
systems identified in the Product List at htto:llwww.microsoft.com/licensinQ. Note that the list of operating
systems that qualify for the Windows DeSktop Operating System Upgrade varies with the circumstances
of your order. That list is more extensive at the lime of your initial order than it is for some subsequent
true ups and system refreshes during the term of your enrollment.
10. Renewal orders.
For any 36-month renewal, your renewal order will be invoiced to your reseller in three annual
installments. The first installment will be invoiced upon our acceptance of the renewal order; the
remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal
term. For any 12-month renewal and for any true up orders, we will invoice your reseller in total upon our
acceptance of your order.
SlG Microsoft Enterprise 6.4 Enrollment
(lndirect}(North America) June 2006
Enterprise order information
N36
Page 10 of 11
Your rese!ler should complete the following sectIons and sign this form where mdlcated
General information
Reseller company name:
SHI
Street address (PO boxes will not be accepted)
2 Riverview Drive
City and State I Province and postal code:
Somerset, NJ 08873
Country:
USA
Contact name:
Phone number:
888-764-8888
Fax number:
732- 537-7325
Email address:
msteam@shLcom
The undersigned confirms that the resetler information is correct
Name of reseller
SHI
Signature
Printed name
Printed title
Licensing Specialist
Dale
SLG Microsoft Enlerprise 6.4 Enroilment
(Indirect)(North America) June 2006
Reseller information form
N36
Page 11 of 11
SLG Enterprise and Enterprise Subscription Media Order Form
Media shipping information form - starter CD kit
Enrollment information
Reseller contact
Agreement
number (Reseller or
M IC:005U11 ~fr,h"ll! I"
com lele
Company name:
Enrollment number
(M,erosof! "tI,li"te !o
com lele
.
.
-
. I
. I
Contact email:
Contact phone:
THIS FORM MUST BE ATTACHED TO AN ENROLLMENT.
At your option, starter CD kits and CD-ROM subscriptions relating to your enrollment that you choose to
receive will be shipped to the address below. Terms used but not defined in this form have the meanings
given to them in your enrollment identified in this form.
The starter CD kit ship to information identifies the delivery location. If you do not elect physical media,
and intend to download copies of software instead, please provide the download delivery location as the
starter CD kit ship to information.
Starter CD kit ship to information (T mdlcates required i/lformation)
[8] Same as notices contact In the enrollment
Customer name. Contact name ·
Street address. (no PO ooxes accepted) Contact email address *
City and State I Province. Contact phone number *
Country and postal code * Contact fax number
If you choose below to receive media, then upon our acceptance of your enrollment, we will send you your starter
CD kit in the language(s) you select This starter CD kit will be provided at no additional charge, in order to permit
you to exercise the license rights granted under your enrollment and related Enterprise Agreement You may also
subscribe to l1pdates in the form of CDs, or upon reasonable notice, electronic download or similar other means. If
you need additionai starter CD kits and updates, you may order these through your reseller for a fee. For a
complete list of the contents of any kit, visit the web site at http://selectugmslicensecoml.
[gJ
Yes, I want to receive a starter CD kit (media)
lZ1
Yes, ] want to subscribe to receive CD kit
updates
D
No, I do not want to receive a starter CD kit
(media)
o
No, I do not want to subscribe to receive CD
kit updates
SLG Microsoft Media Order Form v6A
(North America) (indirect) December 1, 2005
Page 1 of2
SLG Enterprise and Enterprise Subscription Media Order Form
Media shipping infonnation fonn - starter CD kit (continued)
Kon iPan-Chinese
Estonian
Finrlish
French
German
Greek
Hebrew
Hun arian
Italian
Romanian
Russian
Serbian
Slovak
Slovenian
S anish
Swedish
Thai
Turkish
Ukranian
o
o
o
o
o
o
o
o
o
o
. Mapping Kit is not ava ilable for use in or shipment to India, Hong Kong SAR, Macau SAR, China,
Morocco Pakistan, and Turkey.
.. Before installing a ny of the Mu!tilanguage Packs, lhe Engiish version 01 the product must first be
installed. If you order English/Multilanguage, you must a Iso order English.
... Chinese Simplified Windows XP Professional is not available in the Erlterprise Chinese Simplified
Kit and is only available In certain countries. Contact your reseller for availability In your region.
" Not Avallabie
SLG Microsoft Media Order Form v6.4
(North America) (indirect) December 1, 2005
Page 2 of 2
Monroe County BOCC
Cee Roth
1200 Truman SI
Suite 211
Key West, Fl33040
Phone:
Fax:
Email: Roth-Cee@monroecounty-fi.gov
All Prices are in US Dollar{USD)
Product
Pricirtg Proposal
Quotation it 1882459
Created On: Oct-27-2006
Valid Until: Nov-26-2006
Account Executive
Thomas Naelon
18069 SW 152nd Ave.
Miami, FL 33187
Phone: 305-971-5266
Fax: 305-971-5283
Email: thomas_naeion@shLcom
Qty
Your Price
Total
MS Enterprise Desktop - BackOffk:e CAl Annual Payment
MICROSOFT - Part#: A01-00039-B
Note: BackOffice CAl includes WIndows Server CAL, Exchilrtge CAL, SMS CAL,
SOL CAl
Additional Comments
390
$96,00
$37,440,00
Total $37,440.00
State of Florida Contract 255-001-01-1
This price is the annual payment for a three year contract under the Microsoft Enterprise Agreement for the State of Florida.
Ward-Bob
From:
Sent:
To:
Subject:
Deana Bieg [debieg@microsoft.com]
Friday, February 26,20108:34 AM
Ward-Bob
Florida State Contract
Good morning Bob,
The licensing team here at Microsoft sent the below information regarding the State of Florida EA contract. It is
currently held by SHI who was reawarded that contract last year. SHl is the only reselier who is eligible to see the State
and local pricing in the state of Florida on both the EA and Select agreements. The verbiage of that contract is between
SHl and the state of Florida so the best route to get the inforamtion you are needing would be to go through Fl DMS
directly. They would be who holds the contract for the state.
Please let me know if you have any questions or need assistance.
){-"Master Agreement Detail
Master Agreement Summary
,~sler AQr~me!l1 t~ 0 lf6176 7
&...~ Agr~l t.turnbel 'Y;:'75-.1:r.:;
Prl!Tl3l"V Customer r.ame TI-,e ::.ldt': Qf.F.i.:;',c'~j~t<;'J .~J' 3""~~5:.!!lt:Jh~ E'1:'l-'! of-,"::~~!",.j1Jeff''':l"1t :'i:"';:'.~':; ij,,;fj 5tr.lti.' Tl"9; Office !1}.:;:;.,! I;"
AgreerT'ef'lt 5 tar I D,'Ite 2003 -D6;) 1
Rene'.\'a1 End D"te 2026-D5.31
Partidpant:s (783 rows)
Pubk Customer
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Eh 5.t>.l),)
Pf/lTbooonl T voe
Add. ~tTornc
Notices Cor'itatt
(us torrler ~ (0Ilta<: t f0mc
",,~ Stat!> of F1Q"da, a':bng by ~ throuQh Lo" PotlS
the [)e<pl of Ma'139l"ffler"t Se'''/Ke~ and
State Tech Ofl'ke
Ernad ~ess
lol'l.Po~$dms. myfllYid& ,CCllT'l
Thank you,
Deana Bieg I Public Sector Territory Manager I Microsoft Corporation
7000 North State Highway 161 I Irving, TX 75039
I 469.775.79451 debieg@microsoh.com
1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division:
County Administration
Bulk Item: Yes -X..
No
Department: Proiect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Receipt of monthly report on change orders reviewed by the County
Administrator's Office.
ITEM BACKGROUND: There were no change orders considered and approved by the County
Administrator for the period beginning February 1,2010 and ending February 28,2010, and no change
order requests denied by Project Management or Engineering Services.
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.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST:
N/A
Indirect Costs
BUDGETED: Yes N/ A
No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_L-
DIsPosmON:
AGENDA ITEM #
Revised 7/09
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: Administration Services
Bulk Item: Yes -X- No
Department: Project Management
Staff Contact PersonlPhone #: Peter Horton X521 0
Ann Riger X4439
AGENDA ITEM WORDING: Approval of First Amendment to the Art in Public Places Agreement
with Nan Thurn Kitchens d/b/a Architectural Clayworks to allow the chose work to be exlnbited in a
different location at the Key West International Airport.
ITEM BACKGROUND: The medium used in this work is heavy handmade ceramic. It has been
determined that the original location above the ticket counter would require reinforcement in order to
support the work. At the artist's request, the Board of Art in Public Places met and voted on a location
in the departure area.
PREVIOUS RELEVANt' BOCC ACTION: On February 19, 2009, the BOCC approved the Award . --
of an Agreement for Art in Public Places to Nan Thurn Kitchens d/b/a Architectural Clayworks, for
artwork at the Key West International Airport.
CONTRACT/AGREEMENT CHANGES: The location for the exhibition of the artwork is changed
to three walls in the departure area that will not need to be reinforced.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: No AddU Cost INDIRECT COST: -0- BUDGETED: Yes -LNo_
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes_ No X AMOUNTPERMONTH_ Year
HtJf~~.. . k
APPROVED BY: County Atty ~ O~{Jurchasmg _ Ris Management_
DOCUMENTATION: Included X NotRequired_
DISPosmON:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Nan Thurn Kitchens Contract #_
Effective Date: March 17, 2010
Expiration Date:
Contract PurposelDescription:
Amendment #1 to relocate the installation of the Hand Sculpted Glazed Ceramic
sculntures at the Kev West Aimort. Art in Public Places
Contract Manager: Ann Riger X4439 Facilities DevellStoo #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 03/17/10 AJzenda Deadline: 03/02110
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000.00 Current Year Portion: $ 16,665.00
Budgeted? Y es~ No D
405-
Account Codes: 630901-560620-GAKBOl-530340~_
Grant: $ N/A
County Match: $ N/ A
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance., utilities, ianitorial. salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO NoD
Risk ManagfmentaifJ6 YesO No
P;x;. (j ,'Di\<l
O.M.B.lPtirch~ing '3..-1-10 YesO No
CountyAttomey 1i?ifu2- YesDN~,ke-, v~f1
Comments:
Date Out
FIRST AMENDMENT TO
MONROE COUNTY ART IN PUBLIC PLACES A WARD
AGREEMENT DATED FEBRUARY 18,2009
WITH NAN THURN KITCHENS
On this day of March 20 10, the Board of County Commissioners of Monroe County,
Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with
the powers enumerated in Section 12S.0l, Florida Statutes ("County") and Nan Thurn Kitchens
("Artist"), hereby entered into this First Amendment to their agreement dated February 18,2009.
WHEREAS, the parties have an existing agreement to provide services to Monroe
County; and
WHEREAS, the parties desire to continue the agreement between them; and
WHEREAS, the parties have determined that the placement of a portion of the artwork
originally contracted for between them should be installed at different location within the Key
West Airport.
NOW THEREFORE, in consideration of the mutual promises and considerations, the
parties agree to amend the Agreement as follows:
1. Paragraph 2 of the agreement shall be amended to relocate the installation ofthe large-scale
Hand Sculpted Glazed Ceramic sculptures from above the ticket counters to the departure area.
The Hand Sculpted Glazed Ceramic panels at the elevators shall remain in the same location.
Paragraph 2 shall be amended to read:
"2. SCOPE OF THE AGREEMENT: The artist shall provide:
Hand Sculpted Glazed Ceramic panels installed permanently on each side and
over both exterior downstairs elevator doors. The total is 4 panels measuring at
least IS"X 86" and two panels measuring at least IS"x 88" - price $IS,OOO.OO
Three large scale Hand Sculpted Glazed Ceramic sculptures installed
permanently on three walls in the departure area. The wall measurements and
related sculpture measurements are shown below.
Wall
20' S" x 9'2"
27' 10" x 9'2"
20' 10" x 9'2"
Sculpture
6.S' x IS'
7' x 26'
6.S' x IS'
The price for these threes sculptures is $3S,000. A photograph of each wall with
a drawing approximating each sculpture is attached as Composite Exhibit A
(consisting of three photos) to this amendment.
It is agreed that the wall that presently houses an advertisement will not be used."
2. The artist recognizes and that the location of the installation as set out above is in a secure
area of the airport and agrees that the installation of the artwork shall be accomplished after the
last flight of given day has departed and before passengers begin to arrive on the first morning
Page 1 of2
flight of a given day. The artist shall arrange for the installation with Ms. Liz Young or her
designee, at least one week prior to arrival for installation and recognizes that installation dates
and times may be changed without notice due to security demands. If installation of the Hand
Sculpted Glazed Ceramic panels by the artist is delayed due to security related issues, the County
shall not be held liable by the artist and the artist shall not be held liable by the County.
3. All other paragraphs of the February 18,2009 Agreement not amended herein shall remain in
full force and effect. This amendment shall not change the past or future payments as originally
agreed between the parties.
4. This amendment shall become effective upon execution by both the Artist and by the Board
of County Commissioners of Monroe County, Florida.
Attest:
Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County, Florida
By:
Deputy Clerk
By:
Sylvia Murphy, Mayor
Date:
Nan Thurn Kitchens
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nnt Name
Date: ';bz-/v
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fVIONROE COUNTY ATTORNEY
PROVED I\S TO FOf)M/
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NATlLEE!','E 'IV. '~ASSEL
ASSISTANT COUf\JTYll,TTOR
Date "'3/ / /D NEY
Page 2 of2
Composite Exhibit A
to
FIRST AMENDMENT TO
MONROE COUNTY ART IN PUBLIC PLACES AWARD
AGREEMENT DATED FEBRUARY 18,2009
WITH NAN THURN KITCHENS
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Monroe Countv Art in Public Places Award A2reement
This AGREEMENT dated the 1l.day of February. 2009, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County", and NAN THURN KITCHENS DIB/AI ARCHITECTURAL
CLA YWORKS hereinafter "Artist",
SSAN # ftJ J 1~J).
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC g2-
322(A), provides for an appropriation of I % of the construction costs for new
construction exceeding $500,000 and renovations exceeding $100,000; and
WHEREAS, the Ordinance established an Arts in Public Places (AIPP)
Committee to advise the County Commission regarding art to be acquired and installed in
each public construction project subject to the AIPP allocation; and
WHEREAS, the AIPP Committee has selected and recommended to the BaeC
one or more artists for this project; and
WHEREAS, the Board of County Commissioners of Monroe County have
detennined that it is in the interest of the promoting the understanding and awareness of
the visual arts to contract for the creation and installation of artwork in the Key West
International Airport.
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the parties have entered into this agreement on the tenns and conditions
as set forth below.
I. AGREEMENT PERIOD: This agreement is for the period February 18, 2009
through 120 days subsequent to date of issuance of Certificate of Occupancy or
Certificate of Completion for building. This agreement shall remain in effect for
the stated period unless one party gives to the other written notification of
termination pursuant to and in compliance with paragraphs 7, 12, and I3 below.
All work for which AIPP funds are to be expended must be completed by the
stated tennination date.
2. SCOPE OF AGREEMENT: The Artist shaJl provide
Hand Sculpted Glazed Ceramic panels installed permanendy on each side and
over both exterior downstairs elevator doors. The total is 4 panels measuring at least
15" x 86" and two panels measuring at least 15" x 88" - $15,000.00
Three large scale Hand Sculpted Glazed Ceramic sculptures installed
permanently on 8' x 120' waR above the ticket counters. Total square footage of all
three pieces combined is at least 150 s.f. - $35,000.00
Artist shaH confer with and coordinate activities with the construction contractor
on the job in order to insure that there is as much cooperation and cohesiveness in
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the incorporation of the art into the building under construction, and so that there
shall be the least amount of interference between the Artist and the Contractor.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed $50,000.00 for materials and services used to create and
install the project. The Board of County Commissioners assumes no liability to
fund this agreement for an amount in excess of this award. Monroe County's
perfonnance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC. Pursuant to Florida's Prompt Payment Act,
upon receipt by County of an Invoice for each of three (3) phases, and
documentation to satisty the Clerk that the appropriate phase has been
completed, payment shall be made for the following phases at the referenced
rates:
I) Desi811 Phase:
2) Materials:
33.3% of total payment;
33.3% of total when artist submits receipts for materials and
eligible costs equal to or greater than 33.3% of the contract total;
and
33.3% final payment due when installation is deemed complete
and contractual agreement specifications are verified by the
Monroe County Purchasing Department or designee.
3) Completion:
E1ilrible costs and expenditures for the proiect and the total award include. but are not
limited to:
A. Artist's design fee
B. Labor, materials, contracted services required for production and installation
C. Artist's operating expenses related to the project
D. Travel related to this project, pursuant to statutory limitations
E. Transportation of the work to the site
F. Installation to the site
G. Pennits and fees necessary for the installation (applicable for exterior projects
which also require HARC review)
H. Legal costs directly related to the project
I. Liability costs of artist
Payment shall be made upon presentation of an original invoice and documentation
necessary to support the completion of the work. Artist shall also provide a release of
lien if applicable.
Final payment request must be submitted no later than 60 days after the completion of the
project.
4. OWNERSHIP and RIGHTS: Upon the installation of the artwork, County shall
own the artwork and all rights related thereto fully and completely.
5. RECORDS: The Artist shall keep such records as are necessary to document the
perfonnance of the agreement and give access to these records at the request of
the County, the State of Florida, or authorized agent and representative of said
government bodies. The Artist understands that it shall be responsible for
repayment of any and all audit exceptions which are identified by the Auditor
General for the State of Florida, the Clerk of Court for Monroe County, the Board
of County Commissioners for Monroe County, or their agents and representatives.
6. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the
terms of this agreement shall be only amended in writing and approved the Board
of County Commissioners for Monroe County.
7. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder,
the Artist is an independent contractor and not an employee of the Board of
County Commissioners of Monroe County. No statement contained in this
agreement shall be construed as to find the Artist or any of its employees,
contractors, servants or agents to the employees of the Board of County
Commissioners of Monroe County, and they shall be entitled to none of the rights,
privileges or benefits of employees of Monroe County.
8. COMPLIANCE WITH LAW: In carrying out its obligations under this
agreement, the Artist shall abide by all statutes, ordinances, rules and regulations
pertaining to or regulating the provisions of this agreement, including those now
in effect and hereafter adopted. Any violation of said statutes, ordinances, rules
or regulations shall constitute a material breach of this agreement and shall entitle
the County to terminate this agreement immediately upon delivery of written
notice of termination to the Artist.
9. HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees to
indemnify and hold harmless the BOCC Florida Keys Council of the Arts, AIPP
Committee and Monroe County and any of their officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages, costs,
expenses (including but not limited to fees and expenses arising from any factual
investigation, discovery or preparation for litigation), and the payment of any and
all of the foregoing or any demands, settlements or judgments arising directly or
indirectly under this agreement. The Artist shall immediately give notice to the
County of any suit, claim or action made against the County that is related to the
activity under this agreement, and will cooperate with the County in the
investigation arising as a result of any suit, action or claim related to this
agreement.
10. ANTI-DISCRIMINATION: The Artist agrees that they will not discriminate
against any of their employees or applicants for employment or against persons
for any benefit or service because of their race, color, religion, sex, national
origin, or physical or mental handicap where the handicap does not affect the
ability of an individual to perform in a position of employment, and to abide by
all federal and state laws regarding non-discrimination.
II. ANTI-KICKBACK: The Artist warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, and that no employee
or officer of the County has any interest, financially or otherwise, in the said
funded project, except for general membership. For breach or violation of this
warranty, the County shall have the right to annul this agreement without liability
or, in its discretion, to deduct from the agreement price or consideration, the full
amount of such commission, percentage, brokerage or contingent fee.
12. TERMINATION: This agreement shall terminate pursuant to Paragraph #1.
Termination prior thereto shall occur whenever funds cannot be obtained or
cannot be continued at a level sufficient to allow for the continuation of this
agreement pursuant to the terms herein. In the event that funds cannot be
continued at a level sufficient to allow the continuation of this agreement pursuant
to the terms specified herein, this agreement may then be terminated immediately
by written notice of termination delivered in person or by mail to Artist. The
County may terminate this agreement without cause upon giving 90 days written
notice of termination to Artist. The County shall not be obligated to pay for any
services or goods provided by Artist after Artist has received written notice of
termination.
13. TERMINATION FOR BREACH: The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall
take place immediately upon receipt of written notice of said termination. Any
waiver of any breach of covenants herein contained to be kept and performed by
Artist shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the County from declaring a forfeiture for any
succeeding breach either of the same conditions or of any other conditions.
14. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect to such subject matter between the County and the
Artist.
15. CONSENT TO JURISDICTION: This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida,
and both parties agree that the proper venue for any actions shall be in Monroe
County.
16. ETHICS CLAUSE: Artist warrants that he has not employed, retained or
otherwise had act on his behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For breach or
violation of the provision the County may, at its discretion terminate this
agreement without liability and may also, at its discretion, deduct from the
agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former or present
County officer or employee.
17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on an agreement to provide any goods or services to a public
entity, may not submit a bid on an agreement with a public entity for the
construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under an agreement with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
Artist represents that Artist is not on the Convicted Vendor list.
18. AUTHORITY: Artist warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each
of the signatories for the Artist below are authorized to contract Artist's services.
19. LICENSING AND PERMITS: Artist warrants that he or she shall have, prior to
commencement of work under this agreement and at all times during said work,
all required licenses and pennits whether federal, state, County or City.
20. INSURANCE: Artist agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnitY the Artist and the
County from any suits, claims or actions brought by any person or persons and
from all costs and expenses occurring during the agreement or thereafter that
results from performance by Artist of the obligations set forth in this agreement.
At all times during the term of the agreement and for one year after acceptance of
the project, unless the requirement is waived by the Monroe County Risk
Manager, Artist shall maintain on file with the County a certificate of the
insurance of the carriers showing that the aforesaid insurance policy is in renewal,
material change or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
Acceptance and/or approval of Artist's insurance shall not be construed as
relieving Artist 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 Inured" on all policies except worker's
compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County form titled "Request for Waiver of Insurance
Requirements" and must be approved by Monroe County Risk Management. The
following coverages shall be provided prior to commencement of work governed
by this contract:
I. Workers Compensation if, and as required by Florida Statutes
2. General Liability Insurance. Coverage shall be maintained through out 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 shaH 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.
21.
NOTICE: Any written notice to be given to either party under his
agreement or related hereto shall be addressed and delivered as follows:
For Artist
For County:
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year first above written.
Nan Thurn Kitchens
P.O. Box 371070
Key Largo, FL 33037
Florida Keys Council of the Arts
1100 Simonton Street
Key West, FL 33040
and
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
(Sa1\.L)
ATtEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MON,ROE COUNTY, FLORIDA
BY:,.A...~~. 'rJ~,e4---
Mayor/Chairman
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MONRGE CO(i\JTY ATTCr::;.'. >
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~ CERTIFICj 'E OF LIABILITY INSURA :E i DATE (MII/DOIYY)
A:...c~RH 12/08/08
PRODUCER 1st State Insurance THIS CERTIfICATE IS ISSueD AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE ceRTIFICATE
2804 NE 8 ST STE 202 HOlDER. THIS ceRTIFICATE DOES NOT AMEND, EXTEND OR
Hanestead. FL 33033 Y THE Rl'l twJ.
Phone (786)243-9886 Fax (786)243-9868 INSURERS AFFORDING COVERAGE NAIC .
Nancy Kitchens DBA Architectural Clayworks INSURER A: FCIC- FIRST COMMERCIAL GROUP I
INSURED INSURER B:
PO Box 371070 INSURER C:
Key largo. Fl 33037- INSURER 0:
1(305) 451-9885 INSURER E:
COVERAGES NSURER F:
THE POlICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST ANDf\lG
ANY REQUIREMENT. TERM OR CONOlTlON OF AHY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
tM.Y PERT AlN. THE INSURANCE AFFORDED BY HE POlICIES OE$CRlBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDJTlONS OF SUCH
POlICIES. AGGREGATE LIWTS SHOWN MAY HAVE BEef REDUCED BY PAID ClAIMS.
~ ADO'L TYPE OF INSUR.tNCE POLICY NUMBER POIJCY EFFEClMl POIJCY EXPIRATION LIMITS
I"""", DATI! DATE
GENERAL LIABlUTY EACH OCCURRENCE 300000
~ COMt.ERCIAL GENERAL LIABlLITY Gl-24556 12/09108 12/09/09 ~~J?e:ENTED 10??oo
00 ClAlMSMAOE 0 OCCUR MEt) EXP (Anyone person) 5000
A ~ 0 PERSONAL & N)V INJURY 30??oo
0 GENERAl AGGREGATE 600000
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GEN'l AGGREGATE LUT APPLIES PER: PRODUCTS - COtvFIOP AGG 300000
o POlICY 0 PROJECT 0 LOC
AUTOM08II.E LIMIUTY COMBIIIED SINGLE LIMIT
0 ANY AUTO (Ea accIdenll
0 ALL OWNED AUTOS ~Dll Y INJURY
0 0 SCHEDULED AUTOS Per person)
0 HIRED AUTOS BODlL Y INJURY
0 NON OWNED AUTOS (Per accident)
0 PROPERTY DAMAGE
In (Per accident)
GARAGE L1A8It.ITY ~X'i1 \j ~C AUTO ONLY. EA ACCIDENT
0 0 ANY AUTO 2 OTHER THAN EA ACC
0 AUTO ONlY: AGG
EXCESSIUIIlIlRB.LA LIABIUTY \/ I lCI~ 1A. '-^ EACH OCCURRENCE
o OCCUR o CLAIMS MADE { (5 -{) K _ AGGREGATE
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WORt<ERS COMPENSATION AND OJ.YC.S:rAIU: o ~~H-
EMPLOYERS'LIAIILITY
ANY PROPRIETOR I PARTNER I EXECUTIVE E.L, EACH ACCDENT
OFFICER I MEMBER EXClUDED? E.L DISEASE . EA EMPLOYEE
If 1'88. describe under
SPECIAL PROVISIONS b&Iow E.L DISEASE. POlICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOORSEMEHT I SPECIAL PROYlSlONS
CERTIFICATE HOLDER IS LISTED AS ADDITIONALLY INSURED WITH RESPECT TO THE GENERAL LIABILITY
-
CERTIfICATE HOLDER
DOC ~ ;un~,
CANCELlATION
SHOUlD AMY OF THE AIIOYE DESCRIBED POUCIES BE CAHCEI..LED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER WIll ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTFlCATE HOlDER NAMED TO
THE LEFT, BUT FNLURE TO DO so SHAUIMPOSE NO 08UGATION OR LIA8lUTY
OF AMY KIND UPON THE 1NSlJRER,1TS AGENTS OR REPRESENTATIVES.
, AUTHORlZEDREPRESENTATlVE ~~L- _;,~
@ACORD CORPORATION 1988
Monroe County
FocI/mas Development
Board of Monroe County Commlsioner
1100 Simonton Str
Key West, FL 33040
Info@keysart.com C.(UNlV
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ACORD 25 (2001108) QF
TIME' .'.!.- \
RECEIVED tN- '\J
JAN30 ,2009
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TIME:_____.....L, ,~
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MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
Contractor:
It is requested that the insurance requirements. as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract
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Contract for:
Address of Contractor:
Phone:
Scope of Work:
I
Reason for Waiver:
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Policies Waiver
will apply to:
Signature of Contractor:
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Appnwed ,,~&Q
l51l a - d. '(50'1
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
Administrative Instruction
"'709.3
WAN_REO. DOC
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17.2010
Division: County Administration
Bulk Item: Yes ....K- No
Department: Proiect MRnllgement
Staff Contact PersonIPhone #: JenvBamcttX4416
AGENDA ITEM WORDING: Approval of a Cootmct with Wtlliam P. Horn, Architect P.A for
professional services to develop a Master Plan :for the Higgs Beach Park. The contract is in two phases. Phase I
for $55,500 is for the Master Plan Design. With community and BOCC 8CCq)tanCe and approval. the Architect
will be directed in writing to proceed to Phase II for $67,500 for the production of documents required for
submittal to the City of Key West for Developmental Approval. The Contract states that the County reserves
the right to tenninat:e the Contract upoo completion ofPbase I if so desired. Total cost of Phase I and II will be
$132,000.
ITEM BACKGROUND: William P. Hom Architects. P.A was selected to develop a master plan for
Higgs Beach and Higgs Beach Park according to the policy regarding continuing oontracts approved
by the DOCe at their February 19,2010 meeting. Phase I is to include the design and drawing of the
master plan and hold public meetings that are required to obtain input from the public. City of Key
West, and the County Commissioners. If the Architect is to ,proceed, Phase n shall include all
Drawings and Specifications required by the City of Key West's development Review board for
Development Approval.
PREVIOUS RELEVANT BOCC ACTION: On December 16, 2009, the DOCC approved a
Continuing Contract with William P. Horn Architects, P.A, for ArchitecturallEngineering Services for
projects in which construction costs do not ex::ceed $2,000,000.00, or for study activity if the fee for
professional services for each individual study under the contract does not exceed $200,000.00.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $132.000.00 INDIRECT COST: BUDGETED: Yes -2LNo_
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $132.000.00 SOURCE OF FUNDS: Funds 001 and 117
REVENUE PRODUCING: Yes _ No -X. AMOUNT PER MONTH Year
APPROVED BY: County Atty .f OMB/Purchasing _ Risk. Management_
DOCUMENTATION:
Included X
Not Required_
AGENDA ITEM #
DISPOSITION:
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: William P. Horn Contract #_
Effective Date: 03/17/10
Expiration Date: 12/12/10
Contract PurposelDescription:
Professional Services for the development of a Hi~~s Beach Master Plan
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 03/17/10 Agenda Deadline: 03/02/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 132,000.00
Budgeted? Yes[g] No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 30,000.00
001-20502-530340-_-_
117-77050-530340-11I07662f530340
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Comments:
Date Out
Changes
Date In Needed
Division Director YesO NoD
Risk Managient ~,/~/JU YesO NoE'I
f'JL<. ~'<'
O.M.B./Purc fug d ~ ~-IO YesO N
County Attorney ;1/~ YesO Noff
OMB Form Revised 2/27/0 I MCP #2
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCillTECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
William P. Horn. Architect. P .A. ,the ("Architect")., whose address is 915 Eaton St.
Key West. FL 33040, its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued under a continuing contract awarded to William P. Horn Architect
P.A. by Monroe County pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for a project for
study activity that the fee for professional services for each individual study under the
contract does not exceed Two Hundred Thousand Dollars ($200,000.00).
The professional services required by this contract will be for services in the form of
developing a Higg's Beach Park Master Plan, commencing on the effective date of this
contract and ending 270 days from the commencement date. An extension of time at no
additional cost to the County, in the form of an amendment to this contract, may be
granted only by BOCC approval.
The terms and conditions of the Continuing Contract shall apply to this contract, unless
expressly modified in the provisions of this contract. Where the terms of the Continuing
Contract differ from the terms of this contract, the terms of this contract shall take
precedence. This contract will contain a specific scope of work.
NOW, THEREFORE, in consideration ofthe mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture/Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed.
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract Master Plans and Specifications, in such a manner that they
shall be in conformity and comply with all applicable law, codes and regulations. The
Architect warrants that the documents prepared as a part of this Contract will be adequate
and sufficient to accomplish the purposes of the Project, therefore, eliminating any
additional design costs due to missing or incorrect design elements in the contract
documents;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Monroe County Project Management Department's
information, a schedule for the performance of the Architect's services which may be
adjusted as the Project proceeds if approved by the Owner, and shall include allowances
for periods of time required for the Owner's and Monroe County Project Management
Department's review, and for approval of submission by authorities having jurisdiction
over the Project. Time limits established by this schedule and approved by the Owner
may not be exceeded by the Architect except for delay caused by events not within the
control of the Architect or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating 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 COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
2
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.3 and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services as required tor this project.
2.1.2 The Master Plan shall include, but shall not necessarily be limited to, plans and
specifications that describe all systems, elements, details, components, materials,
equipment, and other information necessary for the development and approval of the
Master Plan. The Master Plan shall be accurate, coordinated 'and in all respects adequate
for approval of the Development Plan and shall be in conformity, and comply, with all
applicable law, codes, permits, and regulations. Products, equipment and materials
specified for use shall be readily available unless written authorization to the contrary is
given by the Owner. The Architect is not responsible for the development of
Construction Drawings.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, cost estimating during design and document preparation, preparation and
submittal of approval applications, zoning applications, public presentations and
presentations to the County Commission. Architect shall arrange his schedule in order to
be available to perform the listed services for the project as requested by COUNTY and
with the understanding that for any individual project the costs will not exceed the limits
under F.S. 287.055 (2)(g).
2.2 PHASE ONE, SCHEMATIC DESIGN
2.2.1 The Architect shall review the County's program, schedule and budget furnished
by the Owner to ascertain the requirements of the Project and shall arrive at a mutual
understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Monroe County Project
Management Department's proposed site use and improvements, required approvals,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and budget requirements,
the Architect shall prepare, for approval by the Owner, Schematic Design Documents
3
consisting of drawings and other documents illustrating the scale and relationship of
Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County Project Management Department's information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect continuing to Phase Two of the Master Plan.
2.2.7 During the development of the Master Plan the Architect will plan, arrange and
conduct Public Meetings and all other meetings as indicated in his proposal that is
attached to and is part of this contract. Upon agreement between the County and the
Architect (the total number of meetings shall remain the same) the number of meetings
with individual committees, boards, staff, and etc. can be modified and scheduled as
needed. The Architect shall provide for recording and distributing meeting minutes. The
County will provide the space for the Public Meetings and meetings with county staff and
committees. Advertising for Public Meetings will be the County's responsibility.
2.2.8 The Architect shall take into consideration, for the development of the Master
Plan, information acquired through meetings identified in 2.2.7 and shall review other
Master Plans generated in the past regarding Higgs Beach Parle
2.2.9 The County, at its discretion, reserves the option to end the project with the
completion of Phase One and not proceed to Phase Two. If the County chooses this
option the Architect shall be paid for work completed on Phase One but will not receive
any additional funds unless instructed in writing to proceed with Phase Two.
2.3 PHASE TWO, DESIGN DEVELOPMENT DOCUMENTS
AND APPROVALS
2.3.1 Upon completion of Phase One, and with written approval from the County, the
Architect shall proceed to Phase Two and provide drawings, outline specifications and
other documents for the Owner's approval and the Monroe County Project Management
Department's information for submittal by the Architect to the City of Key West for
development review and approval. The Architect shall provide an estimate of anticipated
costs in accordance with Phase Two design documents.
2.3.2 The Phase One Documents must be approved in writing, by the Owner prior to
Architect continuing to Phase Two.
2.3.3 The Architect shall provide all Drawings and Specifications required by the City
of Key West's development Review Board for Development Approval and for the
Owner's and the Monroe County Project Management Department's review.
4
2.3.4 The Architect shall submit to the City of Key West the above mentioned
documents and information for obtaining Development Approval from the City of Key
West.
2.3.5 The Architect's Development Approval documents (plans, specifications, etc.)
will conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all approvals when applied for. If approvals
are denied, then the Architect will conform the documents in such manner to receive
approvals upon such plans. Work required from the Architect to conform the documents
to federal, state, city, county, or agency specifications and approval requirements to allow
them to be approved shall be completed at no additional cost to the OWner.
2.3.6 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.3.7 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design of the project.
2.3.8 The Architect shall without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
scope of 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.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal based on hourly fees listed on Exhibit A to
5
perform the requested services. Only after receiving an amendment to the Agreement and
a notice to proceed from the Owner proceed with the Additional Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respect to the Project. The Owner or Monroe County
Project Management Department shall render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services. However, the parties acknowledge
that due to Monroe County Policy, Ordinances or State or Federal Statute there may be
times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner and Monroe County Project
Management Department to the Architect if they become aware of any fault or defect in
the Project or non-conformance with the Contract Documents.
4.3 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services.
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Architect shall provide an Estimated Construction Cost for the total project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect covenants and agrees to indemnify and hold harmless
Owner/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, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County harmless and
shall indemnifY him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnify County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claims or
action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VIII
8.1 PAYMENT
Payment shall be the agreed to lump sum and will be distributed on a monthly basis as
described below. Additional services will be based on hourly rates to be approved by the
County. Hourly rates are provided in Exhibit A and are subject to annual affirmation.
Details of payment are as specified below.
8.1.1 The Architect shall submit monthly, unless otherwise agreed in writing by the
Owner, an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect's invoice shall describe with
reasonable particularly the services rendered. For billing purposes, the project shall be
divided into two portions, known as the Beach side and the Land side. The Architect
shall identify that portion of work completed for the Beach side ofthe park and that
portion of work completed for the Land side of the park separately. The boundary line
between the two shall be the centerline of Atlantic Boulevard passing through the Park-,-
The Architect's invoice shall be accompanied by such documentation or data, as required
by the Owner, in support of expenses for which payment is sought.
7
8. 1. l.A - Phase One Fees
Architectural, Planner, Civil, etc................................ .. $45,000.00
Surveyor $10.500.00
Phase One Total...................................... ...................$55,500.00
8.1.1.B - Phase Two Fees
Architectural, Planner, Landscape Design,
Civil Engineering, Lighting Engineering,
Studies and assessments, etc. $76.500.00
Phase Two Total.............,... ............ ......... ..... .... ....$76,500.00
8.1.1.C - Total Contract Sum
Phase One.......................................................... .$55,500.00
Phase Two $76.500.00
Total Contract Sum....... ... .... ........ .......... ......... .... .$132,000.00
At this time the number of buildings (new and/or to be renovated) is unknown. Therefore
the above costs are based on design work for 4 (four) buildings. Additional buildings
will be billed as stated below.
Any additional work for Phase I or Phase II can be completed at a fixed fee (to be
determined) or at the standard hourly rates listed in Exhibit A.
The Total Contract Sum Is.........$132,000.00 (one hundred thirty-two thousand
doUars and no cents)
8.2 REIMBURSABLE EXPENSES
All reimbursable expenses are included in the Total Contract Sum, however prior to
incurring any additional expense written approval for that expense must be obtained in
writing from the County.
8.3 BUDGET
8.3.1 The Architect 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 Agreement 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 ofthe County's Board
of County Commissioners.
8.3.2 A V AILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract the agreement may be terminated immediately at the
option of the County by written notice of termination delivered to the Architect. The
County shall not be obligated to pay for any services provided by the Architect after the
Architect has received written notice of tennination, unless otherwise required by law.
8
8.3.3 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE IX
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSIDP OF THE PRELIMINARY DESIGN AND THE DESIGN
DOCUMENTS
10.1 The Drawings, Specifications and other documents prepared by the Architect for
this project are instruments of the Architect's service for use solely with respect to this
project, and the Architect shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights, including reproducible copies, ofthe
Architect's Drawings, Specifications and other documents shall not be used by the Owner
on other projects except by agreement in writing and with appropriate compensation to
the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
10.1.3 The Owner may utilize the documents as required for reference on any necessary
future work on the site, and for constructing, using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
9
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect is and shall be an independent contractor in the performance of all work,
services, and activities under this Agreement and is not an employee, agent or servant of
the County. The Architect shall exercise control over the means and manner in which it
and its employees perform the work and in all respects the Architect's relationship and
the relationship of its employees to the County shall be that of an independent contractor
and not as employees or agents of the County. The Architect does not have the power or
authority to bind the County in any promise, agreement or representation other than such
power and authority that is specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
purchase or maintain the required insurance, the Architect shall indemnify the County
from any and all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of$IOO,OOO per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
10
Thousand Dollars ($100,000.00) combined single limit and One Million
Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect 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 Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement; and subconsultants
shall be required by contract to provide copies of insurance policies to the
Architect. County will not pay for increased limits of insurance for
subconsultants.
H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request. County reserves the
right to require copies of insurance policies of subconsultants.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
11
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement, the exhibits that are attached
and made a part of the contract, and the documents referred to in the form of agreement
as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Architect will control.
15.2 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 contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 ofthe Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect agree that all disputes and disagreements shall first 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 submitted to mediation before a mediator
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution oflegal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however, agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution oflegal or equitable proceedings.
12
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional Reauirements
17.1 The following items are part ofthis contract:
a) Architect 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 detennines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
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 tenns, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect agree to refonn the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Architect 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
13
shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect 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. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XVI
of this agreement. If no resolution can be agreed upon within 30 days after mediation,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Architect agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect or County agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
14
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 use ss.
690<id-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. 120 I Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Architect 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.
1) 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, and the Monroe
County Code of Ordinances, 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 intormation.
m) No SolicitationlPayment. The Architect 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 Architect agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Architect and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
15
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 ofthe County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect nor the
County or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
s) Attestations. Architect agrees to execute such documents as the County
may reasonably require including 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) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect pursuant thereto.
16
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is
the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have
the opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perform contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) 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.
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By:
D;18R'~trgcCOUNTY ATTORNEY
AP ROVED AS TO FORM:
vC;
NATILEENE W. CASSEL
ASS!STJI'H COU~nY ATTORNEY
,;,J/1/1//o
Mayor/Chairman
Date:
WI
By:
J'ITNESS Si~e)
-L1~1!l 1'\.1 (;f I
Print WitneSjNam;. , "-
Date: ;}... J'X. LO
Date:
END OF AGREEMENT
. ,....-
....., ,.... . ....,....
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....
17
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Requirement
Required Limits
Workers' Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$00,000 Combined Single Limit
Vehicle Liability
$100,000 Combined Single Limit per
Occurrencel$I,OOO,OOO Aggregate
Architects Errors and Omissions Liability
$500,000 per occurrence/ $1,000,000
Aggregate
lDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or 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/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant IS
consideration for the indemnification provided for above.
18
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.
RESPONDENT'S STATEMENT /
I understand the insurance that will be mandatory if awarded tl).e'~ntract and will comply
:;::::;~m:ffi' ~_._~
Respondent Signature
19
INSURANCE AGENT'S STATEMENT
[ have reviewed the above requirements with the .Arehitect named below. The following
deductibles apply to the corresponding policy.
POLICY
vJD(ke.A':" COMf>
~t>\ \\~ ,
j,~ h".
~fG~~ \CU\
DEDUCTIBLES
o
o
o
D
Liability policies are ~Occurrence _Claims Made
Insurance Agency
Signature
No{(Y\.uv~ ~ \~,{
Print Name:
The Fullers Ins.
1432 Kennedy Dr.
Key West, FL 33040
20
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
o The Response Fom V J
o Lobbying and Conflict of ,rest Clause ~
o Non-Collusion Affidavit
o Drug Free Workplace Form V /
o Respondent's Insurance and Inden)l\ification Statement ~
o Insurance Agent's Statement ~
o Professional and Occupational Licenses V
I have included a current copy of the following professional and occupational licenses:
AtZ4fJrrtcr ~~e {,/ <<}.iDe J CIPJ I ctJVf411 OC4l~dJ\/i}L
t, / Cl/JV6t'~
(Check mark items above. as a reminder that they are included.)
Mailing Address:
Telephone: 3> 0'6'" Z'16" SO L
Date: z,/Je~o ///
I I /7~ ~
Signed: // ~. .n
r
Mtbl"n-. ~ )J~
(Name)
r'/f.,../f\./L,/ ,t7~ L
(Title)
""-.
-
Witness:
(Seal)
-
-
-
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21
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" {J/f,;Lllllfh P, /j,nJJ tf !t~/J&'~ij ,q,A. "
(Company)
" warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its d' etion, deduct from the
Agreement or purchase price, or otherwise recover, the. II amount of any fee,
commission, percentage, gift, or consideration paid to t former County officer or
employee".
(Si ature) 2--/i'8!JQ
I I
Date:
-
STATE OF: 1/01<1 VA
COUNTY OF: rYJ ONe. O[
Subscribed and sworn to (or affirmed) before me on
d- ) [R )/0
.
(date) by p../I/I,-A /VI
personally known to me or has produced
as identification. (type of identificati n
(name of affiant).@She is
\
. .11."
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CD~IIIIOll' DO 7I17U
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My commission expires:
/~II)~
22
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
?JIf.,L,//f1Y1 p~ jJ'l/;/J AlttltJ~tr J r?AJ '
(Name of Business) I .
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any 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. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign e statement, I certify that this firm complies fully with
the above requirements.
Respondent's Signature
~d~{)
23
NON-COLLUSION AFFIDAVIT
I, W/t.,L(,IJ'1f/. /J()lJf-I of the city of 12'0 Ne~rL
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am P/z'/Ir/?I,otP L
.
of the firm of MtLlAIh r: 1I~t1N .A/l~/#~wr/8A.
the bidder making the Proposal for the project described in the Request for
Qualifications for: 11/<45' $e~ #J~~ PL.#~
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the 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 corpor tion to submit, or not to submit, a bid for the
purpose of restricting compe ion;
5. the statements contained' his affidavit are true and correct, and made with
full knowledge that M oe County relies upon the truth of the statements
contained in this a avit in awarding contracts for said project.
.,--.
STATE OF: ;/01-10/1
COUNTY OF: /10/\/P tJ C.
PERSONALLY APPEARED BEFORE ME, the undersigned authority, c9- /; ,rid
[/v{/J/f)y11 fziIPw- who, after first being sworn by me, (name of individual signing) affixed
~: signature in the space provided above on this ~ay of FE-h/VAtl 7
20/D . <...
ARYPUBLIC
My Commission Expires:
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WILLIAM P. HORN ARCHITECT, P.A.
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l) 15 EATON STREET, KEY WEST, FLORIDA 33040
PHONE: J05-2%-;;31)2 FAX: :1I))-29f1-) 1):1'>
Date: 2/8/10
To: Jerry A. Barnett
Director of Project Management
Monroe County, Florida
Re: Architectural Fee Proposal
Higgs Beach Master Plan
Key West, Florida
Dear Mr. Barnett,
This letter is to propose cost estimates for the work needed to be completed
to create a master plan for the Higgs Beach Site. Work will be in two phases.
Phase one will include the design and drawing of the master plan and all of
the public meetings that are required to obtain input from the public, City of
Key West and the County Commissioners. Phase two, if needed, will include
all of the required work in order to obtain City of Key West Planning Board
and City Commission approvals, including a development agreement.
Phase one work will include obtaining a new survey of the site, creating an
existing site plan with analysis of all existing conditions, including site and
zoning analysis, existing building condition analysis and existing landscape
and tree analysis. We will provide proposed site plan design options for
review by all and finalize the options to create a master site plan with cost
estimates for the new work. Meetings will include three public meetings in
Key West, one meeting with the Higgs Beach Steering Committee, one
public meeting with the City of Key West Commission, meeting with the
City of Key West planner, two meetings with the Monroe County
Commission and meetings with county staff as required. We will fmalize
the whole prqcess in a bound report.
Costs for phase one is as follows:
Master Site Plan
Fee = $45,000.00
Surveyor
Fee= $'10,500.00
Phase two work, if needed, will include developing the master site plan to
include all of the required items to go through the Planning Board approval
process of the City of Key West and preparing a development agreement.
Work will include filling out all of the applications and requirements,
developing the site plan, landscape plan, civil drainage plan, lighting plan
and coordination with all agencies. Work will also include designing and
drawing plans and elevations of any building improvements or new
buildings that are desired (includes a total of four buildings maximum).
Meetings will include coordination meetings with the county staff and City
of Key West staff, DRC meeting, Tree Commission meeting, Planning
Board meeting and City Commission meeting.
Costs for phase two is as follows:
Fee= $76,500.00
Any additional work can be completed at a fixed fee (to be determined), or
at our standard hourly rates as listed in the annual contract.
Please call i~. 'JO u have any questions. Weare looking forward to working
with you on yus project.
I
Sinc,:r~!t "
WIL~Vl P. HORN ARCmTECT, P.A.
L..~-
Wi~m P. Horn,
Principal, LEED AP
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 N~ OA TI! (MMlOOIYYVY)
HORNW-l 12116109
PtllOOUCell nfls CERTIFlCAT! IS ISSUED.... A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA T!
The Fuller., Ine HOLDER. THIS CERTIFICA TI DOES NOT AMl!ND, eXTEND OR
143~ Kennedy Drive ALTER THE COVeRAGE AFFORDED IIY THE POLICIES BELOW.
Key We.t PL 33040 I
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willfam P Horn INSUR1:R c:
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9 Baton St. INSURER D:
Key We.t PL 33040 IHSUAER &:
COVERAGES
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certificate holder i. an additional in.ured
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l'Er:~r,Fr' .-'(
:ERTIFICATE HOLDER
MonrOe County Board ot County
Comai..lonera
1100 Simonton Street Ra 268
Key W..t ~L 33040
CAHCELLAnOH
MONRCO. SHOULD AHY Ol' THI! AIOVI DQCIUHD fIOUClU .. CAHCfLUD IUORI THI !>>tRATIO
DATI TtlIAIO'. T'HIIt8UNO INSURU WK.L IHDIAI/CNt TO lUlL !!- DAYS WIllTTIN
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AUTHORIZ!D ..ultlSlNTAnv
NOnIaA Fullel:'
@ ACORD CORPORA nON 1911
::ORD 25 (2001/01)
Client i7$ HORNWlL3
ACORD,.. CERTIFICATE OF LIABILITY INSURANCE I DATI! (MMIDDIYYYY)
08/18/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ISU Suncoast Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATe
P.O. Box 22668 HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813289-5200 INSURERS AFFORDING COVERAGE NAIe ,
INSURED INSURERA: Beazley Insurance Company, Inc. 37540
William P. Hom, Architect, PA INSURER 8:
915 Eaton Street INSURER C:
Key West, FL 330.40 INSURER 0:
INSURER E:
COVERAGES
THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO 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 SU8JECT TO All THE TERMS. EXClUSIONS AND CONDITIONS OF SUCH
POlICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
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Dt!1CRI'TION 01' OPERATIONS I LOCATIONS I VEHlCU!a I EXCLUSIOHS ADDeO BY ENIlORIalEHT I SPECIAL PROVISIOHa
Professional Liability Is written on a cia'" made and reported basJa.
CERTIFICATE HOLDER
I
County of Monroe
Attn: Risk Management
1100 Simonton Street
Key West, FL 33040
CANCELLATION
SHOUIJ) NIY 01' ~ A80YII DUCRlIIED POUCIU BI! CAHC!Um BEFORe THt! EXPIRATlOH
OA~ 1'HI!JIeOIf. TJfI! ISSUING INSURER WILL EHOI!AIIOIt TO IWL -14- DAYS WRITTEN
NOTICe TO THe CEJmFlCATE HOlDER HAMED TO THE LEFT, BUT FAIlURI! TO DO so SHALL
IWOM NO OlIUOATION OR UA.IlLnY OF ANY KINO UPON THe INSURER. ITS AGENTS OR
REPRESun'ATlVU.
~~.~- ~
'CORD 25 (2001/08) 1 of 2
f#S209071/M209070
DSJ
Ii ACORD CORPORATION 1981
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 N~ 0.0\ TE (MMiDOIYYYY)
HORNWIl 12/16J09
~CI" THIS CER1Y1CAT1! IS ISSUED AS Ii MAlTER OF fNFORMAnoN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA T8
The Puller., Ine HOLDER. THIS CERTIFICATE DOES NOT AMEND, eXTEND OR
143~ Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POUC/ES BELOW.
Key We.t rL 33040 !
Phone: 305-294-6677 rax,J05-292-4S41 INSURERS AFFORDING COVERAGE HAle tI
INSURl!D INSURER /Ie proar...ive Commercial Div
INSURER It.
Willi.. Horn : INSURER C:
15 xeI Saven Rd. i INSURER D:
Key We t: rL 33040 ! INSURER e:
COVERAGES
THE POLICIES 01' INSUAAHCI! USTEO eaow HAilE BEEN ISSUED TO TH& INSURIiO NAMED AaOI/E FOR THa POlICY PERlOO INOICATED. NOlWlTHSTANOIHG
ANY REQUIREMENT, TeRM OR CONOlTlOH OF >>IY CONTRACT OR OTHER OOCUN&NT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE IS8UEO OR
MAY PERTAff. THI ~ AFFORDeD BY Tlili POLICIES OEacRlBEO HERE" IS S08JI!CT TO AU. THE TERM8, EXClUSIONS AND COHOIT1ONI OF SUCH
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Monroe County
p~~
;ERT/',CATE HOLDER
CANCILLA TIOH
'1.
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Monroe County Board of County
Co1lllDi.aioner.
1100 Simonton Str..t Ra 261
Key Weat rL 33040
MOnCOlf SHOUlD AH'I or: THe A80YI OUCMID I'OUCIIIII CAHCeueo 8UOM THI!lCI'IRATlO
oAT'llI01Of1. THlIauHG INlIUIIIDI WILL rHDlAVOlt TO.... ~ DAYS WIIIrnN
NOllCI TO THI CUTWICATI HOLDU HAMID TO THe U!I'T. BUT I'MURa TO 00 so SHALl.
twoll NO Ok/GATION 011 UA8lUTY 01' AHY KIHO ~ THlIHIUIWt. ITS AGENTS Oil
RI!PItl!.SI!NT ATlVU.
4UTHOR1Z1O ItUItUlNTAlnI
Norman Fullel:'
o ACORD CORPORATION 1988
CORD 25 (2001/01)
EXHIBIT A
Hourly Rates
Monroe C1::1.Ji1ty ~
- .... -
p~ ~.L ~'" 1;11.",,,," "".,t
;~V 2:)~
IIMf::_av@
WILLIAM P. HORN ARCHITECT, P..tf.ECENED BY; Ll""IJ'" J4u. I\A 0003040
915 EATON STREET, KEY WEST. FLORIDA 33040
PHONE: 305-296-8302 FAX: 305-296-1033
Date: 11120/09
To: Jerry Barnett
Facilities D4.Welopment Coordinator
Monroe County
Re: Hourly Rates
Annual Contract
Dear Mr. Barnett,
Our standard hourly rates are as follows:
Principal Architect $195.001hr
Architect $130.001hr
Intern Architect $100.001hr
Draftsperson $85.001hr
Structural Engineer $150.001hr
MEP Engineer $ 125.001hr
Principal Civil Engineer $150.001hr
Senior Civil Engineer $120.001hr
Civil Engineer $100.001hr
Planner $150.00/hr
Please call if you have any questions. We are looking forward to working
with you.
William P. Horn,
Principal
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: Airports
Bulk Item: Yes ~
No
Department: Florida Keys Marathon Airport
Staff Contact PersonlPhone #: Reggie Paros - 289-6060
AGENDA ITEM WORDING: Approval of Extension of Time to Lease Amendment with Coast
FBO, LLC, Fixed Base Operator (FBO), at Florida Keys Marathon Airport
ITEM BACKGROUND: At their meeting held on April 15, 2009, the Board approved an
amendment to the lease agreement with Coast FBO, LLC, which extended the term of the original
agreement an additional ten (10) years provided Coast FBO, LLC constructs a new corporate hangar
within two years of the effective date of the amendment. As the project will require a major
conditional use permit under County land development regulations, the FBO is requesting an extension
of time to the Lease Amendment.
The attached Extension of Time requires they submit a complete major conditional use permit
application by September 1, 2010. Coast FBO will then have two years from the date they have been
informed that the major conditional use has been approved and the permit is available for pick-up, to
build the hangar and obtain a certificate of occupancy.
PREVIOUS RELEVANT BOCC ACTION: On April 15, 2009, Board approved a lease
amendment between Monroe County and Coast FBO, which increased the square footage of real
property, adjusted the rates and charges accordingly, and extended the term of the original agreement
an additional ten (10) years provided Coast FBO, LLC constructs a new corporate hangar within two
years of the effective date of the amendment.
CONTRACT/AGREEMENT CHANGES: The Time Extension will exclude the major conditional
use permit processing period from the 2 year construction period time deadline set forth in the April
15,2009 Lease Amendment.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes~ No
AMOUNT PER YEAR $113,688 for entire
leasehold plus tax; plus percentage of fuel flow
APPROVED BY: County Atty YES OMBIPurchasing N/ A Risk Management N/ A
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Coast FBO, LLC Contract #
Effective Date: upon approval
Expiration Date: April 5, 2031
Contract Purpose/Description:
Extension of Time to Lease Amendment with Coast FBO, LLC , to exclude the maior
conditional use Dermit DfocessinQ time from the two year deadline to construct a
new corporate hanQar
Contract Manager: James R. Paros 6060 Airport/15
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on March 17,2010 Agenda Deadline: March 2, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ nla
Budgeted? YesD No [ZJ Account Codes:
Grant: $
County Match: $ nla
Current Year Portion: $ nla
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 ~(b Y esD No~
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Date Out
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Risk Management ;iiii
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YesD NoD
YesD No5J
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Comments:
OMS Form Revised 2/27/01 Mep #2
EXTENSION OF TIME TO LEASE AMENDMENT
This Extension Of Time To Lease Amendment is entered into this day of
,2010, by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereafter COUNTY), and
COAST FBO, LLC., a corporation, whose address is 9850 Overseas Highway, Marathon, Florida
33050 (hereafter FBO).
WHEREAS, on April 6, 1998, the COUNTY entered into a 20 year lease (the Original Lease)
with the FBO's predecessor in interest whereby the FBO is to provide fixed base operations service at
the Florida Keys Marathon Airport (FKMAP). A copy of the original lease is attached as Exhibit A
and made a part of this amendment; and
WHEREAS, the original leasehold has been conveyed and the lease has been assigned to the
FBO; and
WHEREAS, the FBO'S predecessor in interest executed a lease amendment dated December
19,2001 in order to provide additional hangar and ramp space; and
WHEREAS, by its terms, the December 19, 200 I amendment became void when the FBO's
predecessor in interest failed to build a hangar within 2 years of the effective date of the amendment;
and
WHEREAS, the predecessor in interest continued to occupy and use the leasehold parcel as a
ramp area on a month to month tenancy which the FHa has continued; and
WHEREAS, on April 15, 2009, the FBO and the County executed a new lease amendment
which requires that the FBO build a corporate hangar on said parcel within 2 years of the execution of
the new lease amendment: and
WHEREAS, the FBO desires to build a corporate hangar in excess of 5,000 square feet which,
under County land development regulations, will require a major conditional use permit; and
WHEREAS, a major conditional use is a prolonged permitting process; and
WHEREAS, the FBO has requested that the major conditional use permit processing time be
excluded from the 2 year time deadline set forth in the April 15, 2009 Lease Amendment; now,
therefore
In consideration of the mutual covenants and promises set forth below, the parties agree as
follows:
SECTION I. The FBO shall submit a complete major conditional use permit application by
September 1, 20 I O. This Extension Of Time To Lease Amendment shall become void if a
major conditional use permit application is not submitted by the aforesaid date. If a major
conditional use permit application is not submitted by the aforesaid date the FBO shall be
bound by the terms of April 15, 2009 Lease Amendment. For purposes of this amendment void
shall be defined as "an instrument which is wholly ineffective, inoperative, and incapable of
ratification and which thus has no force or effect so that nothing can cure it." Black's Lmv
Dictionary, 6th edition (1991).
SECTION 2. The FBO shall have 2 years from the date the FBO has been informed by the
County that the major conditional use has been approved and the major conditional use permit
is available for pick up, to build the hangar and obtain a certificate of occupancy.
SECTION 3. Except as specifically provided for in this Extension Of Time To Lease
Amendment, all of the terms and conditions of the April 15, 2009 Lease Amendment and the
April 6, 1998 Original Lease remain in full force and effect.
2
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative the date first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COl'NTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
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Mayor/Chairperson
Deputy Clerk
ATTEST:
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3
LEASE AMENDMENT
This Lease Amendment is entered into this 15th day of April, 2009, by and between
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040 (hereafter COUNTY), and COAST FBO, LLC., a corporation, whose
address is 8800 Overseas Highway, Marathon, Florida 33050 (hereafter FBO).
WHEREAS, on April 6, 1998, the COUNTY entered into a 20 year lease (the original lease)
with the FBO's predecessor in interest whereby the FBO is to provide fixed base operations service at
the Florida Keys Marathon Airport (FKMAP). A copy of the original lease is attached as Exhibit A
and made a part of this amendment; and
WHEREAS, the original leasehold been conveyed and the lease has been assigned to the FBO;
and
WHEREAS, the FBO'S predecessor in interest executed a lease amendment dated December
19,2001 in order to provide additional hangar and ramp space, copy of which is attached as Exhibit B
and made a part hereof; and
WHEREAS, by its terms, the December 19, 2001 amendment became void when the FBO's
predecessor in interest failed to build a hangar within 2 years of the effective date of the amendment;
and
WHEREAS, the predecessor in interest continued to occupy and use the leasehold parcel as a
ramp area on a month to month tenancy which the FBO has continued; and
WHEREAS, the FBO desires to build a corporate hangar on said parcel; now, therefore
In consideration of the mutual covenants and promises set forth below, the parties agree as
follows:
SECTION 1. Paragraph 1 of the original agreement is amended to read as follows:
1) a) The COUNTY leases to the FBO the real property shown on Exhibit A
including the hangar building, line office, ramp, tiedowns and fuel farm, hereafter collectively
referred to as the premises. Exhibit A is attached to and incorporated into this agreement.
b) The County leases to the FBO a total of 37,800 square feet of real property (21,000
square feet at .3498 cents a square foot per year and 16,800 square feet at .1283 cents a square
foot per year described in Exhibit AI, hereafter the premises. Exhibit Al is attached to and
incorporated into this agreement. The parcel may be used for the site of a county approved
newly constructed corporate hangar, aircraft tiedowns and aviation activity only. The new
hangar is to be built at the sole cost and expense of the FBO. The improvements made by the
FBO to premises automatically become the property of the County upon the termination of this
lease.
c) Except as provide in subparagraph l)b) above, no buildings, structures or other
improvements to real property may be added by the FBO to the either the premises described in
Exhibit A or the premises described in Exhibit Al during the term of this Agreement without a
separate agreement concerning the same with the COUNTY.
SECTION 2. Paragraph 3)b) of the original agreement is amended to read as follows:
3) b) The FBO must pay monthly rent on an arrears basis as follows;
i) $8682.26 per month plus tax for the premises described in Exhibit A,
ii) $791.77 per month plus tax for the premises described in Exhibit AI.
SECTION 3. Paragraph 3)d) is amended to read as follows:
3) d)
i) The rent will be adjusted annually on the anniversary of the effective date of the
Agreement by the amount recommended in an approved rates and charges study or by an
amount reflecting the percentage in increase in the CPI during the year prior to the anniversary
date.
ii) The rent for the premises described in Exhibit A will be set at fair market value on
April 5, 2018, as determined by an appraisal of the premises along with all improvements
thereon. Thereafter rent will be adjusted annually in accordance with 3)d)i) above.
2
SECTION 4. Paragraph 4 of the original agreement is amended to read as follows:
4) The term of this lease agreement begins on April 6, 1998 and ends on April 5,2031.
SECTION 5. If the hangar has not received a certificate of occupancy within two years of
the effective date of this amendment, this amendment shall become void unless the parties
have agreed in writing to an extension prior to date upon which this amendment becomes
void. For purposes of this amendment void shall be defined as "an instrument which is
wholly ineffective, inoperative, and incapable of ratification and which thus has no force
or effect so that nothing can cure it." Black's Law Dictionary, 6th edition (1991).
SECTION 6. Except as specifically provided in this lease amendment, this lease amendment
is subject to the terms and conditions of the original lease all of which remain in full force and
effect.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorizedr~Bre~~'~tve the date first written above.
(SEAL) 1/ "f'
ATTEST: DANNYL. KOLHAGE, CLERK
By /JYI..ti!. ,{f1JJ~r~
eputy Clerk
ATTEST:
By
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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EXHIBIT A
MARATHON fiXED BASE OPERATOR fFBO} AGREEMENT
This Agreement is made and entered by Monroe County, a political subdivision of the
State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon Florida
33050 (hereafter County), and Paradise Aviation, Inc. whose address is 9850 overseas Highway,
Marathon, Florida 33050 (hereafter FBO).
WHEREAS, the County owns the Marathon Airport located in Marathon, Florida; and
WHEREAS, the FBO is a corporation in the business of providing commercial full service
fixed based operations; and
WHEREAS. the County is desirous of having the FBO provide such services at the
Marathon Airport;
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NOW, THEREFORE. the FBO and the County agree as follows: .i(")~ lJ
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1) The County leases to the FBO the real property shown on Exhibit Iio ?riFlGdi~ th&'
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hangar building, line office, ramp, tiedowns, and fuel farm. hereafter collectiv~:P6rrA.d to .
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the premises. Exhibit A is attached to and incorporated into this Agreeme~ jIJ:> t1&Jdirg,
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structures. or other improvements to real property may be added by the FBO to the ffe~s
during the term(s) of this Agreement without a separate agreement concerning the same with
the County.
2) The County sells and conveys title to the FBO those items of personal property
listed in Exhibit B. The County warrants to the FBO that the property listed in Exhibit B is free and
clear of the liens or other encumbrances of any third parties. Exhibit B is attached to and
incorporated in this Agreement.
3) a) As an inducement for the County to enter into this Agreement. and as the
purchase price for the personal property listed in Exhibit B, the FBO must pay to the County
$234,000 prior to occupancy of the premises. The FBO may not occupy the premises until the
payment is made. although the term begins to run on the effective date of this Agreement.
b) The FBO must pay monthly rent for the premises. on an arrears basis, in the
amount of $6,800 per month. The initial rent payment is due on the effective date of this
Agreement and on the first of each month thereafter.
c) Starting on the date that the FBO begins the sale of fuel, the FBO must pay the
County a 4 cents per gallon flowage fee for each gallon sold. By the tenth of each month the
FBO must truthfully and accurately report to the County the number of gallons sold and pay the
County the fee due based on that number. The County's Marathon Airport Manager, or his
designee, must be allowed to inspect the FBO's records concerning fuel sales to make sure the
flowage fees paid accurately reflect the number of gallons sold. The inspection(s) may only be
during regular business hours (9:00 AM - 5:00 PM, Monday through Friday, excluding holidays).
d) The rent will be adjusted annually on the anniversary of the effective date of
this Agreement by the amount recommended in an approved rates and charges study or by an
amount reflecting the percentage in increase in the CPI during the year prior to the anniversary
date.
el All payments owed by the FBO to the County that remain unpaid for more
than 30 days will begin to accrue interest at a rate calculated from the original due date until
the date the County actually receives the money. The interest rate is the one established by the
Comptroller of the State of Florida under sec. 55.03, F.S., for the year in which the payment
became overdue. The right of the County to claim interest--and the obligation of the FBO to
pay it--are in addition to, and not in lieu of, any other rights and remedies the County may have
under this Agreement or that are provided by law.
f) The FBO pledges and assigns to the County, the fixtures, goods, and chattels of
the FBO that are brought or placed on the premises as additional security for the payment of
the rent. The FBO agrees that a lien against the fixtures, goods, and chattels. may be enforced
by distress foreclosure or otherwise at the election of the County, and the FBO agrees to pay all
costs and charges County incurred by the County in an enforcement action.
4) The term of this Agreement is 20 years beginning on the effective date.
2
5) The FBO must pay all taxes and assessments, including any sales or use tax,
imposed or levied by any governmental agency with respect to the FBO's operations authorized
at the Marathon Airport operations under this Agreement.
6) The FBO must obtain, in its own name, and pay for, all utility services at the
premises including solid waste removal .
7) a) FBO has the right during the term(s) of this Agreement to maintain a fixed base
operation and has the right to sell aircraft and aircraft engines, parts and accessories, lease
aircraft storage space, operate pilot training service, provide aircraft maintenance and repair
service, aircraft rental and charter flying service, and any other aeronautical service normally
furnished by a fixed base operator. The FBO has the right to sell aviation gasoline and lubricants
and to provide aeronautical services that are compatible with other activities on the airport.
The FBO is also entitled to receive tie-down fees from aircraft parked only in the paved ramp
area located within the premise's boundaries as described in Exhibit A. The FBO speCifically
waives any and all right to tie-down fees or any uses whatsoever of properties at the Marathon
Airport located outside of the above-described premises. The FBO must refrain from either
directly or indirectly being involved in any car rentals or other services that are not related
speCifically to fixed base aircraft operations.
b) The County's permission is not required for the repair, renovation or
rehabifitation of improvements depicted on Exhibit A.
8) a) The FBO acknowledges and agrees that he has examined the premises, and is
fully advised of their condition and location, and the limitations and restrictions placed on any
building, stn.Jcture or other object as to height, due to the proximity of the landing and takeoff
areas of the Marathon Airport. The FBO agrees to abide by and observe all such restrictions and
limitations, including the County fixed base operator minimum standards attached and
incorporated as Exhibit C. and agrees that the observance of such limitations and restrictions
whether imposed by the County, state or federal governmental authority will not in anywise
3
affect the FBO's obligations under this lease. The FBO must also comply with all laws, statutes,
regulations and rules of the federal or state governments, and any plans or programs developed
by or funded by either government. that affect the FBO's operations or its use of the premises.
The FBO's obligation to obey federal and state laws, statutes, regulations and rules, any federal
or state airport plan or airport program criteria or the criteria of a plan or program funded by the
state of federal government. includes not only those in existence on the effective date of this
Agreement. but those adopted after that date.
b) The FBO must pay any penalty, assessment or fine of the federal or state
government imposed on the County that arises out of, or is attributable to, the FBO's operations
at the Marathon Airport. The FBO must also defend in the name of the County any claim,
assessment or civil action that is initiated by the federal or state govemment against the County
that is based in whole or in part on a claim that any aspect of the FBO's operations at the
Marathon Airport violated a law, statute, rule, regulation, or program or project criteria.
91 The County is responsible for remedying the environmental contamination
described in Exhibit D. The FBO agrees to admit County employees or contractors to the
premises at reasonable times for the purpose of remedying contamination. Otherwise, the FBO
accepts the premises in the condition that they are in at the beginning of this agreement. The
FBO must keep the premises In good order and condition. The FBO must promptly repair any
damage to the premises and is responsible for remedying any environmental contamination
caused by the FBO's operations at the premises. At the end of the termls) of this agreement, the
FBO must peacefully surrender the premises to the County in good order and condition, normal
wear and tear excepted. If no rent or fees are due the County, at the end of the term/sl of this
Agreement the FBO may also remove its personal property from the premises and may remove
any trade fixtures provided that the FBO restores the premises to their original condition. If
during the term of this Agreement the FBO fails to keep the premises in the good repair and free
from environmental contamination as required by this subparagraph, the County may, after
4
providing the FBO with a written warning and a fifteen day opportunity to correct the
defiCiency. enter the premises and do whatever repair or clean up work the County's Marathon
Airport Manager deems appropriate. The cost of the work plus 10% will be added to the FBO's
rent for the month following the repair or clean-up.
10) The FBO is liable for and must fully defend. release. discharge. indemnify
and hold harmless the County. the members of the County Commission. County officers and
employees. and County agents and contractors. 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 attorneys' fees and costs - that arise out of or are attributable to
the FBO's operations at the Marathon Airport. excluding those claims. demands. damages.
liabilities. actions. causes of action. losses. costs and expenses that are the result of the sole
negligence of the County. The FBO's purchase of the insurance required in paragraph 12 and
Exhibit D does not release or vitiate the FBO's obligations under this paragraph.
11 ) It is understood and agreed that nothing contained in this Agreement may be
construed to grant or authorize the granting of an exclusive right within the meaning of the
Federal aviation Act or its successor and that the County may enter into agreements with other
fixed base operators as long as such agreements are not on more favorable terms than this
Agreement.
12) a) Regardless of the effective date of this Agreement. before the FBO may
occupy the premises it must obtain insurance in the amounts. terms and conditions described in
Exhibit E. Exhibit E is attached and made a part of this Agreement.
b) The FBO must keep in full force and effect the insurance described in Exhibit E
during the term(s) of this Agreement. If the insurance pOlicies originally purchased which meet
the requirements of Exhibit E are canceled. terminated or reduced in coverage. then the FBO
must immediately substitute complying policies so that no gap in coverage occurs.
5
c) The insurance required of the FBa in this paragraph is for the protection of
the County, its property and employees. and the general public. The insurance requirement is
not. however, for the protection of any specific member of the general public who might be
injured because of an act or omission of the FBO. The insurance requirements of this paragraph
do not make any specific injured member of the general public a third party beneficiary under
this Agreement. Therefore. any failure by the County to enforce this paragraph. or evict the FBa
from the Marathon Airport if the FBa becomes uninsured or underinsured, is not the breach of
any duty or obligation owed to any specific member of the general public and cannot form the
basis of any County liability to a specific member of the general public or his/her dependents. or
estate or heirs.
13) The FBO may not cause. suffer or permit any lien. mortgage. security interest.
financing statement or other encumbrance to be placed on any real property improvement to
real property, or fixture owned by the County and leased to the FBO under this Agreement. If
any of the encumbrances just described are filed or perfected against any such property of the
County, the FBa must promptly cause the discharge. release or otherwise clear and remove
such encumbrances from the County property.
14) a) The County must keep the Marathon Airport runway. taxiway, and the area
immediately adjacent to the runway and taxiway. in good repair and clear of obstructions and
debris. The County must maintain and operate the Marathon Airport according to the highest
standards or ratings issued by the FAA for airports similar in size and character to the Marathon
Airport. The County must also comply with the rules and regulations of any other government
agency that has, or may have, jurisdiction over the Marathon Airport.
b) The County provide ingress and egress to the premises for FBO employees.
customers, guests. and suppliers.
15) The FBO for himself. his personal representatives. successors in interest, and
assigns, as a part of the consideration hereof. does hereby covenant and agree that
6
aJ No person on the grounds of race, color. or national origin shall be excluded
from participation in, denied the benefits or, or be otherwise subjected to discrimination in the
use of said facilities.
b) That in the construction of any improvements on. over or under such land and
the furnishing or services thereon. no person on the grounds of race. color, or national origin shall
be excluded from participation in. denied the benefits of. or be otherwise subjected to
discrimination
c) That the FBO shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation,
Subtitle A, Office of the Secretary. Part 21. Nondiscrimination in Federally-assisted programs of
the Department of Transportation - 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 any of the above nondiscrimination covenants, the
County shall have the right to terminate the lease and to re-enter and as if said lease had never
been made or issued. The provisions 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.
16) It shall be a condition of this lease. that the County reserves unto itself. its
successors and assigns. for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the real property hereinafter described. together
with the right to cause in said airspace such noise as may be inherent in the operation of
aircraft. now known or hereafter used. for navigation of or flight in the said airspace. and for use
of said airspace for landing on, taking off from or operating on the airport. That the FBO
expressly agrees for itself. its successors and assign, to restrict the height of structures, objects of
natural growth and other obstructions on the hereinafter described real property to such a
height so as to comply with Federal Aviation Regulations Part 77. That the FBO expressly agrees
7
for itself. its successors and assigns, to prevent any use of the hereinafter described real property
which would interfere with or adversely affect the operation or maintenance of the airport or
otherwise constitute an airport hazard.
17) This Fixed Base Operator Agreement and all provisions hereof are subject and
subordinate to the terms and conditions of the instruments and documents under which the
County acquired the subject property from the USA and shall be given only such effect as will
not conflict or be inconsistent with the terms and conditions contained in the lease of said lands
from the County and any existing or subsequent amendments thereto.
18) If funds are not provided by the United States for the operation of a Marathon
Airport control tower, navigation aids or other facilities that are needed by the FBO for service
at the Airport, the County is under no obligation to provide those facilities or services.
19) a) The County may treat the FBO in default and terminate this Agreement if the
FBO fails to timely submit the payments required of it under paragraph 3. Before the County
may terminate the Agreement under this subparagraph. the County must give the FBO written
notice of the default stating that if the default is not cured within 15 days of the FBO's receipt of
the written notice, then the County will terminate this Agreement.
b) The County may treat the FBO in default and terminate this Agreement if the
FBO does not begin fixed base operator service and have the insurance required by Exhibit E
within 30 days of the effective date of this Agreement. Before the County may terminate the
Agreement under this subparagraph, the County must give the FBO a written notice of the
default stating that. if operations do not commence and the required insurance is not obtained
within 15 days of the FBO's receipt of the notice, then the County will terminate this Agreement.
c) The County may treat the FBO in default and terminate this Agreement if the
FBO, after starting fixed base operator service at the Marathon Airport. fails to keep in full force
and effect the insurance required by paragraph 12 and Exhibit E. Before treating the FBO in
default and terminating the Agreement under this subparagraph, the County need only provide
8
the FBa 24 hour notice by FAX or overnight courier. The County may. but need not. provide the
FBa with an opportunity to cure the default.
d) The termination of this Agreement under subparagraphs 191al-lcl does not
relieve the FBO from an obligation to pay whatever damage the County suffered because of
the FBa's default.
e) The County may also treat the FBO in default and terminate this Agreement if
the FBa fails to comply with its other obligations under this Agreement (the obligations besides
the payment of rents and fees when due. and the purchase of insurance and keeping it in
effect.) Before the County may terminate the Agreement under this subparagraph, the County
must give the FBO a written notice of the default stating that. if the default is not cured within 15
days of the FBO's receipt of the written notice. then the County will terminate this Agreement.
Termination under this subparagraph does not relieve the FBa from an obligation to pay the
County whatever damages the County suffered because of the FBO's default.
f) Despite the FBO timely cure of its acts of default or the County's waiver of acts
of default. if the FBa defaults three times or more in performing its obligations under this
Agreement during a calendar year. then the County may. in its discretion. determine that the
FBO is a habitual violator. When the County makes that determination, it must notify the FBa in
writing. The notice must explain why the FBa was determined to be a habitual violator and that
any future act of default will be noncurable will not be waived, and will be the basis for the
immediate termination of this Agreement. If a subsequent default occurs, the County may
terminate this Agreement by giving the FBO 10 days written notice. The FBO must pay the
County whatever rent and fees are due as of the date of termination. The FaO will then have no
further rights under this Agreement. Termination under this subparagraph does not relieve the
FBa from an obligation to pay the County any damage suffered because of the FBO's final act
of default.
9
20) The FBa may terminate this Agreement in its discretion -- if it is not in default in
paying the rents and fees owed to the County - by giving the County 15 days written notice,
upon the occurrence of any of the following events:
a) The issuance by any court of competent jurisdiction of an injunction in any
way preventing or restraining the use of the Marathon Airport, or any part of the Airport, for a
period of at least 90 days.
b) The lawful assumption by the United states of the operation, control or use of
the Marathon Airport, or any part of the Airport, in a way that prevents the FBa from operating
its fixed base operation for a period of at least 90 days.
c) The inability of the FBa to use the Marathon Airport for at least 90 days
because of fire, explosion, earthquake. hurricane, other casualty, or acts of God or the public
enemy.
d) The FAA's failure to grant the FBa the license Is) necessary to operate its
service.
e) A dispute between the County and another governmental agency or
between other governmental agencies that make it difficult or impossible for the Marathon
Airport to be operated safely for a period of at least 90 days.
The grounds for the FBa's termination of this Agreement as stated in subparagraphs 201a)
- Ie) create no basis for any County liability to the FBa and cannot serve to create any
obligation on the part of the County to pay money to the FBO.
21) The FBa may terminate this Agreement and treat the County in default if the
County fails to perform its obligations under this Agreement and the failure is not due to the
reasons described in subparagraph 20Ia)-(e). Before the FBa may terminate the Agreement
under this paragraph, the FBa must give the County a written notice of the default stating that.
if the default is not cured within 15 days of the FBO's written notice, then the FBO will terminate
this Agreement. Termination under this paragraph does not relieve the County from an
10
obligation to pay the FBO whatever damages the FBO suffered because of the County's
default.
22) The waiver by the FBO or the County of an act or omission that constitutes a
default of an obligation under this Agreement does not waive another default of that or any
other obligation.
23) The FBO may not assign this Agreement or assign or subcontract any of its
obligations under this Agreement without the approval of the County's Board of County
Commissioners.
24) All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the FBO and the County.
25) During the term of this Agreement. the FBO, must have and maintain a registered
agent as required by Chap. 620, F.S" and keep the County informed of the agent's name. title
and address.
26) This Agreement is govemed by the laws of the State of Florida and the United
States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida.
In the event of any litigation, the prevailing party is entitled to a reasonable fair market value
attomey fees and costs.
27) This Agreement has been carefully reviewed by the FBO and the County.
Therefore. this Agreement is not to be construed against any party on the basis of authorship.
28) Notices to the County provided for in this Agreement. unless otherwise specified,
must be sent by certified mail to:
Marathon Airport Manger
9400 Overseas Highway
Marathon. FL 33050
Notices to the FBO provided for in this Agreement. unless otherwise specified, must be sent by
certified mail to:
Paradise Aviation, Inc.
9850 Overseas Highway
Marathon, FL 33050
11
29} This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be modified or
replaced except by another written and signed agreement.
6
30}
This Agreement will take effect on A'<<'lc..
,1998.
..,
,
(SEAL) \ .. ..-
A TTEST: DANNY L. KOlHAGE. CLERK
BY~~~~
DeputY lerk 03 11-' 9
ATTEST:
ByJJk ~~\f'^Ji
Title .)LV.
pcon/fbomara2
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY, FLORIDA
~
Mayor/Chairman
By::t~ . ~
Title Q~!i." E~""
12
EXHIBIT 'A'
REAL PROPERTY
4
N
::8:f: -..-
II1ItC
""._.01
t.~ro.71
~~
~o.
~ \
s.
u.
SURVEYoR'S NOTES:
North arrow balled on NAD 83 (1990) Stole Plane Coordinate S)'Ittem
Reference Bearing: NAO 8J (1990) State Plane Coordinate' Syetem
.<J'denotee exl.lIng e'e...otlon
Elevotlon. balld on N.G.V.O. 1929 Datum
Bench Marl< No.: X-27J EI.....olion:
Monumentatran:
" - ..t Spike or P.K. Noll, a. noted J.907 (de.troyed)
S - lit 1/2" Iron pipe, P.LS. No. 2749
. - found 1/2" iron pipe
Abbl'WYlatlonr.
s~. - Story o/h - Ov.rhead
R W.. Right-ot-Way u/g - Under\lround
td. - round r.f'L - Fini.h Floor Elevation
p. .. Plot cone. - concrete
m. - Mea.ured
O.R. .. Official Record. @ .. BOllllne
Sec. .. Section C.B. - Concrete Block
t. Twp. .. Town.hlp C.B.S.- Concrete Block Stucco
... R~e. - Range cov'd.- Covered
N. .S._ Not to Scale DE .. E:loclrleol Pull Bo.
( - Centerline
Elev. - Elevation OE= Electrical Man Hole
B.M. - aench Marl<
P.B. .. Plat Book "* .. RunwCl)l light
~g. .. page
lec." Electric S - Horiz. control Monument
Tel. .. Terephone
C.B. .. Catch Bo,'n
neld Work performed on: 12/30/97 thru 1/16/98
Monroe CC'unty
Marathon Airport. Marathon, Florfda
Sketch to accompany Legal
Descri tion
Sca": 1 "-200' Ref. f'lood panel No.
132-1
Sheet 1 of 2
Own No.:
98-437-01
FREDERICK
ENGINEER
H. HILDEBRANDT
PLANNER SURVEYoR
Oat.: 1/28/98
Flood Zon.:
Own. : f'.H.H.
Flood E1.....
3150 North',de Drive
Suit. 101 .
Key West, tJ. 33040
(305) 293-0466
f'o.. (305) 293-0237
REVISIONS AND OR AODmONS
3/8/98: Hon er location
Marathon air ort leo..
LEGAL DESCRIPTION (LEASE AREA): .
A portion of land located at Marathon Airport, and being a part of Section 1, Township 66
South, Range 32 East, Key Vaca, Monroe County, Florida and being more particularly
described as follows:
COMMENCING at a N.Q.S. Horizontal control monument stamped MTHC 1989, and whose Florida
State Plane Coordinates are N 142029.09 and E 638059.76 <1983/90); thence N 67'29'51" E
for 2473.09 feet to the Point of Beginning < N 142975.60, E 640344.55 ); thence N
67"22'.34 R E along the edge of an asphalt surface far 1347.96 feet < N 143494.14, E
641588.79 ); thence S 22'39'52" E and along the edge of an asphalt surface for 252.91
feet to a chain link fence < N 143260.76, E 641686.24); thence S 67'23'40" W and along
the said chain link fence for 1348.46 feet ( N 142742.4.3, E 640441.38 ); thence N
22'3.3'05- Wand along an edge of a asphalt surface for 252.48 feet to the Point of
Beginning,
Containing 340,679.56 Square Feet or 7.82 Acres, more or less.
CERTlFlCATION:
I HEREBY CERTIFY that the attached Sketch to accompany Legal Description
is true and correct to the bes of my knowledge and beh!'if; tnat it meeb the minimum
technical standards adopted the Florida Board of Land Surveyors, Chopter 61 G 17 -6,
Florida St ute ction 472. 27, and the Americon Lond Title Associatian, ond that
ther ar n ible encr chments unless shown hereon.
NOT VALID UNLESS EMBOSSED
Monroe County
Marathon Airport, Marathon, Florida
Sketch to accompany Legol
Delen tion
Seal.: '''-200'
Dot.: 1/28/98
WITH RAISED SEAL &: SIGNATURE
Sheet 2 of 2
Own No.:
98-437-01
FREDERICK
ENGINEER
H. HILDEBRANDT
PLANNER
SURVEYOR
R.f.
132-1
Flaod pon.' No.
Own. B : f.H.H.
flood Elev.
3150 North.id. Dr;ve
Suit. 101
K.y W..t, fl. 33040
(305) 29J-0466
fox. (305) 293-0237
f'Iood Zone:
AND OR ADDITIONS
Marathon oir art lea..
EXHIBIT 'B'
PERSONAL PROPERTY
TIIU: FLIGHT DEI'ARTI\'1ENT
TIlE r-OLI.OWIN(i ARE LOCATFI> AT TIIF JET CENTER
No. Dcscription Scrial No. Mudel NU.I.uration Cund. Purchn~e Purch.
Price Date
0001 Chair, swivel sccretary f'il(l('~ luunge gond 95.00 12/RR*
0002 Chair, swivel secretary good <) ~ . 00 12/RR.
0003 Chair, overstuffed rocker good 376.30 12/8R'
0004 Cork board 2'x3' good 20.00 12/RR ·
0005 Phone, multi-l;ullon {....,.~ ,-'<#_ ! t,l -1..... or 7': ~ f good 200.00 12/RS.
0006 Phone, multi-buuon Ih"'\ Lgood 200.00,".' 12/RS.
n007 Television, Philco . 25<:537 good 250.00 2/94 ·
0008 Lamp, tnble good 50.00 I 2/S 8 ·
0009 Table; end, rectangular good 125.00 12/88.
0010 Tnblc, large shelf good 1(,5.00 12/88.
0011 Table, round end good 85.00 12/&8.
nOl2 Love seat w/rec1incr good 609.50 12/8R
0013 Love scat w/rcc1incr good 609.50 12/88
0014 Microwave oven, Sharp R4075^ K ilchcl1 good 100.00 5/9 J *
0015 I lockers 1)0\\11 Bath good 95.00 12/88*
0016 Rcrriglfrce7.er, Frigidairc K itchclI good 560.00 12/88*
0017 Chair, kitchen good 25.00 12/88.
OOIR Chair, kilchcn good 25.00 12/88.
0019 Chair, kilchcn good 25.00 12/88*
0020 Tohle, kitchen round good 65.00 t 2/88.
(lO21 Time Clock 33)()20498 6807 I )()\\'l\ Bath good 625.40 5/1/94
0022 Vocuum, Iloover Runahoul <:Io::;cl fair 98.00 1/95+
0023 Chair, wicker w/cushions I.ohhy fair 369.94 12!RR
0024 Chair, wicker w/cushions fair 369.94 12/8R
0025 Chair, wicker w/cushions fair 369.94 12/8R
0026 Chair, wicker w/cushions rc,ir 369.94 12/88
0027 Chair, wicker w/cusltions f.,ir 369.94 12/8R
0028 Chair, wicker w/cushion~ Cair 369.94 12/88
0029 Chair, wicker w/cushions Htir 369.94 12/88
O())O Love'seat, wicker w/cushions Cair 594.84 12.1RB
0031 Tuble, fiberglass good 50.00 12/88.
0032 Table, fiberglass triangle good 45.00 12/88+
0033 Table, fiberglass, end good 50.00 I 2/R 8 t
0()34 Love sent, wicker w/cushiuns Inir ~44.84 12/88
ClO35 Table, fiberglass, round end good 50.00 1218 R t
(1036 Tnhle, fiherglas~ triangle good 4 5.00 12/88+
no :l7 Monitor. computcr, WSYE OICI410JJI.' W Y .liO RClTl'lion OCl'kg()('d J7f.D 8/3/94
0038 Printer, receipls, Star 2 I 0090 I 009 II ()PR340 good 100.00 l/tn.
0039 Video monitor, IIyundai gO 1102 I COl109 good 135.00 12/88.
0040 Phone, rnuUi buttons good 20000 '2/88.
h-~ ,
Page No I
THE FLIGHT UEI'ARTI\'IENT
No. Description Seri:.1 No. Model NU.I.ncatioll Cund. I'urchnse Purch.
Price Date
0041 Calculator, 2 color. Cn~io 12564 J1 1>1.170^ good <)5.39 3118/<)(,
0042. Weather1ronic:i, (}unlil1letric~ 21 I~m excel 2,040.00 9/11<)0
0043 Printer. Epson dot matrix 8750 I.x-Jon good 23 5.00 W93.
0044 Pencil ~harpcner, Panasol1ic gO(ld 25.00 8/93"
0045 Radio, Standard good 650.00 I 2/8 R ·
0(146 Phone, multi bufton good 200.00 12/RR.
0047 Picture, Aust-A viatik I)-I Pilots lounge e:<cd 55.ml" 12/8R.
0048 Picture. SPAD-S-7 . e:<cel 55.00 12/88.
0049 Picture, USAF Radar Balloon e:<cel 25.00 2/89 *
()OSO Marathon Map I< ilchcn e:< cd 35.00 3/89*
0051 Picfure, USAF Rndar Bnlloon ()o \\ II "a II e:<ccl )0.00 4/&q.
<1052 Picture, FL Keys Free Area Do "'" I I n II good 10.00 5/9 I ·
()O53 Radio, Comco Air lllc. w/mic Reception Dcske:<cel 650.00 I 2/8 & *
()O54 Radio, Germve w/rnic. good 650.00 9127fQl
0055 Power supply, Powervcrtcr PR-IO good . 100.00 12/88*
0056 Picture. fish. malted I.ohh~' exccl 80.00 12/RR*
0057 Picture, USAF T-Birds excel RO.OO 12/R8*
005R Picturc. F 117 3D Art 1)(\\\'11 Ila II e:<cel 50.00 12/88*
(1059 Creden7.a, 2dr. Forrlliea Cnnlercllcc e:<cel 250.00 1 2/8 R *
Cl060 Not uscd
(J061 Not used
(J(J62 Not used
0063 Not used
ClO64 Telephone, multi huUon e:<cel 200.00 12/88.
0065 Desk, gray w/typc 5tand e:<cel 400.00 1/7/<)3
0066 Chair, desk w/arms good 85.00 1193'
0067 Not used
(J068 Not used
(J069 Nol used
0070 Chair, hlue upholstered exc-el 75.00 I 2/R8.
0071 ("'hair, hlue uph(J15tercd exccl 75.00 12/8R.
(Ion O,air, hlue upholstered exccl 75.00 12/88*
(J073 Chair, blue upholstered excel 75.00 12/88 ·
(J074 Chair, blue upholstered e:<cel 75.00 12/88.
0075 Chair, hluc upholstered excel 75.00 12/88.
(}()7tS Chair, brue uphol~(ered excel 75.00 12/88.
OCl77 Chair, hlue uph(ll~tcrcd cxc-cl 75.00 1218 R ·
(1078 Chair, hlue upholstered excel 75.00 12/88.
0079 Chair, blue upholstered e:<ccl 75.00 12/88.
0080 Chair, hlue upholstered excel 75.00 12/88.
OORI Chair, blue upholsfered exccl 75.00 12/88.
OOR2 Chair, blue upholsfered excel 75.00 12/884
Page No 1
TilE FLIGHT lJEPARTI\1ENT
No. Dc~crip(ion Scrinl No Mudel No. I.ocnlinll Condo Purchase Purch.
Price Dale
(I0R3 Chair, hlue uphol~tcrcd ( 'Ul1ICI'Cl1CC cxcel 75.00 (2/R8.
0084, Chair, hlue upholslered c:o<ccl 75.00 12/88'"
0085 Chair, bluc upholstered excel 7500 12/88.
OOR6 Not used
(1087 Not uscd
0088 Silk Plant &. pot w!baskct gnod 150.00 12/88+
(1089 Not used ".... ....
(1090 Not used
0091 Nol used
0092 Not used
OO<J3 Not used
()O94 Table, Confercnce wl2 Icaf excel 500.00 12/88.
0095 Tnblc, while rOrlnic.1 (:Iass Rill. good 55.00 12/88 ·
(J096 T3ble, white rormicn w/drawcr good 55.00 12/88 ·
0097 rnn, 3 spccd, Lakc\vood "VIR fnir 35.00 1187.
(J098 File cahinct, 5 dr:nver lellcr good 125.00 r 2/88+
()()99 Telephone, mufti hultun 50100244 4751:\ I gO{ld 200.00 12/8R+
0100 Picture, ny-wing good 25.00 12/88+
ClIO I File hox, portahle pl:tstic good IS.OO 12/95+
C1102 File hox, portahle phtslie good IS.OO 12/9 5.
0103 filc box, portahlc plm,lic guud I 5.00 12/9 ~ +
0104 file box, porlable plastic good I ~.()O 12195+
(JIOS Chair, swivel, wood/gold good 56.00 1212C)/Q2
0106 Chair, naugahydc &. chromc fair 40.00 12/88.
0107 Chair, naugah}'dc & chrome Hdr 40.00 12/88 +
0108 Chair, naugahyde &. chromc (air 40.00 1218 R ·
0109 Picture, wood frame good 45.00 12/88.
0110 Picture, wood framc good 45.00 12/88.
0111 Picture, wood fmme ~ood 45.00 12/88.
0112 Piclure, wood fmmc good 45.00 12/88.
0113 Nol uscd
0114 Dcsk, wood 4 drawcr !!(l(1d 340.00 3/805.
(J II S Wa~(c basket brown plaslic gond 6.0n I 2fQ].
0116 Picture, Stinson Relianl IIp hall excel 22.00 12/88.
0117 Picture, IX-3 excc( 22.00 12/88.
(JIIR Picturc, l3eech 17R excc! 22.00 I 2.'R R. ".,...
(J 119 raper cullcr, Bo:;(nn 15" 26915 ( '(II1Il:rcn{"(~ cXl'cl )0.00 'J{Q(, ·
0120 Wastc b<lskcl, bluc plastic good 6.00 S/9 5 ·
0121 Plant and pot l III hall f.1ir 100.00 r 2/88.
0122 rire Extinguisher NJ4873R7 c:o<ccl 77.00 4/9(,+
OI:U Plant w/pol fair 35.00 319 r t
0124 Piclure, Pride of Dclroil good 22.00 12/88+
.<'.
f'(1gc No 1
TilE FLlGIlT U~r^RTI\'I~NT
No. Descriplion
Serial No.
McnIel No. I.ocaliull
<. 'on<l. Purchnse Purch.
Price Date
OilS Picture. Air Fa!\t Freighl F:'(('cl ]2 .00 12/RR.
ClI26. Picturc. Ualloon Excel 50.00 12/88.
0127 NATA Certificate Fxcel 20.00 3/96 *
0128 Exxon Silver Award 1993 (lood 110 value
0129 Marquee Ooa~d 1~l'C('pt ion De!\kGood 35.00 12/R8.
0130 Di~play cnse. lighted Gin ~hor gClod 250.00 12/RR.
250.00' -
0131 Display case, lighted good 12/88 *
0132 Display Cllse, uprigh(, 3 shefve!\ good 200.00 1/93.
0133 Peg board display lair 15.00 3/89 ..
0134 Display shelf good 15.00 4/89*
0135 Clothing rnck, chrome good 65. on 7/89 ·
OlJ6 Waste (msket, Rubbcrm:lid good Cl.OO 6/91.
0137 Ila( Rack gCl(ld 75.00 7/89.
0138 Glass she! ving, J g(l(ld 15.00 6/RC).
0139 Shelving hrnckel~, 2 gO(1d 10.no 6/89.
014CJ Shelving holdcrs, 6 good 30. ()O 6/8 C) ·
0141 Not u!\cd
ClI42 Clolhes fllck, wuud 1)0\\11 ":tlh good 2 5 . 00 6/8(, ..
0143 Not used
0144 Bulletin hoard, cork good ts.OO 12/R R ·
Ot45 Time card rack good IS.OO S/94.
CH46 Phone, multi hutton RI024:)77 IA3 Adm in good 200.()O 12/& R ·
o t 47 Phone, multi button 60726926 IA3 good 200.00 12/88 ·
0148 Punch, two hole. Sparco excel 8.00 5/95.
0149 Calculator, Casio Q2115115 DI.2201. new 139.70 4/5/96
Ot50 Filing cnb. 2 drnwer new 64.49 517196
0151 Safe, fire fyter good 200.00 5/81.
0152 Filing cllb. 5 drawer goud 125.00 12/R 8 ·
0153 filing cnb. 5 drawer good 125.00 12/RC).
ClI 54 Clock, wnll, PPP exccl 79.74 12/8R
01:)S Fax machine, Shnrp 9210J629T lIX-100 excel ~69.22 2/1919(1
() I :'\6 Copy machine, Miln S096R 1>('1255 g(lod r ,GOo.no 5/RQ ·
0157 Key hox, Keyrnasler ncw 5:' . 00 5196 ·
ot58 Calculator, Casio 12272R2 nl.270A good 84.76 512 ffQ2
n r .C\9 Monitor. cumputer, Snrnsullg t II 08076(i2 g(l(ld 370.00 12!RRt
ut6() Keyhonrd, computer WYSE gnod 50.00 8/9.1.
.. nl()1 Computer, WYSE t.. f' l-=~"/ g(l(1d- 2 ,2(~) 8fQ44<
nrfi2 Prinler, dol mntrix Pannsollic KXPI114 good 250.00 3195.
0163 Filing Cabinet, Oak 2 drnwcr good 200.00 12/88.
(JIM Monitor, com puler, WYSE OlCI3COl7JR WY60 good 356.13 8/17/94
nl()5 Keyhoard, computer WYSE good 50.0n 8/94 ·
0166 Desk, wood w/wing gopcf 375.00 12/8R +
)- )1 f -..) C.,..... fu I,;... I'-{o"",.. r(,,- .... <-t,.. co ./~-~ H' (,,-, I (0 (") .J.) ~! (,'1
I'age No 4 I
TIIU: FLIGHT OEPARTr\1ENT
No. Description Scrinl No. Model Nn.l.o(,~atinn ('om/. Purchase Purch.
Priee Date
0167 Dcsk. wood w/wing Adlllini~lralion !!ood 375.00 12/RR.
() 168- Table, mctal w/formica good 75.00 12/95.
0169 Coffee pol, 30 cup, West hend <iROJO 1)11 11:111 c10sel !!ood ~ <i. 00 6/Q4 ·
0170 Mop buckel M:lin hnllg:u pOOf 45.00 7/95"
0171 Gencrator, militmy, I OK W FA65-()()50.1 MEI'.OI R^ good 950.00 II 1 6196
0172 Wagon for {;cncrntor poor 1,000.00 1/8 I '"
0173 Lavatory cart, Acro gO(ld 2,495 ,," 2/14/92
0174 Fire e:dinguisher OJ98A good 77.00 8194 ·
0175 Jack stand, Inr{;c fair 187.00 6/89*
0176 Jack st:md, sma II fair 146.00 2/1/93
() 117 Jack stand, small fail' '146:<)0 21 1193
0178 Iron hoist hemn rnir 55.00 6/88.
0179 Saw, mdial arm, ASP, 14" 122 5465 Cair 350.00 (0/16/95
OIRO Pump, portable, Mule Cair 250.00 5191'"
OIRl Mop bucket l'l(lOf 45.00 7195.
01R2 Tug, I.ectro R8J91SB 19!UiOO good 7,500.00 6/11/93
(JIR3 fire extinguisher fair 77.00 8195.
01M Charger. Lectronic 36 LC401 JET 947." fair 12 5 .00 6/93 ·
OIRS Oil pan poor 15.00 4/91.
OlR6 Golf cart, Cluh em 7451 fnir 300.00 4/17/9(,
CJIR7 Stairs, portable wood IIallgar2 good 200.00 3/93.
nlB8 Ground flower unit "ohmt 79P:-)O 1959 Jet I ~x good 3,000.00 12/3/92
0189 Vice, bench '3ir 30.00 8/93 ·
0190 Ocnch on wheels 'nir GO.OO 8/86 .,
0191 Air compressor, Ingen:;ofl 63508 fair 375.00 . 12/88.
0192 Sand cleaner, Empire <:2945 I () C^B24JO rail' 350.00 712Rlq 1
0193 Fire extinguisher rnJ310939 good 77.00 3/9 ( ·
0(94 Mop bucket rair 45.00 5191.
0195 Mop bucket rair 45.00 5/91.
0196 Carpet cleaner, Bissel good 225.00 7/93.
OIC)? VacUUm, weVdry, Cransl11an floor 45.00 6192.
0198 Ramp vacuurn, Birry Goat 6117.1\ I ~~11SF r.,ir 481.50 11/R/Q~
0199 rower W3shcr, I lunda )OOOPSI CAT~(j good 1,478.70 5/30/91
CJ2C10 Engine hoist, 8 (on good 400.00 7/RQt
02C11 raint striper, Mike Dilka good :l ~ . (10 7/96.
CJ2C12 Power supply, r.aMarche n 113490 A-.:!R-:W fnir 200.00 4;<;14 ·
(J:!(O Dcsk, sum" 2 drawer f1(1(lf' ~~.(,2 7/JO!Q I
0204 Tow hnr, f:lrgc gO(ld '7~.OO 6/90 t
0205 Tow bar, small rail' 100.00 8/9'.
0206 Weedcatcr, Green Machine good 45.00 9/92t
0207 Bench, wood, on wheels RO.OO P./R 7 t
p(lor
02(JR Ladder, fiberglass good 60.00 7/9"4.
Page No "
TilE FLIGHT IJEl'^RTIVIENT
No. Description Serinl No. Mudel No.l.ocatinll CClIId. Purclmse Pureh.
Price Date
0209 Ladder, Fiberglass Ilnngll" 2 good 60.00 7/95*
0210. Creeper good 35.00 6/90*
0211 File cabinet. 4 drawer good 120.00 5/93*
0212 Rake. nul good 18.00 4/91*
0213 Rake, leaf good 14.00 4/91.
0214 Iloc, garden good 12.00 4/91 *
0215 Squeegee good 15.00" 7/9 J.
0216 Pump good 65.00 7/91*
0217 Can, wipcr good 20.00 8/93"
0218 floor jack. lion lair 75.00 1/92 *
0219 13nltcry chnrger rair 125.00 7/RQ*
Cl220 Shelving, steel fair JOO.OO 3/R9*
0221 Shelving, steel (3) .hir 300.00 3/R9.
0222 Shelving, steel (3) fair 300.00 3/89*
0223 Ocnch with vice lair 90.00 8/91*
0224 Bench fnir 70.00 8/Q 1*
0225 Wheel harrow fair 100.00 lOft 6/Q5
0226 Crcdcn7.a, divider poor GO.OO 12/95.
0227 Parts washer, Allied poor 250.00 12/89.
0228 Bench, wood w/mctal top rair 75.00 3/89.
0229 Ilanger. hose fair S.OO 4/91*
ODO Laundry tub fHi r 45.00 12/88*
0231 Gench. wood fair 55.00 9/89*
0232 Drum of mineral ~pirits gnod 85.00 3196.
0233 Drain pan. aluminum "U" guod 45.00 5/8<).
0234 Drain pan. aluminum reclangulnr fair 30.00 5/89 *
0235 Drain pan, galvanized fhir 25.00 5/89 ·
0236 Groom. push f.,ir 15.00 6/Q4*
0237 Scaffolding set w/whecls fnir 50.00 7/87*
0238 Tool crib. steel W/lop good 1.524.42 8/23/q~
()2J9 Shcl\'inC. large ~teel (4) filiI' 300.00 3/89*
CJ240 Shelving, large steel (3) rair 300.00 3/8Qt.
02-1' '.adder. step 6' wood {!.ood 35.00 619 5 ·
CJ242 Air sprayer. Grover 225SrU3RC 85 good 90.00 7fC16*J
CJ243 Tug, CI3rk OTA40 good 5,000.00 8/86*
0244 Eye wa~h station (jnc ~hnck gO(ld 25.00 9/Q4 .,
0245 Air condilioncr, Pa,msonic 17321540J CW(I{lO.fl1 good 401.25 6/Q/Q2
0246 Ulack bmJrd, Inrge fnir 35.00 7/8 ~ .,
0247 Chair, cream let!(her poor 55.00 8/85.
0248 Desk. wood w/(yping stand poor 250.00 7/M ·
0249 Radio, tJNICOM lair 6(10.00 SIR r'
0250 Calculator, Sh3rp r::r. f (jOT'!" g90d 45.00 9/91""
l';lgc I--./<, (I
Till!: FLIGIIT DEltARTIVIENT
No. Description Serial Nu. Model No.l.ucalion COI1(I. Purchase Pureh.
Price Date
02~1 Pencil sharpener, Pana~onie ( 'I)Rl0 good 20.00 2/93.
. . Waste basket, (all fnir 12.00 1/94-
n252
0253 file cabinet, 5 drawer poor 12S.00 6/91 ..
0254 File cahinct, 4 drawer filiI' , 25.00 5/Rt1"
0255 Uniform cOllt~il1er, pla~tic good 25.00 8/94 "
n156 Tool chest w/nssor(ed (o(lls l!ood 370. no 8/94 "
...
n257 Locker, 6 door fair 95.0&' 12/88 "
0258 Refrigerator, small . g<\od 75.00 8/89"
0259 free7.er, small chest g{lod 65.00 8/89.
0260 Metal desk, 2 drawer poor 35.00 5/9 I.
0261 Nylon cu((er. electric fail 28.00 6/91"
0262 Dust buster, OInck & Decker good 2S.00 6/93 ·
0263 Desk, 3 drawer rair 45.00 7/93.
0264 Chair, swivel secretarial . lilir 45.00 7/93.
0265 Spttce healer ISOO good 48.00 2/97*
026(i Chair, swivel arm ("nir 45.00 7/89.
0267 Clock, quart7. good 20.00 219 , ..
01li8 nook cnse, 2 shelf fnir lO.OO 4/Rq+
026<) Bulletin hottrd, Imge !!ood 25.00 3/9 T ..
n270 Bulletin board, ~rnall good I S.Ul) 3/'11*
(J271 CrCdCn7.3, built-in 6 drawer puor 85.00 3/91.
(1272 Marathon Key sign exccf 45.()() 4196*
0273 Marathon key sign e xcd 45.00 4196.
0274 Air cond/hcater, Arnall:J 9104U72R17 PTA{ 'I D.'~( i (air 801.50 11114.'91
0275 Softt, 3 cushion lair I ~O.OO 8/%*
0276 Desk, wIn drawers good 75.00 8/96 ·
0277 Chair. w/anns poor 45.00 8/%.
0278 file cabinet. 2 drawer fair '5.00 6189.
0279 Room divider good 15.00 8/96 ·
02&0 Waste basket good 12.00 8/96 ·
02&1 Ice ,"achine, ManitowlJc 890720774 6422 good 600.00 5I1t/9~
0282 Calculator, sharp ELI I 97CifI r.,ir 45.00 4191.
0283 Chair, card table Iype r.'l i I' 15.00 8/&9 ·
0284 Air compressor fair 250.00 9/91.
C12&5 BaUery charger, golf cart 13<1828 g<\Cld , 25.00 I 2lq(1.
{12M Fire extinguisher !!o(ld 77.00 9,/Q5*
C12R7 Air (nnk. por(nhle good ~o.oo 'J/Q6 ·
02RR (iolrcnrl, Cluh Ou S<1658R (l():'\l)() (nil' (1(15.25 4/17/Q3
0289 Desk, executive wood DFS Ind. <lell. Mgr. ()fe cxcel 400.00 t 2/88 "..
(1290 Sidc cahinct. wood (''(eel &:'\.00 12/88.
O:?<JI Crede!17.a.4 drawer c'(cd f 75.(l{) 12/8R ..
0292 Chair. armed ~\Vivcl lIS hlrnil good 2GO.OO T 2/RR40
1';1 gc ~-J(l 7
I'll E FLI GilT U ErA RTI\'I ENT
No. I )cscription Sednl No. Model NO.I.ocntiun ('und. Purchn5e Purch
Price Dale
029J Chair, armed (kn. Mgr. (>rc ~(l(ld 110.00 12/88'
0294' Chair, armed good 110.00 12/RR'
0295 Book case, wood 2 ~hel r" c~l'el 4~.OO 12/RR t
0296 Picture, frame, MTII map c"<ccl 45.00 12/88'
0297 Camera, Vivitnr 1(\07. good go.oo 1/89.
0298 Snfe, Sentry floor (l2~O c~cel 224.80 3/29196
0299 fire extinguishcr .I L-7208(l3 40R Fuel !arlll nlir 77.00' 4/93.
0300 fire extinguisher 11,-720871 40R fair 77.00 4/93.
0)01 fuel pUlnp, cast iron while gmld 2(iO . 00 12191.
0302 fuel pump, Marlo 302 hlue..' r"l1ir 200. no 12/9 I ·
0.:\03 fuel pump, TutfhHl, 50PSI Seric!\ J(J(J r"air 225.00 8/91 '
0)04 Fertilizer spreader g(lod 2 5 . 00 6/94 '
0306 Spade, small fnir 15.00 8/86'
<130S Sprayer, chcmical good 15.00 5/94 '
<J:\07 Vice, bench I.inc ~hnd Hlir 4 5.00 8/94 '
0.108 Bench, wood f":lir .:\ 5.00 8/94 ..
0309 Tmsh receptaclc, ~t(lnc racc .lei elf cnlrnnceg(lod R 5 . on 8/91 ·
0310 Trash receptacle, slone face good 85.00 8/91'
03' I Picnic tahle wl2 henches good 150.00 12/88"
Cl312 Picnic tllhfe good 90.00 12/88 ·
03'3 Picnic table wl2 benches good 150.00 12/88'
0)14 Fire extinguisher IIY I 8860 I I )uwn hall excel n.oo 12194*
Life ran Yellow 6 person Down clu~cl good 2,900.00' 9189*
0315 Puhlic Address System 12^89 M P ^-4 0 cxccl 250.00 6/1519:!o
())I6 l3ack up power supply A VI 20600lR8 48BBU cxcel 250.76 6/15/q3
0317 Chair, wood good 15.00 12/RR *
031R Shelving, slcet (4) good f B.OO 3/89*
0319 Shelving, steel (5) good 20.00 3/8<) *
0320 File drawer, portablc, ~lecl Oxf(mJ good ~5.0() 3/Rq*
Rescue ran, Winslow AIR-C:5315 (i(Jf\.K'R fhir ROO.OO 4/5/q~.
(Jon I Telephone syst, Prcmier 20500J.59 I^J g(1(1d ROO,OO 12/88.
Dodge v:m, 1987 2B4FK5 I (1711R 15C)47~ Inir 16.000.00 87*
,I' Fucltruck,1elA, Intcrrm(ional IIITAA 1652[)IIA32(l17 1654 Rmnp good 10,881.50 1/13/Q4
[lcech naron TI 1-1075 B58
()/fQ2 B:tllery hack up Admin ncw 533.95 1/2/97
(J'f93 Clock, wall, PPP I.(llth" cxcel 79.75 12.'R8
0494 ShelvinG, 3 sl1e1ves n...k(JI\~' c:'(C'c1 224.54 9/28/Q4
04<)5 Shelving, 6 shelves good )5.00 4/89*
049r, Typewriter, H3M 6747-11-6047438 Whccl6 Admin excel 600.00 1116/92
Pngcr, General Marmger J 13- I 5(l6 exccl 80.00 1190'
I''' .
P;:Jgc No R
TilE I7LIGIIT UEPARTfHENT
No. I)c!)cri pt ion Sed:!1 No. Model Nn.l.n('utinll ("nnd. Purchnse Purch.
Price LJate
Pngcr. Line Svc. Super 1 .i "l~ rnir 80.00 5/96 t
r)nger, On-cnU I.illc ,; n ir 116J)9 6/4/93
0497 Exxon CC rlrocc~sor, Verirul1c 0 1 :l-(j8~-141 JlW nc(,'cl'li(llli~t good 662.50 111l1/'1J
0498 CC receipt printer, Vcrirone () 13-498-775 2~() good part or"0497
0499 Visa CC proc<;~s()r, Verifonc 011-040-676 ZUII .Ir.XI.. good 320.00 12/93
0500 CC printer, Citi7,cn 91116427 I W 560JUH . good pm! or "0499
OSOI CC imprinter, [)alncnrd g(l(1d 55.0C),' " 5/94 ·
0502 Power supply, Juhnsdn gnod 95.00 5/91.
CJ50) Calculator, Texas Ins(ru. ()OJ517':o TI540 { Ip c1(1~ct rail' 45.00 6/91.
0504 Prillter; dot mntrix, Pnnasonic 7CK^^D2) 166 KXPI092i ('ln~SI(l(lll1 fili.. 245.00 6/91.
TV/VeR Y3.52-13978 <JJ444RIC\2t)O good 300.00 7112/'1').
Tow l)(Ir, BrnckcU 319.57 7111/9),
050R Security camera 80 ( OR,t CO I (10 ( .ohhy ul' .( inod ((J5.99 8/88
0515 Fire extinguisher .NJ4(l~75J 11I01.1. Truck NC.'\\' 77.0n 81'1(lt
noli 16 Step Indder. 2' 10" ^hlll1. J6.5 Fnir 15.00 6/95.
n517 Fire Extinguisher Bi/c:11'h Jt'l ^ Truck 2 ( i (l(ld 77.00 5/Q4.
(J~18 Fire Extingui~her Bi/carh (iood 77.00 5194+
(J~Ic) Step ladder. 8' ribcrglass 6208 (I (lud 75.00 8/95.
O~20 Fire Extinguisher Bi/emh kt^ Truck 4 New 77.00 8/96.
0521 rire Extinguisher Hi/emh Nc\\" 77 . 00 8196.
0522 Laddcr, 6' ^'urn. J76 (i 1I m.l 88.00 5/95.
CJ523 Ladder, 2' 10" Alum. .165 Goud 25.00 8/94 t
Radio, Tekk w/charger ADII0705 T-20 I.inc Sh.1ck Guod 250.00 5/94 t
Radio, Tekk w/cl13rgcr AEJI213 T-20 Guod 250.00 5194.
Radio, Tekk w/cl13rger AEJ0283 T-20 (i uud 250.00 5/94.
Radio, Tckk w/charger AEI 12109 '1'-20 good 250.00 5/94 t
Radio, Motorola w/clmrgcr 519FRC26 f7 p-:)(1 good 250.00' 6/9 5 t
Radio, Motaroln w/cfmrccr no sn P-50 poor 250.00 6/95.
Radio, Motorola w/chnrgcr SI9FIV2730 P-50 pO(lr 250.00 6/95.
Radio, Molorula ^1.T-()()G40 SP-I (I puor 250.00 8/91*
.E~fil11:t(cd d<lte nnd value when item was phlccd in ~cf\'icc. ,.': ..
.,
n:INVENTO.SAM 1/21/97
Page No 9
EXHIBIT 'C'
FIXED BASE OPERATOR MINIMUM STANDARDS
"
Division of Community Services
RESOLUTION NO. 374 -1990
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA. APPROVING
THE REVISED MINIMUM STANDARDS FOR COMMERCIAL
AERONAUTICAL ACTlVITIES BY FIXED BASE
OPERATORS AND OTHER AERONAUTICAL SERVICE
PROVIDERS AT MONROE COUNTY AIRPORTS.
WHEREAS. ~he Board of County Commissioners of Monroe County,
Florida, previously approved Minimum Standards for Commercial
Aeronautical Activities by Fixed Base Operators at the Monroe
County Airports. and
WHEREAS, the Board of County Commissioners reserves the
right to modify these standards from time to time as may be
required for the benefit of the general public and for proper and
efficient operation of the airports, and
WHEREAS, the Board of County Commissioners wishes to revise
the minimum standardsf now. therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA. that the Board hereby approve. and
adopts the attached Minimum Standards for Commercial Aeronautical
Act1~1ties by Fixed Base Operators and other Aeronautical Service
Providera at Monroe County Airports.
PASSED AND ADOPTED by the Board of County Commissioners of
cKonz;se
0:. N
fOn tIhe
l. tL
n
Coun~y, Florida, at a regular meeting of said Board held
J~-t! day of 4Ja f2 r , A.D. 1990.
-:'.~
In
-
C
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c:..
W
-'
L:
~
~
-;, ::;~
<:.~ a
x:
....
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY. dt.~
MAWRI (;HAIKMAN
(Seal)
Attest: DANNY L. XOWAGE, Clerk
--6lL ~-".LJ/
APPROVED AS TO FO.r.,;
AflD LEGAL SUFFICIE.... ~
I:::-._~
.f~'~~~~~_P~;
..
MINIMUM STANDARDS FOR COMHER~IAL
AERONAUTICAL ACTrvITIES BY FIXED
BASE OPERATORS AN&OTHER AERONAUTICAL
SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS
~
"
I. DEFINITIONS
A. Aeronautical Activity or Service
B. Airport
C. Airport Director
D. Airport Master Plan or Airport Layout Plan
E. Applicant
F. Commission
G. County Administrator
H. Fixed Base Operation
I. Minimum Standards
J. Person (8) or Provider(s)
K. Rules and Re9ulatioRs
II. SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE
III. APPLICATION
A. How Made
B. Minimum Application Information
(1) Applicant
(2) Scope of Operations
(3) Management Capability
(4) Financial Responsibility
(5) Facilities Proposed
(~) Lease Term(s)
(7) Capital Investment
(8) Insurance
IV. STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITIES
A. Management
B. Financial Responsibility
C. Certifications
D. Insurance
V. FIXED BASE OPERATIONS STANDARDS
A. Primary Services
B. Secondary Services
(1) General
~2) Flight Instruction
(3) Aircraft Charter, Air Taxi and Sightseeing
Services
C. Exclusions
(1) Ground Transportation For Hire
(2) Western Union and/or Other Commercial Telecommu-
nications Services
(3) Auto Rental Services
(4) News and Sundry Sales
(5) Barber, Valet and Personal Sales
(6) Wholesale or Retail Sale of Non-aviation Products
(7) Automotive Gasoline Station
(8) Automotive or Marine Maintenance and Repair Services
D. Detailed Requirements
(1) Investment
(2) Premises
(3) Construction
(a) Tiedowns
(b) Hangars
(c) Auto Parking
2
\':. .
(d) Site Plan
(e) Utili ties
(f) Building Codes, Permitting Requirements, Reg-
ulations and Standards
(g) Final Approval Authority
(4) Sale of Aviation Petroleum Products, Ramp service,
and Storage
(a) Aircraft parking Apron and Service Ramp
(b) Fuel Tank Farm and Refuelers
(c) Pumping Equipment
(d) Hours of Operation
(e) Terminal Building FaciH ties
(f) Ground Rods
(g) Flight Line Repairs
(5) Insurance
(a) General
(b) Fire, Extended Coverage, and Vandalism
(c) Indemnity
(d) Property Damage Liability
(e) Performance Bond
(6) Fees
(a) Fuel Flowage Fees
(b) Airport Usage Fee
1. Gross Receipts
(7) Term of Lease
VI. PARTIAL OR INDIVIDUAL AERONAUTICAL SERVICES
A. Flight Instruction and Aircraft Rental Services
(1) Personnel and Certifications
(2) Aircraft and Equipment
(3) Facilities
(4) Obligations and Responsibilities
3
VII.
VIII.
IX.
(5) Insurance
B. Non-Scheduled Aircraft Charter, Air Taxi, and Sightseeing
Services
(1) Personnel and Certifications
(2) Aircraft and Equipment
(3) Facilities
(4. Insurance
C. Aircraft Sales
(1) Sales or Distributorship Franchise Agreement
(2) Personnel, Certifications, and Hours of Operation
(3) Customers and Warranty Services
,(4) Facilities
(5) Insurance
D. Aircraft, Engine, Propeller, and Accessory Maintenance
Services
(1) Equipment, Personnel, and Certifications
(2) Additional Services
(3) Facilities Required by Primary and Secondary Ser-
vices Fixed Base Operators
(4) Facilities Required by Individual Providers
(5) Insurance
E. Avionics and Instrument Repair Services
(1) Facilities
(2) Equipment, Personnel, and Certifications
(3) Insurance
F. Other Commercial Aeronautical Activities
BACKGROUND INVESTIGATION
RIGHT TO MODIFY
PRECEDENCE
4
. ,
MINIMUM STANDARDS FOR COMMERCIAL'
AERONAUTICAL ACTIVITIES BY FIXED
BASE OPERATORS AND OTHER AERONAUTICAL
SERVICE PROVIDERS AT MONRO! COUNTY AIRPORTS
The Monroe County Board of County Commissioners, recognizing the
need for orderly development of its airports and the necessity of
protecting the public health, safety, and interest in the county
airports, hereby promulgates and adopts the following procedures and
minimum standards for the use of any land or facility on said
airports.
I. ~s used herein, the fOllowing terms shall have the mean-
ings indicated:
Definitions
A. Aeronautical Activity or Service. Shall mean any
activity or service whether or not conducted on or
off airport property which involves, makes possible,
supports, or is required for the operation of air-
craft or which contributes to, or i. required for,
the safety of such operations and shall inclUde, but
not by way of limitation, all activities or services
commonly conducted on airports, such as: Charter
operations, air taxi, pilot training, aircraft
rental, sightseeing, aerial photography, crop dust-
ing, flying clubs, aerial advertising and surveying,
air carrier operations, aircraft sales and service,
sale of aviation petroleum products, whether or not
conducted in .conjunction with other included activi-
ties or services, repair and maintenance of aircraft,
sale of aircraft, parts, sale or maintenance of
aircraft accessories, radio communication and
"
5
navigation equipment, and any other activity which,
because of its direct relationship to the operation
of aircraft, can appropriately be regarded as an
aeronautical activity or service.
B. Airport. Shall mean any airport owned and operated
by Monroe County.
C. Airport Director. Shall mean the Monroe County
Director of Airports.
D. Airport Master Plan or Airport Layout Plan. Shall
mean the currently approved scaled dimensional layout
of the entire airport property indicating current and
proposed usage for each identifiable segment as
approved by the Commission and amended from time to
time.
E. Applicant. Shall mean any person(s), firm, general
or limited partnership, corporation, trust or associ-
ation, making application for, leasing or using any
land or facility at the airport for the conduct of a
commercial aeronautical activity.
F. Commission. Shall mean the Monroe County Board of
County Commissioners.
G. County Administrator. Shall mean the administrator
of Monroe County.
H. Fixed Base Operation. Shall mean the person(s)
engaging in Primary Commercial Support Services, at a
minimum, as described in Section V.A.
I. Minimum Standards. Shall mean the qualifications
established herein, as amended from time to time by
the COmmission upon recommendations of the County
Administrator and/or the Airport Director, setting
forth the minimum requirements to be met as a
6
III.
condition for the riqht to conduct any aeronautical
activity on the airports.
J.
Persones) or Provider(s). Shall mean any per.ones),
firm qeneral or limited partnership, corporation,
trust or association leasinq or usinq any land or
facility at the airport for the conduct of a commer-
cial aeronautical activity.
"
K. Rules and Regulations. Shall mean the rules and
requlations as may be promulqated from time to time
by the Commission to protect the public health,
safety, interest, and welfare on Monroe County's
Airports, and to augment the ordinances and resolu-
tions pertaininq to the airport.
II.
Special Restrictions on Airport Land and Facility Use No
person shall be qranted the right to conduct any commer-
cial aeronautical activity upon the airport, nor ahall any
person be permitted to use any land or conduct any commer-
cial aeronautical activity or the solicitation of business
in connection therewith, unless such aeronautical activity
is conducted in 'accordance with the standards herein
established and as hereinafter may be amended from time to
time by the Commission and the issuance of the proper
perJl\its, licenses, and/or the execution of a valid con-
tract or agreement with Monroe County to conduct such
activities with the county.
Application
A. How Made. Applications for the lease of qround
and/or facilities on the airport or for permission to
7
. "
B.
carryon any commercial business or aeronautical
activity on the airport with the nece88ary permits
and license shall be made to the Airport Director.
The Airport Director shall thereafter present the
application to the Commissipn. The applicant shall
submit all information and material necessary, or
requested by, the Commission to establish to the
satisfaction of the Commission that the applicant
will qualify and will comply with these standards,
rules and regulations. The application shall be
signed and submitted by a party owning an interest in
the business, or the individual who will be managing
the business, or a partner of a partnership, or a
director or an officer of a corporation.
Minimum Application Information. The Commission will
not accept or take action on any request to lease
building space or land area or in any way permit the
installation of a commercial activity until after the
proposed lessee, in writing, submits a proposal which
sets forth the scope of operation he proposes,
including the following:
1. Applicant. The name and address of the appli-
cant.
2. Scope of Operation. Description of proposed
land use area or facility sought and/or con-
struction and service activities proposed.
3. Management Capability. The names and qualifica-
tions of the key management and operating
personnel to be involved in conducting such
activity.
"
8
. "
4. Financial Responsibility. A certified financial
statement prepared by an independent accountant
or an irrevocable letter of credit from a
recognized financial institution supporting the
responsibility and ability of the applicant to
provide the facilities and perform the activi-
ties sought for a minimum of one (1) year,
together with a Pro Forma operating statement
for the year. The Commission shall be the sole
judge of what constitutes adequate financial
capacity.
5. Facilities Proposed. The facilities, tools
equipment, and inventory, if any, proposed to be
furnished in connection with such activity.
6. Lease TermsCs). The requested or proposed date
of commencement of the activity, and the term(s)
of conducting same.
7. Capital Investment. The estimated cost of any
structure or facility to be furnished, the
proposed specifications for same, the means or
method of financing such construction or acqui-
sition of facilities, and the schedule of
capital investment.
8. Insurance. The specific types and amounts of
insurance proposed in accordance with minimum
requirements for the activity.
IV. Standard Requirements for all Aeronautical Activities
Every applicant for permission to conduct aeronautical
activities at the airport shall satisfy the Commission
that he meets the following requirements:
9
,
A. Management. That such applicant has a history of
management ability in conducting the same or similar
or comparable type of service or activity in a good
and workmanlike manner.
B.
Financial Responsibility.
That such applicant has
the financial responsibility and ability to provide
the facilities and services proposed.
C. Certifications. The applicant has or can reasonably
secure necessary certificates from the FAA or other
authority required for the activity proposed.
.,
D.
Insurance.
That the applicant has or can furnish
suitable indemnity insurance or bond to protect and
hold harmless Monroe County from any liability in
connection with the conduct of the activity proposed.
V. Fixed Base Operations Standards
The following standards described herein are established
by the Commission as the minimum requirements with which
any Fixed Base Operator working to establish a full
service commercial aviation facility at a Monroe County
Airport must comply. It is understood that only minimum
standards are outlined herein and that any applicant
wishing to establish a Fixed Base Operation at a County
airport must negotiate a lease agreement with the Commis-
sion which will contain additional contractual provisions
that are not described herein.
A.
Primary Services.
Primary commercial aeronautical
support services shall consist of those services
rendered directly to general aviation aircraft, which
are identified as all aircraft using the airport
except the aircraft of certificated air carriers who
are tenants of the airport.
Such services must
10
I
include, but not be necessarily limited to, aircraft
arrival guidance, flight line servicing, including
the sale and enplaned delivery of aviation fuel and
petroleum products, providing ~ airframe, power
plant, and avionics maintenance service to aircraft
and aircraft equipment and accessories as from time
to time may be required by aircraft operating or
based at the airportf ramp assistance to aircraft,
including aircraft parking, storage, and tiedown
services, gratuitous passenger transpoFtation servic-
es between the demised premises and other places of
"
origin and destination on the airport for lessee's
patrons arriving in non-commercial aircraft, provid-
ing emergency service to disabled aircraft on the
airport, including towing or transportation of
disabled aircraft having a gross landing weight not
in excess of 12,500 pounds to the demised premises at
the request of the owner or operator of the disabled
aircraft or the Airport Director.
B.
Secondary Services.
In addition to the foregoing,
the Fixed Base Operator may provide Secondary Commer-
cial Aeronau~ical Support Services. It is understood
that providing these services by the Fixed Base
Operator is strictly at his own election. However,
if he so elects, he must comply with the minimum
standards outlined below.
A Fixed Base Operator
providing these additional services will be offered a
longer lease term than a Fixed Base Operator provid-
ing only Primary Services. The Secondary Commercial
Aeronautical Support Services shall consist of those
services generally offered at any airport which are
11
not classified as beinq in primar1 support of air-
craft usinq the airport. Such services shall include
but not be limited toz
1. General: Providinq major airframe, power plant,
avionics maintenance service to aircraft and
aircraft equipment and accessories as is from
time to time required by aircraft operatinq or
based at the airport, charter or rental of
aircraft, with or without pilot, air taxi
.,
.
service, sightseeinq services, carqo handlinq,
the sale or brokerage of new or used aircraft
parts and accessories1 meteorological services,
aerial photoqraphy and surveyinq, the mainte-
nance and servicing, including fuelinq, of
aircraft ground servicing equipment of other
tenants of the airport1 and the sale from
vending machines or similar facilities located
within the demised premises of convenience
foods, amenities, and non-alcoholic beverages,
provided that such sales shall be limited to
aeronautical customers of lessee, and shall not
be made in the form of a restaurant operation,
and shall be strictly limited to vending ma-
chines or similar facilities for the convenience
of other than airline passengers.
2.
Flight Instruction.
The operation of an FAA
approved flight Bchool so as to provide instruc-
tion from primary flight training through and
including qualifying for an A.T.R.
12
. "
3. Aircraft Charter, Air Taxi. and Sightseeing
Services. providing pilots tor the operation of
aircraft owned by others and to carry passengers
and freight tor hIre, on a non-scheduled basi.,
which shall include sightseeing privileges,
subject to all approprIate law. and regulations
of the Federal Government, the State of Florida,
the requirements of the FAA, or any other duly
authorized governmental agency.
C. Exclusions. The following concessIons and the
establishment thereof shall be specifically excluded
from the lease of any Fixed Base Operator:
1. Ground transportation for hire
2. Western Union and/or other commercial telecommu-
nications services
3. Auto rental services
4. News anq sundry sales
5. Barber, valet and personal sales
6. Wholesale or retail sale of non-aviation prod-
ucts
7. Automotive gasoline station
8. Automotive or marine maintenance and repair
service for vehIcular or marIne equipment of the
general public or other tenants of the Airport
D. Detailed RequIrements. A Fixed Base Operator wishing
to engage in a business on the airport, which must
include all of the services classIfied as primary and
may include secondary commercIal aeronautIcal support
services hereinbefore descrIbed, wIll also be re-
quired to meet the following detailed requirements:
13
1. Investment. The minimum investment in facUi-
ties. tools, and equipment excluding aircraft to
provide Primary Services at the airport i.
$300.000, part of which may be satisfied by the
leasing of existing facilities, the value of
which shall be determined by the cOllllDiaB!on.
The minimum investment in facilities, tools, and
equipment to provide Secondary Service is an
additional $300,000.
2. Premises. Each Fixed Base Operator must lease a
minimum of two (2) acres of airport property for
primary Service and an additional one (1) acre
for Secondary Services in the area designated by
the Commission. This requirement may be modi-
fied based upon availability of land.
3. Construction.
a) Tiedowns. Tiedown facilities must a tall
times be provided for a number of aircraft
at least equal to the number, type and size
of aircraft owned by the operator and/or
based at the operator's facilities, plus an
additional minimum of thirty (30) tiedown
facilities for transient aircraft. This
requirement may be modified based upon
availability of land.
b)
Hangars.
Hangars constructed or leased
from the Commission for the rental of space
for aircraft storage or for aircraft and
engine repair, shall not be less than 4800
square feet in floor area. The quality and
design of all hangars to be constructed is
14
4.
subject to approval by' the Commission
prior to construction.
c) Auto Parking. A hard surfaced automobile
parking area, adjacent to the main build-
ing, with a minimum of twenty spaces will
be required, subject to availability of
land.
d) Site Plan. All site, building and facili-
ties location, plans for the area leased
must be reviewed and approved by the
Airport Director.
e) Utilities. All proposed utili tie. to be
brought into the property must be reviewed
and approved by the Airport Director.
f) Building COdes, Permitting Requirements,
Regulations and Standards. All construc-
tion, inclUding facility installations and
building structures must comply with all
appropriate local, state, and federal
building, structural, electrical, HVAC,
plumbing, mechanical, fire, flood, and
health protection codes, permitting re-
quirements, regulations and standards as
applicable and established by the appropri-
ate government~l agencies.
g) Final Approval Authority. All of the
proposed construction and improvements will
be subject to the final approval authority
of the Commission.
Sale of Aviation Petroleum Products, Ramp
Service and Storage. A Fixed Base Operator is
"
15
authorized to receive, store,' and dispense at
retail, aviation fuel, oil, and other aviation
petroleum products. The following minimum
s~rvices are to be provided.
a) Aircraft Parking Apron and Service Ramp.
Lease frOJll the Commisaion or provide with
the approval of the commission a minimum of
two (2) acres (subject to availability of
land) of Portland Cement Concrete or
asphalt paved areas with tiedown facilities
as described in Section V.D. (3) (a) for
based and transient aircraft parking apron
with access or accesses to taxiways. The
type of pavement and pavement section
thickness shall be determined by the
Airport Director. The minimum area of the
corresponding transient or service ramp
shall be approved by the Commission.
b) Fuel Tank Farm and Refueling Vehicles.
Provide and maintain a minimum of 20,000
gallons aviation fuel storage capacity,
meeting all applicable local, state, and
federal safety and permitting requirements
in a location acceptable to the CommiSSion,
for each grade of aviation fuel usually
required for aircraft using the airport.
In this regard 100 octane aviation gasoline
and Jet A aviation kerosene base fuel,
shall be available at all times. FBO shall
operate and maintain in good condition an
adequate number of aircraft refueling
"
16
vehicles for each type 'of product sold.
Each refueling vehicle shall be of adequate
volume and pumping capacity to sufficiently
service these aircraft normally using the
airport.
c) Pumping Equipment. Provide and maintain
pumping equipment meeting all applicable
local, state, and federal safety and
permitting requirements with reliable
metering devices subject to state and
independent inspection and with a pumping
efficiency and capacity capable of servic-
ing those aircraft normally using the
airport.
d) Hours of Operation. Have personnel on duty
at all times during normal business houra
of 0800 to 1800 seven days a week and at
such other times as is necessary to satisfy
reasonable demands for aircraft services.
e) General Aviation Terminal Building
Facilities. Construct in a location
approved by the CommiSsion, or lease from
the Commission building space with a
minimum of 600 square feet, comfortably
heated 'and air conditioned with waiting
rooms for passengers and crew of aircraft,
inclUding sanitary restrooms and public
telephone. Design and construction plans
for the facility must be reviewed,
approved, and/or permitted by all applica-
ble local, state, and federal agencies, and
17
. ,
.'
approved by ~he Commission prior ~o con-
s~ruc~ion of ~he facili~y.
f) Ground Rods. Ins~all a~ all fixed fueling
locations adequate grounding rods to reduce
the hazards of static electricity.
g) Flight Line Repairs. A Fixed Baae Operator
shall demonstrate a capability to perform
minor aircraft and engine repairs of ~he
type generally known as flight line re-
pairs.
S. Insurance.
a)
General.
A Fixed Base Operator shall
maintain all required insurance and bonds
with insurance underwriters authorized to
do business in the State of Florida satis-
factory to the Commission.
All policies
shall name Monroe County, as additional
insured.
The Fixed Base Operator shall
furnish the Commission with a certificate
of insurance Showing such insurance/bonds
to 'be in full force and effect during the
entire term of the contract. All policies
shall contain a provision ~hat written
notice of cancellation or any material
Change in the policy by the insurer will be
delivered to the Airport Director thirty
(30) days in advance to the effective date
of Buch cancellation or change.
b) Fire, Extended Coverage and Vandalism. The
Fixed Base Operator shall at its lole cost
,
and expense, cause all improvements on the
18
demised premise. to be kept insured to the
full replacement value thereof, against
the perils of fire, extended coverage, and
varida1ism and in the amounts customary
against the perils of .xplo.ion from
boilers and pr.ssure v....ls, .prinkle
leakage and like perils. The proceed. of
any such insurance paid on account of any
of the peril8 aforesaid, shall be used to
defray the cost of repairing, restoring or
reconstructing said improvements.
c) Indemnity. The Fixed Base Operator shall
assume all risk. incident to, or in connec-
tion with, its bU8ine.s to be conducted and
shall be solely responsible for all acci-
dents or injuries of whatever nature or
kind to persons or property caused by its
operations at the airport, and shall
indemnify, defend and harmless Monroe
County, . its elected and appointed offi-
cials, employees, authorized agents and
representatives from any penalties for
violation of any law, ordinance or regula-
tion affecting its operation, and from any
and all claims, suits, 10s8es, damage8 or
injuries to persons or whatsoever kind of
nature arising directly or indirectly out
of such business, or resulting from the
carelessness, negligence, or improper
conduct of the Fixed Base Operator, or any
of its agents or employees.
19
dt Commercial General Liability. The Fixed
Base Operator will be required to provide
Commercial General Liability Insurance in
the amount of not le.s than $1,000,000
combined single limit, which shall apply
with respect to liability because of injury
to persons or destruction of aircraft or
aircraft parts, including the loss of use
of aircraft, which are the property of
others and are in the custody of the Fixed
Base Operator for storage, repair or
safekeeping in or on the airport.
At all times during the term of the lease
the limit of liability must be such that in
the event of a loss the Fixed Base Operator
will be completely insured with respect to
anyone accident. In accordance with
paragraph 5C, Indemnity.
e) Performance Bond. Prior to the Commence-
ment of any construction a Fixed Base
Operator will provide and deliver to the
Commission a Performance Bond in the amount
of the bUdget estimate for all construction
costs, which shall be conditioned upon the
.full and faithful performance by the Fixed
Base Operator of all duties, responsibili-
ties and obligations to design and con-
struct all building,. hangar and/or associ-
ated facilities herein required.
20
6. ~ In addition to land ren~al and other fees
established during lease negotiations, the
commission may, from time to time, establish
other fees such aSI
at
Fuel Flowage Fees. If Monroe County so
elects to establish a fuel flowage tee, the
Fixed Base Operator will pay the county the
fee for aircraft fuel pumped into aircraft
for any purpose, except for that fuel
pumped into aircraft exempt from fuel
flowage fees pursuant to agreement with
Monroe County, the terms to be finalized at
the time of establishment.
Airport Usage Fee. Monroe County may also
elect to establish an airport usage fee.
In that event, the Fixed Base Operator will
be required to pay the fee based on a
percentage of the Gross Receipts (hereinaf-
ter defined) received by the Fixed Base
Operator from all commercial operations
conducted on, in or from the leased premis-
es, the terms to be finalized at the time
of lease negotiations.
(1) Gross Receipts. The term -Gross
Receipts- shall consist of all revenue
received or realized by or accruing to
the Fixed Base Operator from all
sales, for cash or credit, of servic-
es, products or other merchandise made
pursuant to the privileges authorized
by its agreement with the county,
"
b)
21
excluding revenue derived from the
.ale of aircraft fuels. All revenues
shall be deemed to be received at the
time of the determination of the
amount due the Fixed Base Operator for
each transaction, whether for cash or
credit, and not at the time of billing
payment. Any taxes imposed by law
which are separately stated and paid
for by the customer, and which are
directly payable to the taxing author-
ity by the Fixed Base Operator, shall
be excluded from the receipts of the
Fixed Base Operator for the computa-
tion of the percent_ge assessment.
7. Term of Lease. The lease term that will be
granted to a Fixed Base Operator meeting all of
the standards for providing primary Services
hereinbefore set forth will be for a period of
five (5) years with an option to renew for one
(1) additional five (5) year period, subject to
renegotiations of fees and charges in addition
thereto. The contract amount agreed to herein
may be adjusted annually in accordancewith the
percentage change in the Consumer Price Index
(CPI) for Wage Earners and Clerical Workers in
the Miami, Florida area index, and shall be
based upon the annual average CPI computation
from January 1 through December 31 of the
previous year. A Fixed Base Operator providing
Seoondary Service will be allowed the option to
22
.'
renew for two additional five '(5) year periods,
also subject to the renegotiation of fee. and
charges in addition thereto.
VI. Partial or Individual Aeronautical Services
In the event a person desires to establish a businees
on a Monroe County Airport which includes only a part
of the elements of primary and/or secondary
commercial aeronautical support services, excluding
sale of aviation fuel, as herein before defined, such
person, will be required to negotiate a lea.. with
.
the Commission upon terms, conditions, and standards
necessary for the protection of the public health,
welfare, and safety. In order to provide partial or
individual aeronautical .ervices, it will be
necessary to meet the minimum requirements listed
under the specific category as described below. In
addition to the providers of individual services, all
Fixed Base Operators providing the.e service. must
also meet the minimum requirements.
A. Fliqht Instruction and Aircraft Rental Services.
A provider in this category is authorized to
carry on flight and ground school instruction and
to rent aircraft. The following i. required;
1. Personnel and Certifications. Have available
on a full,time ~mployment basis a minimum of
one (1) pilot appropriately rated, and with
all applicable and current Federal Aviation
Administration Instructor Pilot and Federal
Aviation Administration approved Medical
Certificates and pos8ess all the required
Federal Aviation Administration approvals for
23
. "
ground school curriculum.
2. Aircraft and Equipment. Provide and at all
times maintain, in accordance with FAA require-
ments, a minimum of one (1) aircraft owned or
leased by and under the exclusive control of the
Provider, which is properly equipped as required
by the FAA regulations and is certified for
flight instruction and rental.
3. Facilities. Construct in a location directed
by the Commission or lease from the Commission
for his exclusive use, a minimum of 500 square
feet of classroom and/or office space, to include
restrooms, unless same are provided under other
categories in a multi-category service. Design
and construction plans must meet the Detailed
Requirements described in V.D(3) (dt, (e), (ft
and (g.).
4. Obligations and Responsibilities. Obligation
and responsibility for determining that personnel
operating rental aircraft obtained from the
Provider have appropriate and current FAA Pilot
licenses, ratings, approved Medical Certificates,
and are capable of operating the aircraft to be
rented or leased, and knowledgeable of all
applicable airport rules.
5. Insurance. Furnish required insurance as
described in Section V.D.(S) (a), (b), (c), (d)
and (e).
B. Non-Scheduled Aircraft Charter, Air Taxi and Sight-
seeing Services. A Provider in this category is
authorized to operate a non-scheduled charter service
"
24
I
and non-scheduled air taxi service. Copies of all
applicable certificates required ot the .Provider by
the FAA shall be provided to the Collllllission. In
addition, the Provider shall meet the following
minimum requirements I
1. Personnel and Certifications. Have available on
a full-time employment basis a minimum of one or
two FAA certified pilots with current commercial
and instrument ratings and appropriate and
current FAA approved Medical Certificates as
crew for his aircraft. The number depends on
the type of aircraft used.
2.
Aircraft and Equipment.
Provide and at all
times maintain a currently certified and contin-
uously airworthy aircraft owned or leased by the
under the exclusive control of the Provider,
properly certificated and equipped for air
charter or air taxi service as required by
current 'FAA regulations.
3. Facilities. Construct a building in a location
directed by the Commission or lease from the
Commission for his exclusive use, a minimum of
500 square feet in a building to provide for
waiting and checking in of passengers, handling
of luggage, restroom facilities and pUblic
telephone, (unles8 re8trooma and telephone are
provided
under
other
categories
in
a
multi-category proposal), plus mU8t provide
satisfactory parking and ground transportation.
Design and
constructions plans
for" such
25
C.
facUi ties must meet the Detailed Requirements
described in V.D. (3) (dl, (e), (l) and (g).
Insurance. Furnish required insurance as
described in Section V.D. (5) (a), (b), (c), Cd)
and (e).
Aircraft Sales. A Provider in this category is
authorized to conduct an aircraft sales operation.
In this category, the Provider shall meet the follow-
ing minimum requirements:
1. Sales or Distributorship Franchise
Have a sales or distributorship
"
4.
Agreement.
franchise
agreement from an aircraft manufacturer or a
substi tute arrangement satisfactory to the
Commission.
2. Personnel, Certifications and Hours of Opera-
~ Have available during normal working
hours of 0800 to 1800. FAA certificated and
currently airworthy aircraft for sale and
demonstration, with a minimum of one (1) fully
qualified demonstrator pilot employed with
current and appropriate FAA pilot ratings and
FAA approved medical certificates.
3. Customer and Warranty Services. Provider must
be able to offer customer and warranty services
for any new 'aircraft purchased as a part of the
sales or distributorship franchise agreement
with the manufacturer.
4. Facilities. Construct where directed by the
Commission, or lease from the Commission, for
his exclusive use, a minimum of 500 square feet
of office space to include restroom facilities.
26
. "
The design and construction' plans for this
building must meet the Detailed Requirements
described in Section V. D. (3) (d), (e), (f) and
(g) .
5. Insurance. Furnish required insurance as
described in Section V.D. (5) (a), (b), (c), (d)
and (e).
D. Aircraft, Engine, Propeller, and Accessory Mainte-
~ Services. A Provider in this category is
authorized to operate an aircraft, engine, propeller,
and accessory maintenance and overhaul faCility. The
following services are to be provideda
1. Equipment, Personnel and Certifications.
Furnish . facili ties and equipment for airframe
and power plant repairs, and employ sufficient
qualified and certified A , P mechanica and such
other personnel to adequately aerve the flying
public. Depending upon level (i.e. Individual,
primary, or Secondary) such airframea and power
plant repair shall include facilities for both
major and minor repair of aircraft airframes and
power plants used in general aviation in Monroe
County.
2. Additional Services. If required, demonstrate
the ability' to and assume responsibility for
promptly removing from the public landing area
as soon as permitted by cognizant FAA and Civil
Aeronautical Board Authorities, any disabled
aircraft upon request by the aircraft owner or
the Director of Airports.
27
Facilities Required by prima~y and Secondary
Services Fixed Base Operators. For primary and
secondary service Fixed Base Operator., con-
struct in a location directed by the Commission
or lease from the Commission for his exclusive
use a minilllWD of 4800 square feet of hanqar
space, and a minimum of 1000 square feet of
office, shop and storaqe space, plus sufficient
ramp space adjacent to the hanger for aircraft
parking. Desiqn and construction must meet the
Detailed Requirements described in Section V.D.
(3) (d), (e), (f) and (g).
Facilities Required by Individual Providers.
Individual providers of these services must
construct or lease in a location directed by the
Commission for his exclusive use 3000 square
feet of hangar space, and a minimum of 300
square feet of office, shop and storage space,
plus sufficient tiedown space in proximity of
the hangar for aircraft parking. Desiqn and
construction must meet the Detailed Requirements
described in Section V.D. (3) (d), (e), (f) and
(9) .
5. Insurance. Furnish required insurance as
described in. Section V.D. (5) (a), (b), (c), (d)
and (e).
E. Avionics and Instrument Repair Service. A Provider
in this category is authorized to operate a avionics
and instrument repair station. The following minimum
services shall be providedr
, .
3.
"
4.
28
. "
.' 1. Construct in a location directed by the COD\lllis-
sion or lease from the Commission for his
exclusive use a minimum of 500 square feet of
shop and storage space, and, if available,
sufficient ramp space adjacent to the facility
for the parkinq of aircraft and/or storage and
aircraft being worked on. Otherwise, provider
must make satisfactory arrangements, acceptable
to the Commission, for access to and/or storage
of aircraft being worked on. Desigo and con-
struction plans to be completed by the Provider
shall meet the Detailed Requirements described
in Section V.D. (3) (d), (el, (fl and (g).
2. Have available on a normal full-time basis FAA
certificated technicians in the field of air-
craft electronics and aircraft instruments
repair. with proper Federal Communications
Commission license to conduct complete aircraft
transmitter, receiver and antennae repair.
F. Other Commercial Aeronautical Activities. All
commercial activities not covered by the foregoing,
shall be subject to specific agreements and approval
by the Commission. Prior to the consideration by the
Commission of such activities, a letter of applica-
tion, explaininq in detail the nature of the opera-
tion shall be submitted to the Airport Director by
the prospective tenant who Ihall determine the
requirements for such activities and notify the
prospective tenant thereof. The Commission may
designate the location and size of areas in which any
commercial activities may be carried on and the
.,
29
. "
VII.
VIII.
IX.
commission may enter into a lease or agreement with
such applicant authorizing and permitting him to
function on the airport. No such commercial activity
shall be started or conducted without written permis-
sion from the Commission.
Background Investigation
All persons desiring to establish a business at a Monroe
County Airport will be subject to the investigation of
their aviation experience, financial ability, credit
rating and other conditions usually used in good business
practice to determine a personts ability to perform and
~ulfill the requirements of a contract of lease.
Right to Modify
The Commission reserves the right to modify these
standards from time to time as may be required for the
benefit of the general public and for proper and
efficient operation of the airport.
Precedence
In the event of any conflict between the terms of these
minimum standards and the provisions of any lease, the
provisions of the lease shall be controlling.
30
,',"'.
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EXHIBIT '0'
ENVIRONMENTAL AUDIT
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KEYS (305) 294-1238
FAX (~) 294-2164
Mw. (305) 661~
FAX (305) 668-4658
E.w.R.: b8n8tIOtigneLIIBI
September 30, 1997
Wayne Smith, Attorney at Law
Morgan and Hendrick, P.A.
317 Whitehead Street
Key West, FL 33040
Subject: Limited Scope Phase 1 Environmental Audit
Flight DepartmentlJet Center property
Marathon Airport
Dear Mr. Smith:
We are pleased to provide herewith the Phase 1 Environmental Audit prepared by SW staWfor the above-
referenced property.
It has been a pleasure assisting you and Monroe ~ in preparation of this report. Should you have any .
questions, or if you require further assistance, please feel free to contact us.
Sincerely,
SANDRA WALTERS, CONSULTANT
~~~
Sandra Walters
Enclosed: Three copies of the above--referenced Phase 1 audit, with figures and attachments
6OOWHrreSTREET. SUITES, KEvWesr, FL 33040
4530 SW68COURT CIRCLE, SUITE 6, MIAMI, Fl 33155
TABLE OF CONTENTS
Seetion
Description
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
Introduction
Land Use
Geology and Hydrology
Soil Classification
Drainage
Wastewater Disposal
Environmental Concerns
Recommendations
Conclusions
Consuhant Qualifications
LIST OF FIGURES
Number
Description
1
2
3
4
Site Vicinity Map
Aerial of Flight Department Property
Close Up Aerial of Eastern Site
Close Up Aerial of Western Site
ATTACHMENTS
Number
Description
A
B
C
Photographs
December 1996 DEP Inspection Report
Definition ofEnviromnental Risk Categories
Paee No.
I
2
3
4
4
4
5
8
9
10
After Paee
1
2
2
2
No. Paees
8
2
1
1.0 INTRODUCTION
This environmental audit was commissioned by Wayne Smith, Attorney at Law with the firm of
Morgan & Hendrick, P.A. acting in the capacity of Monroe County Attorney, for the buyout by
Monroe County of the lease for the subject property held by the Flight Department/Jet Center,
Inc.
The general location of the subject property is depicted in the Site Vicinity Map, Figure 1. Field
investigation, data collection and data assessment were conducted by staff of Sandra Walters,
Consultant (SW).
Due to the tight time frame within which this Phase 1 Environmental Audit must be completed, it
is limited in scope to the actual property in question, with no review of adjoining property except
for areas of concern obviously visible from field examination of the subject property. In addition.
the client, Monroe County, is the owner of the subject property and is fully cognizant of its
history, in regard to present and past leaseholders, construction dates of structures, etc.
Therefore, this audit will focus on an inventory of the existing environmental assets and potential
liabilities at the project site, to determine and document compliance with environmental
regulations. This environmental audit was produced through the completion of the following
tasks:
· Review of available historical data and historical aerial photographs.
· On-site visual survey of the property conducted by SW staff on September 25, 1997.
· Review of available technical data and environmental permits pertaining to the subject site.
· Visual review from the subject property of immediately adjacent properties to define property
land usage and to identifY possible environmental impact(s) to the subject property.
· Review of available technical data and environmental permits pertaining to adjacent
properties, if obvious potential problems are noted from visual review.
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This Phase I Environmental Audit relied upon a visual inspection of the property and a review of
information and records supplied to SW by the present leaseholder and pertinent government
agencies. SW can make no assessments and/or recommendations regarding potential
environmental violations or problems beyond the information provided as background material.
This Phase I Environment Audit does not include the collection and/or analysis of groundwater or
soil. Verification an4 quantification of suspected contamination cannot occur without field testing
and analysis included under the auspices of a Phase II Environmental Audit. A suggested scope
of work for field testing and analysis are included in section 8.0 of this report.
This audit includes a review of environmental issues exclusively, and therefore does not include a
review of any building codes, zoning regulations or restrictive covenants.
2.0 LAND USE
The following discussion of the subject property's existing land use and that of adjacent properties
is based upon a site visit conducted by SW staff on September 25, 1997, and interviews with the
following employees of the Flight Department/Jet Center, the present leaseholder of the
property- Mr. Efrain Martinez, flight line service technican, and Assistant Manager Rita Seaver.
The Flight Department/Jet Center consists of two parcels at the Marathon Airport (see Figure
2)-the offices, general aviation terminal with related services and parking, and tank farm are to
the east of the main airport tenninal (see Figure 3); and the maintenance and training center are to
the south (see Figure 4). The parcels extend from a chain link fence along US Highway 1 on the
south to close to the edge of the southern taxiway on the north.
Structures on the property, from east to west, include the following:
· The Flight Department/Jet Center General Aviation Terminal
· A line operations office.
· A small shed just east of the tank farm.
2
· The tank fann, contained within a concrete waU.
· The maintenance and training center building.
. ,
,', 1
The Flight Department/Jet Center building (see Photograph #1) receives the most visitation by the
general public, as it contains the personnel and facilities for general aviation services. Repair
services are provided through large hangar doors facing north (see Photograph #2). An
automobile parking area is located immediately to the east, and the small (approximately 20 feet X
20 feet) line operations building is just to the north of this lot.
The tank farm (see Photograph #3) contains, from east to west (right to left in photo), a 7,500
gallon tank containing Jet A fuel; a 12,000 gallon tank also containing Jet A fuel; and a second
12,000 gallon tank containing A VGAS, which is aviation grade gasoline. The tanks are mounted
on cement stands which sit on cement bases, and are contained by a cement wall. The pipe and
valve system for discharging from the tanks extends to the south of the tanks, serving a cement
slab on which fueling trucks are filled that carry fuel directly to airplanes on the tarmac (see
Photograph #4). The tarmac to the east, north, and west of the tank farm contains tie downs for
parking small, general aviation aircraft.
The maintenance and training center building is a large, open hangar where airplane repair and
instruction in airplane mechanics takes place (see Photograph #5). Automobile parking is to the
east of the building, and tie downs for airplanes are on the tarmac to the west.
3.0 GEOLOGY AND HYDROLOGY
The underlying geological structure of the Marathon area consists of about 175 feet of Key Largo
Coralline Limestone, which is composed of large masses of coral and cavities, mixed with
conglomerate Key Largo Calcarenite and Calcilutite. The cavities in this formation produce such
high porosity that freshwater lenses do not fonn, so the groundwater is basicaUy saline and varies
in depth below the ground surface with the tides. This is underlain by fossiliferous limestone
formations of marine origin, to about 2,000 feet.
3
The surface soils of most of the Marathon area have been altered significantly by construction
activities. and the layer overlying the bedrock is com,,?sed mostly of unconsolidated material of
I
unknown origin.
Potable water for all the Florida Keys is supplied from wells in Dade County, so there are no
weUfield protection zones in the Keys.
4.0 SOIL CLASSIFICA nON
The soils of Marathon and at the subject property are classified as Urban Land by the US
Department of Agriculture, Natural Resources Conservation Service. These types of soils are
characterized as having been heavily reworked to the extent that the native soil profile bas been
destroyed. The soils used for coastal filling were generally dredged from nearby waters. The
soils at the subject property have a high rate of permeability, typical of both the natural and
altered areas of Marathon.
5.0 DRAINAGE
Impervious surfaces on the site mostly drain to neighboring vegetated areas. Exceptions to this
include a trench drain to the north of the general aviation hangar, which leads to a french
drainlexfihration gallery; and catch basins to the east and west of the maintenance and training
building, which lead to an exfiltration system. The actual locations of these systems was not
determined, as they were not apparent to visual inspection and were not shown on
preconstruction drawings available from the Ieasee.
6.0 W ASTEW A TER DISPOSAL
Wastewater disposal for the structures onsite is provided by septic tanks and drainfields. Site
personnel report the wastewater system for the Flight Department/Jet Center is located to the
4
west of the building near the main entrance. The location of the system serving the maintenance
and training building was not detennined.
7.0 ENVIRONMENTAL CONCERNS
7.1 Tank Farm Area
· Florida Department ofEnviromnental Protection (DEP) records indicated that a routine
inspection on December 4. 1996 found pitting and corrosion on the Jet A tanks, and
cracking at the base of the containment wall (see Attachment B). At the time ofSW's
site inspection, these problems had been corrected. as the tanks had been repainted and
the cracks were filled (see photograph #s 3 and 6).
· The same DEP report (Attachment B) noted that drains from the containment area
should be secured. SW's site inspection found these drains still open.
· Runoff from the concrete slab where fueling trucks are filled from the tank farm is not
contained or treated, but sheet flows to an adjacent grassy area (see Photograph #4).
The soil which receives this nmofl: directly next to the chain link fence along the
southern border of the property, was very discolored and smelled strongly of petroleum
on SW's site inspection. Personnel at the site claimed the distressed vegetation was due
to weed control spraying.
· The small aluminum building directly east of the secondary containment area of the tank
fimn (visible in far upper right of Photograph #3) is used for visual inspection of each
fuel truck's load prior to dispensing to aircraft. The removed fuel is placed in 5 gallon
drums (see lower left of Photograph #7) which are then secondarily contained in plastic
trays. l1te shed has a plywood floor with evidence of some discharges, and has only soil
beneath it.
5
7.2 The Flight Department/Jet Center Building
· The waste oil and waste coolant area for this building is located behind the northwest
comer of the hangar building (see Photograph #8). The drums were appropriately
labeled with "EMC Oil Corp." and "Waste Coolant Only." The waste oil tank appeared
to be empty at the time of the field inspection. The waste coolant did not have
secondary contaimnent. Ms. Rita Seaver indicated that EMC handles these waste
materials for the Flight Department/Jet Center, and disposal manifests were available for
inspection.
· A minor surfuce discoloration was visible at the south end of the waste oil tank (see
Photograph #9). The asphalt is not continuous to the building slab so some of this
material may have impacted the soil in this area.
· A sink located in the southeast comer of the hangar building was heavily stained (see
Photograph # 1 0), and had a rubber drain which emptied directly onto the grass and
pavement outside, about 3 feet from the waste oil tank. Discharge from this sink may
have contributed to the surface discoloration at the comer ofthe tank.
· A trench drain connected to a french drainlexfiltration gallery collects runoff from a
paved area used for washing aircraft located directly north of the general aviation hangar
doors (see Photograph #11, trench drain is fine line parallel to doors). The stained area
in front of the trench drain in the photo was caused by a 5-7 gallon AVGAS spill about
two months ago, according to site personnel. This fuel entered the trench drain system.
7.3 Central Aircraft Parking Area
A 20 gallon Jet A fuel spill occurred in this area in the fiill of 1996, according to site
personnel (see Photograph #12). They reported that fuel did not reach the edge of the
asphalt until the Fire Department responding to the spill hosed the fuel to the grass area
6
immediately next to the fence. The grass at the asphalt edge is not appear distressed,
probably because of the time elapsed since the spill.
7.4 Maintenance & Training Center
· Catch basins to the east (photograph #13) and west (photograph #14) of the hangar
building had a visible sheen of oil on the water surfilce, and staining around the
structures indicates that liquids other than water may have entered. Photograph #14
also shows the waste oil tank: in the upper right.
· There was waste oil on the cement and entering the adjacent grassed area around the
waste oil tank at the northeast comer of the hangar building (see Photograph #15). The
tank: and drums had EMC Oil Corp. labels.
· The cement area to the north of the hangar building is used for washing aircraft, and the
wash water runs into the grass to the north, which is discolored gray from chronic
oil/grease content of the wash water.
8.0 RECOMMENDATIONS
8.1 Tank Farm Area
· Soil and groundwater samples for the area shown in Photograph #4, which receives
runoff from the cement slab where fuel trucks are filled, should be taken and analyzed.
In addition, this area should be contained so that runoff can be collected and treated if
spills occur.
· The valves in the contaimnent walls 5Urr01mdillg the fuel tanks should be closed and
locked out to prevent unauthorized opening, or the valve handles should be removed
and stored in a secure area.
7
. The soil under the plywood flooring (photograph #7) of the small aluminum fuel testing
shed just east of the tank farm should be sampled and tested.
8.2 The Flight Department/Jet Center
. Secondary containment should be provided for the waste coolant drums at the northeast
comer of the hangar building (photograph #8).
· The ground area at the comer of the waste oil tank shown in Photograph #9 should be
cleaned and materials properly disposed of.
· The sink and drain in Photograph #10 should be removed. This discharge area can be
addressed at the same time as the ground area in Photograph #9.
· The location of the french drainlexfiltration chamber associated with the trench drain
shown in Photograph # 11 should be determined. A containment assessment of this
structure should be designed to delineate the degree and extent of potential discharges
to this system and the impact on the soil and groundwater.
· Aircraft washing should be confined to a properly designed area which would contain
the wash waters pending proper disposal or recycling.
8.3 Central Aircraft Parking Area
A contamination assessment of the fuel infiItration area shown in Photograph #12 should be
performed to determine the impact on the soil and groundwater in the area.
8
8.4 Maintenance & Training Center
· The catch basins on the east and west sides of the building (Photograph #s 13 and 14)
should be pumped and decontaminated (steam/pressure wash). The exfiltration area for
these structmes should be located and assessed to determine the impact these potential
discharges may have bad on the soil and groundwater.
· The waste oil tank spill area visible in Photograph #15 should be assessed (soil and
groundwater), remdiated (excavation/T&D), and restored. This area has the most highly
visible non-compliance observed on the site.
· Aircraft washing should be confined to a properly designed area which would contain
the wash waters pending proper disposal or recycling. Soil samples in the area turned
gray from repeated exposure should be taken and analyzed for contamination.
· The septic tank and drainfield system for this building should be located and the area
sampled for potential contamination, as the staining around the catch basins and overall
appearance indicate that maintenance procedures are not as stringent in this building as
at the Flight Department/Jet Center, so the wastewater treatment system might have
been affected.
9.0 CONCLUSIONS
In general, the site is well maintained, and shows substantially fewer signs of potential
contamination than do many general aviation facilities elsewhere is South Florida. With the
exception of the waste oil tank: overfill, all of the others areas of concern appear to have been
accidental discharges.
Our evaluation finds the subject property to be classified in the medium environmental risk
category (please see ~A.'Iif[ ./;;, definition of environmental risk categories). A sampling and
~C
9
testing program conducted on the site is recommended to assess degree and extent of
contamination and to define remediation measures.
10.0 CONSULTANT QUALIFICATIONS
Sandra Walters, Consultant is an environmental and land use consulting firm serving clients in the
United States and Canbbean, with primary focus on the Southeast and Florida. Our capabilities
include environmental, public &cilities, and land use site assessments, planning and pennitting;
public involvement/public infonnation services; and policy analysis and legislative support.
Associates of the firm have participated in Phase I assessments of more than 160 sites located
throughout the country in the last four years.
10
ATTACHMENT A
.
lIIIIII(
PHOTOGRAPH #1: Entrance to Flight Department/Jet Center building, to east ofmain
terminal at Marathon Airport.
PHOTOGRAPH #2: Large, north facing hangar doors of Flight Department/Jet Center
building.
PHOTOGRAPH #3: Tank farm east of Flight Department/Jet Center building. Note sec-
ondary containment wall and piping system to fill fuel trucks,
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PHOTOGRAPH #4: Cement slab where fuel trucks are filled. Note contaminated soil next
to fence on right.
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PHOTOGRAPH #5: Above is the
maintenance and training center buiki-
ing. to west of main tenninal at Mara-
thon Airport.
PHOTOGRAPH #6: To left is the ce-
ment floor ofthe fuel farm secondary
contaUunent area showing repair of
cracks noted in DEP inspection re-
port.
PHOTOGRAPH #7: To left is inte-
rior of small aluminum fuel testing shed
east of tank farm. Note secondary
containment of 5 gallon drums in lower
left, and fuel stains on plywood floor.
PHOTOGRAPH #8: Below is waste
oil and waste coolant area at north-
east corner of Flight Department/Jet
Center building. Note no secondary
cont:ainrrm.t.
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PHOTOGRAPH #9: To left, mi-
nor surfilce discoloration at south end
of waste oil tank.
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PHOTOGRAPH #10: To right, sink
inside Flight Department/Jet Center
hangar at northeast waD near waste
oil tank. Note black rubber drain
which empties onto cement and grass
about three feet from waste oil tank.
5
PHOTOGRAPH # t t: Trench drain north of general aviation hangar which receives runo fr
from washing planes, and also received recent AVGAS spill.
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PHOTOGRAPH # t 2: Dark stain in central aircraft parking area at Flight Department! Jet
Center is location of20 gallon Jet A fuel spill in fall of 1996. Fuel was washed by Fire
Department into grass area by the fence at top of photo.
6
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PHOTOGRAPH #13: Drainage
catch basins to east of maintenance
and training center building. Note
staining around structures indicating
contaminants may have entered.
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PHOTOGRAPH #14: To right,
drainage catch basim to west of main-
tenance and training building. All
catch basins had visible sheen of oil
on water inside.
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PHOTOGRAPH # 15: Waste oil spilled around base and entering grass next to waste oil
tank near northeast comer of maintenance and training building.
8
ST~':; TE ,iUF ~:Llj~~,: Uti ATTACHMENT 8
DEF'?'tF:.~. .....=rH m::- 't:;j\J',i I RIJI'll'lE~.JTAL. rr-:OTE' . I lJ!J
POLLUTl:;"'T ,.6TOf;'AGE T{~NV S','STEt.,
INSPECTION AfrQRT FORM - COVER PAGE PAGE: 1 OF 2
pr:: I l'lTEC': 12 ;"0:+ .iI..?,
r' ;:.c r L r Tv' T [0 n: 4l. 851 1990;) .
~K I L I TY !'lANE: FL I GHT DEF'ART~IENT
.~,c I L I TY l.DC;, T J ON: 9850 OVERSEAS HW'l ~ r1APA THON
F-tIC!I_! n' CONTACT: THE FL I GHT DEPfiRTt'1EI'IT
'~'.JNE;::: : FL I GHT DEPAF:TMENT
~NER ADDRESS: MARATHON AIRPORT~ MARATHON, FL,
u,,'NER CONTACT: A F m.JENS.
! ,",TITUDE:2i.t-43-38 LO'NGITUDE: 8 1'-(12-49
,:,'31 ust COMPL.: I AI'ICF D':\ TE : 1)1:' /1);) ,..,)(;
JNTAMI~~TION D~TA AVAILABLE: NONE
COIJI\lT".': 1101..sj::OE
PHONE: (305) 743-4222
PHOI'JE: (3')5', 743-,4222
33(t~(I-')(li)')
OWNER CH~NGE DATE: 07/01/85
FAC Type: NON-RETAIL BUSINESS
LAST AST COMPLIANCE DATE:02/21 IQ
INSTALL UNDER OF: TANL '[ NTEGFI4L !"ION I TOF: I tlG Thr-I
t\I'lt:: ~' SI=E CONTENT DATE r",SOVE TYF'E PIPING SYSTEI1 ST.c:
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SITE INFORMATION (ALL THAT APPL;~
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rr"Sf'E':CTlJ~~ (r'prNT'~~,!i.~_~_~_~'-!!__ CONTACT N..";11E ~F'F:IN'Tj i1,E:71'r<_~_CHa4..f
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JAN 2 7 1997
O.E.P. Marathon
\
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SI~r~ OF FLOF!G~
DEF"M\..IEIH DF 'P,IVIRONI'IEtlTAL PF:OT; nON
F'OLLU-rAtIT STOF:Af.3E TAr-IV SYSTEt.!
I t."3PEC T I 01,1 EEr-'ORT F~Or-:I'l -, COIJEt~~ F;:',GE.
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r~CILITY N~ME: FLIGHT DEPARTMENT
,:;~c r L I TV LOC~; T I ON: 985(' OVERSEAS HWY" 11?'IRA THON
-'Ie r L I TY CONTACT: THE FL 1 GHT DEP;;PTI"IEI'IT
COIJ",n:: 110NROE
PHONE: ~3l)5) '7-+3-...222
COMt1ENTS:
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RECEIVED
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JAN 2 7 1997
n. E.P. Marathon
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i::
ATTACHMENT C
DEFINITION OF ENVIRONMENTAL RISK CATEGORIES
1. NOMINAL - An enviromnental concern is noted on the subject property or nearby area
but is considered to have little or no potential of causing soil or groundwater
contamination on the subject property.
2. LOW - A nearby facility has storage tanks or is known to deal with hazardous materials.
The potential for causing contamination that would affect the subject property exists but is
not considered likely. This rating also applies to environmental concerns on the subject
property that have a low potential to cause soil or groundwater contamination.
3. MEDIUM - This rating applies to an enviromnental concern on or adjacent to the subject
property that, if left unattended, is considered to have a strong potential to cause soil or
groundwater contamination on the subject property over the long term even though it
does not appear to be an immediate problem.
4. HIGH - An enviromnental concern has been noted on the subject property or on an
adjacent property which raises sufficient questions about the potential for contamination to
warrant further assessments. This rating also applies to the presence of unassessed or
unregulated underground storage tanks on or adjacent to the subject property.
EXHIBIT 'E'
INSURANCE
1996 Edilion
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport! Aircraft Activities
"
Prior to occupying the property and commencing operations, the FBO shall obtain, at hislher
own expense, insurance as specified in the attached schedules, which are made part of this
contract. The FBO will ensure that the insurance obtained will extend protection to all
Contractors engaged by the FBO.
The FBO will not be permitted to commence operations (including pre-staging of personnel and
material) until satisfactory evidence of the required insurance has been furnished to the County
as specified below.
The FaO 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 FBO and its Contractors
until the required insurance has been reinstated or replaced.
The FBO shall provide, to the County, as satisfactory evidence of the required insurance, either:
. Certificate oflnsurance
or
· A Certified copy ofthe 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 FBO's insurance shall not be construed as relieving the
FBO 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.
Modified by Risk Management 2/5/98
Administration Instruction
#47()l),2
24
1996 Edilion
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
Prior to the commencement of operations governed by this contract, the FBO shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the FBD shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$l,OOOsOOO Bodily Injury by Diseases policy limits
$lsOOO,OOO Bodily Injury by Diseases 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.
Modified by Risk Management 2/5/98
Administration Instruction
114709.2
90
1996 Edition
AIRPORT LIABILITY
AND
HANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
Recognizing that the work governed by this contract involves the repair, servicing, maintenance,
fueling, or storage of aircraft, the FBO 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.
The FBO shall also purchase Non-owned Aircraft Liability Insurance with minimum limits of
$5,000,000 per occurrence.
Modified by Risk Management 2/5/98
Administration Instruction
114709,2
65
1996 Edition
VEmCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
Recognizing that the work governed by this contract requires the use of vehicles, the FBO, prior
to the commencement of operations, 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)
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Modified by Risk Management 2/5/98
Administration Inslruction
1/4709,2
83
1996 Edition
ALL RISK PROPERTY
INSURANCE REQIDREMENTS
FOR
LEASESIRENT ALS OF
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
'~
Prior to the FBO taking possession of the property governed by this agreement, the FBO 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 Agreement 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.
Modified by Risk Managment 2/5/98
Administration Instruction
114709.2
29
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Exhibit B
LEAse AMENDMENT
This Lease Amendment is entered into this
jqiJ. dayofJ>~r~~2001,
.
by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon Florida 33050
(hereafter County), and PARADISE AVIATION, INC., a corporation, whose address is 9850
Overseas Highway, Marathon, Florida 33050 (hereafter FBO).
WHEREAS, on April 6, 1998, the parties entered into a 20 year lease (the original lease)
whereby the FBO is to provide fixed base operations service at the Florida Keys Marathon
Airport (FKMAP). A copy of the original lease is attached as Exhibit A and made a part of this
amendment; and
WHEREAS, the County and the FBO desire to expand the FBO's premises to provide an
additional hangar and ramp area; now, therefore
In consideration of the mutual covenants and promises set forth below, the parties agree
as follows:
1.
a)
The County leases to the FBO a total of 37,800 square feet of real
property (25,800 square feet at .30 cents a square foot and 12,000 square feet at .11 cents a
square foot) described in Exhibit Al, hereafter the premises. Exhibit Al is attached to, and
made a part of, this lease amendment.
b) The premises may be used for the site of a county approved newly
constructed hangar, aircraft tie-downs and aviation activity only. The new hangar is to be built
at the sole cost and expense of the FBO. The improvements made by the FBO to premises
automatically become the property of the County upon the termination of this lease. However,
FDOT funds may become available for improvement construction. In that case, if FDOT funds
are used to construct the hangar then the FBO must provide a letter of credit in the amount
equal to their estimated share of the hangar and sign an Agreement with the County before any
public funds are provided. The County/FBO agreement will authorize payment to the County
from the letter of credit if the FBO fails to promptly pay its portion of the improvement
construction costs and any additional terms required for the use of FDOT Funds.
2. The term of this lease amendment begins on January 1,2002 and ends on April 5,
2018.
3. The rent for the premises is $755, plus tax, per month, payable upon certificate
of ramp completion and subject to increase in amount as provided in the original lease.
4. Except as specifically provided in this lease amendment, this lease amendment is
subject to the terms and conditions of the original lease all of which remain in full force and
effect.
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If the hangar is not constructed or has not received a certifica~~ oc9JpanCJl11
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within two years of the effective date, this amendment becomes void. g3J;" w ~
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ESS WHEREOF, each party has caused this Agreement to be-eX~ed:by i~
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5.
resentative the date first written above.
BOARD OF COUNlY COMMISSIONERS
OF MONROE CO 1Y, FLORIDA
By
ATTEST:
PARADISE AVIATION, INC.
By C~-~.r
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Jdairportparadise
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: Airports
Bulk Item: Yes --X No
Department: Florida Kevs Marathon Airport
Staff Contact PersonlPhone #: Reggie Paros/289-6060
AGENDA ITEM WORDING: Clarification ofExhibit(s) of the Thru-the-Fence Agreement with
Florida Keys Mosquito Control District
ITEM BACKGROUND: At the February 17,2010 meeting, the Board approved a Thru-the-Fence
Lease Agreement with Florida Keys Mosquito Control District. The Clerk's Office questioned the
perspicuity of the single exhibit to the agreement, which contained Exhibits A, Bland B2, all on one
page, Consequently, the County Attorney's Office has requested that the exhibit in question be revised
into two separate ones for clarification,
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: There are now two exhibits, each on a separate page:
Exhibit A, is the Florida Keys Mosquito Control District's property that adjoins the east property line
of the Florida Keys Marathon Airport, Composite Exhibit B, depicts B 1 which is an existing airport
ramp that the District is leasing and B2 which is presently unimproved airport property that the District
is leasing and on which it proposes to construct a new ramp, There are no other changes to the
agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $0,00
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH $346,14 Year $4,153,71
APPROVED BY: County Atty YES
OMBIPurchasing N/ A
Risk Management N/ A
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Florida Keys Mosquito Effective Date:Upon approval
Control District
Expiration Date:_
Contract Purpose/Description:Thru- The- Fence Lease Agreement - Marathon Airport property
(this will also require approval by FAA)
Contract Manager: Reggie Paros
(Name)
6002
(Ext. )
Marathon Airport/Stop 15
(Department)
for BOCC meeting on
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: Revenue- Current Year Portion: $
$9,564.50 per year
Account Codes: .-/;" ,) -~~:i_:Jit 31 - _-_
Budgeted? YesD No D
Grant: $
County Match: $_
- - -
-----
- - - -
-----
- -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
R~~k~ana~:~ \ Ll1(',
O.M,B./Pu~ciliing :iLL
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YesD NoD
//m
,/~T (-i\4~..;-
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Date Out
Changes
Date In Needed
Division Director i:.b~ to YesD No~
1-G,-ID
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County Attorney
YesD NoC8J Prepared by Pt:;dro Mercado
1 0/14/09
. ~~./ ".
Comments:
OMS Fonn Revised 9/1 ]/95 Mep #2
THRU- THE-FENCE LEASE AGREEMENT
BETWEEN MONROE COUNTY AND
THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT
THIS AGREEMENT, made and entered into this _ day of
2010, by and between MONROE COUNTY, a political subdivision of the State of Florida,
hereafter "LESSOR" or "COUNTY", whose address is Gato Building 1100 Simonton Street,
and FLORIDA KEYS MOSQUITO CONTROL DISTRCT, an independent special district,
whose address is 5224 College Road, Key West, FI. 33040 hereafter "LESSEE" or
"FKMCD" ,
WHEREAS, LESSOR owns the property known as the Florida Keys Marathon
Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport";
and,
WHEREAS, LESSEE formerly leased a parcel on Airport property upon which
LESSEE constructed a hangar, laboratory and administrative offices for Mosquito Control
operations; and
WHEREAS, LESSEE owns property adjacent to the Airport upon which LESSEE
has now competed construction of a hangar, laboratory, administrative offices and operations
area; and,
WHEREAS, LESSEE has ceased operations upon it former site on the airport and
has relinquished all rights, claim and legal title to the Airport facility; and
WHEREAS, LESSEE desires direct access onto the Airport for purposes of
FKMCD flight operations; and
WHEREAS, the FKMCD facility is a secure compound that can only be entered
through a security control and protection system; and
WHEREAS, LESSEE desires to obtain certain rights, services and privileges in
connection with said property, and the COUNTY is willing to grant and lease the same to
LESSEE, upon the terms and conditions hereinafter stated, now, therefore,
IN CONSIDERA TION of the premIses and of the mutual covenants and
agreements herein contained, and other valuable considerations, LESSOR does hereby grant
and lease unto LESSEE, and LESSEE does hereby lease from LESSOR, certain premises,
rights and privileges as follows, to wit:
WITNESSETH:
1. Premises. THE LESSOR leases unto said LESSEE the right of ingress and
egress, to and from the Marathon Airport, Marathon, Key Vaca, Monroe County, Florida,
Such ingress and egress shall be allowed only onto said Marathon Airport and only from
LESSEE's adjacent property and hangars as shown on Exhibit A (property map) attached and
incorporated as Exhibit "A", LESSEE leases from LESSOR a total of 25,850 square feet of
improved and unimproved ramp area as follow; 12,650 square feet of paved ramp area
adj acent to the LESSEE's property as shown on Exhibit "B 1" and an adj oining unimproved
13,200 square foot parcel as shown on exhibit "B2",
2. Term.
day of
The above-described rights of ingress and egress shall commence on
,2010, and terminate _,2015,
3. Rent. The LESSEE hereby covenants and agrees to pay the LESSOR an
initial base rent in the sum of $797,04 per month, or $9,564,50 per year, for the use of said
premises, The monthly rent is due and payable beginning on the first day of each month, All
rental payments are due at the Airports Business Office, 3491 S, Roosevelt Blvd" Key West,
FL 33040, Following the initial year of this lease, the annual rental sum will be adjusted each
year by a percent equal to the increase in the CPI for all urban consumers (CPI-U) above that
of the prior year or equal to the standard rates and charges as amended and approved
annually by the Monroe County Board of County Commissioners (whichever is lower), If
LESSEE elects to pay the rent in one annual installment, such yearly rent shall be payable, in
full, on or before June 1st of each year, LESSEE shall be entitled to receive a rent credit for
the estimated value of mosquito control services for each full year LESSEE provides
mosquito control services at the Florida Keys Marathon Airport, The credit shall be
calculated as follows: (present taxable value of the airport if the airport was not tax exempt) x
(the millage rate for mosquito control) = (estimated value of mosquito control services) The
estimated value of mosquito control services for the initial year is $5,410,79 ($14,246,419 x
0,00037898 = $5,410,79), leaving a balance due of $4,153,71 for the initial year's rent or
$346,14 per month,
4. Covenants. The LESSEE hereby covenants and agrees with the LESSOR as
follows;
A. The LESSEE shall have the right of access to the Marathon Airport through the
leasehold area from its operations area located off airport property,
B. That the said operations area shall be used only for purposes of carrying out the
functions of the Florida Keys Mosquito Control District.
C, That no commercial maintenance of aircraft, no commercial activities, nor any
other aviation business shall be conducted in the hangars or operations area by the LESSEE.
LESSEE'S hangars shall be utilized solely for housing and/or repairing FKMCD aircraft.
D, Fueling or servicing of aircraft on the leased premises must be in accordance
with the National Fire Protection Association (NFPA) Code 407,
E. To pay the LESSOR the rent at the times and in the manner provided for by this
lease,
F, To allow LESSOR, with reasonable notice gIven to LESSEE, to inspect
LESSEE'S premises described in Exhibit "A", for the purpose of ascertaining the
performance of the covenants herein,
G, To the extent permitted by Florida law, the LESSEE agrees to indemnify and
hold the LESSOR harmless from any liability by reasons of his use of airport property, To
the extent permitted by Florida Statute 768.28, the LESSOR agrees to indemnify and hold the
LESSEE harmless from any liability due to the actions of the LESSOR, its agents or assigns,
H. LESSEE agrees to maintain an insurance policy in a form acceptable to the
County, for general liability and property damage, Said policy shall afford general liability
and property damage protection in a minimum amount of Two Hundred Fifty Thousand
Dollars ($250,000,00) per occurrence,
I. If LESSEE is notified that this lease has been violated for failure to maintain said
adequate insurance coverage, upon notification, LESSEE shall immediately cause adequate
insurance coverage to be provided, as stated in paragraph H, herein, Notwithstanding
paragraph H, herein, LESSOR reserves the right to restrict all access to the airfield until it
receives proof that such adequate insurance has been provided,
1. LESSEE shall keep his access gate to the Airport locked except when in actual
use for ingress and egress to the Airport,
K. This lease shall be binding upon the parties thereto, their successors, personal
representatives, and assigns,
L. This lease shall be automatically cancelled should any condition of this lease be
violated and not corrected with ten (10) days of written notice of the violation, In the event
such violation is by a tenant of LESSEE, the commencing of diligent efforts to correct the
violation shall preclude automatic cancellation, It is intended that LESSEE shall immediately
commence litigation to correct any said violations if not so corrected within ten (10) days of
the aforesaid written notice,
M, The base rental fee amount (standard Marathon Airport rates and charges)
agreed to herein may be adjusted annually at LESSOR's option, in accordance with the
percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical
Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year or equal to the
standard rates and charges as amended and approved annually by the Monroe County Board
of County Commissioners (whichever is higher),
N, This lease is subject to approval by the Federal Aviation Administration,
0, This lease may not be assigned or subleased to new parties without the express
written consent of LESSOR and the approval of the FAA. Such approval shall not be
unreasonably withheld,
5. Leasehold Improvements and Use. LESSEE has the right during
the term hereof, at its own expense, to pave the unpaved portion of the leasehold,
LESSEE SHALL NOT PERFORM ANY OTHER LEASEHOLD IMPROVEMENT
WITHOUT THE WRITTEN APPROVAL OF THE AIRPORT MANAGER FOR THE
FLORIDA KEYS MARATHON AIRPORT,
LESSEE shall cause to be removed any and all liens of any nature arising out of
or because of any construction performed by LESSEE or any of its contractors or
subcontractors on the leased premises or because of the performance of any work or labor
upon or the furnishing of any materials for use at said premises, by or at the direction of
LES SEE.
6. Common Areas LESSEE shall have the right to use, in common
with others, the Airport space and facilities to permit landing, taking off, loading,
unloading and servicing of LESSEE'S aircraft, subject to reasonable rules and regulations
of the COUNTY as to the use of such common spaces and facilities,
7. Maintenance of Premises LESSEE shall be responsible for and shall
properly maintain the leased premises, and upon the termination of this lease, shall leave
the premises in at least as good condition as at the time of the commencement of this
lease, normal use and occupancy excepted, LESSEE is responsible for and shall properly
maintain the security fences and gates surrounding the leased premises and is also
responsible for properly securing any portion of the premises being remodeled or under
construction,
8. Inspection and Maintenance of Premises bv COUNTY The
COUNTY and its authorized officers, employees, agents, contractors, subcontractors and
other representatives shall have the right to enter upon the leased premises for the
following purposes:
a) to inspect the leased premIses at reasonable intervals during
regular business hours (or at any time in case of emergency) to determine whether
LESSEE has complied and is complying with the terms and conditions of this agreement
with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of
existing underground and overhead wires, pipes, drains, cables and conduits now located
on or across the leased premises, and to construct, maintain, repair, relocate, and remove
such facilities in the future as necessary to carry out the Master Plan of development of
the Airport; provided, however, that said work shall in no event unduly interfere with the
operations of LESSEE and, provided further, that the entire cost of such work, including
but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon the leased
premises by LESSEE, the COUNTY or third parties, as a result of the exercise by the
COUNTY of its rights hereunder, and all damage to such fixed improvements caused
thereby, shall be borne by the COUNTY.
9. Non-Waiver of Immunitv. Notwithstanding the provision of Sec, 768.28,
Florida Statutes, the participation of COUNTY and LESSEE 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,
10. Books. Records and Documents LESSEE 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.
11. Governin2: 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 LESSEE agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida,
The COUNY and LESSEE agree that, in the event of conflicting interpretations of
the terms or a term of this agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding,
12. Severabilitv 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 LESSEE 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,
13. Attornev's Fees and Costs The COUNTY and LESSEE agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings, Mediation proceedings initiated and conducted pursuant to this agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County,
14. Bindin2 Effect The terms, covenants, conditions, and provisions of
this agreement shall bind and inure to the benefit of the COUNTY and LESSEE and their
respective legal representatives, successors, and assigns,
15. Authoritv 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,
16. Claims for Federal or State Aid The COUNTY and LESSEE 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,
17. Adiudication of Disputes or Disa2reements The COUNTY and
LESSEE 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 thirty (30) days after the first meet and confer session, the
issue or issues shall be discussed at a public meeting of the Monroe County 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 by Florida law,
18. 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, the COUNTY and LESSEE 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. The COUNTY and LESSEE specifically agree that no party to this
agreement shall be required to enter into any arbitration proceedings related to this
agreement. A party who requests the other's party's participation in accordance with the
terms of this section shall pay all reasonable expenses incurred by the other party by
reason of such participation,
19. Nondiscrimination The COUNTY and LESSEE 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 LESSEE has discriminated
against any person, this agreement automatically terminates without any further action on
the part of any party, effective the date of the Court order. LESSEE 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
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 may be amended
from time to time, relating to nondiscrimination based of disability; 10) Secs, 13-101, et
seq" Monroe County Code, relating to discrimination based on race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identify 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.
20. Covenant of No Interest The COUNTY and LESSEE 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 the only interest
of each is to perform and receive benefits as recited in this agreement.
21. Code of Ethics The 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,
22. Public Access The COUNTY and LESSEE 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 LESSEE in conjunction with this
agreement; and the COUNTY shall have the right to unilaterally cancel this agreement
upon violation of this provision by LESSEE.
23. Privile2:es 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.
24. Le2:al Obli2:ations 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,
25. Non-Reliance bv 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 LESSEE agree that neither the COUNTY nor LESSEE
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.
26. Attestations LESSEE 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.
27. No Personal Liabilitv 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.
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,
29. Section Headim!: 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.
30. Default Unless the COUNTY has accepted a rental installment after
it has become due together with any applicable late payments and penalties, the failure to
pay rental installments when due shall constitute a default under the terms of this lease,
The failure to pay any other charges or fees when due under this lease shall constitute a
default. Further, the failure of LESSEE to perform any other of the covenants of this
lease, which failure shall continue for a period of ten (10) days, or for such longer period
of time as may be reasonably required to rectify said failure through the exercise of
prompt, diligent and continuous action, after notice thereof is given to LESSEE in writing
by the COUNTY, shall also constitute a default under the terms of this lease, In the event
of a default, the COUNTY may, at its option, declare the lease forfeited and may
immediately re-enter and take possession of the leased premises and this lease shall
terminate, If it shall be necessary to employ the services of an attorney in order to
enforce its right under this paragraph, or to collect any of its rentals, fees, or charges due,
the COUNTY shall be entitled to reasonable attorney's fees,
31. Termination of Convenience. Either party may cancel this lease
agreement by giving sixty (60) days advanced written notice,
32. FAA ReQuirements The parties shall comply with FAA
Required Lease Clauses, which are listed in Exhibit C, attached hereto and made a part
hereof.
33, AIRPORT SECURITY
a. General. The Federal Transportation Security Administration is the federal
agency primarily responsible for overseeing the security measures utilized by the airport
owner pursuant to the relevant provisions of Chapter 49, United States Code, and
regulations adopted under the authority of the Code, including but not limited to 49 CFR
1540, et seq, Violations of the statutes or regulations may result in severe civil monetary
penalties being assessed against the airport operator. It is the intent of the airport operator
that the burdens and consequences of any security violations imposed upon the airport
operator as a result of actions by an airport tenant or the airport tenant's employees,
agents, invitees, or licensees shall be borne by the airport tenant.
b. Airport Tenant Defined. An airport tenant means any person, entity,
organization, partnership, corporation, or other legal association that has an agreement
with the airport operator to conduct business on airport property, The term also includes
an airport tenant as defined in 49 CFR 1540,5, Each signatory to this agreement, other
than the airport operator, is an airport tenant.
c. Airport Operator Defined. As used in this agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees,
d. Airport Property Defined. Airport property shall mean the property owned or
leased by, or being lawfully used by, the airport operator for civil aviation and airport-
related purposes, For purposes of this agreement, airport property is the property
generally referred to as the Key West International Airport, the Florida Keys Marathon
Airport, or both as may be set forth in this agreement.
e. Inspection Authority. The airport tenant agrees to allow Transportation
Security Administration (TSA) authorized personnel, at any time or any place, to make
inspections or tests, including copying records, to determine compliance of the airport
operator or airport tenant with the applicable security requirements of Chapter 49, United
States Code, and 49 CFR 1540, et seq,
f. Airport Security Program. The airport tenant agrees to become familiar, to
the extent permitted by the airport operator, with the Airport Security Program
promulgated by the airport operator and approved by TSA, and also agrees to conform
its' operations and business activities to the requirements of the Airport Security
Program,
g. Tenant Security Program. If permitted under TSA regulations, the airport
tenant may voluntarily undertake to maintain an Airport Tenant Security Program as
referred to in 49 CFR 1542,113, If the airport tenant voluntarily promulgates an Airport
Tenant Security Program that is approved by TSA, such program, as may be amended
and approved from time to time, shall be automatically incorporated into this agreement.
h. Breach of Agreement. Should TSA determine that the airport tenant or one or
more of the airport tenant's employees, agents, invitees, or licensees has committed an
act or omitted to act as required, and such act or omission is a violation which results in
TSA imposing a civil penalty against the airport operator in accordance with TSA's
Enforcement Sanction Guidance Policy, such determination and imposition of a civil
penalty by TSA shall be considered a significant breach of this agreement.
(1) Minimum Violation. If the violation is the first or second violation attributed
to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying
to the airport operator the total costs incurred by the airport operator, including any fines
or penalties imposed, in investigating, defending, mitigating, compromising, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures, If the violation is a third violation, or
there are multiple violations in excess of two violations, that is or are a civil penalty
"minimum violation," the airport tenant shall pay to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and
costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to
unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar
days after receipt by the airport tenant of written notice of cancellation of this agreement
by the airport operator.
(2) Moderate Violation. If the violation is the first or second violation attributed
to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying
to the airport operator the total costs incurred by the airport operator, including any fines
or penalties imposed, in investigating, defending, compromising, mitigating, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport tenant may
cause all of airport tenant's employees involved in the airport tenant's business
operations on the airport property to undergo such security training as may be required by
the airport operator. The total cost of the training shall be paid for by the airport tenant. If
the violation is a third violation, or there are multiple violations in excess of two
violations, that is or are a civil penalty "moderate violation," the airport tenant shall pay
to the airport operator the total costs incurred by the airport operator, including any fines
or penalties imposed, in investigating, defending, compromising, mitigating, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport operator shall
have the right to unilaterally cancel this Agreement, such cancellation to be effective
thirty (30) calendar days after receipt by the airport tenant of written notice of
cancellation of this agreement by the airport operator.
(3) Maximum Violation. If the violation is the first violation attributed to the
airport tenant and is a civil penalty "maximum violation" as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying
to the airport operator the total costs incurred by the airport operator, including any fines
and penalties imposed, in investigating, defending, compromising, mitigating, or taking
of remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport tenant may
cause all of airport tenant's employees involved in the airport tenant's business
operations on the airport property to undergo such security training as may be required by
the airport operator. The total cost of the training shall be paid for by the airport tenant. If
the violation is a second violation, or there are multiple violations, that is or are a civil
penalty "maximum violation," the airport tenant shall pay to the airport operator the total
costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and
costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to
unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar
days after receipt by the airport tenant of written notice of cancellation of this agreement
by the airport operator.
(4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions
when the airport operator detects violations, promptly discloses the violations to TSA,
and takes prompt corrective action to ensure that the same or similar violations do not
recur, This policy is known as the TSA Voluntary Disclosure Program Policy, and is
designed to encourage compliance with TSA regulations, foster secure practices, and
encourage the development of internal evaluation programs, The airport tenant agrees
that upon detecting a violation the airport tenant will immediately report it to the airport
operator. Should the TSA ultimately determine that the violation was committed by the
airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the
violation should result in the issuance of a letter of correction in lieu of a civil penalty,
then the airport tenant shall reimburse the airport operator the total costs incurred by the
airport operator in investigating, defending, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and
costs incurred in the investigation, defense, mitigation, or taking of remedial action
measures, A violation resulting in the issuance of a letter of correction shall not be
considered to be a breach of this agreement by the airport tenant.
(5) Survival of Subsection. This subsection shall survive the cancellation or
termination of this agreement, and shall be in full force and effect.
34. Rules and Re2ulations
A. COMPLIANCE. LESSEE shall comply with all ordinances of the COUNTY,
including any reasonable rules and regulations with respect to use of Airport property, as
the same may be amended from time to time, all additional laws, statutes, ordinances,
regulations and rules of the federal, state and county governments, and any and all plans
and programs developed in compliance therewith, which may be applicable to its
operations, including specifically, without limiting the generality thereof, federal air and
safety laws and regulations and federal, state, and county environmental, hazardous waste
and materials and natural resources laws, regulations and permits,
This agreement is subordinate to the County's obligations under federal aviation
law and contractual commitments to the federal government. Upon a formal written
declaration by the F ederal Aviation Administration ("F AA") that a term or provision of
the Agreement is inconsistent with federal aviation law or a contractual commitment to
the FAA, the impermissible term shall be severed, without affecting the remainder of the
Agreement. The parties may agree to amend the Agreement as provided herein as
necessary to comply with the FAA's formal written declaration,
B. VIOLATIONS, LESSEE agrees to pay on behalf of the COUNTY any
penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the
COUNTY any claim, assessment, or civil action, which may be presented or initiated by
any agency or office of the federal, state, or county governments, based in whole or
substantial part upon a claim or allegation that LESSEE, its agents, employees or invitees
have violated any law, ordinance, regulation, rule or directives described in 34(A) above,
35. Ri2hts Reserved. Rights not specifically granted to LESSEE by this
Agreement are reserved to the COUNTY.
36. Mutual Review. This agreement has been carefully reviewed by LESSEE
and the COUNTY, therefore this agreement is not to be construed against either party on
the basis of authorship,
The remainder of this page has been intentionally left blank.
-01-10;03:39:=>M;
; '? ~. ::. .::: ,-=1 ~, 7 " ~, -.
IN WITNESS WHEREOF, the party of the first part has caused these presents to be
executed in its name, and the party of the second part has signed these presents, in duplicate,
all as of the day and year first above written.
(SEAL)
A TrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Date
(SEAL)
ATTEST:
FLORIDA KEYS MOSQUITO
CONTROLBO
By
By
Director
Date
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EXHIBIT c
DEe 2:J 1993
AIRPORTS 10MB
DA aZQUDlBD LDSZ c:u.17SZ8
1.
This lease shall ba subject to review and re-avalua'tion
at the end of each 1- year period, by the airport:
nwnRr and the rent may be adj uatad accordincr 1:0 their
action, not. r.o tlXcaad 'the Consumer Price Index rai:e
durinq the last /~ mcn~h ~.riod, a~:
Land ].e.. impzoOV8aan1:a will be lIpp1"aiaad every 5 yean
and tba adjus:uc1. rantal vl11 be baaed an narmally 10-12
percent: of appra:Laacl value. If dillJn1't:ltd, leascn-
ob1:aina apprzLiaal at hi8 expelUla and. l...or /1.....
equally ahllre .xpen.e ~DZ" review appraiaal t:ha't:
..Uibli.h.. lair ..~k.t: valuo.
2. The tenant far himael~, hi. personal r.pr.8cntat:~YD.,
ISUCC;IlIt180rB in interaat, and e..iCJna, cae a p~ o~ t.hA
CDnBic1CU'llt1gn hereoC, da.. hereby covenant and agr..
that (1.) no person an th. 'IJ:'uwlda or xace, color, 0'.1:' ..
national or1q1n shall ~ axcludad lrum ~rti~ipa~cn
ln, denied the anes:11:s of, or ba athenrJ..1S su1)ject.t
to discrimination 1n tb8 a.. or said raailities, (2)
that in the constnct1on ot any !JIlprDV81DllftU on, DVtlr
or under such land and the furn1sh1nq ot service.
thereon" no parson on the ground. of race, color, or
national oriqin 8hall be excluded tram participation
in, denied the benefits or, or be otherwise subjem:ad
to discrimination, (3) 'that the tenant shall Wle the
premises in complianc. with all ot:har raquirmaen'tS
imposed by or pursuant to ':1 tle 49, COde af Pederal
RQgulat10ns r Departm8ne of 'l'ransportation, ~ti t1. A.
Office of the secretary, Part 21, Nonc11scriminat1on in
Federally-assisted programs ot the Department of
'l'r.!'nRpnrtllt:ion-EtfBctua:tian ot Titl. VI ot the civil
R.igh'ta Ac~ at 191;4, IInd 1111 aaidRa;ulatiDDIJ may l:te
amended.
That. in the ev.nt: D~ br8ach of! any o~ ~e above
nondiacriminat1on aovenant:a, Airport: OWner mall have
the right to tarmina~. 1:11. 1___ and ~o ~-tln~ and as
i~ .aid l.eose ha.cl nevor bean made or iDouocl. The
provision ahDll no~ be .ff~iv. Yn~il tho praaed~.
Q~ Title 49, Code of Federal Requlationa, ~Art 21 ~.
.rul1uwttd CIIul completed includinq exerci.. or expi.rll~icm
at app.al r!9h~H.
J . ~ t snall be a cenci! tieD or thJ.. lease, UusL Ula lellaor
re..rve. unto itself. 1ta successors and as.19M, tor
the use ana Danet1t ot the pUblic, a r1gn~ at r1iCjJbt
tor the passage of a1rcratt in the airspace attove the
surtace of the real prOpBrty nere1naJ:ter c1sscr1l2a4,
tOCJether with the r1.9ht to cause in said airspace 8UCl\
noise as may ba inherent in the operation of aircraf't,
;. now known or hereafter USed, for navigation of or
rliqht in the said airspace, and for u.. at said
airspace tor landing an, taking off trom or operat1nq
on the airport. -
That the Tenant expressly agrees tar itself, its
successors and assiqns. to restrict. the heiqht ot
atructuras, Objects of natural tn"owt:h and other
obst:ructiona an the hereinafter 4e.cribed real property
t:o AUoh a hAi9h~ 80 a. ~ comply with Federal Aviation
R.e9Ulation., Part 77.
'.rhat the %A.... exp...ly .~ for 1taalf, ita
DUaaAIIDOrD ami. ...igna, ~o pzoevani; allY Wl8 at the
herainalt:ar cl..aribad =a1 prc:rport:y which waul&!
int:eJ:'tara vi1:h ar cu:iveJ:'IIely afloat: 'tho DpDZ'DUcm OZ'
..int:BnAnae a~ the airport, or ot:.hcrwiac aonat:i~ut:a an
airport: hlu:lU:'d.. .
4. Th1s lease and allproviaicms hereof are subje= ami ,.
auburdlnata Lu Ull1 Lerma and candi tiolW of. the
instrwImtt. and dOCWIent. under whldl U1II Airport owner
acquired the subject property rram the un.Lt.c:d StAtue Qr
.uer1ca and eatl be given only INcb etract a. w;Lll oat
cDn~11ct. or be inconsistent with the terms and
cond1tions contained in the lease 0%' sa1c1 lands ~ra2Il
the Airport OWncar, and any exist1nq or S~88quen1:
amendments 'thereto, and are aubj act to any ordinance.,
ruleB or requlat10nll whieb have been, or _y hereafter
be adopted by the Airport OWner p~rta1ninq to the
(T) A ItA 1 ha ~ Airport.
5. Hotwithstanclinq anything harein contained that 1II&Y ba,
or appear to be, ,to the contrary, it ill .xJ)r...ly
unclerstoocl and ac;reed that the riohts t;Jrsntad under
this aqre8Jllsnt are nonaxcluaivaand the Lessor harsin
rlUUlrv_ 'the right. t.o qrant: similar privilaqe. to.
anothlL'r LeSB~ or other LAlIIlIIAAfl nn nt:hAr part.s of th.
airport.
RECEIVED
DEe 231993
AIRPORTS/OMS
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THIS EXHIBIT WAS APPROVED AT THE FEB. 17, 2010 MEETING AND IS INCLUDED FOR
COMPARATIVE PURPOSES ONLY IN ORDER TO SHOW THE CHANGE MADE. SEE
ATTACHED EXHIBIT A AND COMPOSITE EXHIBIT B.
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EXHIBIT WAS APPROVED AT THE FEB. 17, 2010 MEETING AND IS
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EXHIBIT A AND COMPOSITE EXHIBIT B.
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11'I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: County Administrator
Bulk Item: Yes ~ No
Department: Office of Management & Budget
Staff Contact Person/Phone #: Penny Kipp x4470
AGENDA ITEM WORDING:
Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated
revenue.
ITEM BACKGROUND:
See attached schedule of items.
PREVIOUS RELEVANT BOCC ACTION:
See attached schedule of items.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COUNTY: N/ A
SOURCE OF FUNDS:N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty -X- ~urchasing X Risk Management N/A
DOCUMENTATION:
Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
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OMB Schedule Item Number 1
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 360-2009
WHEREAS, Resolution Number 360-2009, 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,
360-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained
certain erroneous information and said resolution, passed and adopted on October 21 st , 2009 is hereby amended:
Fund #125 - Governmental Fund Type Grants
Cost Center # 6153709 - Community Care for Disabled Adults
Function 5600 Activity 5640 Offcl/Div# 1016
Revenue:
125-6153709-3346900 H
125-6153709-3469030 H
125-6153709-369001SH
State Grants
Svc-Hmn Svc
Misc
$32,821.64
866.25
563.40
Total Revenue
$34,251.29
Appropriations:
125-6153709-510120-Salaries
125-6153709-510210-Fica
125-6153709-510220-Retirement
125-6153 709-510230-Group Insurance
125-6153709-510240- Worker's Compensation
125-6153709-530340-0ther Contract Services
125-6153709-530400- Travel
125-6153709-53041 O-Communications & Postage
125-6153709-53045 I-Risk Management
125-6153709-530470-Printing
125-6153709-530491-Food & Dietary
125-6153709-530510-0ffice Supplies
125-6153709-530520-0perating Supplies
$23,219.21
1,000,74
38,51
1,144,20
1.11
4,249.04
812,68
0,00
0,00
0,00
3,785,80
0,00
0.00
Total Appropriations:
$34,251.29
--
---
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 1 amend reso#360-2009 r1vr uant ccda kg061 09-10 6153709
OMB Schedule Item Number 2
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 358-2009
WHEREAS, Resolution Number 358-2009, 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. 358-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in
Fiscal Year 20 I 0 contained certain erroneous information and said resolution, passed and adopted on October 21 sl , 2009 is
hereby amended:
Fund #125 - Governmental Fund Type Grant
Cost Center # 52003 Exotic Plant Control
Project # GW0801, GW0901
Function# 5300 Activity#5370 Official Division#1015
Revenue:
125-52003-3343900P
State Grants-Physical Environment
$179,495.33
Total Revenue
$179,495.33
-----
----
Appropriations:
125-52003-510120
125-52003-510130
125-52003-510210
125-52003-510220
125-52003-530490
Regular Salaries
Other Salaries
FICA
Retirement
Miscellaneous
$ 89,997.89
$ 500.00
$ 4,568.35
$ 5,006.25
$ 79,422.84
Total Appropriations:
$179,495.33
---
----
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 17th day of March AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 2 amend reso#358-2009 rlvr un ant 125 52003 GW0801, GW0901 Exotic Plant Control
OMB Schedule Item Number 3
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 359-2009
WHEREAS, Resolution Number 359-2009, 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. 359-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in
Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on October 21 st , 2009 is
hereby amended:
Fund #125 Governmental Fund Type Grants
Cost Center # 50516 Transp. PIng. Program 07-09
Project # GW0702, GW0703
Function# 5400 Activity# 5490 Official Div# 1015
Revenue:
125-50516-3314900T
125-50516-381148GT
Federal Grants- Transp
Tnsfr fm Fund 148
$513,378.19
73,288.09
Total Revenue
$586,666.28
----
---
Appropriations:
125-50516-510120
125-50516-510 140
125-50516-510210
125-50516-510220
125-51516-530490
Regular Salaries
Overtime
FICA
Retirement
Miscellaneous
$ 3,075.54
1,320.00
236.20
832.77
581,201.77
Total Appropriations:
$586,666.28
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 3 amend reso#359-2009 r1vr uant 50516 GW0702, GW0703 Tnsp Ping Prog.
OMB Schedule Item Number 4
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 366-2009
WHEREAS, Resolution Number 366-2009, 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. 366-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in
Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on October 2151 , 2009 is
hereby amended:
Fund #125-Gov't Fund Type Grants
Cost Center# 13524 UASI 07 Grant
Project# GE0922 MCSO/EMG UASI 07 Grant
Function # 5200-Public Safety
Activity #5250-Emergency Disaster Relief
OfficiaVDivision #1012-Public Safety
Contract# 09DS-24-11-23-02-011
CFDA Number: 97.067
Revenue:
125-13524-3312000S
Federal Grants-Public Safety
$195,448.14
Total Revenue
$195,448.14
Appropriations:
125-5250-13524-530490
125-5250-13524-560640
Miscellaneous
Capital Outlay Equipment
$ 159,431.05
$ 36,017.09
Total Appropriations:
$195,448.14
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 17th day of March AD 20 10.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 4 amend reso#366-2009 rlvr unant fund 125 13524 ge0922 uasi 07 grant
OMB Schedule Item Number 5
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 342-2009
WHEREAS, Resolution Number 342-2009, 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. 342-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in
Fiscal Year 20 I 0 contained certain erroneous information and said resolution, passed and adopted on October 21 sl , 2009 is
hereby amended:
Fund #125- Government Fund Type Grants
Cost Center # 53020 Sunset Point Park Boat Ramp
Project # GB0901
Function 5400 Activity 5490 Off/Div 1015
FWC Contract # 08071
CSF A # 77.006
Revenue:
125-53020-334490CT
125-53020-381 157GT
State Grants-Economic Env
Governmental Transfer
$114,053.89
$ 38,017.96
Total Revenue
$152,071.85
Appropriations:
125-5490-53020-510120
125-5490-53020-510210
125-5490-53020-210220
125-5490-53020-530340
125-5490-53020- 560630
Regular Salaries
FICA
Retirement
Other Contractual Svc
Capital Outlay-Infrastructure
$ 8,000.00
$ 2,000.00
$ 2,000.00
$ 74,641.85
$ 65,430.00
Total Appropriations:
$152,071.85
---
----
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 5 amend reso#342-2009 unant 53020 gb0901 sunset point park boat ramp
OMB Schedule Item Number 6
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 344-2009
WHEREAS, Resolution Number 344-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous
infonnation, 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,
344-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained
certain erroneous infonnation and said resolution, passed and adopted on October 21 st , 2009 is hereby amended:
Fund #125 Gov Fund Type Grants
Cost Center#13503 EMS Award Grant FY09
Project# GE9803
Function#5200
Activity#5260
Official Division#1012
Grant # C8044
Revenue:
125-13503-334200CS
Total Revenue:
State Grants-Public Safety
$97,045.12
$97,045.12
Appropriations:
125-13503-530490
Total Appropriations:
Miscellaneous
$97,045.12
$97,045.12
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 17th day of March, AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 6 amend reso#344-2009 rlvr unant ems award grant ]3503 ge9803 /)'09
OMB Schedule Item Number 7
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 340-2009
WHEREAS, Resolution Number 340-2009, 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, 340-2009 previously set up in the Monroe County Budget for the purpose of receiving
unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and
adopted on October 21 st , 2009 is hereby amended:
Fund #125 - Governmental Fund Type Grants
Cost Center # 62019- State Aid to Libraries
Project GP0900 - FY 09 State Aid to Libraries
Project GP0800- FY 08 State Aid to Libraries
Function # 5700 -Culture Recreation
Activity #5710 - Libraries
OfficiallDivision #1016- Community Services
Revenue:
125-62019-334701 OR-
State Aid to Libraries
$75,801.78
Total Revenue
$75,801.78
Appropriations:
125-5710-62019-530490
Miscellaneous
$75,801.78
Total Appropriations:
$75,801. 78
----
----
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the
above, is hereby authorized and directed to make the necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the I ih day of March AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chainnan
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 7 amend reso#340-2009 rlvr unant FY09 library grant 62019 gp0900, gp0800
OMB Schedule Item Number 8
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 341-2009
WHEREAS, Resolution Number 341-2009, 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,
341-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 20 IO contained
certain erroneous information and said resolution, passed and adopted on October 21 st , 2009 is hereby amended:
Fund #125 - Governmental Fund Type Grants
Cost Center # 6153509 - Low Income Home Energy Assistance Program
Low Income Home Energy Assistance Program FY 2009-2010
Function 5600 Human Services
Activity 5690 Other Human Services
Revenue:
125-6153509-3315000E- Fed Grant-Economic Environment
Total Revenue
Contract# 09EA-7K-II-54-01-019
CFDA# 93.568
$111.282.50
$111,282.50
Appropriations:
125-5690-6153509-510120
125-5690-6153509-510210
125-5690-6153509-510220
125-5690-6153509-510230
125-5690-6153509-510240
125-5690-6153509-530400
125-5690-6153509-530410
125-5690-6153509-530430
125-5690-6153509-530431
125-5690-6153509-530432
125-5690-6153509-530440
125-5690-6153509-530460
125-5690-6153509-530470
125-5690-6153509-530481
125-5690-6153509-530510
125-5690-6153509-530520
Total Appropriations:
Regular Salaries
Fica
Retirement
Life & Health Ins.
Worker's Comp
Travel
Phone and Postage/Freight
Crisis Utility Payment
Home Energy Assistance
Weather Related/Supply
Rentals and Leases
Maintenance
Printing & Binding
Outreach
Office Supplies
Operating
1,919.03
113.94
146.75
244.20
.92
445.00
1,096.50
29,700.36
26,085.00
6,850.00
1,971.00
2,500.00
1,000.00
37,891.00
818.80
500.00
$111,282.50
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 17th day of March AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 8 amend reso#341-2009 rlvr unant liheap fy09 6153509
OMB Schedule Item Number 9
Resolution No.
- 2010
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 20] 0,
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 20] 0, be and the
same is hereby increased by the amount hereinafter set forth:
Fund # 125 Gov Fund Type Grants
Cost Center#86561 Budgeted Transfer 125 Safer Grant
Function#5800 Activity#5810 Official Division# 1019
Revenue:
125-86561-3312000S
Federal Grants-Public Safety
$607,140.00
Total Revenue
$607,140.00
Appropriations:
125-5810-86561-590141
Transfer to 141 Safer Grant
$607,140.00
Total Appropriations:
$607,140.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the
above, is hereby authorized and directed to make the necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 9 unant Fund ]2586561 Safer Grant
OMB Schedule Item Number 10
Resolution No.
- 2010
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 20 I 0 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 20 lObe and the same is hereby increased by the amount
hereinafter set forth:
Fund #125 - Governmental Fund Type Grants
Cost Center # 6153510 - Low Income Home Energy Assistance Program
Low Income Home Energy Assistance Program FY 2009-2010
Function 5600 Human Services
Activity 5690 Other Human Services
Revenue:
125-6153510-3315000E- Fed Grant-Economic Environment
Total Revenue
Contract# lOEA-8F-1l-54-OI-019
CFDA# 93.568
Grant period:March I, 2010-March 31, 20ll
$334.606.00
$334,606.00
Appropriations:
125-5690-6153510-510120
125-5690-6153510-510210
125-5690-6153510-510220
125-5690-6153510-510230
125-5690-6153510-530400
125-5690-6153510-530410
125-5690-6153510-530430
125-5690-6153510-530431
125-5690-6153510-530432
125-5690-6153510-530440
125-5690-6153510-530460
125-5690-6153510-530470
125-5690-6153510-530481
125-5690-6153510-530510
125-5690-6153510-530520
Total Appropriations:
Regular Salaries
Fica
Retirement
Life & Health Ins.
Travel
Phone and PostagefFreight
Crisis Utility Payment
Home Energy Assistance
Weather Related/Supply
Rentals and Leases
Maintenance
Printing & Binding
Outreach
Office Supplies
Operating
65,900.00
0.00
0.00
0.00
445.00
1,365.00
128,546.00
125,000.00
6,850.00
1,500.00
2,500.00
1,000.00
0.00
1,000.00
500.00
$334,606.00
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 17th day of March AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Mayor/Chairman
Item 10 unant liheap fy 10 61535 10
OMB Schedule Item Number 11
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to
account for unanticipated funds in the Monroe County Budget for Fiscal Year 2010, 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 2010, be and the same is hereby increased by
the amount hereinafter set forth:
Fund #158 Misc. Spec. Revenue Fund
Revenue:
158-348141SC
Misc. Special Revenue Fund
$4,813.91
Total Revenue
$4,813.91
Appropriations:
158-5640-04586-530340
Other Contractual Service
$4,813.91
Total Appropriations:
$4,813.91
Revenue:
158-348142SC
Misc. Special Revenue Fund
$4,813.91
Total Revenue
$4,813.91
Appropriations:
158-5810-86549-590001
Budgeted Transfers
$4,813.91
Total Appropriations:
$4,813.91
Revenue:
158-348145SC
Misc. Special Revenue Fund
$4,813.88
Total Revenue
$4,813.88
Appropriations:
158-5210-68627-530340
Other Contractual Service
$4,813.88
Total Appropriations:
$4,813.88
Item 11 unant fund 158 crim add costs page 1
Revenue:
158-348144SC
Misc. Special Revenue Fund
$4,813.89
Total Revenue
$4,813.89
Appropriations:
158-6010-82506-530340
Other Contractual Service
$4,813.89
Total Appropriations:
$4,813.89
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 11 unant fund 158 crim add costs page 2
OMB Schedule Item Number 12
Resolution No.
- 2010
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 20 10, 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
20 I 0 as, hereinafter set forth to and from the following accounts:
Fund # 001 General Fund
From: 001-5640-61501-530460
Cost Center #61501 Welfare Admin
For the Amount: $800.00
To: 001-5640-61502-530492
Cost Center #61502 Welfare Svcs
Repair & Maint
Shelter
From: 001-5640-61501-530470
Cost Center #61501 Welfare Admin
For the Amount: $1,000.00
To: 001-5640-61502-530492
Cost Center #61502 Welfare Svcs
Printing
Shelter
From: 001-5640-61501-530498
Cost Center #61501 Welfare Admin
For the Amount: $800.00
To: 001-5640-61502-530492
Cost Center #61502 Welfare Svcs
Advertising
Shelter
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 17th day of March, AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 12 fund 001 trsffm61501 t061502
OMB Schedule Item Number 13
Resolution No.
- 2010
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 2010 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 2010 be and the same is hereby increased by
the amount hereinafter set forth:
Fund #125 - Governmental Fund Type Grants
Cost Center # 22527 Pigeon Key Ferry Service
Project #GN0701 Pigeon Key Ferry Service
Function #5400 Activity #5430 Official/Division # 1021
Joint Participation Agreement AOQll Financial Project Number 414545-1-58-01
Revenue:
125-22527 -3344900T -GN0701
Total Revenue
State Grant-Transportation
$250.000.00
$250,000.00
Appropriations:
125-5430-22527 -530340-GN070 1-530340
Total Appropriations:
Other Contract Services
$250.000.00
$250,000.00
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 13 un ant 12522527 GN0701 Pigeon Key Ferry
OMB Schedule Item Number 14
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 050-2010
WHEREAS, Resolution Number 050-2010, 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. 050-2010 previously set up in the Monroe County Budget for the purpose of receiving unanticipated
funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on February
17th, 2010 is hereby amended:
Fund #158 Mise Special Rev Fund
Revenue:
158-62036-352100SR
158-62036-352200SR
Fines Library Lost Books
Fines Library Overdue Books
$ 469.66
3,375.80
Total Revenue
$ 3,845.46
Appropriations:
158-5710-62036-560660
Lib Mat
$3,845.46
Total Appropriations:
$3,845.46
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 14 amend reso#050-20 1 0 uant 158 62036 Library Fines
OMB Schedule Item Number 15
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 030-2010
WHEREAS, Resolution Number 030-20 I 0, 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. 030-20 I 0 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal
Year 2010 contained certain erroneous information and said resolution, passed and adopted on February 17th, 2010 is hereby
amended:
Fund #00 I General Fund
From: 001-5130-85500-590990
Cost Center #85500 Reserves 001
For the Amount: $10,406.00
To: 001-5130-69200-530490
Cost Center #69200 Property Appraiser 00 I
Other Uses
Misc
Fund # 141 Fire & Amb Dist 1 L&M Key
From: 141-5130-85520-590990
Cost Center # 85520 Reserves 141
For the Amount: $3,993.00
To: 141-5130-69201-530490
Cost Center #69201 Property Appraiser 141
Other Uses
Misc
Fund #148 Plan, Build, Zoning
From: 148-5130-85525-590990
Cost Center # 85525 Reserves 148
For the Amount: $12,628.00
To: 148-5130-69204-530490
Cost Center #69204 Property Appraiser 148
Other Uses
Misc
Fund #149 Municipal Policing
From: 149-5130-69207-530490
Cost Center # 69207 Property Appraiser 149
For the Amount: $7,801.00
To: 149-5130-85545-590990
Cost Center # 85545 Reserves 149
Misc
Other Uses
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.
Item 15 amend reso#030-20 10 trsfrs Property Appraiser
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board
held on the 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 15 amend reso#030-20 I 0 trsfrs Property Appraiser
OMB Schedule Item Number 16
Resolution No.
- 2010
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 20 I 0, 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
20 I 0 as, hereinafter set forth to and from the following accounts:
Fund #502 Group Insurance
From: 502-5620-08004-530310
Cost Center #08004 Group Ins Asserted Claims
For the Amount: $4,500.00
To: 502-5620-08001-530310
Cost Center #08001 Group Ins Admin
Professional Services
Professional Services
From: 502-5620-08004-530310
Cost Center #08004 Group Ins Asserted Claims
For the Amount: $5,000.00
To: 502-5620-08001-530470
Cost Center #08001 Group Ins Admin
Professional Services
Printing & Binding
From: 502-5620-08004-530310
Cost Center #08004 Group Ins Asserted Claims
For the Amount: $1,800.00
To: 502-5620-08001-530498
Cost Center #08001 Group Ins Admin
Professional Services
Advertising
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 17th day of March, AD 20 I 0,
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 16 fund 502 trsffm 08001 to 08004
OMB Schedule Item Number 17
Resolution No.
- 2010
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 20 I 0, 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
20 I 0 as, hereinafter set forth to and from the following accounts:
Fund #503 Risk Management
From: 503-5290-08503-530500
Cost Center #08503 Risk Mgmt Claims
For the Amount: $22,000.00
To: 503-5290-08501-530310
Cost Center #08501 Risk Mgmt Admin
Open Claims
Professional Services
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 17th day of March, AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 17 fund 503 trsf fin 08503 to 08501
OMB Schedule Item Number 18
Resolution No. - 2010
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 2010, 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 2010, be and the same is hereby increased by the
amount hereinafter set forth:
Fund #125-Gov't Fund Type Grants
Cost Center# 50517 LAP Wayfinding Signage Proj
Project# GWI00l LAP Wayfinding Signage Proj
Function # 5400
Activity # 5410
Official/Division #1015
Fed Grant# 4282981
CFDA Number: 20.205
Grant period: 3/2010-6/2013
Revenue:
125-50517-331200CT -GWI00l
Federal Grants-Transportation
$1,100,000.00
Total Revenue
$1,100,000.00
Appropriations:
125-5410-50517 -560630-GWl 001-560630 C apital Outlay-Infrastructure
$1,100,000.00
Total Appropriations:
$1,100,000.00
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 17th day of March AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 18 unant fund 125 50517 GWlOOl LAP Wayfinding Signage Proj
OMB Schedule Item Number 19
Resolution No.
- 2010
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 2010, 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
2010 as, hereinafter set forth to and from the following accounts:
Fund #304 One Cent Infrastructure Surtax
From: 304-5130-85532-590990
Cost Center #85532 Reserves 304
For the Amount: $668,374.00
To: 304-5810-86502-590207
Cost Center #86502 Budgeted Transfers 304
Reserves for Contingency
Transfer to Fund 207
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 17th day of March, AD 2010,
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY 1. KOLHAGE, Clerk
Item 19 fund 304 trsffm 85532 to 86502
OMB Schedule Item Number 20
Resolution No.
- 2010
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 2010, 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 2010, be and the same is hereby increased by the
amount hereinafter set forth:
Fund #207 2003 Revenue Bonds
Cost Center #87603 Clean Water SRF Loan
Function #5100
Activity #5170
Official/Division #1000
Revenue:
207-381304GT
Transfer from Fund 304
$668,374.00
Total Revenue
$668,374.00
Appropriations:
207 -5170-87603-570720
207 -5170-87603-570730
Interest Expense
Other Debt Service
$268,374.00
$400,000.00
Total Appropriations:
$668,374.00
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 Momoe County, Florida, at a regular meeting of said
Board held on the 17th day of March AD 2010,
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY 1. KOLHAGE, Clerk
Item 20 unant fund 207 86703
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: Budget & Finance
Bulk Item: Yes -.lL.
No
Department:
OMB
Staff Contact PersonlPhone #: Penny Kipp x4470
AGENDA ITEM WORDING: Approval to advertise a public hearing for a Budget Amendment for
Debt Service Fund 207.
ITEM BACKGROUND: To align the budget with revenues and expenditures of on-going Debt
Service in Fund 207. A new cost center needs to be created for the Clean Water State Revolving Fund
Loan Agreement. This new Loan Agreement will replace the interim "bridge" loan agreement with the
Florida Rural Utility Financing Commission Loan Payment program for the Big Coppitt Wastewater
Project. Payments to the Clean Water State Revolving Fund Loan will begin in April 2010.
PREVIOUS RELEVANT BOCC ACTION: On September 23, 2009, the BOCC approved the
FY2010 Annual Operating Budget. On August 19, 2009, the BOCC approved to execute the Florida
DEP Clean Water State Revolving Fund (SRF) Loan agreement WW602090 for the estimated principal
amount of $20,134,400 to fund the construction of the Big Coppitt Wastewater Treatment Plant and
Geiger/Rockland Key collection systems.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY: N/A SOURCE OF FUNDS: Fund 304 Transfer to Fund 207
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Ally _ ~UrChasing _ Risk Management_
DOCUMENTATION: Included Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/17/10
Division: Public Works
Department: Fleet Manaaement ~
Staff Contact PersonIPhone #: Roy Sanchez /292-3572_
Bulk Item: Yes --X- No
AGENDA ITEM WORDING: Approval to award Public Works surplus items as described in
attached Recap of Bid Opening on February 18, 20(Q. (Items: 4, 5, 12, 17, & 20).
ITEM BACKGROUND: All items were advertised per attached Recap of Bid Opening. The 5 (five)
highest bids received were determined acceptable.
PREVIOUS RELEVANT BOCC ACfION: At a previous meeting, the Board granted approval to
advertise for bids on surplus items, which is described here and on attachment.
CONTRACT/AGREEMENT CHANGES:N I A
STAFF RECOMMENDATIONS: Approval to award Public Works items to the highest bidders or
to the next acceptable highest bidder should high bidder fail to complete transaction(s) after reasonable
notification and time limits.
TOTAL COST:
N/A JNDIRECT COST:
BUDGETED: Yes LNo_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No
AMOUNTPERMONTB_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included -X-.
Not Required_
DISPOsmON:
AGENDA ITEM #
Revised 7/09
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
Roy Sanchez, Director
Fleet Management Department
DATE:
February 19, 2010
RE:
Agenda Submission / Information Memo
The attached BOCC agenda item is to award Public Works items to the highest bidder or
to the next highest and acceptable bidder should higher bidders fail to complete transactions after
reasonable notification and time limits.
After requesting and receiving BOCC approval to go out for bids, they were opened
2/18/10. (See attached Recap of Bid Opening)
After reviewing all bids, it was determined five (5) of twenty (20) bids received were
acceptable.
The Fleet Management Department's recommendation is to award five (5) of the twenty
(20) Public Works surplus items to the highest bidder or to the next highest and acceptable
bidder should higher bidders fail to complete transactions after reasonable notification and time
limits.
Thank you.
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BOARD OF COUNTY COM,MISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/17/10
Division: Public Works
Bulk Item: Yes X
No
Department:
Fleet Management
-1
A'J~'
t/'
Staff Contact PersonlPhone #: Roy Sanchez /292-3572
AGENDA ITEl\f WORDING: Approval to extend the current Fuel Contract with Dion Oil Co, on a
month-to-month basis for up to three months pending bid opening and award of a new contract.
ITEM BACKGROUND: The County's fuel provider, Dion Oil Company, has agreed to extend the
current agreement on a month to-month basis to allow the County time to complete the bid process.
PREVIOUS RELEVANT BOCC ACTION: In April of 2007, the Board authorized execution of the
current contract with Dion Oil Co. and in 2008 and 2009 authorized two (2) additional one (1) year
renewals options,
CONTRACT/AGREEMENT CHANGES: N / A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/ A INDIRECT COST:
BUDGETED: Yes X-No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
Roy Sanchez, Director
Fleet Management Department
//1
//1/ /
f
I
DATE:
February 22,2010
RE:
Agenda Submission / Information Memo
Bids are currently being advertised for gasoline and diesel fuel. The attached agenda item is to
request approval to extend the current fuel contract with Dion Oil Company on a month-to-
month basis for up to three months pending completion of the bid process and award of a new
contract.
Thank you.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Dion Oil Company Effective Date:411611 0
Expiration Date:7/15/10
Contract Purpose/Description: Supply diesel fuel and unleaded gasoline to Monroe County and
Monroe County School Board fueling facilities throughout the Keys.
Contract Manager:Roy Sanchez
(Name)
3572
(Ext,)
Fleet Management
(Department)
for BOCC meeting on 3/17/10
Agenda Deadline: 3/2/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $80,000,00 Current Year Portion: $80,000.00 approx
approx
Budgeted? Yes~ No D Account Codes: ALL DEPARTMENTS AND OTHER
AGENCIES-_-_-_-_
Grant: $_
County Match: $_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
~atiln
Division Director 3> I 0
/' ~
I \/,;>", _; _.
Risk Mana~~men\;'{ ;7,,-1/ C '
PjL~ tJ C):.rM ,_
O,M,B,/PurcMsing ~-IO
Changes
Needed~
YesDNo~
YesD No[j'
Date Out
!~ ---I' ,Reviewer
L/ rcJ::~
. ~"-', _ .-, / I
i:t\' '\ ~, f; l ./'
I I j , ',,', " Ii '", ,~
,I '=--:-~-') ""t.' ~' L.----.
-iliJID
l'<~ ~;"}c'
County Attorney
. \
.. " V '-\\\,~. YesO Non,',
;A~i" ~
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CONTRACT EXTENSION
(Diesel fuel and unleaded gasoline supplier for Monroe County, Florida)
TillS Extension is made and entered into this 17th day of March, 2010, between Monroe County,
a political subdivision of the State of Florida, and DION OIL COMPANY LLC., to extend the
agreement dated April 18,2007, and as renewed on April 15,2009.
WITNESSETH:
WHEREAS, the parties desire to continue their relationship under the current contract as
amended and renewed, on a month to month basis;
NOW, THEREFORE, the parties agree as follows:
1. Effective April 16, 2010, the contract shall continue on a month to month basis for a
period up to three months.
2. In all other respects, the original agreement between the parties dated April 18, 2007
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Mayor Pro Tern
mON OIL COMPANY, LLC.
Witness
Witness
. I ,';:) '-6~
Byy~
- S U~-' t.~. & M)C~
Print Name
/ '. ......-~.RN.::'6 ~
','.r. t',i-.J p{J . G~. U I'll '( /.\ I I . '.F / " . )
,'..~./ -'.0 RMtf!. ',./
t'\., P OV 0 PIS I ....f,:?'l;.'. .. i ,', ,<.<"
. '/1 'j I 1./." '.
, I. ...--0.(. ~'\I "
PEDRO J. fvlEF).c.~~o.- I"'!'"
Dai~s_~~~u~~~~~~ 2 Z ~t / (j
C! ~~O
Title
AMENDMENT AND ~ RENEWAL AGREEMENT
DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
TInS AGREEMENT is made and entered into this 15th day of April. 2009 between the COUNTY OF
MONROE and DION OIL COMPANY in order to renew the agreement between the parties dated April 18th,
2007.
1. In accordance with Paragraph ll(B) of the 2007 agreement, the County hereby exercises its option to
renew the Agreement fOT 2M and last additional one-year tenn beginning April I Sth, 2009.
2. Item I DESCRIPTION
A. The Vendor shall deliver Ultra Low Sulfur Dyed Diesel Fuel, and Unleaded Gasoline (Any
Octane with no more than 10010 Ethanol) to locations in Key West, Marathon, Plantation Key. and Key
Largo areas as requested by the ordering Monroe County and School Board departments and on the
dates requested by such departments. Fuel shall be delivered the next day if requested by 4:00pm.
3. Item V PAYMENT
8. Monroe County may not be charged more than the following prices listed above market (RACK)
price from date ordered.
Unleaded Gasoline (Any Octane with no more1han 10% Ethanol)
Ultra Low Dyed Diesel Fuel
$0.20
$0.18
$0.16
$QJ2
$0.10
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
~
$021
$0.19
~
$0.13
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
4. In all other respects, the agreement between the parties dated April 18th. 2007 remains in full force and
effect.
above.
(SEAL)
ATTEST:
B
~.~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~~.. ){)~,~
By
Mayor / Chairman 3- , f -D~
~
't,\I.'\~'--
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DION on. COMPANY
By>1~~
RENEWAL AGREEMENT
TIDS AGREEMENT is made and entered into this 20tlllay of Feb., 2008 between the
COUNTY OF MONROE and DION OIL COMPANY in order to renew the agreement
between the parties dated AprillSlh. 2007.
1. In accordance with Paragraph n(B) of the 2oo'Z agreement, the County hereby exercises
its option to renew the Agreement for an additional one-year term beginning April17tJt, _
2008.
2. In all other respec~ the agreement between the parties dated April lStII. 2007 remains in
full force and effect
IN WITNESS WHEREOF, the parties have hereunto set their bands and seal, the day and year
first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Ba~ ~C.
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BOARD OF COUNTY COMMI&SIONERS
:: MONROE 1:1- FLORIDA
Mayor ~rman
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WITNESSES:
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da.AII['~ t lJJQUM--
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DION OIL COMPANY
By>4-).~ .~
CHAt EM. UMBERT-BARROWS
ASSISTANT CO~ ATTORNEY
Date 'J,j,A!O
,.'
CONTRACT
gJ=.SR. REL & UM.fADED GASOlINE SUPPlER
. . Ji-
THIS AGREEMENT, made and entered ink) this Ji ";"-day of April, 2007 by and between the
COUNTY OF MONROE, STATE OF FLORIDA, a political subdiVision of1he Stale of Florida
hereinafter caIed "'ComlY' and Cion Oil ~, LLC hereinafter caled '"Vendor".
WITNESSETH:
That the parties hereto for the consideration hereinafter named, agree to the following:
I. DESCRIPTION:
A. The Vendor shaH ~ NI8nber T'M) Diesel fuel. High SUlfur Diesel fuel and 86-87183-l&92.;
93 Odane Cas Dine to br.aIions il1he Key \Nest, IluBlhor.. PIl:ddation Key, mld Key I..aIgo areas as
requested by the OIdeIiI., MDlRe Coonly and School Board dbt-b~811s and on lie dalesreq..e~ by such
departments. Fuel shaH be defivered the next day if requested by 4:00pm.
B. Deliveries will be in quantities of less than One Hundf9d (100) gaIons to Seven Thousand
(7.000) gaIJons.(FuI Tanks). The Vendorsh8U have a meIered tanker for aI deliveries and .. be requhd to
iIemize invoices for each deIvery Llldertis provision. .
C. Upon request by the County, Vendor shall provide doromentation supporting most recent pump
meter certification.
O. AI deliveries must be witnessed and delivery tickets must be signed and daIed by Monroe
County personnel
E. The Vendor shaH have the capability to pump fuel into aboveground tanks through standard
quick deIac:habIe coupings.
F. The Vendor shalhave abiIly to provide daIy deIiveI iesof gasoline 81d diesel to ......
locations afBr a fQricarae. nabnldisaslei. or other emergency for as long as the need exisIs..
II.
TERM OF CONTRACT
"
A lliseu&cdshal be fora period of One (1) yearcond1lEJl'lCing upon 1heday In which it has been
executed by boll parties.
a lbe County shaI halIe the option to I8I1eW tis agmement after the fist year. for two (2) additional
one (1) year periods. , . .
III. HOLD HARMlESS
The Vendor covenads and agre as to ir1dern.1ify and hold harmless Monroe County Board cI County
ComrrissiJners fuJm any and aI claims for bodIy qu.y fl1Clll:fing death), persolIlaI iIPY. and property
damage fl1<lJding property owned by Monroe Cc:u1ty) and any other Ie sees, damages. and expeIlseG
(i1cIuding allDmey"sfees) which arise out eI, In COIH'18Ction with, or by reason of services provided by the
Vendor or any of Is SubconIractor(s) in ..., tier, occaaioned by the negIgence or oilier wrongful act or
omission ofihe Vendor or its SUboontractor(s) in any tier, their employees. or agenIs. The extent d liability is
in no W8!f Bled 1D, leduced, OJ' J! sa El~ted by the insuaiMe requiremeld& 00f_~ alsellUhefe wilhin tis
agteement. .
Page I of) 2
N. aNSURANCE
Prior to exectllion cI this agreallB1l the Vendor shall furnish the Courtly Certificales d Insurance irdc.ating 1he
minimum coverage limitations as stated in the General ~, Requirements for SuppfJel'S of Goods or
Services section <<this oontracl
v. . PAYMENT
A. Price per gallon shaI reflect Port Everglades Florida TeminaI (RAa<) charges.
B. Mor.me Col81ly may not be charged 11101'81han the following prices listed above market (RACK)
price from date ordered.
~B IrBI ClllaIne lAlw 1'\r.tr:anA)
Diesel 11I2 81d 1IV15 Dved)
$Q.2Q
$0.18
~
$gJ.2
$0.10
Key West
SUgarIoBf
~aIhon
Plc.8tioo Key
Key LaIgo
~
$1W.
$gJi
~
$0.13
Key West
SUgarIoBf
.cdhon
~ation Key
Key l.argo
c. The Vendor-shaI submit iIwoice to the County, iBnlD 19 the deIv8ry location, the requesting
department. 1he RACK prices. and aU taxes. for each delivery to the.1oca1lons descIi>>ed herein.
D. In aa:GIdance will the Florida Prompt Payment Ad. s. 218.70. FIoIida s..","", aI imIok:es will
be paid within forty-five days after receipt of a proper invoice.,
E. Diesel fUels and GasolIne 1aX8S must be Il8mized on each invoice;
VI. ,INDEPENDENT VENDOR
At aU times for aU purposes under tis agreement the Vendor is m independent eo..badDr and not..
eniployee of the 8c&d of County Comnulsicnn b MoIIRJe County. No sIalement ~_Ied ..this
agreement shall be oonsIrued so as to find the Vendor or any of hIsIher employees, <:utdaadoJs. servants, or
agents to be employees of 1he Board of County Commissioners for Monroe Cowtty.
VII. ASSURANCE AGAINST DISCRIMINATION
Vendor SId CcuIty'agr&e thaUhBl8" be no dibw_...18Iion againsl any persolt, -and i is expressly
urdeIsIood tJat upon a deEnnDItion by a court of comp alent jut.. &. N1 that discrimiltaIioil has occuned, tis
Agreement .analicaly letniltale& wiIhout any furIher action on the part of any party, aOadif8 the dal8 d the
court order. Vendor and Comly agree to comply with aD Federal and Florida statutes. and allocal ordinances.
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the CiVil RighIs
Pd of 1964 fl88-352), which prutti discfi.aination i1 employment on the basis of race. color. religion, sex,
and national origin; 2) Tile IX of the Education Amendment dim, as all.ended (20 use 55 1681-1683. and
1685-1686). wIIich prohHs .:Ii&aildi.ation on the basis cI sex; 3) Section 504 of the RehabiIaIion Ad fA 1973,
as amended (3) use i 194), which protibiIs di$ailinatian ell the basis d tBldicaps; 4) The Age
DisaiminatiaJ Ad. of 1975. as amended (42 use Ii 6101-6107), which prohibits disaimination on the basis d
age; 5) The Dug Abuse Office and TI~.ieI1l Ad of 1972 (Pl92-255). as amended. relating to
nortdiscrimin~ on fle basis of drug abuse; 6) The ComprehensiveAlcohoJ Abuse and Alc0hoIism
f'IewlIdion, T~i~ and RehabiIiIation Ad. d 1970 (PI. 91-616), as amended, IaIating to OOIdziw ....atioo
on the basis afalcohol abuse or aIcohoIieIn; 7) The Pubic HeaIIh SeMce Ad of 1912, 51 523 and 527 (42
USC 55 69OdJ3 and 290ee-3). as amended, reJating 10 confidentially of aIcohcI and drug abuse patent
records; 8) Tile VIII of the Civil Rights Ad of 1968 (42 use ~3601 at seq.), as amended, relating to
Page 2 .,fl2
,i
OOndisctirrill8lion in thlt sale. ... oril.1Cing d housiI1I; 8) The Ameft.aiS witt ()j llilMilie6 Ad d 1990 (42
use B 1201), as amended from &netD lime, ....~ to ~hllilMl6un in employment on 1he bEiB of
dIs~ 10) Ucnue Qu1ty Code ChapIBr 13. Article VI. which prohIbiIs ~iI..l8Iionon the basis of race,
color. sex, rellgkn, national origiI. ancestry, sexual OIielEIIon, genderidentily orexpJeSSion. famlial8I8Iusor
age; and 11) 8IlY other nondisai.itaaOOn provisions in any fedet'aJ or state statutI!ts which may apply to the
parties to. or the subjBct malter of, tisAgreerrienl ,
VlIL ASSIGNMENT
Vendor shaI not assign or subcoI.ad tis agmerllent, exa:rpt inwrling and wiIh the prior wriIIBn approval d
the Board of County ComrnissionenI for Maruoe County, which approval shaI be S111bject to,such condlions .
and provisions as the Qudy may deem necessary. This agI8emEII1t shaI be incorpoIaf&d by ....eucs Into
any assignment at subconIract and any assignee or subcontrador shall comply with aU of1he provision of this
agleement Unless exprasslr provided b' 1hen*1. such appmvaI shaI in no ma...... or event be deemed to
i.lpOee 'IJIff'I cdgaIan upon the CcuIly in addiIion to the tDIaI agnted-upon price title servicesfgooda of lie
Vendor.
IX. COMPlIANCE WITH LAW
In providi1g aU servicesIgoods pursu;ri to this agreement. the Vendor shaI 8bide by all statutes. ordinances,
rules and regulalions shaI constIuIe a malerial breach d this agreement and shall entiIIe the CcuJly to
temIinaIe this Vendor immediately upon delivery of written notice of temlinalion to the Vendor.
X. NOTICE REQUIREMENT
Any notice IeqUired or penniUed tnIer this agreement shaI be in writing and hand delivered or mailed,
postage prepaid. to the oller party by certified mai, retumed receipt requested. to the following:
For CcuItv:
Fleet Management Services
3583 S. Roosevelt BhId.
Key West, R. 33040 .
For Vendor:
Dion Oil Company, LLC
P.O. Box 1209
Key West, R. 33041
XI. FUNDING AVAILABIUlY
\NItta CDDV to:
Suzanne A. I-Utton
Monroe County Attorney
P.O. 'Box 1026
KeyWest, FL 33041-1026
In the event that ftmds from Fleet UaltageI1leflt Services operating GasoIne and Diesel Accounts are partially
reduced or camot be obfaiIted or camet be continued at level sufficiellt to allow for the pu..J1i:I$l:: of
servicesIgoods specified herein, this agIeemeI1t may then' be tenninated immediately at Ile option of the
county by wriUen notice of termination delivered in person or by mail to the Vendor. The County shaft only be
obIgal8d to pay for any goods deIiwJrad by 1he Vendor until the Vendor has received WI'" notice of
1ennination dJe to lack of funds.
XII. PROFESSIONAl RESPONSIBIUlY
The Vendor warrants that it is authorized by law to engage in 1he perfonnance of 1he activities encompassed
by the pRJjectharein de s [ri)ed. UJject to 1he terms and conditions set forth in the Notice d caIIng for Bids.
The providershal at aD times exen::is&~, P'~ judgment and sbaI assume pI.A'L s~:iuttal
responsibility" the services to be pmWJed. Continued funding by the County is ~ upon retention of
appropriate local, state, and/or federaf oertIication and/or licensure of vendor.
Page 3 oft 2
XIII. PUBLIC ENTITY CRIIE STATEMENT
A person or affiliate who has been placed on the convicted w;ndor 1st following a conviction for a public entiy
crine may not submit a bid on a confratt to provide any goods or services to a public entity, may not submit a
bid on a con1ract with a pmIc entity for the canstruction or repsir of a pt.mIc building or public work. may not
submit bids on leases of real property to pubic entity. and may not be awarded or perform work as a
,",,*,badDr. ~,~.bactor. orconeullanlll1deraoonlradwilh any publcEriily. and may oottrausact
business with any public entity in extllllrJ fI the thleshokI amount provided In SectIon 2ff1.017, for CAlEGORY
TWO ($3000.00) for a period rl38 manIhs from the data fI being placed on the convicted vendor list.
XIV. TERMINATION
If the Vendor fails to fuIfI the terms of this agl"8&'l'&1t, or atIachments, propeI1y or on time, otherWise violates
the provisions fib agreemeIlt, the Ccu1ly may termiltaIB the conIraCt by wriIlBn notice. The notice shall
sp8(:iy cause. 'The Ccu1ly sh8I pay the wndor the \iUllbliCl price for goods deIVeIed but not paid for on the
d8IB d wminaliol.. less..,...... d damages (;81'" by 1h8 Vendar's bre8r.h. 11hose cIamage6" RIOI8
than 1he amount due the Vendor 1hen the Vendor remains liable to the CoIriy for the excess 8JI1CU1t. .
XV. APPUCABLE LAWS AND VENUE
.
This collb3c;t,is governed by the laws rlthe SI8Ie ofAorida- Venue for arrt IitigaIion arising under this co.fbid
. ,- Ccu1ty, Florida.
#Bf:J~'~
i~'~~ ,;~' ,\.' &:q,.: \~ parties heIelo have execuIBd this agJeemeIll the day and year first abo\I8 wriIteI.,
.. _ _' :; ,,~ 'o(:~:"~ ;".: '.:' '.:' \ ',~~:.;;-~"",~ .
(Seal) ,', '>., ",J, n BOARD OF COUNTY COItWISSIONERS
, Attest:DAHW'-~.~OI..HAGE. CLERK MONROE COUNTY, FLORIDA
-G.~J ~~~ '
, BY
DATE:
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MONAOECOUNTYATTOANEY
A1WROYED.AS F:
r.;~~)A f' _. IJ
ASSISTANT.PO~NTY ATlOANEY
Date T' ,) - ()+ .
(CoI~. Se8I)
AtI8st
Page 4 of 12
RISK:MANAGDUNT
POUCY AND PROCD1JRES
CONTRACf ADMINISTRATION
MANUAL
GeMrallIIsaruee :ReqlllreJDellts
.r
OtIIerCeatraeton ... S.....traeten
As a ~ of the work go~ or the goods ~ UDder this CODh1d (mcluding the pre-6taging of
per90lIDCl and material), the CoDlraCtor s1Bll obtain, at hisIher own expense, iDsmaDce as specified in my
~ schedu~ which are made part oftbis contract. The Coatractor will ensme that the il'mw.nce oblainEd
will emul pro1ection 10 aD Soboodk..1ID eagaged by" Cua8aca. As. altet'l...ive. tile CuuhadDr IDly
require aD Subcontradms to obtain ir.Isumol:e co~ wid11b8"~ sdIedules.
The CoJd:rae:tor will not be '*:- to OOhlll.lAnCe wort ~wmed by this ~ (JPr.1nrHI1g p:e-staging of
persDDDeI ami ~ UDtil satisfiIctory evideDceoftbe lequired immance has been :tbmisbed to the ColBy as
~ below. Delays in the CQ."h~ of~ JeSPltblg fiom the:6dlm:e oftbe Coutractorto provide
,..~evidlmce ofdle I~ed ios"lI"'~ sI8Il DOt eJdIlIId ~ speeified in this \iUJ.6act aDd my
peDRlJie.q aDd fiIiIure to petimn ~neatS sIa1I be iwposed as if tile wort co.."'.V'ftI'.P.I} on the specified date
and tiInt; except fur the Co.abadots:fi1ilure to provide ~ evidence.
The CoDtraCtor sbaU mainmin the tequited iDsurance tbroughout the entire term oftbis oo.uttact and any
extensions specified in the attacl1ed scbedu.les. Failure to comply with tbicJ ptovjsion mayresolt in the
immed;'lfe suspension of all work UDfil the required insurance has. been :reinstated or rep~, Delays in the
completion ofWodc JP..ClIl1tir1g fiom the :fiJiIme of the CoBhcd.or to mAintain the requiied iDstmmce s1IaIl DOt
eDeDd c)ea(J1ines specified in this contract aDd any J"'A1tie.c& aod fiUlure to ped~.rm 8sseS~lil~db man be
imposed as iftbe work bad not beeD ~ except fur the Cou&ractor's:fiUlme to lPlinhlin the required
insurance.
The Conbador sbaU provide, to the County, as SSIti~ry evidence oftbe iequirediImmaace, either:
. Certificate ofInsunmce
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a \Nltiti<<l copy of any or aD iosurance policies requited
bytbis ..wha.
All insm1mce policies iwst specifY that they are not subject to C8DCe1JatJnn,. mn-l'eIIeW8l. material,cbaDge, or
reduction in coverage unless a mininnnn of thirty (30) days pior notific9tiAn is given to the CoUDty by the
iDsurer.
The~ audlor approwl of the ~s iD:iutaDce sI8Il not be OODSUueda relieving the C<di6Ctor
from any IialiIiy or obligation assumed UDder this comact or imposed by Jaw.
The Monroe County BoardofCounly CommiWn~ its employees and officials will be included as
"AdditioDal llLU'ed" on all policies, except for Worlrers' CompenSation.
Any de-viatilDs ftom these <JeoeraI Imurance ~e~lI1leIll.1IDlt be requested in writing on the County
~ mmc;od.;,1P4 ....aat fer Waiver.fIasuuee~. and ~ by Monroe County
Risk Management. ,
Page 5 off 2
, '
GENERALLlABD.JTY
INSURANCEREQUJRDUNTS
FOR
CONTRACf DIESEL fUEL a IJNLEADED GASOLINE SUPPLRR
BETWEEN
MONROE COUNTY, J'LORIDA
AND
Diea Oil c...,..,., UC
Prior to the colllllJeDCe1]1eD of-work governed by this contract, the Contractor shall obtain General Liability
Imw~ Covaage sbaU be maintained throughout the life of the contract and ~ as a miDimum:
. Piwni9cs ~
. Products aod ~ Opemtiom
. BIaobt 0dladDa1 L>>bility
. PeISOnal I:rgury Liability
. ~ Ddiuition of Property Damage
1be 1II;.t;'hllllfllimits accepQbIe shaD be:
$1,000,000 Combined SiogIe Limit (CSL)
'If split 6mits are provided, the minimnm limits acceptable sball be:
$ 500,000 per Person
$ '1,000,000 per Occurreuce
$ 100,000 &ope.iy Damage
An Occurrence Form policy is prefen'ed. If coverage is p:ovided on a Claims Made policy, its provisions '..'
should include oowrage tOr claims filed on or after the effective date oftbis contract. In addition, the period for
which claims may be reported should extend for a minimum of twelve (12) months iOllowing the acceptata.e of
wort by the Comd:y. '
The Monroe CoUDty Board of County Commissioners sbaIl be mnned as Additioual Insured on an policies
issued to satSY the above rel(p.drenle1Jts.
GL3
Page IS ofl2
WORKDS'mMPENSA11ON
INSDRANCK DQUJRDIENTS
. lOR
CONTRACT DD'SI:L ftJEL 4 UNLEADED GASOLINE SlJPPI,Ra
DTWEEN
MONROK C01JNTY, I'WRIDA
AND
DiDII 01 C....-." LLC
Prior to the coIlJlDeIlCeWeDt ofWOlt gow:med by this contract, the Co.uha..:tor sball obtain Worlters'
~Iusumu;e with lima ",.m.:iecd to. <<:spood 10 the appticable slam ld~.utA
In addition, tbe Co.uan..1uc shaD oIJtain Employers' r ..hility Instnnce with limits of DOt Jess than:
$500,000 Bodily Tnillll'V by ~
$500,000 Bodily ~ by Jmease, Hey limits
$500,000 Bodily flVury by D&ease. ~ employee
Covemge sbaB be .~i'''..~r~ ~.tbe emir:e termof1he ~-dd.
Cowrage shall be proftJed by a oonpmy or c:ompanies &itOO.iad to tramact ~ in the slate of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the
CoUDty sbaJl IeCOgnize and honor the CooDactor's status. The Contractor.may be teqUiIed 10 submit a Letter of
Authorization issued by the Depa..tnJe1il of Labor and a Certificate of~ provid.i:og details. on the
Contractor's Excess Insuraoce ProgIam. . ".
If the Co.aba..:toJ: pal6cipatt:s in a selt:iusurcuU:; fund, a Certificate offu&utau.e will be required. In Addition.
'the Contractor may be required to submit updated fina1)Cial, staternerQ ftom the fund upon request :from the
County.
. WC2
Page7ofJ2
. .
, '
VEIIICU LlABBn'Y
INSURANCE REQIJIRDBNTS
, li'OR
CONTRACI' DIESEL ftJEL A mR.EADED GASOLINE SUPPLID
B'I'WDN
MONllOE COlJNTY, n.oRIDA
AND
Dioa 01 C..,..,., LLC
RecogoiziDg that the work gowmed by this CODIr8Ct JeqUires the use of vehicles:. the C()tItrAdnr,. prior to 1hc '
C(n"I~~ ofwart,.... oblail Vehicle' iAbaiy IDsaraDce. Cowage shan be mAi,..~inec1 tlaougboutthc
Jim oftbe ~.d.. ioclude, as a ,iM.dm.wrt, liability CCFftI.'8ge :Dr:
. Owned, Non-OwDed,. aDd Hired Vehicles
The u&iuiBlomlimits aeceptable shaD be:
Sl,.~OOO Co.OOiDed Single Limt (CSL)
If split limits are provided, the minimnm Iimits acceptable sbaIl be:
$ 500,,000 per Person
SI,.~OOOper,n-u~
$ 100,,000 Property DImIIge
The Monroe CouDty Board ofCoUDtyCnmrllRinners sbalI be ~ as ,Additioml Insured on ~ policies
iW1ed to satisfy the abo'W' Jeqbireme11ts.. ... .
VL3
Pttgelofl2
,'..
IL\7.ADOUS CARGO 11tA.NSPOllTDS UABILITY
INSUIiANCI: DQ1JJRDUNTS
.fOR
CONTllAcr IR..UL flJl:L.I IJNLUDD GASOLlNJ.:SUPPLIER
BE'I"WEEN
MONROKCOONTY, nDRIDA
AND
DIM Oil C.......,
Prior to the (;(Iol~h.6ICaDe11tofWOlk gowmed by this ~ b ~~ sbaB purchase Pollution. I...biIity
~whichexlN"to. ....~of1oxE 8Dd Imardous tW~W b.r.....~ ~ In ~Iiaoce
with the Motor Carrier Act, the policy should be emIorsed with an MCS-" EndmSf'11le11t. OOtll__atiD&
finAJWRJ'respoosibiIity Jbr spIIs aod cJeao..up. Any poJludon eamlnPm Jimitiqg co-wnge lJIIiIe:rthis policy
shall be removed. ·
The .....~;....Jm .limits KCOptable sImJI be:
Sl~OOO~OOO pel' Oceurreoce
VLP3
Page 9 of 12
LOBBYING AND CONFUCT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 018-1990
MONROE COUNTY, FlORIDA
ETHICS CLAUSE
.
5u:zJ~~J~ -A. Blh})C3
(Company OfficerJPaJtnerndivkkJaJ)
.
warrants.that heIit has not employed. retained or otherwise had act on hisIfts behalf arrJ former County otIicer (
employee in violation of Section 2 of Ordinance No. 01()..1990 or any County officer or employee In violation of Section
of Ordinance No. 010-1990. For I:xBach or violation of this provision the County may. in iIs dlsc.dion. tenninate thi
Agreement wiIhout IiabIft.y and may also. in lis discretion. deduct from the Ageement or purchase prk:e. or oIheIwJs
reccwer, the full amount of any fee. commission. percentage, gift. or consideration paid to the former County oIIicer c
employee-.
xl;:;;"-J.--A--;);) '7!5 iN- L
(Signature)
Date: 3" I~ ;. Ol ~).7
STATE OF: ~I-JbA
COUNTY OF: c'L''LJ)J~ ,'LDi-"tp:J)€..
$Jbscribed and sworn 10 (or afIinned) before me on ..:.~- I S' - l.. \\ \')1
(dale) by <:?~ -c.. ann 0 D l?:>\Ul \t, (name 01 affiant). --NeIShe Is personaIy
known to me ~1Ia6 f31'8EM;es
--
-~.. 'flWv<< klalliifieslian-)
<C___Q tC ~
NOTARY PUBUC ~
My commission expires:
EllWDR.1IJ2'A
.~r1'SSlnI[l)50&917
EJIIBtFelllBy 11. ano '
.........,~.........
Pap ~O of 12 ,
NON-COLWsION AfFIDAVIT
I, oS l' .::i-A:'L 1L~ .b .-t)4<.tbt1he city of . k!-~~ lL'€"-S..T according to law c
my oath, and under penalty of petjuy. depose ~ say that
1. 'am .vl' ~ .bJljJ &RlbLAT/~~/ /)UI:AJlt64~ hlC/'-
of the firm of bIn!..) LJL . It 1)01 P JH.J!j LJ-l!..
~ the Bid for the ~project described in the_fiecIuest for Bids for: rr~-L6 6
h/~~QL Ft.1i.L <1 QQLtA.AEA(,~OL~StJffl.J~ , ancIthatl
executed the saki Bid willi fuI authority to do so:
2. The prices in this bidlBid have been arrNed at independently without collusion. consultation
oommtDcaOOn or agreement 1br the purpose d restricting competitioo. as to any matter relating t<
such prices wilhany other bidder or with any competitor. :
3~ Unfess otherwise required by law, the prices,and pereentage of return which have been quoted ir
this bidIBid have not been knowingly disclosed by the I'8SpOI1der and will not knowingly be
disclosed ,by the respondei prior -to bIdJBfd opening. direclly or irKfuedfy, to any other
bidder/responder or to any competftcr. '.
4. No attempt has been made or will be made by the bidder/l'8SpOl1der to induce any other person,
partnership or COl'pOratfon to submit, or not to submit, a bidlBfd for the purpose of restrk:ting
competition.
5. The statements contained in this affidavit are true and COf'J9Ct. and made with full knowledge that
Monroe County refres upon the truth of the statements contained in this affidavit in awarding
contracts for the projec:tIseJvic. '
/. ~.5 0'':&~ ..3-/..::r~()07,
Signajure ~)_" CLi~ ",~'(Oate)
~ 1/;1;>1 '!1'J ,<Xg- ff(~,! el3, !JllJA.J 0/ L c.an<.P/i"Uj Ll,<!..
STATE OF: ~hA
COUNTY OF: h'l..lJvLOi-
PERSONALL YAPPEARED BEFORE ME. the undersigned authorJty~ \) ~~. who, after
first being sworn by me. (name d individual signing) affixed hisIher signature in the space provided above on
this IS day 01 rYlS.Yt\n. 20.12.
~&
--NOTARY PUBUC
Page 11 of 12
~JLBa7A .i
ur~~'1JD5Of917
BfIR..-..,11.28tO
....,......,'*'laIIIlindn
DRUG-FREE WORKPLACE FORM
The undJ:ni~ . in accordance with Florida statute 287J187 hereI:tj certifies that:
~JUA)' oiL, C/;}'IL ~ L~ '
(Name of BusIness)
1. PublisheS a statement notifying employees that the unlawful manufacture. distribution. . d'1Spet1Sing
possession. or use of a oonbolled substance is prohibited in the workplace and specifying the actions that wil
be taken against et'TIpIoyees for viofations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace. the business's policy d maintainin,
a dnJg-free workpJace. any available drug counseling. rehabilitation. and employee assistance programs. 8n<l
the penaltieS "at may be imposed upon employees for drug abuse violations,
3. Gives each ~ engaged in provid"Dlg the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
'.
4. In the statement'specified in subsection (1). notify the ~ that. as a condition of working on the
commodities or contmcIuaI services that are ..... bid, the employee will abide by the terms of the statement
and wiD notify ~ employer d any conviction of. or plea of guHty or nolo oonlendere to. any violation of Chapter
893 (Florida Statutes) or of any controlled substance law of the UnIted'States or any s1ate. for a vfoIaIion
occurririgin the workplace no later than five (5) days after such conviction.
5. Imposes 8 sanction on, or requires the satisfactory participation in a drug, abuse assistance or reh8bi~,
program if such Is available in the empIoyeE!'s community, or any employee who Is so convicted.
6. Make a good faith effort to continue to maintain a dnJg-free workplace through implementation of 1I1is
~.' .
As the. person authorized to sign the slatement, I certify that this firm comprleS fully wi1h the abOve
requirements.
x!4 t--..J. ~~~~
.v r~~ 1:JJC,V ~C;fUt7!EIIJ
~-A-NA6-.I,uy YK.~u.... A,lUJ CJ/6
STATE OF: ft-.O.u bl+
-3- / oS -d.LY::J7
Date
t!..onLfJ~ '1 . U.J!..
.
COUNlY OF: YIt.J) IJ/lIJ€-
PERSONAllY APPEARED BEFORE ME,1he undersigned authority~~,,~ \)~,,~ who. after
first being swam by me, (name of individual $igning) affixed hislher signature in the space povided above on
this / S dayct ' YYf fl. yr\... 20..01...
~((~.
NOTARY PUBLIC .
My Commission Expires:
Page U of 12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: March 17, 2010
DIVISION: Public Works
BULK ITEM: Yes x No
DEPARTMENT: Animal Control
STAFF CONTACT PERSON/PHONE NO.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of a Resolution authorizing agents of the Animal Control
Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and
to issue citations for violations of the Monroe County Code including requiring appearance for
disposition in County Court.
ITEM BACKGROUND: Authorized animal control agents are appointed to enforce Chapter 4 of
the Monroe County Code and Section 828 of the Florida Statutes, issue citations for fines and/or
attend court. Per Sec. 828.03(2), F.S., their appointment is to be approved by a county or
circuit judge. This Resolution provides the court with an up-to-date list of certified animal control
officers currently authorized in this regard.
PREVIOUS RELEVANT BOCC ACTION: Approval of previous Resolutions appointing animal
control officers.
CONTRACTMGREEMENTCHANGES: ~a.
STAFF RECOMMENDATION:
Approval.
TOTAL COST: $ n/a
INDIRECT COST:
n/a
BUDGETED: Yes:
No:
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
REVENUE GENERATED: Yes
No x
APPROVED BY: County Atty:
OMB/Purchasing:
Risk Management:
DOCUMENTATION: INCLUDED: x
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
RESOLUTION NO.
-2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING AGENTS OF THE ANIMAL CONTROL
CONTRACTORS TO ENFORCE CHAPTER 4, MONROE COUNTY CODE, AND
CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR
VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING
APPEARANCE FOR DISPOSITION IN COUNTY COURT.
WHEREAS, Florida Statutes Section 828.03 provides that agents of any society or association for
the prevention of cruelty to animals may appoint agents for the purpose of investigating violations of
Chapter 828, F. S., or any other law of the state for the purpose of protecting animals or preventing any act
of cruelty thereto; and
WHEREAS, Monroe County Code Section 4-37(b) provides that Animal Control Agents of
corporations and associations contracting with Monroe County may be authorized by the Board of County
Commissioners to investigate violations of Chapter 828, Florida Statutes, and of Chapter 4, Monroe County
Code; and
WHEREAS, Section 4-38, M.C.C., authorizes animal control agents to enforce the provisions of
Chapter 4 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines
and/or requiring appearance in court; and
WHEREAS, Section 828.073, F.S., authorizes any law enforcement officer or any agent of any
county or any society or association for the prevention of cruelty to animals to take custody of any animal
"found neglected or cruelly treated" or to order the owner to provide certain care to the animal, and then to
petition the county court judge for a hearing, with no fee to be charged for filing the petition; and
WHEREAS, Section 828.073(5), F.S., provides for the Court to consider the testimony of the agent
or officer who seized the animal and other witnesses as to the condition of the animal; and
WHEREAS, said Section 4-37(b), M.C.C., requires the appointments to be approved by a county or
circuit court judge, in compliance with Section 828.03(2), F.S.; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONRE COUNTY,
FLORIDA
1. That the following animal control officers are authorized to investigate any violations of Chapter 4,
Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said chapters, or
to require appearance in court, and to present testimony for disposition of any such violation in county
court:
Marsha K. Garrettson
Michael J. Colman
Mariela Care
Carey LaRosa
James Phillip March II
Linda Gottwald
Katie Bentley
Lyndsey Varvatos
Luann Huff
Elizabeth Heflin
2. That this Resolution shall be forwarded to the Chief Judge of the Circuit Court for assignment to a
judge to review for approval the appointments designated herein.
3. That the mayor of Monroe County is authorized to execute certificates of appointment for the agents
designated herein.
4. That this resolution shall take effect upon its approval the date written below.
PASSED AND ADOPTED by the Board if County Commissioners of Monroe County, Florida, at a regular
meeting of said board held on the day of ,2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
,
ATTEST: Danny L. Kolhage, CLERK
By:
By:
Deputy Clerk
Mayor Sylvia Murphy
ASSISTANT COUN
Dat8__-
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17.2010
Division: Public Works
Bulk Item: Yes .x..... No
Department: Engineering
Staff Contact PersonIPhone #: Judy Clarke X 4329
AGENDA ITEM WORDING: Approval to advertise for construction bids for the Boca Chica Road
Restoration project. The consuuctioIl will be funded by the Federal Emergency Management Agency
(FEMA).
ITEM BACKGROUND: A portion of the road was damaged during Hurricane Wilma. Staff has
worked with FEMA to determine scope of work and mitigation that will be reimbursable as a result of
Hurricane Wilma disaster declaration.
PREVIOUS RELEVANT BOCC ACTION: BaCe approved a contract with MBI K2M to design
repairs to Boca Chica Road in June 2007.
CONTRACT/AGREEMENT CHANGES: not applicable
STAFF RECOMMENDATIONS: Approval to advertise for bids.
TOTAL COST: $800
INDIRECT COST: nla
BUDGETED: Yes -LNo_
DIFFERENTIAL OF LOCAL PREFERENCE: nI?,
COST TO COUNTY: $800 SOURCE OF FUNDS: 102-20001-530498
REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year_
APPROVED BY: County Att$.! OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required~
DISPOSITION:
AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2010
Division: Public Works
Bulk Item: Yes -X- No
Department: Engineering
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval by resolution of Amendment One to the Joint Participation
Agreement (JP A) with Florida Department of Transportation (FDOT) to increase the total contract
amount by $250,000 to fund operation of the Pigeon Key Ferry through June 2011.
ITEM BACKGROUND: FDOT agreed to provide funding for the Pigeon Key Ferry Service upon
closure of the Old Seven Mile Bridge. The existing JP A provided $750,000 funding for the service
from June 2007 through June 2010.
PREVIOUS RELEVANT BOCC ACTION: BOCC granted approval to advertise for a request for
proposals for temporary ferry service at December 20, 2006 meeting (item 0-4). BOCC approved
rejecting proposals and re-advertising for proposals for the temporary ferry service at the March 21,
2007 meeting (item D-19). BOCC granted approval to enter into a Joint Participation Agreement (JPA)
with Florida Department of Transportation (FDOT) to provide $750,000 to fund the ferry service for a
three year period at the June 2007 meeting (item C-25). The ferry contract was approved by the BOCC
on November 14, 2007; BOCC approved four additional six-month terms to extend the contract to
December 30,2008, June 30, 2009, December 31,2009 and June 30, 2010.
CONTRACT/AGREEMENT CHANGES: Increase total contract amount by $250,000.
STAFF RECOMMENDATIONS: Approval of Amendment One as stated above. Resolution will be
Exhibit E on JP A.
TOTAL COST: $250,000 INDIRECT COST: _n/a_BUDGETED: Yes LNo
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable
COST TO COUNTY: $0
SOURCE OF FUNDS: FDOT Grant
REVENUE PRODUCING: Yes
No ---X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management_
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
FDOT
Contract #_
Effective Date:
Expiration Date:
AOQll
6/29/07
6/30/2011
Contract Purpose/Description:
Amendment One to Joint Participation agreement with Florida Department of
Trans ortation to rovide fundin for tem orar ferry service to Pi eon Key.
Amendment One increases fund in b 250000.
Contract Manager: Judy Clarke
(Name)
4329
(Ext.)
En
for BOCC meet in on
3/17/2010
A enda Deadline: 3/02/2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 250,000
Budgeted? Yescg] No D Account Codes:
Grant: $ 250,000
County Match: $ 0
Current Year Portion: $ 250,000
12.5 - 2.2.'52:)- ':5 ?:>tf-/Cto-b D 070/ - 5,&)3'10
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 ~> II }, 0
Risk Manag.\ment ~
pJk ~ ~*-\'
O.M.B ./Purchasing ().. -9..~ ~IO
Changes
Needed .--./
YesD Nolli
YesD NO~
YesD Nod
YesD No[X] C~'wtur'~tQtptf~6f.1Yl'l7DOJ,
Date Out
3/, 10
3~ ;}.t:N ()
[)
County Attorney c9/~O
Comments:
OMB Form Revised 2/27/0 I MCP #2
RESOLUTION NO.
-2010
EXHIBIT E
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING AMENDMENT ONE TO
THE JOINT PARTICIPATION AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF
MARATHON, FLORIDA AND PIGEON KEY.
WHEREAS, State of Florida Department of Transportation, a component agency of the
State of Florida ("DEPARTMENT") and Monroe County, a political subdivision of the State of
Florida ("COUNTY"), entered into Joint Participation Agreement AOQll, executed on June 29,
2007 (the "Contract"), incorporated herein by reference, to provide temporary ferry services for
the waterborne transport of passengers and goods, programmed under Financial Project Number
414545-1-58-01 ("PROJECT"); and
WHEREAS, the Contract was entered into by both parties pursuant to the approval by
the DEPARTMENT and the COUNTY Commission by Resolution No. 207-2007, adopted on
June 20, 2007, in the total amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for
the PROJECf costs; and
WHEREAS, it is necessary to increase the total Contract amount by Two Hundred Fifty
Thousand Dollars ($250,000.00) to provide additional dollars needed to fully fund the
DEPARTMENT's share of PROJECT costs as identified in the attached Exhibit 'Bl', 'Amended
Financial Sumrnary', which is herein incorporated by reference; and
WHEREAS, the Department has programmed funding for the Project and has agreed to
reimburse the County for eligible Project costs up to a maximum amount; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
SECTION 1: Amendment One to the Joint Participation Agreement between the State of
Florida Department of Transportation and Monroe County, Florida is hereby approved.
SECTION 2: Upon execution, this Resolution shall be marked as "Exhibit D" and made a
part of the Joint Participation Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 17th day of March, A.D., 20 I O.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario DiGennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPR~ED AS TO FORM:
0'\: t. ~ r t Q U'1-f-~"f(J1p I G.\
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date ~l"^~ [ ( [)
AMENDMENT ONE TO JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND MONROE COUNTY
This Amendment One to that certain Joint Participation Agreement AOQ11, executed on June 29, 2007 (the
"Contract"), incorporated herein by reference, between Monroe County, a political subdivision of the State of Florida
("COUNTY"), and the State of Florida Department of Transportation, a component agency of the State of Florida
("DEPARTMENT"), to provide temporary ferry services for the waterborne transport of passengers and goods,
programmed under Financial Project Number 414545-1-58-01 ("PROJECT"), is entered into this _ day of
,20_.
RECIT ALS:
WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of
the COUNTY Commission by Resolution No. 207-2007, adopted on June 20,2007, in the total amount of Seven Hundred
Fifty Thousand Dollars ($750,000.00) for the PROJECT costs; and
WHEREAS, it is necessary to increase the total Contract amount by Two Hundred Fifty Thousand Dollars
($250,000.00) to provide additional dollars needed to fully fund the DEPARTMENT's share of PROJECT costs as
identified in the attached Exhibit 'B1', 'Amended Financial Summary', which is herein incorporated by reference; and
WHEREAS, the COUNTY Commission has adopted Resolution No.
20_, to increase in the total Contract amount from $750,000.00 to $1,000,000.00;
on
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated June 29,2007, is hereby amended as follows:
Financial Provisions shall be increased by an amount not to exceed Two Hundred Fifty Thousand Dollars
($250,000.00). The contract total shall not exceed One Million Dollars ($1,000,000.00).
Exhibit "B" shall be supplemented by the increased amount of Two Hundred Fifty Thousand Dollars
($250,000.00) in the attached Exhibit 'B1'.
All other terms and conditions of the Contract are in effect and remain unchanged.
MONROE COUNTY:
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORT ATION:
By:
By:
COUNTY Mayor
ATTEST:
(SEAL)
District Secretary
By:
ATTEST:
(SEAL)
By:
COUNTY Clerk
Executive Secretary
LEGAL REVIEW
B~ito oQ ~A Qjp tf- & 'l(r{&1 JI~
~gY!~ld EA3957J~TY ATTO R N EY
dPPRO~D AS TO FORM:
Lilli.; 1- 0 viI- -&t01(iC1D
CHRISTINE v'CUMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
oat'\; ~~ IJA
cc: F. Guyamler; . Cr I
LEGAL REVIEW:
By:
District Chief Counsel
EXHIBIT 'B1'
AMENDED FINANCIAL SUMMARY
FY 06107
(Current AmountL_
$750,000.00
FY 09/10
$250,000.00
TOT AL: $1,000,000.00
2
....~~ tf";,..",~.,.,,,~. ~N"':i.:""'" Ii\. -... " .~-.1J' A'lo-. .t~r>1I
,G/I "'"'.:~wi~iJ w . i,'''iZ~ ~~lP~a'\;.~~~ S -U~~
._,~.. _'_~.__... u. _.~ __ . _ ".. . _ '_ ...
Contract #: AOQ! I
CSFA #: 55.023
JOINT P ARTICIP A TION AGREEMENT
BElWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
TIDS AGREEMENT is made and entered into this ;!. -rtaay of \Tu.ne- , 2007,
between the State of Florida Department of Transportation, a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT', and Monroe County, a political
subdivision of the State of Florida, hereinafter referred to as the 'COUNTY'.
RECITALS:
WHEREAS, the DEI> ARTMENT has jurisdiction over and maintains the State Road 5/
Old Seven-Mile Bridge (hereinafter the 'BRIDGE') from the City of Marathon to Pigeon Key in
Monroe County; and
WHEREAS, the DEPARTMNENT has deemed the BRIDGE structurally unsafe for
pedestrian and vehicular traffic and will close it for upcoming BRIDGE rehabilitation
improvements; and
WHEREAS, upon BRIDGE closure, access to Pigeon Key will be restricted to water-
based methods of transportation; and
WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a non-
profit organization devoted to marine education and historic interpretation of the Florida Keys'
heritage; and
WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key
to permit the Pigeon Key Foundation to continue its educational and historic functions without
unreasonable interruption throughout BRIDGE rehabilitation, the DEPARTMENT and the
COUNTY have agreed to provide temporary ferry services for the waterborne transport of
passengers and goods, hereinafter referred to as the 'PROJECT', the individual elements of
which are outlined in the attached Exhibit "A", 'Scope of Services', which is herein incorporated
by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
financial Project Number 414545-1-58-01, and has agreed to reimburse the COUNTY for
eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit
"B", 'Financial Summary', which is herein incorporated by reference; and
Page 1 of 13
Jomt Particlpatlon Agreement between the FlOrida Department of Transportation andlfonroe County.
Fmanclal ProJi:cr ."wl/ber -I} -15-15,1-58,01
WHEREAS, the COUNTY has agreed to administer, supervise and inspect all aspects of
the PROJECT; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The COUNTY shall submit this Agreement to its County Commission for
ratification or approval by resolution. A copy of said resolution is attached
hereto as Exhibit "C", 'Resolution', and is herein incorporated by reference.
b, The COUNTY shall advertise for bid, let the contract, administer, supervise
and inspect all aspects of the PROJECT until completion, and, as further
defined in Exhibit "A", 'Scope of Services'. The COUNTY shall complete the
PROJECT on or before June 30, 2011. All aspects of the PROJECT must be
performed in compliance with all governing laws and ordinances and are
subject to oversight and inspection by the DEPARTMENT, at its sole
discretion.
c, The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT
costs as defined in Exhibit "B", 'Financial Summary', and in accordance with
the financial provisions in Section 3 of this Agreement.
d. The reimbursement of PROJECT costs is contingent upon the COUNTY
maintaining public access to Pigeon Key's Historic District throughout
BRIDGE rehabilitation, Pigeon Key's Historic District is described in the
National Register of Historic Places nomination form (dated 1990) as follows:
"Lot 1 of Section 13 of Township 66, south of Range
31 East, containing 5 31/100 Acres as recorded in OR
15, page 374. Actual acreage will vary as mean high
water mark is re-evaluated every twenty years."
Page 2 of 13
JOll7t PartiCipatIOn .lgreement between the Florida Department o/TransportatlOn and Afonroe Count)',
Flllanclal Preyect Xumber -1/4545-1-58-01
3, FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000.00), as outlined in Exhibit "B",
'Financial Summary'. If additional funding is required, contingent upon
DEPARTMENT approval, a supplemental agreement between the
DEP AR TMENT and the COUNTY authorizing the additional funding shall
be executed prior to such costs being incurred.
b. The DEPARTMENT agrees to pay the COUNTY for the herein described
services at a compensation as detailed in this Agreement.
c. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the State Comptroller under
Section 215.422(14), Florida Statutes, or by the Department's Comptroller
under Section 334.044(29), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof
e. Bills for travel expenses specifically authorized in this Agreement shall be
submitted on the DEPARTMENT's Travel Form No. 300-000-01, and will
be paid in accordance with Section 112.061, Florida Statutes.
f Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for three years after final
payment is made. Copies of these documents and records shall be furnished to
the DEPARTMENT upon request. Records of costs incurred includes the
COUNTY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
g. Nothing in this Agreement shall be construed to violate the provisions of
Section 339.135 (6) (a), Florida Statutes, which provides as follows:
The DEPARTMENT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
Page 3 of 13
Jomt ParticJpat,on Agreemi:nt betw<,cn the Florida Department of Trans porta lion and J/onroe County,
Financw! Pro.ject.\umber -I145-15-1,58-0J
exceeding one year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than one year.
h. The DEPARTMENT's obligation to pay IS contingent upon an annual
appropriation by the Florida Legislature.
4. INDEMNIFICATION
To the extent permitted by Section 768.28, Florida Statutes, the parties agree to
indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a party or any of its officers, agents or employees. Further, the
parties agree to defend each other against any and all such claims or demands
which may be claimed and have arisen as a result of or in connection with the
parties' participation in this Agreement. Nothing contained herein shall be
construed to contradict the provisions of Section 768.28, Florida Statutes, nor
shall this Section be construed to require either party to indemnify the other for
the negligent acts of the other.
5. GOVERNINGLAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
6. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the COUNTY expressed in writing, executed and delivered by each party.
7. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of applicable law.
8. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and
hand-delivered or sent by either registered or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
Page of of 13
Joint ParticipatIOn .~greement between th" Florida Department o(Transportat.'on and .\fonroe Count)',
Financial ProJect\'ullIber 41./5./5-1,58,0/
1000 Northwest 111 Avenue, Rm. 6111-A
Miami, Florida 33172-5800
Attn: Vilma Croft, P.E., FDOT Project Mgr.
Ph: (305) 470-5240; Fax: (305) 470-5205
To COUNTY:
Monroe County
1100 Simonton Street
Key West, Florida 33040
Attn: Judy Steele, P.E., Asst County Engineer
Ph: (305) 295-4329; Fax: (305) 295-4321
b. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
9. EXPIRATION OF AGREEMENT
The COUNTY agrees to complete the PROJECT on or before June 30, 2011. If
the COUNTY does not complete the PROJECT within this time period, this
Agreement will expire unless an extension of the time period is requested by the
COUNTY and granted in writing by the DEPARTMENT's District Six Secretary
or Designee. Expiration of this Agreement will be considered termination of the
PROJECT.
10. INVOICING
The COUNTY shall submit monthly reimbursement invoices to the
DEPARTMENT for review, approval and processing. The COUNTY must submit
the final invoice on this PROJECT to the DEPARTMENT no later than 120 days
after the expiration of this Agreement (October 28, 2011). Invoices submitted
after October 28,2011, will not be paid.
11. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", 'Audit Reports', are incorporated herein by reference.
12. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK __
Page 5 of 13
Joint Participation Agreement between the F70ndJ Department of Transportation and Jlonro,; County.
FInancial PrOject Sumba 414545-1 -58-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
;';<;:BV:~~WC.&v2J~
DEPUTY CLERK O(rJO~07 (SEAL)
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
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BY:
SECRETARY
AT~:' \~~;\0
EXEC ESECRETARY
LEGAL REVIEW:
COUNTY ATTORNEY
MONROE COUNTY ATTORNEY
ARPROYEQ AF, ~, f:,ORM:
L JvL~t_....:...l- ' U
CYNTH IA L. ALL
ASSISTANT COUNTY ATTORNEY
Date OCt,., (4 - c '1-~
cu:.W-.., CJ ~ ~
DISTRICT GENERAL OUNSEL
Page 6 of 13
Joint Participation Agreement betll'l'etI the f70nda Department ojTransponafion and Monroe County,
Financial Project ,".umher 4J.1545-J-58-0J
EXHIBIT "A"
SCOPE OF SERVICES
To provide temporary ferry services between the City of Marathon and Pigeon Key while the
Old Seven-Mile Bridge (SR 5) is closed fOT rehabilitation improvements. The COUNTY will let,
administer, supervise and inspect all aspects of the PROJECT. The attached detailed 'Scope of
Services' from the COUNTY's PROJECT Request for Proposals dated May 31,2007, is
incorporated herein by reference.
PROJECT Limits: SR 5/ Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Proj~t Number: 414545-1-58-01
County: Monroe
FDOT Project Manager: Vilma Croft, P.E.
COUNTY Project M~nager: Judy Steele, P.E.
Page 7 of 13
JOint Participation Agreemt!nt between the f70rida Department of Transportation and .\-Ionroe Count)',
Financial Pro,lect .\'umber 414545, ] -58-01
EXHmIT "B"
FINANCIAL SUMMARY
PROJECT services detailed in Exhibit "A", 'Scope of Services', are eligible for reimbursement
using DEPARTMENT funding as below-defined:
The DEPARTMENT's current Adopted Work Program allocates the following funding,
programmed under Financial Project Number 414545-1-58-01, for PROJECT completion:
Fiscal Year:
Amount:
Fund Tvpe:
2006/07
$750.000.00
District Dedicated Revenue (DDR)
DEPARTMENT Financial Contribution (Maximum Limiting Amount):
$750,000.00
Total PROJECT Cost Estimate:
$750,000.00
Page 8 of 13
Jomt PartiCipation Agreement between rhe Ronda Deparrment o/Transportation andlfonroe County,
FmanciOl ProJuct\'umber 414545- 1 -58,01
EXHIBIT "C"
RESOLUTION
To be herein incorporated once approved by the COUNTY Commission.
Page 9 of 13
Joint Participation Agreement between the Flortda Department of Transportation and Monroe County,
Financial Project Number 414545-1-58-01
RESOLUTION NO. 207 - 2007
"EXHIBIT C"
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING THE JOINT PARTICIPATION
AGREEMENT BETWEEN FLORIDA DEPARTMENT
OF TRANSPORT A TION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF MARATHON,
FLORIDA AND PIGEON KEY DURING THE
REHABILITATION OF THE STATE ROAD 5/0LD
SEVEN-MILE BRIDGE.
WHEREAS, the Florida Department of Transportation (the "Department") has
jurisdiction and maintains the State Road SIOId Seven-Mile Bridge (the "Bridge") from the City
of Marathon to Pigeon Key in Monroe County, Florida; and
WHEREAS, the Department has deemed the bridge structurally unsafe for pedestrian
and vehicular traffic and will close it for upcoming bridge rehabilitation improvements (the
"Project"); and
WHEREAS, upon Bridge closure for rehabilitation, access to Pigeon Key will be
restricted to water-based methods of transportation; and
WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key,
the Department and Monroe County (the "County") have agreed to provide temporary ferry
services for the waterborne transport of passengers and goods; and
WHEREAS, the Department has programmed funding for the Project and has agreed to
reimburse the County for eligible Project costs up to a maximum amount; and
WHEREAS, the County has agreed to administer, supervise and inspect all aspects of
the Project; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
SECTION I: The Joint Participation Agreement Between the State of Florida
Department of Transportation and Monroe County, Florida is
hereby approved.
SECTION 2: Upon execution, this Resolution shall be marked as "Exhibit C"
and made a part of the Joint Participation Agreement.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 20th day of June, A.D., 2007.
Mayor Mario DiGennaro
Mayor Pro T em Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
ATTEST: Darmy L. Kolhage, CLERK
By: Jha14C. ~~
Deputy Cle
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MONROE COUNTY ATTORNEY
Ar~ROI(E! A~ Tlli-OY:
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EXHffiIT "D"
AUDIT REPORTS
The administration of resources awarded by the Department to MONROE COUNTY may be subject to audits and/or
rnonitoring by the Department, as described in this section. For further guidance, see the Executive Office of the
Governor website. which can be found at: ,~,~'.:..t':~.I.:_:~X:'lL(j.l:,t:
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), rnonitoring procedures may include, but not be limited to, on-site visits by
Departrnent staff,. limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreernent, the recipient agrees to cornply and cooperate fully with any rnonitoring
procedures/processes deerned 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 staff to MONROE COUNTY regarding such audit MONROE COUNTY further agrees to cornply
and cooperate 'with any inspections, reviews, investigations, or audits deerned necessary by the Chief Financial Officer
(CFO) or Auditor General
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (ie, state, local government. or non-profit organizations as defined in OMB Circular A-
133. as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or rnore in Federal awards in its fiscal year, the recipient
rnust have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this agreernent indicates Federal resources awarded through the
Departrnent by this agreernent. In detennining the Federal awards expended in its fiscal year, the recipient
shall consider all sources of Federal awards, including Federal resources received frorn the Department. The
detennination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised, An audit of the recipient conducted by the Auditor General
in accordance with the provisions OMB Circular A-133, as revised, will rneet the requirernents of this part,
2. In COtUlection with the audit requirernents addressed in Part I, paragraph 1., the recipient shall fulfill the
requirernents 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 prO\isions of OMB Circular A-133. as re"ised. 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 pro"isions ofOMB Circular A-133, as revised, the cost of the audit rnust be paid frorn
non-Federal resources (i.e,. the cost of such an audit rnust be paid frorn recipient resources obtained frorn
other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Dornestic Assistance (CFDA) title and
number. award number and year, and name of the awarding federal agency.
PART ll: STATE FUNDED
Page 10 of 13
Joint Participation Agreement between the Flonda Department ofTransponation and.\Jonroe Count)',
FinanCial Project Xumber 414545-1-58-01
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
1. In the event that the recipient e~1>Cnds a total arnount of state financial assistance equal to or in excess of
$500.000 in any fiscal year of such recipient. the recipient rnust 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 CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT I to this agreernent indicates state financial
assistance awarded through the Department by this agreernent. In determining the state financial assistance
e~1>Cnded in its fiscal year, the recipient shall consider all sources of state financial assistance, including state
financial assistance received frorn the Department, 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 prograrn matching requirernents.
2. In connection 'with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit cornplies with the requirernents of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit rnust be
paid frorn the nonstate entity's resources (i.e., the cost of such an audit rnust be paid frorn the recipient's
resources obtained frorn other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
PART ID: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule
of prior year audit findings, including corrective action and current status of the audit findings is required.
Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is cornpleted
or the dispute is resolved, Access to project records and audit work papers shall be given to the FDOT, the
Cornptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of
any other state official.
Page 11 of 13
jOint Participation Agrecm<!nt between the Ronda Department a/Transportation and J[onroe County,
FinanclO! ProJect .\'umber 414545-1-58-01
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and
required by PART I of this agreernent 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 follo\\ing:
A. The Department at each of the follo\\ing addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
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-B3, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A -133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreernent and
conducted in accordance \\ith OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-B3, 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 e},:penditures of Federal awards directly to each of the follo\\ing:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (t), OMB Circular A-B3, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any managernent
letters iSSUed by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
3. Copies of financial reporting packages required by PART IT of this agreernent shall be submitted by or on
behalf of the recipient directly to each of the follo\\ing:
A. The Department at each of the follo\\ing addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
B. The Auditor General's Office at the following address:
Page 12 of 13
Jomt Participation Agreement between the FlOrida Department ofTransportalton and .Honroe County.
Fmancial Project ;\'umber 414545-1-58-01
Auditor General's Office
Roorn 401, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the managernent letter required by PART III of this agreernent shall be submitted by or on
behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
5. Any reports, managernent letter, or other information required to be submitted to the Department pursuant to
this agreernent 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.
6. Recipients, when submitting financial reporting packages to the Department 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 tlle recipient in correspondence accornpanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records dernonstrating its compliance with the terms of this agreernent for a
period of at least five years frorn the date the audit report is issued, and shall allow the Department, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that
the independent audit working papers are made available to the Department, or its designee, the state CFO, or
Auditor General upon request for a period of at least five years frorn the date the audit report is issued, unless
extended in writing by the Department.
Page 13 of 13
Jomt PartiCipation Agrl:t?ment between the Florida Department o(TransponatiOn and.\fonroe Counry.
FinancIal Pro/,xt -"umber -11-15-15-1-58,01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February .2010
Division: Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact Person: John W. King/292-4531
AGENDA ITEM WORDING: Approval of Consent to Assignment and Assignment and Assumption
Agreement by The Guidance Clinic of the Middle Keys, Inc. to Guidance/Care Center, Inc.; and
Approval of a Renewal Agreement with Guidance/Care Center, Inc. (formerly The Guidance Clinic of
the Middle Keys, Inc.) for wastewater treatment processing from the Marathon Detention Facility.
ITEM BACKGROUND: On July 1,2008, The Guidance Clinic of the Middle Keys and The Care
Center for Mental Health, Inc. merged and amended the name of the surviving company to be
Guidance/Care Center, Inc. and are also consenting to the assignment and requesting Monroe County
consent to this assignment and assumption of this lease.
The lease between Monroe County and Guidance/Care Center, Inc. for use of the wastewater treatment
plant by the Marathon Detention Facility expires on March 6, 2007. In accordance to Article 1 of the
original Agreement dated March 7, 1990, the lease may be renewed for ten successive three year terms,
after the initial five year term. This will be the fifth renewal option leaving five additional successive
three year terms available.
PREVIOUS RELEVANT BOCC ACTION: On March 7,1990, the BOCC approved the original
five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the
Marathon Detention Facility. On April 19, 1995, the BOCC approved an amended Agreement for an
additional three years, with renewal options. On February 11, 1998, the BOCC approved the second
three-year term, and on February 21, 2001, the BOCC approved the third three-year term. On August
15,2001, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly
routine maintenance charges from up to $300.00 per month to up to $500.00 per month. On February
18, 2004, the BOCC approved the fourth three-year renewal term. On April 18, 2007, the BOCC
approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance
charges from up to $500.00 per month to up to $580.00 per month.
CONTRACT/AGREEMENT CHANGES: Assignment and Assumption Agreement and Renew
Agreement to commence on March 7,2010 and shall terminate on March 6,2013.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: Approx $ 16.000.00/annual INDIRECT COSTS_ BUDGETED: Yes lL No_
(Approx. $7.300/yr for routine maintenance and
Approx, $8,800.00 for Y, of excess charges
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same
SOURCE OF FUNDS:
Fines & Forteiture
REVENUE PRODUCING: Yes.j',2NO .X / AMOUNT PER MONTH_ Year
APPROVED BY: County Atty/':,~'t O~?purchaSing_ Risk Management_
I !
DOCUMENTATION: Included X/ Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
February 22,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - March 17, 2010 BOCC Meeting
Sixth Renewal Agreement - Wastewater Treatment Plant
Marathon Detention Facility Use ofWWTP at
The Guidance Clinic of the Middle Keys
On July 1, 2008, The Guidance Clinic of the Middle Keys and The Care Center for Mental Health,
Inc. merged and amended the name of the surviving company to be Guidance/Care Center, Inc. and
are also consenting to the assignment and requesting Monroe County consent to this assignment
and assumption of this lease.
The lease between Monroe County and Guidance/Care Center, Inc. (formerly The Guidance Clinic
of the Middle Keys, Inc.) for use of the wastewater treatment plant by the Marathon Detention
Facility expires March 6, 2010. In accordance to Article 1 of the original Agreement dated March
7, 1990, the lease may be renewed for ten successive three year terms after the initial five year
term. The parties would like to exercise the sixth renewal option to expire March 6, 2013, leaving
four additional successive three year terms available.
I hereby recommend approval to renew the agreement with The Guidance Clinic of the Middle
Keys for the use of the wastewater treatment plant by the Marathon Detention Facility.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Guidance/Care Center, Contract #
-
Inc
Effective Date: 03/06/2010
Expiration Date: 03/06/2013
Contract Purpose/Description:
For the use ofthe wastwater treatment plant by the Marathon Detention Facility
Contract Manager: Jo B. WALTERS 4549 Facilities Main/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 03/17/10 Agenda Deadline: 03/02/10
CONTRACT COSTS
Total Dollar Value of Contract: $ app 16,000
Budgeted? YeslZl No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 9,333.00
101-20504-530-340-_
- - - -
-----
- - - -
-----
- - -
-----
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 !;, J2J.L t.
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Comments:
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OMB Form Revised 2/27/01 MCP #2
CONSENT TO ASSIGNMENT
AND
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS CONSENT TO ASSIGNMENT AND ASSIGNMENT AND ASSUMPTION
AnREEMENT (hereafter "Consent Agreement") is entered into this ------.:.. day of
- ,2010, by and between MONROE COUNTY, a political subdivision of
the State of Florida (hereafter "County"), THE GUIDANCE CLINIC OF THE MIDDLE
KEYS, INC., INC., a Florida not-for-profit corporation ("Assignor"), and GUIDANCE/CARE
CENTER, INC., a Florida not-for-profit corporation ("Assignee"),
WHEREAS, The Guidance Clinic of the Middle Keys, Inc. and The Care Center for
Mental Health, Inc. have merged under the Plan of Merger adopted July 1, 2008, and have
amended the name of the surviving entity to be GUIDANCE/CARE CENTER, INC., a Florida
not-for-profit corporation organized and existing under the laws of the State of Florida; and
WHEREAS, Assignor has entered into an Agreement, dated March 7, 1990, and all
amendments and renewals and/or extensions thereafter, with the Monroe County Board of
County Commissioners, for use of wastewater treatment plant by the Marathon Detention Facility,
which agreement is incorporated herein by reference (hereafter the "Original Contract"); and
WHEREAS, Assignor desires to assign and transfer to Assignee all of its right, title and
interest in and to the Original Contract, subject to the terms, conditions, representations,
covenants and agreements set forth in this Consent Agreement; and
WHEREAS, Assignee desires to assume the responsibility and obligation for the
performance of all the services and other matters to be performed under the Original Contract
after the date hereof in accordance with the terms set forth herein; and
WHEREAS, the Monroe County Board of County Commissioners has no objection to the
assignment and assumption of the Original 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 Original Contract,
subject to the terms, covenants, agreements, representations and conditions thereof.
2. Acceptance. Assignee accepts the assignment of the Original Contract and agrees
to be bound by all commitments and obligations required to be performed or complied with and
assumes any liability directly caused by Assignor as a result of Assignor's defective performance
or non-compliance with such commitments and obligations, regardless of whether the work had
been required to be performed by Assignor prior to the assignment.
1
3. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed an original and which together shall constitute one and the same
instmment.
IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed
and effective as of the date above written.
THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Tax ID: 5" - (45 '03J-L\
("ASSIGNOR")
By~Q~
Print . ame: -:S-6-w\. 'It.. PiQ.h e..y
Title:j.e.~ ~CN\A.\ ViLe. }lrLs;rlL-vl+
GUIDANCE/CARE CENTER, INC.
("ASSIGNEE")
By:
Print
Title:
By: \-~b:-- - w ;.)'~"-:55
Print Name: ~ ~lAf-e...?
Title: E r -eL",+ ~ ve.. 55 i +4.;\0-,-\-
Tax ID: 51:\. ..145~ 3J'L
BY:~ - ",;-\-.....55
P~nt ame: S~ M f'\,4.r~'f
TItle: ~Xe.L""- ~~V ~ A 6 S 15 ~+
CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
TO ASSIGNMENT AND ASSUMPTION
The undersigned hereby consents to the foregoing Assignment and Assumption of the Original
Contract, by and between Assignor and Assignee,
Effective as of the _day of
[SEAL]
ATTEST: DANNY L. KOHLAGE, CLERK
By:
Deputy Clerk
,2010.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor
Date:
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SIXTH RENEWAL AGREEMENT
(Use of Wastewater Treatment Plant by the Marathon Detention Facility)
THIS SIXTH RENEWAL AGREEMENT is made and entered into this day of
, 2010, between MONROE COUNTY (hereinafter "County" or "Owner"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040, and GUIDANCE/CARE CENTER, INe. (hereinafter "Contractor"), a Florida
corporation, whose address is 3000 41 ST Street Ocean, Marathon, Florida 33050.
WHEREAS, the parties hereto did on March 7, 1990 enter into an agreement for use of
wastewater treatment plant by the Marathon Detention Facility (hereinafter "Original Agreement");
and
WHEREAS, the parties hereto did on April 19, 1995 exercised the fIrst option to renew
this agreement; and
WHEREAS, the parties hereto did on February 11, 1998 exercised the second option to
renew this agreement; and
WHEREAS, the parties hereto did on February 21, 2001 exercised the third option to
renew this agreement; and
WHEREAS, the parties hereto did on August 15,2001 amended the original agreement to
increase reimbursement costs to the Contractor, and
WHEREAS, the parties hereto did on February 18, 2004 exercised the fourth option to
renew this agreement; and
WHEREAS, the parties hereto did on March 21, 2007 exercised the fIfth option to renew
this agreement; and
WHEREAS, the parties hereto did on April 18, 2007 amended the original agreement to
increase reimbursement costs to the Contractor, and
WHEREAS, on March 17, 2010, The Guidance Clinic of the Middle Keys, Inc. assigned
all of its right, title and interest in and to the Original Agreement to the Guidance/Care Center, Inc.
WHEREAS, the parties have found the Original Agreement to be mutually benefIcial and;
WHEREAS, the parties fmd that it would be mutually benefIcial to enter into this sixth
renewal agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
1. In accordance with Article 1, TERM, of the Original Agreement, the County
exercises the sixth of ten successive 3-year renewal options provided for in the
Original Agreement. This term will commence on March 7,2010 and terminate
March 6, 2013.
-1-
1. Except as set forth in Paragraph 1 of this Sixth Renewal Agreement, in all other
respects, the terms and conditions set forth in the Original Agreement, as renewed
and amended, remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
GUIDANCE/CARE CENTER, INC.
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IVA-tr~
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Telephone Number: 3d5 4344071
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-2-
AMENDMENT TO AGREEMENT
(Use of Wastewater Treatment Plant by the Marathon Detention Facility)
This Renewal Agreement is made and entered into this I fe...day of April, 2007. between MONROE
COUNTY. FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS. INC. ("Clinic'').
whose address is 3000 41 st Street Ocean, Marathon, FL 33050. in order to amend the Agreement between the
parties dated March 7. 1990. as amended April 19, 1995. as renewed on Februmy 11. 1998 and Februmy 21st. 2001.
as amended August 15.2001. as renewed February 18.2004 and March 21. 2007 (copies of which are incorporated
hereto by reference); as follows:
I. Paragraph 5(B) of the original Agreement ''Monthly Maintenance and Operation" as amended April 19.
2001 and August 15,2001, currently reads as follows:
"It is understood that routine maintenance and operation shall be performed on the Treatment
Plant, the total cost of which is estimated at no more than $500.00 per month. This monthly
maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic
for 100% of these charges. up to $500.00 per month. The County will reimburse the Clinic for
50% of those charges in excess of $500.00. reimbursement to be made within 30 days of
County's receipt of invoice. If routine maintenance costs consistently and significantly deviate
from $500.00 per month, these percentages may be re-negotiated."
Shall be amended to read:
"It is understood that routine maintenance and operation shall be performed on the Treatment
Plant, the total cost of which is estimated at no more than $580.00 per month. This monthly
maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for
1 00010 of these charges. up to $580.00 per month. The County will reimburse the Clinic for 50%
of those charges in excess of $580.00, reimbursement to be made within 30 days of County's
receipt of invoice. If routine maintenance costs consistently and significantly deviate from
$580.00 per month, these percentages may be re-negotiated."
2. Reimbursements to The Guidance Clinic of the Middle Keys. Inc. up to $580.00 per month including SOOAi
of those charges in excess of $580.00 will be retroactive from the date of renewal. March 7, 2007. approved
on March 21, 2007.
3.
In all other respects. the original agreement between the parties dated March 7, 1990. amended on April 19.
1995. renewed on February 11. 1998 and Februmy 2111. 2001. amended August IS. 2001. renewed
February 18.2004 and March 21. 2007. remains in full force and effect.
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the BOCC.
,;;'IN'~~$ WHEREOF, the parties have heTeunto set their hands and seal, the day and year first written
above.>;.' ,: ;:~;~~,...:<~\\
(Seal) ..! l,r;~~:~'" ';~' "'~\\
Attest: D~L. It~ ,
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BOARD OF COUNTY COMMISSIONERS
OFMO~~
By:
4.
Mayor/Chairman
(Seal)
Attest:
BY:~~
, hief Executiv~ Officer
By:
RENEWAL AGREEMENT
(Use of Wastewater Treatment Plant by the Marathon Detention Facility)
This Renewal Agreement is made and entered into this a/~ of March, 2007. between
MONROE COUNlY. FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS.
INC. ("Clinic"). whose address is 3000 41st Street Ocean, Marathon, FL 33050, in order to renew the
Agreement between the parties dated March 7. 1990, amended April 19, 1995, and August 15, 2001, as
renewed on February 11. 1998, February 21st. 2001. and February 18, 2005 (copies of which are
incorporated hereto by reference); as follows:
1. In accordance to Article 1 of the original agreement dated March 7. 1990. the County exercises its
fifth (5) option to renew for a three (3) year term with five (5) successive three (3) year terms
remaining.
2. The term of this Renewal Agreement shall commence on March 7.2007 and shall terminate on
March 6. 2010.
3. In all other respects. the original agreement between the parties dated March 7, 1990, amended on
April 19. 1995. and August 15.2001. as renewed on February 11, 1998. February 21.2001, and
February 18.2004, remains in full force and effect.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
~A}~
By:
Mayor/Chairman
(Seal)
Attest:
By:
GUIDANCE CLINIC OF THE
MIDDLE KEYS. INC.
By. ~~
Executive ce-President
MONROE COUNTY ATTORNEY
~OVED AS TO~RM:
_ ,~-- bJ -~
N ILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date . -J- ~-07
RENEWAL AGRF..P.MENT
(Use of Wastewater Treatment Plant by the Marathon Detention Facility)
This Renewal Agreement is made and entered into this 18th day of February, 2004. between
MONROE COUN1Y, FLORIDA ("County'') and 1HE GUIDANCE CLINIC OF nm MIDDLE KEYS,
INC. ("Clinic"), whose address is 3000 41- Street Ocean, Marathon, FL 33050, in order to renew the
Agreement between the parties dated March 7, 1990. amended April 19. 1995. and August 15,2001, as
renewed on February 11, 1998. and February 21., 2001, (copies of which are incorporated hereto by
reference); as follows:
1. In accordance to Article 1 of the original agreement dated March 7. 1990. the County exercises its
fourth option to renew for a three year term with six successive three year terms remaining.
2. The tenn of this Renewal Agreement shall commence on March 7, 2004 and shall terminate on
March 6. 2007.
3. The County will reimburse the Guidance Clinic 100% for monthly routine maintenance and
operation of the wastewater treatment plant up to $550.00 per month. The County will reimburse
the Clinic for 50% of any excess charges over $550.00 per month.
4. In all other respects, the original agreement between therparties dated March 7, 1990, amended on
April 19, 1995. and August 15.2001. as renewed on February 11. 1998. and February 211t, 2001,
remains in full force and effect.
WITNESS WHEREOF. the parties have hereunto Set their hands and seal. the day and year
:ve.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
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yor: UAUIIJqB. Cl ==- A1
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G C CLINIC OF nm r- r" Z:, . ;~~
UIDAN E ;t> i"~l
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By:~(
(Seal)
Attest:
By: /.~. ,W
Chie Ex~ve Officer
SUZANNE. ON
ASSISTANT CO~VORNEY
Date ~
AMENDMENT TO AGREEMENT
(Use of Wastewater Treatment Plant by the Marathon Detention Facility)
This Renewal Agreement is made and entered into this 15th day of August 2001. between
MONROE COUNTY. FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS,
INC. ("Clinic"). whose address is 3000 41 st Street Ocean, Marathon, FL 33050. in order to renew the
Agreement between the parties dated March 7. 1990, amended April 19, 1995, and as renewed on
February 11, 1998, and February 21 st, 2001 (copies of which are incorporated hereto by reference); as
follows:
1. Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" shall read as
follows:
It is understood that routine maintenance and operation shall be performed on the Treatment
Plant, the total cost of which is estimated at no more than $500.00 per month. This monthly
maintenance will be contracted. and paid by the Clinic. The County will reimburse the Clinic for
100% of these charges, up to $500.00 per month. The County will reimburse the Clinic for 50%
of those charges in excess of $500.00. reimbursement to be made within 30 days of County's
receipt of invoice. If routine maintenance costs consistently and significantly deviate from
$500.00 per month, these percentages rnay be re-negotiated.
2. Reimbursements to The Guidance Clinic of the Middle Keys, Inc. up to $500.00 per month
including 50% of those charges in excess of$SOO.OO will be retroactive from the date of renewal,
March 7,2001, approved on February 21, 2001.
3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on
April 19, 1995. and renewed on February 11, 1998 and February 21st, 2001. remains in full force
and effect.
4. Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the BOCC.
WI1NESS WHEREOF, the parties have hereunto set their hands and seal. the day and year
above.
L. KOLHAGE, CLERK
ByG-~-
eputy Clerk
(Seal)
Attest:
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chainnarf'W1;;;-<
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GUIDANCE CLINIC OF THE ~(')f; ::
MIDDLE KEYS. INC. ;JJ:-f~ ~
By:~b ~ g
Presid~nt
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RENEWAL AGREEMENT
(Use of Wastewater Treatment Plant by the Marathon Detention Facility)
This Renewal Agreement is made and entered into this 21st day of February, 2001,
between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE
MIDDLE KEYS. INC. ("Clinic"). whose address is 3000 41st Street Ocean, Marathon, FL
33050, in order to renew the Agreement between the parties dated March 7. 1990. amended April
19, 1995, and as renewed on February 11. 1998 (copies of which are incorporated hereto by
reference); as follows:
1. In accordance with Article 1 of the original Agreement dated March 7, 1990. the
COUNTY exercises its third option to renew for three (3) years with seven (7) successive
three (3) year terms remaining.
2. The term of this Renewal Agreement will commence on March 7, 2001. and will
terminate March 6. 2004.
3. In all other respects. the original agreement between the parties dated March 7, 1990.
amended on April 19, 1995. and renewed on February 11, 1998, remains in full force and
effect.
SS WHEREOF. the parties have hereunto set their hands and seal, the day and
ove.
L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
G~
eputy Clerk
~l ~.e ~(f-ct
Mayor/Chairman
(Seal)
Attest:
GUIDANCE CLINIC OF THE
MIDDLE KEYS. mc.
BY:/~~
Chie Execu v fficer
By:
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President-!~~
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RENEWAL AGREEMENT
(Use of Wastewater Treatment Plant)
THIS Renewal Agreement is made and entered into this 11th day of
February, 1998, between the MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE
CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41st Street
Ocean, Marathon, FL 33050.
WITNESSETH:
WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant")
on its property, and
WHEREAS, the County paid for an upgrade to the Treatment Plant to service
their jail facility adjacent to the Clinic,
NOW, THEREFORE, in consideration of the terms and considerations herein,
the County and the Clinic hereby agree as follows:
1. TERM: This agreement shall remain in effect for a period of three
years, effective March 7, 1998. Upon concurrence by both parties, this
agreement may be renewed with any and all terms herein being rene99tiabl~~ f~
eight successive three (3) year terms, in accordance with the ini:ti1.al-fi~ (Sf
year agreement effective March 7,1990, as amended on April 19~:~,.!995.~,:::Tij~
County may terminate the agreement at any time by providing the Ck+~~ w~t~~
notice at least 180 days in advance .'.':; ", ~:~
, ~__ :J
2. OWNERSHIP OF TREATMENT PLANT: The Clinic will m~~ta.in ~uli~
-<CJ, '
ownership of the Treatment Plant, as expanded under the prior agre~; ~ ':>
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3. LOCATION OF TREATMENT PLANT: The Treatment Plant, i&lu'din~h~
expansion, is located entirely on the property owned by the Clinic in Marathon,
Florida, and whose physical address is 3000 41st Street, Ocean, Marathon, FL
33050.
4. USE OF TREATMENT PLANT: The County is authorized, in exchange for
the consideration specified in paragraph 5 of this agreement and past
consideration of installing the expansion of the Treatment Plant, to use the
Clinic I s Treatment Plant in the operation of its j ail facility located in
Marathon, Florida.
5. RESPONSIBILITIES OF PARTIES:
A. Utilities - Utilities will be billed and paid 100% by the Clinic.
B. Monthly Maintenance and Operation - It is understood that routine
maintenance and operation shall be performed on the Treatment Plant, the total
cost of which is estimated at no more than $300.00 per month. This monthly
maintenance will be contracted, and paid by the Clinic. The County will
reimburse the Clinic for 100% of these charges, up to $300.00 per month. The
County will reimburse the Clinic for 50% of those charges in excess of $300.00,
reimbursement to be made within 30 days of County's receipt of invoice. If
routine maintenance costs consistently and significantly deviate from $300.00
per month, these percentages may be renegotiated.
C. Unforeseen Repairs - The County will reimburse the Clinic for 50%
of all unforeseen or emergency repairs to the Treatment Plant after the
expiration of the warranty period. Such repairs will be contracted for and
paid by the Clinic, with documentation to be provided to County to support
I:aquests for reimbursement of County's share. These percentages may be
renegotiated from time to time as revisions to, or new repair and maintenance
contracts are required.
D. Connections - The County and Clinic will each be responsible for
payment of all charges involving the connections of their respective facilities
to the Treatment Plant.
E. Landscaping - It shall be both parties' intent to provide a
visual barrier between the Clinic's facilities and the County's Jail Facility.
6. OTHER COSTS: Other than those expressly specified in this
agreement, there shall be no other costs payable by either party.
7. INSURANCE/LIABILITY: The Clinic will hold the County harmless for
any and all incidents that occur arising from the operation of the Treatment
Plant.
8. ENTIRE AGREEMENT: This document contains the entire agreement
between the County and the Clinic and supersedes and merges herein any and all
prior or contemporaneous correspondence, communications and agreements related
to the use of the subject Treatment Plant. This agreement cannot be amended
except by a written instrument signed by the County and the Clinic stating that
it is an amendment to this agreement.
<; Ill'.:.WITNESS WHEREOF the parties
~~~ 18 ~~~:,~~t,st above written.
'ir~ ~." -, if
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( S~~l )i.'~ :.-__ / .~fi
Attest: AN~Y L. KOLHAGE, CLERK
hereto have executed this Agreement the
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY'~~
GUIDANCE CLINIC OF THE
MIDDLE KEYS, INC.
(SEAL)
Attest:
By' L[tr~ p~
; hief Executi~e Officer
BY:~~)'~
President
AGREEMENT
THIS. AGREEMENT is made and entered into this ~ day of
~f\ \ , 1995, by and between Monroe County, Florida ("County") and
the G~ance Climc of the Middle Keys, Inc. ("Clinic"), whose address is 3000 41st
Street Ocean, Marathon, FL 33050.
WIT N E SSE T H:
WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant") on
its property, and
WHEREAS, the County paid for an upgrade to the Treatment Plant to service
their jail facility adjacent to the Clinic,
NOW, THEREFORE, in consideration of the terms and considerations herein, the
County and the Clinic hereby agree as follows: i ~ ~ ~
Z:> ~ r-
1. TERM: This agreement shall remain in effect for a pe~~f thrr (3)8j
years, effective March 7, 1995. Upon concurrence by both partiesdtm~.dgreeQ1entT'
may be renewed with any and all terms herein being renegotiai~ ~for n~ (9~
successive three (3) year terms in accordance with the initial five (5) ~~fagre.imenffl
effective March 7, 1990. The County may terminate the agreemer(aiQny tae by-::
providing the Clinic written notice at least 180 days in advance. ,. UI ~
1'- o;::J
2. OWNERSHIP OF TREATMENT PLANT: The Clinic will maintain full
ownership of the Treatment Plant, as expanded under the prior agreement.
3. LOCATION OF TREATMENT PLANT: The Treatment Plant, including the
expansion, is located entirely on the property owned by the Clinic in Marathon,
Florida, and whose physical address is 3000 41 st Street. Ocean, Marathon, FL 33050
4. USE OF TREATMENT PLANT: The County is authorized, in exchange for
the consideration specified in paragraph 5 of this agreement and past consideration
of installing the expansion of the Treatment Plant, to use the Clinic's Treatment Plant
in the operation of its jail facility to be located in Marathon, Florida.
5. RESPONSIBILITIES OF PARTIES:
A. Utilities - Utilities will be billed to and paid 100% by the Clinic.
B. Monthlv Maintenance and Ooeration - It is understood that routine
maintenance and operation shall be performed on the Treatment Plant. the total
cost of which is estimated at no more than $300 per month. This monthly
maintenance will be contracted, and paid by the Clinic. The County will reimburse
the Clinic for 100% of these charges, up to $300 per month. The County will reimburse
the Clinic for 50% of those charges in excess of $300, reimbursement to be made
within 30 days of County's receipt of invoice. If routine maintenance costs
consistently and significantly deviate from $300 per month these percentages may
be renegotiated.
C. Unforeseen Reoairs - The County will reimburse the Clinic for 50% of
all unforeseen or emergency repairs to the Treatment Plant after the expiration of the
warranty period. Such repairs will be contracted for and paid by the Clinic, with
documentation to be provided to County to support requests for reimbursement of
County's share. These percentages may be renegotiated from time to time as
revisions to, or new repair and maintenance contracts are required.
D. Connections - The County and Clinic will each be responsible for
payment of all charges involving the connections of their respective facilities to the
Treatment Plant.
E. Landscaoina - It shall be both parties' intent to provide a visual
barrier between the Clinic's facility and the County's Jail Facility.
6. OTHER COSTS: Other than those expressly specified in this agreement,
there shall be no other costs payable by either party.
7. INSURANCE/LIABILITY: The Clinic will hold the County harmless for any
and all incidents that occur arising from the operation of the Treatment Plant.
8. ENTIRE AGREEMENT: This document contains the entire agreement
between the County and the Clinic and supersedes and merges herein any and all
prior or contemporaneous correspondence, communications and agreements
related to the use of the subject Treatment Plant. This agreement cannot be
amended except by a written instrument signed by the County and the Clinic stating
that it is an amendment to this agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first above written.
(SEAL).., , ;,
Attest: DANNY L. kOLHAGE, CLERK
By ~d.A~_--"Ik~,.L
Depu Clerk' -
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By t~-F~
(SEAL)
Attest:
GUIDANCE CLINIC OF THE
MIDDLE KEYS, INC.
BY,,{~,~
Chief Executive' Officer
BY~~
President
jconwaste
AGREEMENT
This Agreement is made and entered into this
-fIi- day of ~,.,./. ' A.D. 1990, by and between the COUNTY
OF MONROE, State of Florida ("COUNTY") and the GUIDANCE CLINIC
OF THE MIDDLE KEYS, INC. ("GUIDANCE CLINIC"), whose address is
11399 Overseas Highway, Marathon, FL 33050
WITNESSETH:
WHEREAS, the GUIDANCE CLINIC is currently in the process of
constructing a new facility in Marathon, Monroe County, Florida,
and
WHEREAS, the GUIDANCE CLINIC has a contract to purchase, and
has obtained all necessary permits and authorization for
placement of, a 7500 gallon-per-day Waste Water Treatment Plant
("Treatment Plant") on its property, and
WHEREAS, the COUNTY will be constructing a jail facility on
the property immediately adjacent to the GUIDANCE CLINIC'S new
facility, and
WHEREAS, the COUNTY will be in need of a Waste Water
Treatment Plant for their new jail facility,
NOW,
THEREFORE,
in consideration
of
the terms and
considerations herein, the COUNTY and GUIDANCE CLINIC hereby
agree as follows:
1.
TERM:
This agreement shall remain in effect for a
period of five (5) years, effective on the execution date of the
agreement. Upon concurrence by both parties, this agreement may
be renewed with any and all terms herein being renegotiable, for
10 successive three (3) year terms after the initial five (5)
year term. The COUNTY may terminate the agreement at any time
by providing the GUIDANCE CLINIC written notice at least 180
days in advance.
2. OWNERSHIP OF TREATMENT PLANT: The GUIDANCE CLINIC has
contracted with Monarch Precast Company for installation of a
7500 gallon-per-day Treatment Plant, further described as
Exhibit A of this agreement. The GUIDANCE CLINIC will maintain
full ownership of the Treatment Plant, including the expansion
detailed in paragraph 5 of this agreement.
3. LOCATION OF TREATMENT PLANT: The Treatment Plant,
including the expansion detailed in paragraph 5 of this
agreement, will be located entirely on the property owned by the
GUIDANCE CLINIC in Marathon, Florida, and whose physical address
is 3000-41st St. Ocean, Marathon, Florida 33050.
4. USE OF TREATMENT PLANT: Upon installation,
inspection, and operation of the GUIDANCE CLINIC I S 7500
gallon-per-day Treatment Plant, the COUNTY is authorized, at no
cost to the COUNTY beyond that contained in paragraph 6 of this
agreement, to use the Treatment Plant in the operation of its
jail facility to be located in Marathon, Florida.
5. EXPANSION OF TREATMENT PLANT: Upon execution of this
agreement, the COUNTY will obtain, at its expense, and through
the GUIDANCE CLINIC if necessary, all necessary permits and
authorization for expansion of the Treatment Plant from a 7500
gallon-per-day capacity to 15,000 gallon-per-day capacity for
the use of both the COUNTY and GUIDANCE CLINIC.
After said permits and authorizations are obtained, the
GUIDANCE CLINIC will contract for the expansion of the Treatment
Plant, the cost of which shall be initially paid by the GUIDANCE
CLINIC. The COUNTY will reimburse the GUIDANCE CLINIC for 100%
of those costs in excess of $42,400 (as detailed in Exhibit A of
this agreement) within 30 days of receipt of the contractor's
invoice detailing the work performed.
6. RESPONSIBILITIES OF PARTIES:
first 7500 gallon-per-day Treatment
responsibilities will be as follows:
Utilities- Upon installation of the Treatment Plant,
utilities will be billed to and paid 100% by the GUIDANCE
CLINIC, and will be 100% reimbursed by the COUNTY within 30 days
of the COUNTY'S receipt of the bill, until such time as the
GUIDANCE CLINIC begins utilizing the Treatment Plant. With that
exception, payment of all utilities will be the sole
responsibility of the GUIDANCE CLINIC.
Monthly Maintenance and Operation- It is understood
that routine maintenance and operation shall be performed on the
Treatment Plant, the total cost of which is estimated at no more
than $300.00 per month. This monthly maintenance will be
contracted, and paid initially by the GUIDANCE CLINIC. The
COUNTY will reimburse the GUIDANCE CLINIC for 100% of these
charges, up to $300.00 per month. The COUNTY will reimburse the
GUIDANCE CLINIC for 50% of those charges in excess of $300.001
reimbursement to be made within 30 days of COUNTY'S receipt of
invoice. If and when the GUIDANCE CLINIC contracts with another
party(ies) to allow connection to the Treatment Plant, these
percentages may be renegotiated.
Unforeseen repairs- The COUNTY will reimburse the
GUIDANCE CLINIC for 50% of all unforeseen or emergency repairs
to the Treatment Plant after the expiration of the warranty
period. Such repairs will be contracted for and paid initially
by the GUIDANCE CLINIC. If and when the GUIDANCE CLINIC
contracts with another party(ies) to allow connection to the
Treatment Plant, these percentages may be renegotiated.
Connections- The COUNTY and GUIDANCE CLINIC will each
be responsible for payment of all charges involving the
connections of their respective facilities to the Treatment
Upon installation of the
Plant, the parties'
Plant.
.71,;,.' Jt:'.,ofC!
L ! ':'
Landscaping- It shall be both parties'
j nt.en t to
and the COUNTY'S Jail Facility.
provide a visual barrier between the GUIDANCE cr.INIC'S fa(~.ilit.y
7.
OTHER COSTS:
---.-......--
Other than those expre::;::;ly l-1~cifi~d ,!.n
this agl:eement, there shall be no other costs payab'lp. hy eith0L'
party.
8.
INSURAN~~!LIABILITY:
The GUIDANCF: CLINIC \.;1] 1 hold
from the installat.ion or operation of t,he TreCttmcnt P1.mt.
the COUNTY harmless for any and all incident.s t.h.:tt occur "tr bing
9.
~~IRE AGREEl1~~T.
This document 'lonti'ii.n~ the Ponl.ire
agreement between the COUN'.ry and the GUIDANCE CL TNIC and
supersedes
and
merges
herein
any
and
all
pJ'tor
or
contemporaneous correspondence, conununicatious and agreements
related to the use of the subject 'l'reatment Plant.
'rhis
agreement cannot be amended except by a v/l'itten inst:rwnent.
signed by the COUNTY and the GUIDANCE CLINrr. stating th,)t it, is
an amendment to this agreement.
DATED this 1t11..- day --~J:"~
Monroe County, Florida.
A.D. 1990, in Key West:,
GUIDANCE CLINIC OF THE
BOARD OF COUNTY COMMISSIONERS
MIDDLE K~lS, INC.
OF MONROE COUN,!r\" I"I.OP.IDA
y~" / ~
~~-)r: .z-.~
Marjorie Mearns, Pre~ident
By:
ok~
Mayo't/Chalrman
Board of Directors
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY'~ ~~.,~~
DepU'ty C erk r
~Lj--
David P. Rice, PhD.
Chic! 1::xecutivc-. Officor
BY
fr~'
o} '"
. \
l_, I
---
D~ign Manufacture
Water ~ Waste Water Treatment Systems
Pump Stations
PRECAST PRODUCTS CO., INC.
Page
PROPOSAL CONTRACT
January 25,1990
TO: GL1idanc~ Clink of
the Middle Keys Inc.
11399 Overseas Hwy.
Narathon,FL 33050
C/O Dc Iklvid Ril'(>
PROJEC'l>: Gllidance Cl inic Of rpht~ Middle Keys
Wastewater Treatment System & Pun~ Station.
SIR: We propose to deliiver and install the following materials and equipment as
per En9ineGrinq spE:cifications.
1. One 7,500 C.P.D. Nonal"ch Precast concrete \vaste.later Treatment System complete
from inlet to outlet of plant.
*
This system shdll contain:
u.S0ttlin9 t,1I11{ capacit.y 2,000 gallons.
b.Acration tonIc capacity 7,500 gallons.
c.Sludge holding tank capacity 2500 gallon8.
d.Chlorine Contact tank capacity 1200 gallons.
e.Filter or polishing tank, 18 SF each side.
f.'TWo Sutorbuilt blower packages & control panel.
g.All plunming and appurtenances for a complete hook up.
2. One Monarch'PrL~ast concrete Lift Station,to include:
a.Onc six foot diameter six foot deep wet well.
b.One Monarch flm., splitter oox.
c.'l\io Myers 1 h.p. Vortex pumps.
d.Aluminum hatch cover for lid.
e. All necessary plumbing and piping.
f. Disposal wells.
* Flow equalization will be accompliShed by pumping fram Lift Station to flow
splitter oox. Any changes shall be cleared through Glenn Bee & Assoc.
NarES: Guidance Clinic / Genaral Contractor shall furnish:
a.Suitable access to plant site.
b.All necessary permits.
c.Power to Monarch control panels.
d.Any fencing or grass,seeding,sod.
e.Order of commencment.
Phone (813) 957-7971
.
615 Cypress Road
.
Venice. Florida 34293
,~
,~c:=='! \
Ma~!JIDH
Design Manufacture
Water i Waste Water Treatment Systems
Pump Stations
PRECAST PRODUCTS CO., INC.
Page 2.
PROPOSAL CONTRACT
January 25, 1990
*Nondrch sh;:l11 furnish cd 1 Nml equipment which wi 11 meet or exceed specifcations.
Total contract price and complete cost of Monarch Precast Products work under
this agreement, $42,400.00
TERMS: 25% of total contract price upon signing this contract $]0,600.00
45% of total contract price upon delivery of equipment to site $19,080.00
20% of total contract price upon completion if construction $8,480.00
10% of total contract price upon inspection by Engineer $4,240.00
Guidance Clinic shall sign Florida UCC-1 agreement when equipment is delivered.
Proposed By:
Accepted By:
Precast
iD5; V -4';;7
~vid ~
Guidance Clinic Of The Middlekeys
Date:
Jan. 25. 1990
Date:
Jan. 29. 1 990
Phone (813) 957-7971
.
615 Cypress Road
.
Venice. Florida 34293
....'. .
,!"""~.-,......._~,,..,-,."
F'.2.. 3
2.
SWOR."-STATr::'ME.lI\T UNDER SECTION :Ut7.133~-,J(a),
F.t,ORIDA. STA~ QN P.UBUC ENTIn" C1UMES
THIS FORM MUST BE SIGNED IN TB~ PRESENCE OF A. NOTARY PUBLIC OR OTHER OmCER
AUTHORIZED TO ADMINISTER' OAmS. .
L This ....... .......... Is IlII>mlnccI wilh Bid, I'n>posaI or ~ No. -,. . A )1 A-
Cor US', -I W4K w,He" ~.J,..+d- II'"'!t _, .
'Ibis ....",; ......;..,;. Is SUbmiUod by _' vje! 1i'>J~ (Ii.vi <- im <H.. fl1tJd/r., k~ ~. ,
' [!Ulnae at eaul)' S Wag sworu SCltmnent] .
1139r oveo~ ~7
/h~,) :F!- 33o.fo
(itapplicabJo) i&s Federal ~p1ayer IdatUicaUon Number (PE[N) is _ S'-)LfS-f'3~ ~ .
. .
(It tl1e eQtiiy has uo FEIN, hIclude the SodaJ Security Number of tbc iDdMdual lignin, this sworn
, . )
-= and my ~tionship to ~
whose busiDea address Is
r'
~
~
-
stau:ment:
3.
.
~Jtf P. ~U , PhiJ.
(pJcue prim Game or JndJ'ridual Slpiag]
..1Ity--" C~'~ G"k&.W;'... n+L'cU. ~
I Undcntand that a "public .atity crime. as deDDed in Pataszaph 287.133(1)(,), FlOrida Statq!!!,
means a vioJation ot any .tate or. fedora11aw by a penon With respect to and direaJy related to Ule
transaction ot business With any .public ezaUty Of with an agOllcqt or paUUc:aI subdivfsion of any O&het
state or with Ule United States, inclUding. but DOt linUted. to,. ~IlY bid or contract for goods or
ser.rices 10 be prOvided to any public entity or an ag~ or poUr1ca1 subC:UviJion ot aD} Jth"r State
or at the United States. and inYOMng antitrUst. fnlud,. theft, bribezy, COllusion. ' 'riDg,
conspiracy, or materja1 misrepresentation.
My Dame is
4.
So I CD.,.,.. tqr "cotlYidar or 'c:onoioljon' as dctinc:cIln Pamgraph 287.133(1)(b). Flarid. S..qp...
means a fiDding of guilt or a conviction of a pubUc eJJtUy c:rhne, with or Without an adjuc:1ication of
pill, in aDy federal or ,stale trial coun of recorcl refltU11 to cbatges broUght by incticunent or
infonnation alter July 1, 1989. . a result ot a jury \lerdicc, DQnj~ Uia1, or entry at a plea ot JUilty
or noJo COntezadere.
6. I unde:sIlQc1 that an -attitiate- 85 deiined in Paragraph 287.133(1)(a), Florida S~tutes. means:
1. A predec:essor Ot sUCC=SOr oC a person COnvicted of it public entity cime: or
2. An cntity under the control of any natural pe:sOIl. who is active in the 12uu~agement of the
cntity and who hIE been cotttlieted o( a pllbUc entity crinJe. The lelUI .affiliate- includes those
office~, directors, cecativ~, partners. .sharehoJders, empJoyees, JDemben, &ftc1 agezats WhO are active
II> " . . .g....., of ...fIlIi.... The OWIlODihlp by 0,," _ of sIla... COIIStitttllq . controlling
interest in another person, or a pooling ot equipment or income among pe!SODS when 1101 for tair
marker 'Value under an arm's length agreement, shall be a Prima facie case that Oue person C'CQuols
another person. A penon who kDowingJy enters iDEo a joint venture with a penon who ha5 been
convicted or a public entity crimo in Florida durin: llle preceding 36 months Shall be considered an
affiliate. , '
? · U"""la" Ilia, a 'p....... as dellned In Paragraph 287.133(1)(0). !l1orid. Sin..,... ....115 ..y
naturaJ person or entity organized !Ulder the laws of any scate or of the United States with the Jegal
power to emer iDIO a bindtug contract and Which bids or appUes to bid Oft COnlrl1Cts tor the proVision
o( goods or services Jet by a public entity, or which othClWiSe transaas or applies to mmsaCt business
with a public entity. The term .person" inCludes those offwel'St directors, executives, p:l.rtncrs,
shareholders. employees, members, and agents who arc active in management of an entity. .
8. Based on information an.dbelic!. the statement which I M\'e marked below is {roe in relat~ot\ to the
entit)' SUbmitting this SWorn St4lcment. (Ple.use Indiana whICh ~tateDlen~ appliesJ
~""'(.~~~.,.~~~:~~~
, . '~-,'--" "...~
~ ~."f
-
~-,.."" --,,~.., . ,- ~...<'"'!'''
:1 .
.--.........-.....,
..,,-p,:::
=,
_1---.,...__..__._. ____
lll'l~ Z.: "~O 1'::.14
. .
A N.i.h... In. 'R\i1y 'oblll;U", "'~ _m '.......... ... I"l' oiIicm. 4b"II"'. ...,.".....
p..,..... ,1Ia'el1olGm. ""'Ploy.... lAemboro. o. ~.""bo ... _ 1ft ma.a_., of 1M '.'ily.
not any amlfare of rho truity hav.e bc..:n (hir~ed \Yi~ aad eo'Wj'IeQ of a p\lblic Cflticy crime
sub~~lIent to July,. 1989. .
- The endcy li~bmi&&iog U1is JWOrn 11..elnct. or ODa or lIcko ot tu oUi"'n. dirlCtQrs.,
.....li><I. per...... .~... "'ployou, IllOmtooa, o. a...... who a", ...a.o ill ............. of
lilt "'Uty, or III atfllJ.~ at lilt ",Uly /IN beea _&ell wItll.... -.., Of. pulol., ..ltly ""'""
iDb$CC!\leat CO Job' 1. 1_. ~ {"~st Indicae. wJddt IddluoaaAI, stettlDf:ftt .'P'MS.}
-
'. 1bere bu lJecA I Proceed1nt CiODCCnUDllbc C:OI\ltCUo,Q belore a bearfu8' 08'i~r of
ilii1_ Of PIOrida, DMsiOll of Mmla....llwi Hoalmp. 11ro r...1 order ......4 ~ lb.
bdario, o€accr did: ZlOl plaQ:, the pO:$~ Ql' ai1Uiate oa tbc eolWkted \leador Us!. [PletN
l&:&Ieb . 4OP1 of the anat Orftr.). .'
- The ~rso4 ar atDUale WU p!Ked OIl tllo ClOCyf~ veeder Un. Ther. "laS beeA a
su~uern Pl~, before . !:iuriD, otUcer at Uae, SUit ot rJOrida, DiYisj"Q ot
MwAistllti\'e Heanap. Tbt AnaJ Order eDlCftCI by tba h.u.e amCer dct~ed thac it .
INU It) th~ public Uzttteac to remove Cobe JeI'SOD or aUDiate trom the CCAvitatd vendor U.n.
[Plean .~ch I ~p, of &lit flnA' onScrr,J , . , ' ,
. .
nie ~t'$on Of atfiUace hat aat bea. plaClld OD as. CClMded 1#md01 Jisl. t?twso
a.....ibe "1 lefIoa ....... .., .r pcndf.. _ .... Dopa_ or c...m -".J
-
f-' . ';I. '::
,. fl~
[5iJ1l1ltu~
March 27 I .1990
~---"'-.___.A_ _
._.."''''~
STAn OF P'lol"~da .
COUNTY <)1' ~oe ~_.. ..
PBR$ON'At.L1" APPEAAU> 8EFoQ MS. the taDdczsipc:4 avthoriry.
"'pav! d ~. ~ 1co, Ph. ~. '_ Wbo. Wr 11m ..... __ by lilt, aIliIc<IllioilIorslgoalV",
[q'me of lndbiclul '1lfttnlJ
in the ~patO proW!e4 above OIl Wa _~,_ day of ~~~_.. a 90---"
Date:
-
j
"\
MY COMD'liUfou tlph-_
~
(JAMl ~ ~_
" . HOT4.aY PUBJJc;
Carol Ann Sm1th
......... .~.,~...-.
.~ ....
,.,<.- ..,' .
..... .... ~..... ...
~.... ~ .11..... ...\ ........
.,:,.. ~.. .. '" ." ..
~~.,," ~.~ ..-
~~; .. ~I ,.';..
:: : ,: ~ , ~
;\ ~,.\;-: ~
.~. .... ~
\~". .' .1Ilo_..................".~_
"'- ... .. ..~.
._~....., .
NorMY PU81.1~. STATE; 0' f'LOr<ICl~
MY COMtMSSION IlXflRES MAR, Z. Iti1.
.o...~~tl T....u NO'U,,,l' .,\I_l,dC IIHDIIlWII'7I:Il'.
.
. .
For::l PUR 7068 (Rev. 11J8~
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
3-17-2010
Division: County Administration
Bulk Item: Yes X
No
Department: Social Services
Staff Contact Person: Sheryl Graham X4510
AGENDA ITEM WORDING: Approval ofthe county's required contributions to the State Medicaid
Program as required by Florida Statute 409.915.
ITEM BACKGROUND: This is a required expense that is required by Florida Statute 409.915. Each
year this expense is budgeted in the Welfare Services Budget. FS409.915 dictates that "although the
state is responsible for the full portion of the state share of the matching funds required for the
Medicaid Program, in order to acquire a certain portion of the funds, the state shall charge the counties
for certain items of the care and services as provided in this section. (1) Each county shall participate in
the following items of care and service." (See attached FS 409.915).
PREVIOUS RELEVANT BOCC ACTION: Prior approval for Medicaid Hospital and Nursing
Home recurring expense granted by the BOCC on 4/15/09.
CONTRACT/AGREEMENT CHANGES: $439,000 Medicaid Hospital and $42,000 Nursing
Home. Total $481,000.00
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $481,000.00
BUDGETED: Yes -2L No
COST TO COUNTY: $0
REVENUE PRODUCING: Yes No -X
SOURCE OF FUNDS:
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing ~
Risk Management _X_
Not Required_
To Follow
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: State of Florida (ARCA)
Contract Purpose/Description:
Contract Manager:
CONTRACT SUMMARY
Contract
Effective Date:
Expiration Date:
10-01-09
9-30-10
Sheryl Gra~ /I
(Name) ~
Social Services/Stop 1
(Department/Stop #)
For BOCC meeting on
3-17-10
4510
(Ext.)
Agenda Deadline:
3-2-10
CONTRACT COSTS
Total Dollar Value of Contract: approx. $481,000.00
Budgeted? Yes X No Account Codes:
County Match: 0
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
Date In
Division Director :J/oJ/O
. ~/r~l()
RIsk Mana~~ent \) l...--
y{ ./ \)l:\' \
d~.TB./Purcha~ng :3 " f 10
County Attorney ~\1-(,\U
Comments:
OMB Form Revised 2/27/01 MCP #2
/yr
Current Year Portion$
_61502-530311-_$439,000.00_-
_61502-530312- $42,000.00-
ADDITIONAL COSTS
For:
(e.g, Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Changes
Ye~~
Yes~
Yes ~
Yes @
Date Out
Statutes & Constitution :View Statutes :->2009->Ch0409->Section 915 : Online Sunshine Page 1 of 1
Select Year: 12009.:J ~
Uu5 r (~
The 2009 Florida Statutes
Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
409.915 County contributions to Medicaid.--Although the state is responsible for the full portion of
the state share of the matching funds required for the Medicaid program, in order to acquire a certain
portion of these funds, the state shall charge the counties for certain items of care and service as
provided in this section.
(1) Each county shall participate in the following items of care and service:
(a) For both health maintenance members and fee-for-service beneficiaries, payments for inpatient
hospitalization in excess of 10 days, but not in excess of 45 days, with the exception of pregnant women
and children whose income is in excess of the federal poverty level and who do not participate in the
Medicaid medically needy program, and for adult lung transplant services.
(b) For both health maintenance members and fee-for-service beneficiaries, payments for nursing home
or intermediate facilities care in excess of $170 per month, with the exception of skilled nursing care for
children under age 21 .
(2) A county's participation must be 35 percent of the total cost, or the applicable discounted cost paid
by the state for Medicaid recipients enrolled in health maintenance organizations or prepaid health
plans, of providing the items listed in subsection (1), except that the payments for items listed in
paragraph (1 )(b) may not exceed $55 per month per person.
(3) Each county shall set aside sufficient funds to pay for items of care and service provided to the
county's eligible recipients for which county contributions are required, regardless of where in the state
the care or service is rendered.
(4) Each county shall pay into the General Revenue Fund, unallocated, its pro rata share of the total
county participation based upon statements rendered by the agency in consultation with the counties.
(5) The Department of Financial Services shall withhold from the cigarette tax receipts or any other
funds to be distributed to the counties the individual county share that has not been remitted within 60
days after billing.
(6) In any county in which a special taxing district or authority is located which will benefit from the
medical assistance programs covered by this section, the board of county commissioners may divide the
county's financial responsibility for this purpose proportionately, and each such district or authority must
furnish its share to the board of county commissioners in time for the board to comply with the
provisions of subsection (3). Any appeal of the proration made by the board of county commissioners
http://www.leg.state.fl.us/statutes/index.cfm ? App_mode=Display _Statute&Search_String=... 2/24/2010
Statutes & Constitution :View Statutes :->2009->Ch0409->Section 915 : Online Sunshine Page 2 of 2
must be made to the Department of Financial Services, which shall then set the proportionate share of
each party.
(7) Counties are exempt from contributing toward the cost of new exemptions on inpatient ceilings for
statutory teaching hospitals, specialty hospitals, and community hospital education program hospitals
that came into effect July 1, 2000, and for special Medicaid payments that came into effect on or after
July 1, 2000.
History.--s. 46, ch. 91.282; s. 8, ch. 96.417; s. 190, ch. 99.8; s. 26, ch. 2000.171; s. 11, ch. 2001-104; s.
3, ch. 2002.35; s. 452, ch. 2003.261; s. 3, ch. 2007.82.
Copyright (Q 1995- 2010 The Florida Legislature. Privacy Statement. Contact Us
http://www.leg.state.fl.us/statutes/index.cfm ? App _mode=Display _Statute&Search_String=... 2/24/2010
Statutes & Constitution :View Statutes :->2009->Ch0409->Section 915 : Online Sunshine Page 1 of 1
Select Year: 12009::J ~
Nuf~"J tJvM~
The 2009 Florida Statutes
Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
409.915 County contributions to Medicaid.--Although the state is responsible for the full portion of
the state share of the matching funds required for the Medicaid program, in order to acquire a certain
portion of these funds, the state shall charge the counties for certain items of care and service as
provided in this section.
(1) Each county shall participate in the following items of care and service:
(a) For both health maintenance members and fee-for-service beneficiaries, payments for inpatient
hospitalization in excess of 10 days, but not in excess of 45 days, with the exception of pregnant women
and children whose income is in excess of the federal poverty level and who do not participate in the
Medicaid medically needy program, and for adult lung transplant services.
(b) For both health maintenance members and fee-for-service beneficiaries, payments for nursing home
or intermediate facilities care in excess of $170 per month, with the exception of skilled nursing care for
children under age 21.
(2) A county's participation must be 35 percent of the total cost, or the applicable discounted cost paid
by the state for Medicaid recipients enrolled in health maintenance organizations or prepaid health
plans, of providing the items listed in subsection (1), except that the payments for items listed in
paragraph (1)(b) may not exceed $55 per month per person.
(3) Each county shall set aside sufficient funds to pay for items of care and service provided to the
county's eligible recipients for which county contributions are required, regardless of where in the state
the care or service is rendered.
(4) Each county shall pay into the General Revenue Fund, unallocated, its pro rata share of the total
county participation based upon statements rendered by the agency in consultation with the counties.
(5) The Department of Financial Services shall withhold from the cigarette tax receipts or any other
funds to be distributed to the counties the individual county share that has not been remitted within 60
days after billing.
(6) In any county in which a special taxing district or authority is located which will benefit from the
medical assistance programs covered by this section, the board of county commissioners may divide the
county's financial responsibility for this purpose proportionately, and each such district or authority must
furnish its share to the board of county commissioners in time for the board to comply with the
provisions of subsection (3). Any appeal of the proration made by the board of county commissioners
http://www.leg.state.fl.us/statutes/index.cfm ? App_mode=Display _Statute&Search_String=... 2/24/2010
Statutes & Constitution :View Statutes :->2009->Ch0409->Section 915 : Online Sunshine Page 2 of 2
must be made to the Department of Financial Services, which shall then set the proportionate share of
each party.
(7) Counties are exempt from contributing toward the cost of new exemptions on inpatient ceilings for
statutory teaching hospitals, specialty hospitals, and community hospital education program hospitals
that came into effect July 1, 2000, and for special Medicaid payments that came into effect on or after
July 1, 2000.
History.--s. 46, ch. 91-282; s. 8, ch. 96-417; s. 190, ch. 99-8; s. 26, ch. 2000-171; s. 11, ch. 2001-104; s.
3, ch. 2002-35; s. 452, ch. 2003-261; s. 3, ch. 2007-82.
Copyright <hl1995, 2010 The Florida Legislature. Privacy Statement. Contact Us
http://www.leg.state.fl.us/statutes/index.cfm ? App _mode=Display _Statute&Search_String=.,. 2/24/2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
4-15-09
Division: Community Services
Bulk Item: Yes X
No
Department: Social Services
Staff Contact Person: Sheryl Graham x451 0
AGENDA ITEM '''ORDING: Approval of a recurring expense as required by Florida Statute
409.915.
ITEM BACKGROUND: This is a required expense that is required by Florida Statute 409.915, Each
year this expense is budgeted in the Welfare Services budget. FS409. 915 dictates that "although the
state is responsible for the full portion of the state share of the matching funds required for the
Medicaid program, in order to acquire a certain portion of the funds, the state shall charge the counties
for certain items of care and services as provided in this section. (1) Each county shall participate in the
following items of cares and service." (see attached FS 409.915).
PREVIOUS RELEVANT BOCC ACTION: Prior approval for Medicaid Hospital and Nursing
Home recurring expense granted by BOCC on 11-14-07.
CONTRACT/AGREEMENT CHANGES: $439,000 Medicaid Hospital and $42,000.00 Medicaid
Nursing Home. Totaf'$481,OOO.00
r STAFF RECOMMENDATIONS: Approval
\so
TOTAL COST: $481,000
BUDGETED: Yes X No
COST TO COUNTY: $481,000
SOURCE OF FUNDS: General Fund
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH $40083.33
Year $481.000
APPROVED BY:
;/~ ~
County Attfltl OMB1Purchasing _ Risk Management 0),,"
{
DOCUMENTATION:
Included X
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM #
Revised 8/06
I
\..:..
MONROE COUNTY BOARD OF COUNTY COMMISSIOl\TERS
CONTRACT SUMMARY
Contract with: State of Florida (ARCA) Contract
Effective Date: 10-01-08
Expiration Date: 9-30-09
Contract Purpose/Description: Florida Statute 409.915 requires each county to pay a portion of the Medicaid
Nursing Home and Medicaid Hospital payments. By FS 409.915, Monroe County is required to pay 35% of
Medicaid Hospital payments and $55.00 per month, per client for Medicaid Nursing Home expenses.
Sheryl Graham, .A / 4510
(Name) /JII t1lf4'~ (Ex!.)
4-15-09 J!JLT' Agenda Deadline:
Contract Manager:
For BOCC meeting on
Social Services/Stop 1
(Department/Stop #)
3-31-09
CONTRACT COSTS
Total Dollar Value of Contract: approx. $481,000
Budgeted? Yes X No Account Codes:
#"
t
County Match: 0
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
Current Year Portion: $
_61502-530311-$439,000_-
_61502-530312 $42,000_-
ADDITIONAL COSTS
For:
(e,g, Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Date In
Changes
Needed
Yes NQ,
Yes aJ
Yes ~~)
'\
Yes No
~
Division Director
Risk Manag:~ent
o .J:ii/purc}/asing
-, "
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County Attorney
~\~O lo"\
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Comments:
OMB Form Revised 2/27/01 MCP #2
/
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.....
Date Out
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-14-07
') Bulk Item: Yes -X- No
Division: Community Services
Department: Community Support Services
Staff Contact PersonlPhone #: Deb Barsell. 4510
AGENDA ITEM WORDING: Approval of a reoccurring expense as required by Florida Statute
409.915.
ITEM BACKGROUND: This is a reoccurring expense that is required by Florida Statute 409.915.
Each year this expense is budgeted in the Welfare Services budget. FS409.915 dictates that "although
the state is responsible for the full portion of the state share of the matching funds required for the
Medicaid program, in order to acquire a certain portion of the funds, the state shall charge the counties
for certain items of care and service as provided in this section, (1) Each county shall participate in the
following items of cares and service:" (see attached FS409.915).
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: $450,000 Medicaid Hospital and $42,000 Medicaid
Nursing Home. Total $492,000.
)
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$492.000.
BUDGETED: Yes -2L No
COST TO COUNTY:
$492.000
SOURCE OF FUNDS:
General Fund
REVENUE PRODUCING: Yes @ AMOUNT PER MONTH $41.000 Year _$492,000_
APPROVED BY: County Atty / OMB/Purchasing 2L- Risk Management-L
DOCUMENTA nON:
Included X
Not Required
DISPOSITION:
Revised 11106
AGENDA ITEM #
-'
~
)f
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~ARY
~
Contract with:
State of Florida (AHCA)
Contract #_
Effective Date:
Expiration Date:
10-1-2007
9-30-2008
Contract Manager: Sheryl Graham
(Name)
4592
(Ext. )
Social ServiceslSto # I
(Department/Stop #)
for BOCC meetin on
11-14-2007
A enda Deadline: 10-30-2007
CONTRACT COSTS
Total Dollar Value of Contract: $ 492,000
Budgeted? YesC8J No 0 Account Codes:
Grant: $ -0-
County Match: $ -0-
Current Year Portion: $
61502-530311-$450.000-_-_
61502-530312-$42.000-_-_
- -
---
- - -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes ,/
~a: I' Needed // . L / ~e.yieWer /('
Division Director Ie!"" '(/7YesDNo~ { (,(,;; >//:.) {",-~.f ,/
J ~"
Risk Man~men\ \ ~ i YesO Noel ':"i ,J; :: ,.. '. ,
Okf.B/PurCh~~g 1,<1 'b! 0 N esO Noli] -'j:::o - P ~ "
County Attorney lo/!-3/or YesD No@ S-u.yn..\'\e... t-tu.\t0t\
Date Out
/i::611.
Comments:
OMB Form Re\ised 2/27/01 MCP #2
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A Report on Medicaid Nursing Home County Billing: Certificate of Residency
Bac~round
The Florida Medicaid program provides health care coverage to qualified low-income
individuals meeting federal and state eligibility requirements. State, federal, and
county governments share the costs of Medicaid nursing home services. The counties'
participation level is specified in Chapter 409.915, F.S. as 35% of the total cost paid by
the State for Medicaid beneficiaries, not to exceed $55.00 per month per person.
Due primarily to disputes over the COR between the State and the counties concerning
who is responsible for the Medicaid nursing home costs there have been issues from the
inception ofthe Medicaid County Billing process. County participation in Medicaid
nursing home expenditures are based on the number of Medicaid beneficiaries each
county has that reside in a nursing home. As specified in Chapter 409.915(3), F.s.
counties pay only for their residents, regardless of where in the state the nursing home
care is provided. AHCA is the single state agency responsible for administering the
Florida Medicaid program. AHCA bills counties for their pro rata share of Medicaid
nursing home costs in accordance with the Florida Statutes. These billings are provided
to the counties on a monthly basis.
Currently AHCA provides the counties with information concerning each of the
Medicaid beneficiaries that appears on their billing. The beneficiaries' name and
residency address, the facility where the beneficiaries are located, the beneficiaries'
designated representative (if any), and the public assistance specialists' name are all
provided to the counties in an electronic COR file. When the counties receive the
electronic information, they review the list and confirm the beneficiaries in order to
avoid paying for individuals that are residents of other counties. The review process
varies by county. Some do a line-by-Iine manual review while others have an
automated application that performs various edits. After performing their reviews,
counties then notify AHCA of discrepancies found. AHCA's Medicaid County Billing
staff performs further research in an attempt to determine the accuracy of the
information received. If AHCA finds that beneficiaries are indeed residents of other
counties, an adjustment is made and the appropriate county is billed.
Through their Economic Self-Sufficiency program, DCF provides assistance to low-
income families through Food Stamps, Cash Assistance, and Medicaid programs. DCF
staff perform eligibility determ inations for the Medicaid program on behalf of the State
of Florida and notifies AHCA of individuals determined eligible. DCF staff interview
individuals applying for assistance and obtain basic demographic information such as
name, address, city, and county of residence. Additionally, DCF staff perform a
certification of residence review and provide AHCA with the COR. AHCA's staff use
the COR in the county nursing home billing process to determine the appropriate
county to bill for their pro rata share of Medicaid costs.
For various reasons the COR is often incorrect. Because the current address is not
required for Medicaid eligibility purposes, the individual applying for Medicaid
services may give a post office box number, or may not give an address at all. Post
!
...
Page 2 of 17
March I. 2005
___~ ~_~__~__~_________~~~~___m___
_~<i..'~ ~_~~_ ......
_ ~_____ __~_u___.__~_ __.__________. ____
__- -_-,ow__~_==-- - -_~O<=_____==__=_"'_ ='u- - - --~~~~__ "-~_-"'"~...,_~-.
_ m_ _ __ _ _ _ ___ ____ . __ _ ______nu_ _ _, ____ .~__
Graham-Sheryl
To: Hutton-Suzanne
Subject: RE: Medicaid HospitallNursing Home
/
\
~~-<-.
From: Hutton-Suzanne
Sent: Friday, October 26, 2007 10:25 AM
To: Graham-Sheryl
Cc: Mercado-Pedro
Subject: RE: Medicaid Hospital/Nursing Home
Although we are statutorily required to make the payment, it is a huge amount, and probably should go before the soee althougl
they have no choice but to approve. I'll copy Pedro so he knows on Monday when he gets back that I have already answered the
question. It won't hurt for the public to have the opportunity to know that some of these costs are out of our control & are imposec
by the State.
s.,- -"" ~M#M
County Attorney
Monroe County
PO Box 1026
Key West. FI, 33041-1026
305-292-3470
(
(
10/29/2007
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: Emergency Services
Bulk Item: Yes X
No
Department: Fire Rescue
Staff Contact PersonlPhone #: D. Hayes /6004
AGENDA ITEM WORDING: Issuance of a Certificate of Public Convenience and Necessity
(COPCN) to Monroe County Fire Rescue for the operation of an ALS transport ambulance service.
ITEM BACKGROUND: In February of2008 a COPCN was issued to Monroe County Fire Rescue to
operate an ALS transport ambulance service. This certificate will be expiring on March 31, 2010. In
view of the foregoing Monroe County Fire Rescue is applying to renew this COPCN which would
become effective April 1; 2010.
PREVIOUS RELEVANT BOCC ACTION: On February 20; 2008 the MCBOCC approved the
issuance of a COPC~ to..~,{onroe~ounty Fire Rescue for the operation of an ALS transport ambulan~ ....
service for the period April 1 ; 2008 through March 31; 2010.
CONTRACT/AGREEMENT CHANGES: The current COPCN for Monroe County Fire Rescue
will expire on March 31; 2010. The renewal being applied for will cover the period April 1; 2010
through March 31; 2012.
STAFF RECOMMENDATIONS: The Monroe County Code allows the issuance ofCOPCN for the
purpose of providing essential emergency medical services to the various geographical areas of Monroe
County. Monroe County Fire Rescue complies with the requirements ofthe said Code and Chapter
401 Florida Statutes, so in view of the foregoing Fire Rescue staff recommends the approval of the
renewal of a COPCN so they can continue to provide these services to their specific area of the County.
TOTAL COST: 0.00 INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0.00
SOURCE OF FUNDS:_
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
~V -
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENT A TION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division: Emergency Services
Bulk Item: Yes X
No
Department: Fire Rescue
Staff Contact Person/Phone #: D. Hayes /6004
AGENDA ITEM WORDING: Issuance of a Certificate of Public Convenience and Necessity
(COPCN) to Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response for the operation
of an ALS transport ambulance service.
ITEM BACKGROUND: In February of 2008 a COPCN was issued to Atlantic/Key West
Ambulance, Inc., d/b/a American Medical Response to operate an ALS transport ambulance service.
This celiificate will be expiling on March 23, 2010. In view of the foregoing Atlantic/Key West
Ambulance, Inc. is applying to renew this COPCN which would become effective March 24,2010.
PREVIOUS RELEVANT BOCC ACTION: On February 20,2008 the MCBOCC approved the
issuance of a COPCN to-Atlantic/Key West Ambulance, hlC., d/b/a American Medical Response for- -
the operation of an ALS transport ambulance service for the period March 24,2008 through March 23,
2010.
CONTRACT/AGREEMENT CHANGES: The COPCN AtlanticlKey West Ambulance, Inc., d/b/a
American Medical Response currently has will be expiring on March 23, 2010. The renewal being
applied for will cover the period March 24,2010 through March 23,2012.
STAFF RECOMMENDATIONS: The MOlU'oe County Code allows the issuance ofCOPCN for the
purpose of providing essential emergency medical services to the various geographical areas of MOlU'oe
County. Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response complies with the
requirements of the said Code and Chapter 401 Florida Statutes, so in view of the foregoing Fire
Rescue staff recommends the approval of the renewal of a COPCN so they can continue to provide
these services to their specific area of the County.
TOTAL COST:N/A INDIRECT COST: N/A BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:O.OO
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty W- OMBlPuTchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Division:
Emergency Services
Bulk Item: Yes -K- No
Department: Fire Rescue
Staff Contact Person/Phone # James Callahan/x6088
AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Momoe
County and The City of Key West for mutual fire and emergency services assistance.
ITEM BACKGROUND: Each of the parties maintains equipment and personnel for the suppression
of fires and emergency rescues within its own jurisdiction and areas. The parties desire to ensure that
augmented fire and emergency services will be available in their respective jurisdiction in the event of
large fires or unusual emergency incidents. The lands or districts ofthe parties are adjacent or
contiguous so that mutual assistance in a fire or rescue emergency is deemed feasible. It is the desire of
the parties to set forth formally in writing what has been the mutual aid practice of the parties.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: ,Approval as written.
TOTAL COST:
0.00
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 0.00
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ o~rChasing _ Risk Management_
DOCUMENTATION: Included X NotRequired_
.
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The City of Key West
Contract #_
Effective Date: 03/17/2010
Expiration Date: '3 YEARS
Contract Purpose/Description:
Memorandum of Understanding between Monroe County and The City of Key West for
mutual fire and emergency services assistance.
Contract Manager: J.CalIahan/S.Hover
(Name)
for BOCC meeting on
6088
(Ext. )
Emergency Services / Stop 14
(Department/Stop #)
03/17/2010
Agenda Deadline: 03/02/20 I 0
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
- - - -
-- --------..... - - -
- - - -
-----
- - - -
~----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $----.:Jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Division Director 3-;2 -10
Risk Manage!ll.~t?rJ- rcJ
o.L/purc~ng illl\
County Attorney
Comments:
OMB Form Revised 2/27/01 Mep #2
CONTRACT REVIEW
Changes Date Out
Needed ~e~wer
YesDNoB " /./. ,~ 3-2-/0
YeSDNoE{_ ~ ~-'~:"Jrr~(C
YesDNo[SJ ~ ~31z)' 0
YesDNorPI~ t. ~ 1+ -z.(~
.
MElVIORANDUiVl OF UNDERSTANDING
BET\VEEN
THE CITY OF KEY WEST, FLORIDA AND
MONROE COUNTY
MUTUAL FIRE AND EIHERGENCY SERVICES ASSISTANCE AGREEMENT
This Agreement, made and entered into this day of , 2009, by and
between Monroe County (COUNTY), a political subdivision of the State of Florida, and the City
of Key West, Florida (KEY WEST), a municipal corporation existing under the laws of the State
of Florida.
WITNESSETH:
WHEREAS, each of the parties maintains equipment and personnel for the suppression of fires
and emergency rescues within its own jurisdiction and areas; and
WHEREAS, the parties desire to augment fire and emergency services available III their
respective jurisdictions in the event of large fires or unusual emergency incidents; and
WHEREAS, the lands or districts of the parties are adjacent or contiguous so that mutual
assistance in a fire or rescue emergency is deemed feasible; and
WHEREAS, it is the policy of Key West and the County to conclude such agreements where
practicable; and
WHEREAS, it is deemed by the parties to be sound, desirable, practicable, and beneficial to
render assistance to one another in accordance with these terms:
.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Pagel of 5
1. Whenever it is deemed advisable by the authorized Senior Officer of a fire
department of a party to this Agreement to request firefighting or rescue assistance
under the terms of this Agreement, the authorized Senior Fire Officer on duty of the
fire department receiving the request shall forthwith take the following action:
a. Immediately determine if apparatus and personnel can be sparecl in response to
the call.
b. Determine what apparatus and personnel might most effectively be dispatched.
c. Determine the mission to be assigned in accordance with the detailed plans and
proceclures of operations drawn in accordance with this Agreement by the
technical head of fire departments involved.
d. Forthwith dispatch such apparatus and personnel as, in the judgment of the Senior
Fire Officer receiving the call, should be sent in accordance with the terms of this
Agreement.
3.
2. While the rendering of assistance under the terms of this Agreement shall not be
mandatory, the party receiving the request for assistance should immediately inform
the requesting service if service cannot be rendered. A failure to inform or failure to
render assistance shall not be considered a negligent act.
The parties agree that neither is the agent of the other. Each party is responsible for
any acts of negligence by its agents or employees. Each party to this Agreement
waives any and all claims against the other party for compensation for any loss,
damage to property, personal injury, and death occurring in consequence of the
.
performance of this Agreement. Each party engaging in any mutual cooperation and
assistance, pursuant to this Agreement, agrees with respect to any suit or claim for
Page 2 of 5
damages resulting from any and all acts, omissions, or conduct of such party's own
employees occulTing while engaging in rendering such aid pursuant to this
Agreement. to hold harmless, defend and indemnify the other participating party and
its appointees or employees, subject to provisions of Section 768.23, Florida Statutes,
where applicable, and provided such party shall have control of the defense of any
suit or claim to which said duty to indemnify applies.
4. All seL'vices performed under this Agreement shall be rendered without reimbursement
to either party. Each party agrees to furnish necessary equipment, resources and
facilities and to render services to each other party to the Agreement as set forth
above; provided however, that no party shall be required to deplete unreasonably its
own equipment, resources, facilities, and services in furnishing such mutual aid.
All of the privileges and immunities from liability, exemption form laws, ordinances
and rules, and all pensions, insurance, relief, disability, workers' compensation,
salary, death and other benefits which apply to the activity of such officers, agents, or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies shall apply to them to the same
degree, manner, and extent which engaged in the performance of any of their
functions and duties extraterritorially under the provisions of this Agreement. The
provisions of this section shall apply with equal effect to paid, volunteer, and reserve
employees.
6. The Chief Fire Officers and personnel of the fire departments of both parties to this
5.
.
Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each
Page 3 of 5
other's activities for guided familiarization consistent with local security requirements
and conduct joint pre-incident planning, inspections, training, and drills. The
technical heads of the fire departments of the parties to this Agreement are authorized
and encouraged to draft any Standard Operating Procedures necessary to effect this
Agreement. Such plans will become effective when ratified by the signatories. and
shall be attached to this Agreement as an exhibit.
7. This Agreement shall become effective upon the date hereof and shall remain in effect
for a period of three (3) years. Either party upon written notice to the other may
terminate this Agreement at any time.
8. This Agreement constitutes the entire agreement between the parties; it may be
amended only in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date written
above.
Attest: DANNY L. KOLHAGE, CLERK
Page 4 of 5
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
.
THE CITY OF KEY WEST, FLORIDA
BY:~~
Cra'ig Cate Mhyor
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 20 I 0
Division:
Emergency Services
Bulk Item: Yes -K- No
Department: Fire Rescue
Staff Contact PersonlPhone # James Callahan/x6088
AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Monroe
County and AtlanticlKey West Ambulance, Inc. for mutual fire and emergency services assistance.
ITEM BACKGROUND: Each of the parties maintains equipment and personnel for the suppression
of fires and emergency rescues within its own jurisdiction and areas. The parties desire to ensure that
augmented fire and emergency services will be available in their respective jurisdiction in the event of
large fires or unusual emergency incidents. The lands or districts of the parties are adjacent or
contiguous so that mutual assistance in a fire or rescue emergency is deemed feasible. It is the desire of
the parties to set forth formally in writing what has been the mutual aid practice of the parties.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: ,Approval as written.
TOTAL COST:
0.00
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE: N/ A
COST TO COUNTY: 0.00
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year
APPROVED BY: CountyAtty_ ~rchasjng_ Risk Management_
.
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: AtlanticlKey West
Ambulance, Inc.
Contract #_
Effective Date: 03/17/2010
Expiration Date: ongoing
Contract PurposelDescription:
Memorandum of Understanding between Monroe County and AtlanticlKey West
Ambulance, Inc. for mutual fire and emergency services assistance.
Contract Manager: J. Callahan/S. Hover
(Name)
6088
(Ext. )
Emergency Services / Stop 14
(Department/Stop #)
for BOCC meeting on
03/17/2010
Agenda Deadline: 03/02/2010
CONTRACT COSTS
Total Dollar Value of Contract: $
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) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director 3-,2-10
Changes
Needed
YesD NoG:
YesD Noc1'
'YeSDNOd~
YesDNo~ ~ 1./-hV
Date Out
Risk MaOageJnt 2\-{~( ()
O,~/purcRaSing ~O
County Attorney
3 -,.2 - j 0
'.'?-[ .~( u
3 ,0
) ./- Zt;/t>
.
Comments:
OMB Form Revised 2/27/01 Mep #2
MEMORANDUM OF UNDERSTANDING
BETWEEN
J)fflln~r/ kV Wl6t AnilillhllCe ,_iht ;
AND
MONROE COUNTY
MUTUAL EMERGENCY SERVICES ASSISTANCE AGREEMENT
This Agreement, made and entered into this
day of '
,20-, by and
between Monroe County (COUNTY), a political subdivision of the State of Florida, and
/Hltlfl'h'ej/t.tyP;t~t/W;lJ;tuc.e)t~(ENTITY), a corporation of the State of Florida.
WITNESSETH:
WHEREAS, each of the parties, maintains equipment and personnel for emergency rescues
within its own jurisdiction and areas; and
WHEREAS, the parties desire to augment emergency services available in their respective
jurisdictions in the event of unusual emergency incidents; and
WHEREAS, the lands or districts of the parties are adjacent or contiguous so that mutual
assistance in a rescue emergency is deemed feasible; and
WHEREAS, it is the policy ohhe Entity and the County to conclude such agreements where
.
practicable; and
WHEREAS, it is deemed by the parties to be sound, desirable, practicable, and beneficial to
render assistance to one another in accordance with these terms:
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Pag~ 1 of3
1. Whenever it is deemed advisable by the authorized Senior Officer of a department of
a party to th.is Agreement to request rescue assistance under the terms of this
Agreement, the authorized Senior Officer on duty ofthe department receiving the
request shall forthwith take the following action:
a. Immediately determine if apparatus and personnel can be spared in response to
the call.
b. Determine what apparatus and personnel might most effectively be dispatched.
c. Determine the mission to be assigned in accordance with the detailed plans and
procedures of operations drawn in accordance with this Agreement by the
technical head of departments involved.
d. Forthwith dispatch such apparatus and personnel as, in the judgment of the Senior
Officer receivin~ the call, should be sent in accordance with the terms of this
agreement.
2. While the rendering of assistance under the terms of this Agreement shall not be
mandatory, the party receiving the request for assistance should immediately inform
the requesting service if service cannot be rendered. A failure to inform or failure to
render assistance shall not be considered a negl igent act.
3. The parties agree that neither is the agent ofthe other. Each party is responsible for
any acts of negligence by its agents or employees.
4. All services performed under this agreement shall be rendered without reimbursement
to either party.
5. The Chief Officers and personnel of the departments of both parties to this agreement
are invited and encouraged, on a reciprocal basis, to frequently visit each other's
..
Page 2 of3
activities for guided familiarization consistent with local security requirements and
conduct joint pre-incident planning, inspections, training, and drills.
6. This Agreement shall become effective upon the date hereof and shall be ongoing
unless written notice is given by either party to terminate the agreement.
7. This Agreement constitutes the entire agreement between the parties; it may be
amended only in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date written
above.
COUNTY
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By;
Mayor/Chairman
(CORPORATE SE
Attes .
By:
OJ
AtlantmcjKey West Ambulance Inc.
(Type name of entity)
ENTITY
.
m,td~#k
By: R- 0 1>.0'-'\/-
Title: CEo - s:; oj71i
Page 3 of3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division:
Emergency Services
Bulk Item: Yes --X- No
Department: Fire Rescue
Staff Contact Person/Phone # James Callahan/x6088
AGENDA ITEM WORDING: Approval ofa Memorandum of Understanding between Monroe
County and City of Marathon for mutual fire and emergency services assistance.
ITEM BACKGROUND: Each of the parties maintains equipment and personnel for the suppression
of fires and emergency rescues within its own jurisdiction and areas. The parties desire to ensure that
augmented fire and emergency services will be available in their respective jurisdiction in the event of
large fires or unusual emergency incidents. The lands or districts of the parties are adjacent or
contiguous so that mutual assistance in a fire or rescue emergency is deemed feasible. It is the desire of
the parties to set forth formally in writing what has been the mutual aid practice of the parties.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT~GREEMENTCHANGES: N~
STAFF RECOMMENDATIONS: . Approval as written.
TOTAL COST:
0.00
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 0.00
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes No -.;:;~ AMOUNT PER MONTH Year
APPROVED BY: County Arty _ ~~/purchaSing _ Risk Management_
DOCUMENTATION: Included X Not Required_
.
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon
Contract #_
Effective Date: 03/17/2010
Expiration Date: ongoing
Contract Purpose/Description:
Memorandum of Understanding between Monroe County and City of Marathon for
mutual fire and emergency services assistance.
Contract Manager: J.Callahan/S.Hover
(Name)
6088
(Ext. )
Emergency Services / Stop 14
(Department/Stop #)
for BOCC meeting on
03/17/2010
Agenda Deadline: 03/02/201 0
CONTRACT COSTS
Total Do llar Value of Contract: $
Budgeted? YesD No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
- - -
- - ..........--... - -
- - ... -
-~---
- - -
-------
- - -
-----
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 3 -.2 -10
Changes
Needed
YesDNo8
Date Out
Risk Manag~~nl 3-1-10
o~./purcliaSing ~O
3-:;-/0
County Attorney
YesD No1
YesDNo@~r:.yJP
:?;1 i ()
~lo 10
3... - UJtD
.
Comments:
OMS Form Revised 2/27/01 Mep #2
MEMORANDUM OF UNDERSTANDING
BETWEEN
[,\ -KJ 0+ YYh (CtM16Y\
AND
MONROE COUNTY
MUTUAL FIRE AND EMERGENCY SERVICES ASSISTANCE AGREEMENT
This Agreement, made and entered into this
day of
,20--, by and
between Monroe County (COUNTY), a political subdivision of the State of Florida, and
MUNI CIP ALITY), a political subdivision of the State of
Florida.
WITNESSETH:
WHEREAS, each of the parties maintains equipment and personnel for the suppression of tires
and emergency rescues within its own jurisdiction and areas; and
WHEREAS, the parties desire to augment fire and emergency services available in their
respective jurisdictions in the event oflarge fires or unusual emergency incidents; and
WHEREAS, the lands or districts ofllie parties are adjacent or contiguous so that mutual
assistance in a fire or rescue emergency is deemed feasible; and
WHEREAS, it is the policy of the Municipality and the County to conclude such agreements
where practicable; and
WHEREAS, it is deemed by the parties to be sound, desirable, practicable, and beneficial to
render assistance to one another in accordance with these terms:
.
Page 1 of3
NOW, THEREFORE, THE P~TIES AGREE AS FOLLOWS:
1. "Whenever it is d~emed advisable by the authorized Senior Officer of a fire
department of a party to this Agreement to request firefighting or rescue assistance
under the terms ofthis Agreement, the authorized Senior Fire Officer on duty of the
fire department receiving the request shall forthwith take the following action:
a. hnmediately determine if apparatus and persormel can be spared in response to
the call.
b. Determine what apparatus and personnel might most effectively be dispatched.
c. Determine the mission to be assigned in accordance with the detailed plans and
procedures of operations drawn in accordance with this Agreement by the
technical head of fire departments involved.
d. Forthwith dispatch sl;1ch apparatus and personnel as, in thejudgrnent of the Senior
Fire Officer receiving the call, should be sent in accordance with the terms of this
agreement.
While the rendering of assistance under the terms of this Agreement shall not be
mandatory, the party receiving the request for assistance should immediately inform
the requesting service if service cannot be rendered. A failure to inform or failure to
render assistance shall not be considered a negligent act.
The parties agree that neither is the agent of the other. Each party is responsible for
any acts of negligence by its agents or employees.
All services performed under this Agreement shall be rendered without
reimbursement to either party.
2.
.
3.
4.
Page 2 of3
I
5. The Chief Fire Officers, and personnel of the fire deparhnents of both parties to this
agreement are in:vited and encouraged. on a reciprocal basis, to frequently visit each
other's activities for guided familiarization consistent with local security
requirements and conduct joint pre-incident planning. inspections, training. and drills.
6. This Agreement shall become effective upon the date hereof and shall be ongoing
unless written notice is given by either party to tenninate the agreement.
7. This Agreement constitutes the entire agreement between the parties; it may be
amended only in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date written
above.
COUNTY
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MUNICIPALITY
(CORPORATE SEAL)
~;:e~OfVuL clomw/
rJtrL
Title:
MONROE COUNTY ATTORNEY
A~STO~
YNTH!A L.~A_L Page 3 of3
ASSISTANT COUNT~ATTORNEY
Date ~-{ -"Ul
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
Mayor/Chairman
.
u -kt of mG rR-ffl 0Y1
(Type name of municipality)
;?J ILl
Title: K ~ ~ G -t(1 rnaj~J~ r
!
j.
By:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2010
Division:
Emergency Services
Bulk Item: Yes -K- No
Department Fire Rescue
Staff Contact Person/Phone # James Callahan/x6088
AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Monroe
County and Islamorada, Village of Islands for mutual fire and emergency services assistance.
ITEM BACKGROUND: Each of the parties maintains equipment and personnel for the suppression
of fires and emergency rescues within its own jurisdiction and areas. The parties desire to ensure that
augmented fire and emergency services will be available in their respective jurisdiction in the event of
large fires or unusual emergency incidents. The lands or districts of the parties are adjacent or
contiguous so that mutual assistance in a fire or rescue emergency is deemed feasible. It is the desire of
the parties to set forth formally in writing what has been the mutual aid practice of the parties.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: .Approval as written.
TOTAL COST:
0.00
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE: NI A
COST TO COUNTY: 0.00
SOURCE OF FUNDS: NI A
REVENUE PRODUCING: Yes No_ ' AMOUNTPERMONTH_ Year
APPROVED BY: County Ally ~ o~rChaSing _ Risk Management _
DOCUMENTATION: Included X Not Required_
.
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Islamorada, Village of
Islands,
Contract #_
Effective Date: 03/17/2010
Expiration Date: ongoing
Contract Purpose/Description:
Memorandum of Understanding between Monroe County and Islamorada, Village of
Islands for mutual fire and emergency services assistance.
Contract Manager: lCallahan/S.Hover
(Name)
6088
(Ext. )
Emergency Services / Stop 14
(Department/Stop #)
for BOCC meeting on
03/17/2010
Agenda Deadline: 03/02/2010
CONTRACT COSTS
Total Dollar Value of Contract: $
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) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director 3-.;< ~ 10 YesD NoB
Risk Mana~~fent 2ii=lO Y esD No~
o.~.IPu~asing WO YesD No ." ,
County Attorney 8,~D YesD NoQl' ~ rJIvR
Comments:
Date Out
3-';<- /0
.
:;... - ';..DID
OMB Form Revised 2/27/01 Mep #2
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
AND
MONROE COUNTY
MUTUAL FIRE AND EMERGENCY SERVICES ASSISTANCE AGREEMENT
This Agreement, made and entered into this
day of
, 20-, by and
between Monroe County (COUNTY)> a political subdivision ofthe State ofFlorlda, and
(MUNICIPALITY), a political subdivision of the State of
Florida.
WITNESSETH:
WHEREAS, each of the parties maintains equipment and personnel for the suppression of fires
and emergency rescues within its own jurisdiction and areas; and
'WHEREAS, the parties desire to augment fire and emergency services available in their
respective jurisdictions in the event of large fires or unusual emergency incidents; and
. .
WHEREAS. the lands or districts of the parties are adj acent or contiguous so that mutual
assistance in a fire or rescue emergency is deemed feasible; and
.
WHEREAS, it is the policy of the Municipality and the County to conclude such agreements
where practicable; and
WHEREAS. it is deemed by the parties to be sound, desirable, practicable. and beneficial to
render assistance to one another in accordance with these terms:
Page 1 of3
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Whenever it is deemed advisable by the authorized Senior Officer of a fire
department of a party to this Agreement to request firefighting or rescue assistance
under the terms of this Agreement, the authorized SeniOl- Fire Officer on duty of the
fire department receiving the request shall forthwith take the following action:
a. Immediately determine if apparatus and personnel can be spared in response to
the call.
b. .Detennine what apparatus and personnel might most effectively be dispatched.
c. Determine the mission to be assigned in accordance with the detailed plans and
procedures of operations drawn in accordance with this Agreement by the
technical head of tire departments involved.
d. Forthwith dispatch such apparatus and personnel as, in the judgment of the Senior
Fire Officer receiving the call. should be sent in accordance with the terms of this
agreement.
2. While the rendering of assistance under the terms of this Agreement shall not be
mandatory, the party receiving the request for assistance should immediately inform
. .
the requesting service if service cannot be rendered. A failure to infann or failure to
render assistance shall not be considered a negligent act.
.
3. The parties agree that neither is the agent of the other. Each party is responsible for
any acts of negligence by its agents or employees.
4. All services performed under this agreement shall be rendered without reimbursement
to eitb,er party.
Page 2 of3
5. The Chief Fire Officers and personnel of the fIXe departments of both parties to this
agreement are invited and encouraged. on a reciprocal basis, to frequently visit each
other's activities for guided familiarization consistent with local security
requirements and conduct j oint pre-incident planning, inspections, training, and drills.
6. This Agreement shall become effective upon the date hereof and shall be ongoing
unless written notice is given by either party to terminate the agreement.
7. - This Agreement constitutes the entire agreement between the parties; it may be
amended only in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date written
above.
COUNTY
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
.
Is \ f}1Y){\')t'Ab ~) \J d 1 f.)G e t>t.ts lfl ~bS
(Type name' of municipality)
o AS"P&f F'.
AND LEGALITY E.9JR.n.; I'l
BENEf-Tt. , r
ISLAMORADA, VILLAGE ~)F
ISLANDS ONLY
elL
"
. J~~~ .(
: - Vtt.l;~,qe. ATTORNEY -J
.
t................--.-...-
MONROE COUNTY ATTORNEY
PR V'f.D t..SifJ!1jORM:
CYNTH IA L. HALL
ASSISTANT JOUNTY ATTORNEY
Date .3 - "''J,..OtO
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2010
Division: Emergency Services
Bulk Item: Yes l..
No
Department: Emergency Management
Staff Contact Person/Phone #: Jose Tezanos 6325
AGENDA ITEM WORDING: Approval to piggyback the Palm Beach County requisition and issue a
Purchase Order to Mitigation the Simple Solution IT Solutions (MTSS) in the amount of$50,000.00, fully
grant funded and no county match, to provide emergency management consulting services as described in
their Scope of Work (SOW) to Monroe County Emergency Management on an "as needed basis", and
authorization for the County Administrator to execute any other required documentation.
ITEM BACKGROUND: On February 11, 2010 approval was obtained from the Florida Department of
Emergency Management to use funds from Agreements 08-DS-60-1I-54-01-343 and 09-DS-51-11-54-01-338 to
support activities as listed in the MTSS SOW proposal. MTSS Consultant team may perform certain activities
at the request of the county Program Manager to develop, test, and customize boards based on priorities set by
Sponsors and Project Manager. Boards shall have a consistent design and an emphasis put on ease of uses.
MTSS may be asked to design, develop, or review boards including but not limited to the boards listed in
MTSS SOW. It will design and document the process flow, identify and create a detailed implementation plan,
develop a concept of operations for Monroe County WebEOC instance, provide support to ensure the
operational readiness of the software, review and or design and develop all training material, assist in or
provide training to all required personnel, and design, develop and execute a tabletop or functional exercise.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approve request to issue Purchase Order to MTSS IT Solutions. We
will be using existing cost center 13520 created by OMB.
TOTAL COST: 50,000.00 INDIRECT COST:
BUDGETED: Yes lNo
DIFFERENTIAL OF LOCAL PREFERENCE:
.
COST TO COUNTY: NONE
SOURCE OF FUNDS: Grant
REVENUE PRODUCING: Yes l.. No
AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty Yes
OMB/Purchasing Yes
Risk Management Yes
DOCUMENTATION:
Included X
Not Required~
DISPOSITION:
AGENDA ITEM #
Revised 7/09
iliIil
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS'
CONTRACTS~y
Contract with:
MTSS IT Solutions
Contract #_
Effective Date:
Expiration Date:
February 16, 2009
May 31,2010
Contract Manager: Jose Tezanos
(Name)
6325
(Ext. )
14
(Department/Stop #)
for BOCC meetin on
Mar. 17,2010
enda Deadline: Mar. 2, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000.00
Budgeted? YesO No rgJ Account Codes:
Grant: $ 50,000.00
County Match: $ 0
Current Year Portion: $ 50,000.00
<JE0820-530310-_-_-_
<JE0920-530490-_-_-_
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitoriaL salaries, etc.)
J, '0 IU
-K-1-1- 10
~
CONTRACT REVIEW
Changes
Needed
YesO No '
.~z
Division Director I t{
Risk Management S~1P
O~BlPuriing Wo
County Attorney ifk if/; 0
Comments: ~~ . ~: ~ L4 et-
b1... (0 ~ .
YesO No
Y esO NO~"
OMB Form Revised 2/27/01 MCP #2
Date Out
\,
-
Monroe
County
Emergency
Management
490 63rd St. Ocean
Suite 150
Marathon, FL 33050
\ D f\,~b
\\ \ ~ ;U
0\ '. \
..e.4~!~~t2~Z~n1-. .
.,.,;':"....' .. "",.~'.'T'"
"~.' 0 ,',"<'~!i,
,:~V~. _', ,'\<:~~,
~:f . , , (("....,
t- . j .:~ I~lt:
!'~. r. 'I .g1:.'
~;;'}}~~'if~it'?/
Ph: 305-289-6018
Fax: 305-289-6333
MEMORANDUM
;~ .
,Y ,- CLf~
vi> e::;:i~:~
co~-
~f~~ t
DATE:
February 23, 2010
RECEIVED
'~,_._>
TO:
----.
"--.
Kathy Peters
~~...........
Gooo_~ Attorney's Office
~, r4J,
Jose Tezanos ~
:1 2010
ATTORNEY
FROM:
SUBJECT:
Approval to issue Purchase Order to vendor MTSS
Piggyback from Palm Beach County
Enclosed please find Agenda Item, Contract Summary and supporting
documentation to obtain approval from Risk Management, O.M.B., and
County Attorney for submission in the next BOCC meeting on March 17,
2010.
We appreciate any assistance you may provide.
Thank you,
Jose
-x 0e a.~ ~ t~~ U,~ ~ L-U:;U~rfO ttf/-M::..
~
Q
FW: Monroo Allowable expense request grants 08-DS-60-11-54-01-343 and 09-DS-51-11-54-01-338 Page 1 of2
Peters-Katherine
From: Washington, Carolyn [Carolyn.Washington@em.myflorida.com]
Sent: Thursday, February 11, 2010 12:12 PM
To: Tezanos-Jose
Subject: FW: Monroe Allowable expense request grants 08-0S-60-11-54-01-343 and 09-0S-51-11-54-01-338
Attachments: Scope of Work Monroe County WebEOC.docx
Jose,
Your request for review of Web EOC Oevelopment/Customization Planning Scope of Work was returned
approved for Agreements 08-05-60-11-54-01-343 and 09-05-51-11-54-01-338. Please place a copy of
this e-mail along with the Scope of work for this allowable project in each agreement file.
Carolyn Washington
Community Assistance Consultant
Dhision of Emergency Management
Bureau of Response Grants Section
2555 Shumard Oak BouJe\ard
Tallahassee. Florida ~n99-2100
Telephone (850) -lIO-In1 Fax (850) -l88-78-l2
E-mail: carolyn.washingtoIl(lenunyflorida.com
From: Tezanos- Jose [mailto:Tezanos- Jose@monroecounty-fl.gov]
Sent: Monday, February 08,2010 1:15 PM
To: Washington, Carolyn
Subject: FW: Monroe Allowable expense request grants 08-05-60-11-54-01-343 and 09-05-51-11-54-
01-338
Hi Carolyn,
We have been having problems with our email system and are wondering if you ever received this email.
We were worried because you are so good in acknowledging everything we ever submit to you. Your
response and assistance is appreciated.
Thank you,
pue 7~
~~~~~
305-289-6325
Nothing will ever be attempted if all possible objections must first be
overcome.-- Samuel Johnson
HELP US HELP YOU!
Please take a moment to complete our Customer Satisfaction Survey:
http://monroecofl.virtualtownhall.netfPaqes/MonroeCoFL WebOocs/css Your feedback is important to
us!
Please note: Florida 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
2/24/2010
FW: Monroe Allowable expense request grants 08-DS-60-11-54-01-343 and 09-DS-51-11-54-01-338 Page 2 of2
request. Your e-mail communication may be subject to public disclosure.
From: Tezanos-Jose
Sent: Wednesday, February 03, 20104:53 PM
To: 'Washington, carolyn'
Cc: Toner-Irene
Subject: Monroe Allowable expense request grants 08-D5-60-11-54-01-343 and 09-D5-51-11-54-01-338
Good afternoon Carolyn,
<<Scope of Work Monroe County WebEOC.docx>>
Could you please route the attachment to your programmatic staff, to see if the WebEOC Development and Customization
Planning Scope of Work would be an allowable expense under HSGP? We would like to use un allocated funds left in
08.0S.60.11.54.01.343 and 09.0S.51.11.54.01.338 to cover the planning and implementation cost.
Thank you,
Jose
~ "7~
~~~~~
305-289-6325
Nothing will ever be attempted if all possible objections must first be overcome.-- Samuel
Johnson
HELP US HELP YOU!
Please take a moment to complete our Customer Satisfaction Survey:
http://monroecofl.virtualtownhall.netfPages/MonroeCoFL WebOocs/css Your feedback is important to us!
Please note: Florida 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 e-mail
communication may be subject to public disclosure.
2/24/2010
~I _.
I ~ ~ 1:..:=
, ..MTSS_ ~';",
.............n..~~ ~ _ .~~
.lITSS IT Solutions
EnI~rc""{)' lclanagement Professional Sen'ices Division
Scope of Work
1. Services: MTSS Consultant team may perform the following activities at the request of
the county Program Manger:
1.1. WebEOC Development and Customlzation: The boards will be developed and
tested based on priorities set by Sponsors and Project Manager. Boards shall have a
consistent design and an emphasis put on ease of uses. MTSS may be asked to
design, develop, or review boards including but not limited to the following;
1.1.1. Sign in Out
1.1.2. Position Log
1.1.3. Mission Task
1.1.4. Mission Task Controller
1.1.5. Signification Event
1.1.6. Signification Events
Controller
1.1.7. Situation Reporting (SitRep)
1.1.8. lAP (Incident Action Plan)
1.1.9. Transportation
1.1.9.1. Air
1.1.9.2. Water
1.1.9.3. Rail
1.1.9.4. Road
1.1.10. Road and Bridge Closure
1.1.11. PIO/Public Information
1.1.12. Field Station Briefing
1.1.13. Critical Infrastructure
1.1.14. Hospital Status
1.1.15. Shelters
1.1.16. Utilities
1.1.16.1. Power
1.1.16.2. Water
1.1.16.3. Sewer
1.1.17. Human Resource
1.1.18. Communications
1.1.19. Finance
1.1.20. Other Board Mutually Agree
To by both parties
1.2. Process Flow: Design and Document the process flow for the boards based on
information obtained from stakeholders, Project Manager, and Project Team.
Ensure all boards have interoperability with each other and the WebEOC software
program.
1.3. Implementation Design/PIan: Work with the Project manager and Project Team
to identify and create a detailed implementation plan. Ensure the plan outlined has
sustainability past the end of the contract to allow County personnel to maintain
and continue to build out the WebEOC project.
1.4. Concept of Operations (CONOPS): Develop the Concept of Operations (CONOPS) for
PBC's WebEOC instance. MTSS will describe the characteristics ofWebEOC from the user's
viewpoint. This CONOPS will show the evolution from the concept and describe how
WebEOC's capabilities may be employed to achieve desired goals and objectives.
1.5. Operational Readiness: Provide support to ensure the operational readiness of the
software.
1.6. Training Material DevelopmentjValidation: Review and or design and develop
all training material to ensure the training program is complete and outlines
required information necessary for student instruction.
1. 7. Provide Training Support: Assist in or provide training to all required personnel
insuring all participants have an operational knowledge ofWebEOC and their
positions by the end of training.
1.8. Provide Tabletop/Functional Exercises: MTSS will design, develop and execute a
tabletop or functional exercise to test the implementation and design of the system
and the ability of personnel to fill the responsibilities of the roles assigned.
MTSS IT Solutions, Inc
2131 N. Collins S1. Suite433-615 Arlington, TX 76112
877-YES-MTSS
~ A ~"'.."
-f-/: .~_
MTSS _ ~:'"
~n.~".,.".,..~ Ir:,~.....
.lITSS IT Solutimls
Em"J:"''''Y ,II""ag<'11I,?,t Professional Services Division
2. RESPONSIBILITIES OF MTSS
2.1. MTSS shall perform only those services directly authorized by the County Program
Manager or designee.
2.1.1.Progress reports and invoices shall be provided monthly and on a needed
basis.
2.1.2.MTSS will provide the invoices months from start of work at the end of each
month.
2.1.3.MTSS will provide verbal updates on the project to the Project manager
weekly.
2.1.4.MTSS will provide an end of the month report summarizing progress, status
and milestones at the end of each month,
2.2. MTSS will provide the name, resume and professional experience of its staff
members who will be assigned to the project All consultants will at a minimum
have received Administrator, Advanced Board Builder and Resource manager
training from ESt
3. CONDITIONS
MTSS can provide these services under several price structures. The four following options
are available.
1. MTSS is prepared to offer the above services for a six-month period with the
equivalent of one full time consultant (1040 hour) of effort for the firm fixed price of
$55,000.00. This includes any or all services listed in 1.1 through 1.7 and one
exercise as listed in 1.8. Under this option MTSS will meet once a week with the
program manager to report current status, discuss needs and work to be completed,
and meet with stake holders (when needed) to validate work being done.
2. MTSS is prepared to offer the above services for one month with the equivalent of
one full time consultant (160 hour) of effort for the firm fixed price of $10,000.00.
This includes work on any or all services listed in 1.1 through 1.7. MTSS will meet
with the program manager and stake holders twice under this option, once at the
beginning and once at the mid point to discuss issues and get validation on work
done.
3. MTSS is prepared to provide the above services as directed by the Program Manager
for the hourly rate (billed as direct hours on actual work requested) $65.75. MTSS
will meet at the request of the Program Manger and bill appropriate hours for all
meetings.
Combinations, Monroe County may exercise to combine any of the fixed price
options (lor 2) with follow on hourly support if requested.
We look forward to the opportunity to support Monroe County Division of Emergency
Management on this important project If you have any questions, please contact Mr. Jimmy
Stanford at 202-725-5565 or iimmy.stanford@mtss,biz.
Sincerely,
x~
Jimmy L. Stanford
Operations Director, MTSS
MTSS IT Solutions, Ine
2131 N. eollins St. Suite433-615 Arlington, TX 76112
877-YES-MTSS
I
~1'~rf'C'.~C~
.,_ .Ja....-~.:'
~Tbcso."p,~~
MTSS IT Solutions
~'MtmIlgement Professional Services Division
Scope of Work
1. Services: MTSS Consultant team may perform the following activities at the request of
the county Program Manger:
1.1. WebEOC Development and Customization: The boards will be developed and
tested based on priorities set by Sponsors and Project Manager. Boards shall have a
consistent design and an emphasis put on ease of uses. MTSS may be asked to
design, develop, or review boards including but not limited to the following;
1,1.1. Sign in Out
1.1.2. Position Log
1.1.3. Mission Task
1.1.4. Mission Task Controller
1.1.5. Signification Event
1.1.6. Signification Events
Controller
1.1.7. Situation Reporting (SitRep)
1.1.8. lAP (Incident Action Plan)
1.1.9. Transportation
1.1.9.1. Air
1.1.9.2. Water
1.1.9.3. Rail
1.1.9.4. Road
1.1.10. Road and Bridge Closure
1.1.11. PIO/Public Information
1.1.12. Field Station Briefing
1.1.13. Critical Infrastructure
1.1.14. Hospital Status
-1.1.15. Shelters
1.1.16. Utilities
1.1.16.1. Power
1.1.16.2. Water
1.1.16.3. Sewer
1.1.17. Human Resource
1.1.18. Communications
1.1.19. Finance
1.1.20. Other Board Mutually Agree
To by both parties
1.2. Process Flow: Design and Document the process flow for the boards based on
information obtained from stakeholders, Project Manager, and Project Team.
Ensure all boards have interoperability with each other and the WebEOC software
program.
1.3. Implementation Design/Plan: Work with the Project manager and Project Team
to identify and create a detailed implementation plan. Ensure the plan outlined has
sustainability past the end of the contract to allow County personnel to maintain
and continue to build out the WebEOC project
1.4. Concept of Operations (CONOPS): Develop the Concept of Operations (CONOPS) for
PBC's WebEOC instance. MTSS will describe the characteristics ofWebEOC from the user's
viewpoint This CONOPS will show the evolution from the concept and describe how
WebEOC's capabilities may be employed to achieve desired goals and objectives.
1.5. Operational Readiness: Provide support to ensure the operational readiness of the
software.
1.6. Training Material DevelopmentfValidation: Review and or design and develop
all training material to ensure the training program is complete and outlines
required information necessary for student instruction.
1.7. Provide Training Support: Assist in or provide training to all required personnel
insuring all participants have an operational knowledge ofWebEOC and their
positions by the end of training.
1.8. Provide Tabletop /Functional Exercises: MTSS will design, develop and execute a
tabletop or functional exercise to test the implementation and design of the system
and the ability of personnel to fill the responsibilities of the roles assigned.
-
MTSS IT Solutions, Inc
2131 N. Collins St Suite433-615 Arlington, TX 76112
877-YES-MTSS
I
4YiT;:"_
~~---
2. RESPONSIBILITIES OF MTSS
2.1. MTSS shall perform only those services directly authorized by the County Program
Manager or designee.
2.1.1.Progress reports and invoices shall be provided monthly and on a needed
basis.
2.1.2.MTSS will provide the invoices months from start of work at the end of each
month.
2.1.3.MTSS will provide verbal updates on the project to the Project manager
weekly.
2.1.4.MTSS will provide an end of the month report summarizing progress, status
and milestones at the end of each month.
2.2. MTSS will provide the name, resume and professional experience of its staff
members who will be assigned to the project. All consultants will at a minimum
have received Administrator, Advanced Board. Builder and Resource manager
training from ESi.
MTSS IT Solutions
~. MllIIiIgement ProfeasiolUll Services Division
3. CONDITIONS
MTSS can provide these services under several price structures. The four following options
are available.
1. MTSS is prepared to offer the above services for a six-month period with the
equivalent of one full time consultant (1040 hour) of effort for the firm fixed price of
$50,000.00. This includes any or all services listed in 1.1 through 1.7 and one
exercise as listed in 1.8. Under this option MTSS will meet once a week with the
program manager to report current status, discuss needs and work to be completed,
and meet with stake holders (when needed) to validate work being done.
2. MTSS is prepared to offer the above services for one month with the equivalent of
one full time consultant (160 hour) of effort for the firm fixed price of $10,000.00.
This includes work on any or all services listed in 1.1 through 1.7. MTSS will meet
with the program manager and stake holders twice under this option, once at the
beginning and once at the mid point to discuss issues and get validation on work
done.
3. MTSS is prepared to provide the above services as directed by the Program Manager
for the hourly rate (billed as direct hours on actual work requested) $65.75. MTSS
will meet at the request of the Program Manger and bill appropriate hours for all
meetings.
Combinations, Monroe County may exercise to combine any of the fixed price
options (1 or 2) with follow on hourly support if requested.
-
We look forward to the opportunity to support Monroe County Division of Emergency
Management on this important project If you have any questions, please contact Mr. Jimmy
Stanford at 202-725-5565 or iimmy.stanford@mtss.biz.
Sincerely,
~
Jimmy L. Stanford
Operations Director, MTSS
MTSS IT Solutions, Ine
2131 N. Collins S1. Suite433-615 Arlington, TX 76112
877- YES-MTSS
Division of Emergency Management
REQUISITION WORKSHEET
Initiator: Matt Cronin, Date: 4/2/2009
Administration Manager
Terms: I F.O.B.: Delivery Date:
PO Number: I Amount: $50,000
Vendor Name: Mitigation the Simple Solution IT Solutions (MTSS)
Address: 2131 N. Collins, Suite 433-615
City/State/Zip: Arlington, Texas 76011
Phone: 1-877-937-6877
Fed 10 Number: 04-3659716
Quantity Description Unit Price Total
1 Phase II of the County's $50,000 $50,000
REMCS Project
Justification:
The Division of Emergency Management (DEM) is one of the six Divisions within the
Public Safety Department DEM is responsible for mitigation, preparedness, response
and recovery from emergencies and disasters for Palm Beach County.
DEM was able to secure with the assistance of the Purchasing Department via a
Request For Proposals (RFP) No. 07-1121DP, contracts with five (5) Pre-Qualified
vendors to provide emergency management consulting services to DEM on an "as
needed basis". The contracts with the five (5) Pre-Qualified vendors calls for the
issuance of Work Orders for the vendors to submit quotes on a given project and for
DEM to select one of the pre-qualified vendors.
To meet the needs of Palm Beach County and the region related to information and
intelligence, DEM requested support in developing a web based software as a local and
regional information sharing source. This initiative was the first step in the efforts to
develop the county's emergency management information system and tie together
regional, county and municipal critical information and data in one system. The four
UASI (Urban Area Security Initiative) counties of Broward, Miami-Dade, Monroe, Palm
Beach and municipalities located in their borders formed the South Florida Regional
Emergency Management Collaboration System (REMCS) to address this regional
information collaboration need. The four UASI counties procured via its developer ESi
Acquisition Inc, the WebEOC software which is a web-based crisis information
management application that provides functions to gather, coordinate, and disseminate
information between emergency personnel and Emergency Operations Centers (EOC),
The purpose of the REMCS via the WebEOC software is to provide a conduit for
communication, coordination and information sharing between County Emergency
Management in Region 7, eventually tying Municipal and Partner agencies into the
system as well. This system was designed to allow appropriate information to be shared
with appropriate agencies and partners through the use of rights and permissions set in
the system,
-
The Regional rollout was designed into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase III: Municipal Design and Development
Palm Beach County will utilize WebEOC to track and share critical information in an
activation. It is the goal of DEM for Palm Beach County tobe prepared and to use the
WebEOC software before the beginning of the 2009 Hurricane Season, which begins on
June 1, 2009. The attached work order and request for a response is intended to
address Phase II (County design and development) for Palm Beach County.
On March 24, 2009 DEM issued a work order to all five (5) Pre-Qualified vendors to
support Phase II of the County's REMCS Project. The work orders were submitted via
express mail signature required pursuant to article 28 "Notice" of the contract. A copy of
the work orders submitted to the five pre-qualified vendors and proof of mailing and
receipt is annexed hereto. By the quote submission deadline of March 31,2009, four of
the five (5) Pre-Qualified vendors submitted responses, A copy of the responses is
annexed hereto,
The four were as follows:
1. MTSS response to work order at $50,000.
2. Calvin, Giardano & Associates response to work order at $50,000.
3, Beck Disaster Recovery response to work order declined to submit
4. URS Corporation Southern response to work order declined to submit.
A response was not received from the remaining one pre-qualified vendor, Critical
Incident Solutions. DEM staff performed an initial review of the quotes submitted to
determine if all the work order requirements were met. After reviewing the two
responses received, it was determined that only MTSS fully met all requirements as set
forth in the work order. The requirement for completion of the WebEOC Administrator
Course was not met by Calvin, Giordano and Associates. Therefore, a determination
was made to select MTSS as the most qualified vendor, Vendor selection notice to
MTSS was mailed April 2nd, 2009. Copy attached,
Proposed Action:
It is respectfully requested that:
(1) The Pre-Qualified vendor MTSS be awarded the Phase II of the County's
REMCS Project at the quoted price of $50,000;
(2) Phase II of the County's REMCS Project be processed utilizing funds awarded to
DEM from the EMPA Federal Grant 08-09 for $50,000; and
(3) The total amount of $50,000 from the EMPA Federal Grant 08-09 $50,000 be
encumbered now for future per payment to MTSS schedule outlined in the work
order: 50% of the awarded amount at the end of the third month of the project;
and 50% of the awarded amount at the end of the sixth month of the project.
-
Attachments:
· DEM work order Droaress trackino form.
....~oal1)..
Work orders and proof of mailing to all five Pre-Qualified Vendors,
Calvin Giordano and Associates response to work order request for quote,
Beck Disaster Recovery response to work order request for quote,
URS Corporation response to work order for quote,
MTSS response to work order for quote.
Calvin, Giordano and Associates non-selection notice
MTSS selection notice.
Note: Critical Incident Solutions, no response received,
OEM Budget Line Item No.
Mana er's Name and Initials: Matt Cronin
41 109
41 --!09
Charles E Tear, Director
Date
Financial Anal st
Date
-
Work Orders Progress Tracking
Pre-Qualified Vendors
Phase II of the County's REMCS Project
, Project Phase II of the County's REMCS Project
name:
Worlc' order 3/24/09
sent:
Allocated Not to exceed $50,000
Funding:
Closing 3/31/09
date:
Quote I 1. Calvin, Giordano and Associates at $50,000:
responses 2, Mitigation the Simple Solution at $50,000
submitted: i
Not i 1. Beck Disaster Recovery
submitted: I 2. Critical Incident Solutions
3. URS Corporation Southern
Vendor MTSS
.elected
Ttme 5. OUTliNE OF WORK TASKS AND DELIVERABLES FOR WHICH CONSULTANT
HnuIfltsks: SERVICES ARE REQUIRED
The Consultant will perform the following professional emergency management
activities:
a. The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee and the Regional WebEOC
development committee and staff to identify project goals, objectives, timelines,
and a detailed implementation project design plan,
b. On a weekly basis, the Consultant's team will provide the OEM Director or
designee a project status update,
c. On a monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction,
d. The Consultant shall complete the following five (S) deliverables:
L Information Process Flow: Outline and implement information process flows in
--. WebEOC based on information obtained from OEM staff and needs identified by
-
OEM WIO Tracking April 15,2008
Work Orders Progress Tracking
Pre-Qualified Vendors
Phase II of the County's REMCS Project
I I partner agencies
j 2, Concept of Operations (CONOPS) Develop the Concept of Operations (CONOPS)
I for PBC's WebEOC instance, We will describe the characteristics of WebEOC from
the user's viewpoint. The CONOPS will show the evolution from a concept and
I describe how WebEOC's capabilities may be 'employed to achieve desired goals
and objectives,
3, WebEOC's Development and Customization: Customize WebEOC "boards" for
Palm Beach County, Boards will be developed based on priorities set by OEM
Management, Boards shall have a consistent design and an emphasis put on ease
of use,
4, Training Development and Initial Training: Develop initial training to be
completed and tested during the 2009 State of Florida Hurricane Exercise,
5, Municipal and Partner Agency Planning: Initiate planning for Palm Beach
County's municipalities and partner agencies including meeting attendance,
providing demonstrations of WebEOC's capabilities and describing the software's
role in Palm Beach County,
e. Coordinate with the OEM Technology Committee and Regional WebEOC
development committee on the technological functionality and needs in the
implementation of DEM's fusion initiative,
f. Conduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on initiatives not feasible during the duration
of the project to DEM Director or designee,
Project Six (6) months
duration:
DEM Matt Cronin, Administration
contact:
Otant EMPA Federal 08-09 $50,000.
~rce:
Request to
Raca/:
.
-
OEM WIO Tracking Apri/15, 2008
Department of Public Safety
Divisiou of Emergency Management
20 S, Military Trail
West Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.obcgov.com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Chairman
Addie L Greene
Karen T. Marcus
Shelley Vana
District 4
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
Affinnative Actiol! Employer"
ogether
mergencies
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ADM-09-004
April 2nd, 2009
Chas Walts
MTSS IT Solutions
2131 N. Collins, Suite 433-615
Arlington, Texas 76011
RE: Phase" of the County's REMCS Project
This is to notify you that you have been selected as the pre-qualified
vendor for this project.
Please contact me to set up the "kick off' meeting for this project.
Sincerely,
William Weinshank
Special Projects Coordinator
..
Department of Pnblic Safety
Division of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.Dbc~ov.com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Chairman
Addie L Greene
Karen T. Marcus
Shelley Vana
District 4
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
AiJinnative Action Employer"
ADM-09-005
April 2, 2009
Calvin, Giordano and Associates
560 Village Boulevard
Suite 340
West Palm Beach, Florida 33409
RE: Phase II of the County's REMCS Project
ogether
mergencies
r('
(///(/j{cd
This is to notify you that you were not selected as the pre-qualified
vendor for this project
For any questions please contact me at (561) 712-6378,
Sincerely,
William Weinshank
Special Projects Coordinator
-
Deparbnent of PubUc Safny
Division of Emergency Management
20 S, Military Trail
West Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.pbcl!Ov.com
.
Palm Beacb County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Chainnan
Karen T, Marcus
Shelley Vana
Jess R Santamaria
District 4
Addie Greene
County Administrator
Robert Weisman
"An EqunI Opporlunity
Affinnative Action Employer"
ADM-14-09-l
ogether
mergencies
re
anaged
March 24, 2009
EXPRESS MAIL
SIGNATURE REQUIRED
Jonathan Burgiel
Beck Disaster Recovery, INc,
800 North Magnolia Avenue, Suite 400
Orlando, Florida 32803
RE: Request for Worker Order Quotes for the development and coordination
of Phase II of the County's Regional Emergency Management
Collaboration System (REMCS) Project
Attached please find a Request for a Work Order Quote pursuant to Contract
No. 07 -1121DP for the development and coordination of Phase II of the
Regional Emergency Management Collaboration System (REMCS) Project
Please note the quote submission date is end of business on March 31, 2009.
For additional infonnation and questions regarding this request for a work order
please contact Mr, William Weinshank, Special Projects Coordinator. at (561)
712-6320.
I will be out of the office on the week of March 30, 2009. As such, please
submit your response to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov,org
Oscar Alvarez
Terrorism Response Planner
Encl.
Request for a Work Order Quote
From Pre-Qualified Consultants
1. PURPOSE
Palm Beach County Division of Emergency Management (hereinafter "OEM") is issuing
this request for a work order quote from the pre-qualified vendors (hereinafter
"Consultant") pursuant to Contract No. 07-112/DP for assistance with the design,
development and implementation of Phase " (CountY Phase) of the Regional
Emergency Management Collaboration System (REMCS) project for Palm Beach
County. This shall indude establishing infonnation process flows within the WebEOC
application, developing a concept of operations, customizing WebEOC boards,
developing training materials for end users, and coordinating WebEOC planning efforts
with Palm Beach County municipalities and partner agencies.
2. GENERAL INFORMATION
OEM began a Fusion Initiative in September 2008 to coordinate local and regional
efforts to manage and share critical infonnation and data. Fusion refers to managing
the flow of infonnation and intelligence across levels and sectors of government and
private industry. It goes beyond establishing an intelligence center or creating a
computer network. Fusion supports the implementation of risk-based, information-driven
prevention, response, and incident management programs. At the same time, it
supports efforts to address immediate or emerging threat related circumstances and
events. The fusion process turns infunnation and Intelligence into knowledge. To meet
the needs of Palm Beach County and the region related to infonnation and intelligence,
OEM requested support In developing a web based software as a local and regional
information sharing source. This initiative was the first step in the efforts to develop the
county's emergency management infonnation system and tie together regional, county
and municipal critical Infonnation and data in one system. The four UASI (Urban Area
Security Initiative) counties of Broward, Miami-Dade, Monroe, Palm Beach and
municipalities located in their borders funned the South Florida Regional Emergency
Management Collaboration System (REMCS) to address this regional infunnation
collaboration need. The four UASI counties procured via its developer ESi Acquisition
Inc. the WebEOC software which is a web-based crisis infonnation management
application that provides functions to gather, coordinate, and disseminate information
between emergency personnel and Emergency Operations Centers (EOCs),
The purpose of the REMCS via the WebEOC software is to provide a conduit for
communication, coordination and infonnation sharing between County Emergency
Management in Region 7, eventually tying Municipal and Partner agencies into the
system as well. This system was designed to allow appropriate infunnatlon to be shared
with appropriate agencies and partners through the use of rights and pennissions set in
the system.
-
The REMCS Project was split into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase 11/: Municipal Design and Development
Palm Beach County will utilize WebEOC to track and share critical information on a
daily basis and in times of activation. It is the goal of OEM for Palm Beach County to be
prepared and to use the WebEOC software before the beginning of the 2009 Hurricane
Season, which begins on June 1, 2009.
This work order and request for a response is intended to address Phase II (County
Design and Development) for Palm Beach County.
3. METHOD OF ORDERING
OEM will provide Consultants an open notice of this request for a work order quote.
OEM will provide Consultants with a detailed scope of work for the project specifying the
work to be done and request Consultants submit a written quote to OEM within a
specified time frame. The project shall be awarded to the Consultant which meets the
scope of work requested and offers the lowest fixed price.
Any project equal to or greater than the Mandatory Bid/Proposal dollar amount (as
stated below) shall be subject to Palm Beach County Ordinance 2005-062. The
"Mandatory Bid/Proposal Amount" is the threshold dollar amount established as policy
by the Board of County Commissioners at and above which a formal competitive sealed
bid or proposal process must be used. Presently, the Mandatory Bid/Proposal amount
for any project is fifty thousand dollars ($50,000.00). Any project exceeding the
Mandatory Bid/Proposal amount shall be separately solicited via a formal competitive
sealed bid or proposal process.
4. METHOD OF COMPENSATION I WORK ORDERS
a. The County shall pay the Consultant on a firm fixed price basis based upon the
satisfactory completion of all services specified herein and upon the compensation
deadlines listed below. Completion of tasks is contingent upon acceptance by OEM
Director or designee.
b. The Consultant shall meet with OEM Director or designee when so requested, and
shall provide progress reports at such meetings. These progress reports will be
the basis for evaluation and processing of payment.
c. Compensation deadlines:
· At the end of the third month of the project: 50% of the awarded price quote.
· At the end of the sixth month of the project: 50% of the awarded price quote.
-
Upon the satisfactory completion of all services specified herein the County shall pay
the Consultant as per the above compensation guidelines. Completion of tasks is
contingent upon acceptance by OEM Director or designee.
2
5. OUTLINE OF WORK TASKS AND DELlVERABLES FOR WHICH
CONSULTANT SERVICES ARE REQUIRED
The Consultant will perfonn the following professional emergency management
activities:
a. The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee and the Regional WebEOC
development committee and staff to identify project goals, objectives, timelines, and
a detailed implementation project design plan.
b. On a weekly basis, the Consultant's team will provide the OEM Director or designee
a project status update.
c. On a monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction.
d. The Consultant shall complete the following five (5) deliverables:
1. Information Process Flow: Outline and implement information
process flows In WebEOC based on information obtained from OEM
staff and needs identified by partner agencies.
2. Concept of Operations (CONOPS): Develop the Concept of
Operations (CONOPS) for PBC's WebEOC instance. Consultant
shall describe the characteristics of WebEOC from the user's
viewpoint. This CONOPS will show the evolution from a concept and
describe how WebEOC's capabilities may be employed to achieve
desired goals and objectives.
3. WebEOC Development and Customizatlon: Customize WebEOC
"boards. for Palm Beach County. Boards should be deve/oped based
on priorities set by OEM Management. Boards shall have a
consistent design and an emphasis put on ease of use.
4. Training Development and Initial Training: Develop initial training
to be completed and tested during the 2009 State of Florida
Hurricane Exercise. This training will encompass a Basic User
Training to encompass functioning knowiedge of WebEOC.
5. Municipal and Partner Agency Planning: Initiate planning for Palm
Beach County's municipalities and partner agencies including
meeting attendance, providing demonstrations of WebEOC's
capabilities and describing the software's role in Palm Beach County.
e. Coordinate with the OEM Technology Committee and Regional WebEOC
development committee on the technological functionality and needs in the
implementation of OEM's fusion initiative while ensuring Regional compatibility.
f. Conduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on initiatives not feasible during the duration of
the project to OEM Director or designee.
-
3
6. RESPONSIBILITIES OF THE PUBLIC SAFETY DEPARMENT/EMERGENCY
MANAGEMENT DIVISION
OEM will provide the following services and data to the Consultant for the performance
under this project:
a. Available data and information, including project objectives, constraints, bUdgetary
limitations, and time restraints.
b. A copy of the current documents, reports, plans and any other pertinent Information
as related to the planning and implementation actiVities for the OEM's fusion
initiative.
c. Available drawings, maps, specifications, schedules, reports, data and other
information developed by OEM thus far as related to the planning and
implementation process for OEM's fusion initiative.
d. Available work station(s) and office support for the Consultant's one and one half (1
Y2) staff members designated to the project.
e. Available access to OEM work stations, staff and facilities.
7. RESPONSIBILITIES OF THE CONSULTANT
a. The Consultant shall perform only those services directly authorized by the OEM
Director or designee,
b. Progress reports and invoices shall be provided monthly and on a needed basis.
c. The Consultant shall provide the name, resume and professional experience of its
staff member(s) who will be assigned to the project and meet the professional
requirements listed in subsection (e).
d. The Consultant shall assign one and one half (1 1/2) staff members on a full time
basis to be on site at the OEM EGC for the entire duration of the project.
e. The Consultant shall designate two staff members to this project to be on site as
follows: (a) one staff member on a full time basis to coordinate the technological
functionality component, and (b) one staff member on a part time basis to
coordinate the project management and administration component. The staff
members assigned to this project must meet the required professional experiences
as outlined below.
Project Management and Administration component:
· At least one year (1) year of experience in Fusion initiative projects.
· Well founded familiarity with Fusion initiatives concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence and
United States Department Information Fusion and Privacy Policy
Development Guide.
· At least three (3) years with project design planning development and
implementation.
-
4
· A well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiatives functions.
Technological functionality component:
· At least one year of experience in Fusion initiative projects.
· Well founded familiarity with the Fusion initiati"es concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence
and United States Department Information Fusion and Privacy Policy
Development Guide. .
· At a minimum, completion of ESl's WebEOC Administrator Course.
· A well founded familiarity with Share Point applications.
· A well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiative functions.
f. The Consultant shall address the recommendations in the project from the OEM
Director or designee.
g. All computer analysis will be performed on IBM PC or PC compatible computers
utilizing software and analysis techniques approved by the OEM Director or
designee.
h. All documents and support materials developed for OEM will be prepared in
Microsoft Office format such as Word, Access, Excel, Power Point and PDF format.
i. All Geographical Information System (GIS), if any, related Information will be
provided in ESRI ARCIINO format (Version 7.0 or later) and readable in ARC View.
The coverage shall be in State Plane Feet NAD83 Zone 3601 and shall be based
on the National Grid System where available.
j. All graphics, if any, shall be provided to OEM in a photo-ready reproducible format.
When appropriate, maps and graphics should be prepared using the specified GIS
software.
k. All materials will be provided to OEM in both hardcopy and electronic format in
word and PDF format.
I. The Consultant will provide OEM with both hard copy and electronic format of all
work products (reports. spreadsheets, data sets, drawings, graphics, etc.) in a
format compatible with the OEM's computer systems. Computations based on
computer programs other than the OEM's must conform to all OEM accuracy and
format requirements. Prior to providing work products in any other format, the
Consultant must be granted permission to do so by OEM Director or designee.
-
5
8. TASKS AND DELlVERABLES T1MELlNE
The Consultant shall adhere to the following timeline:
a. Within seven (7) days of award schedule a "Kick Off' meeting with DEM Director or
designee.
b. Within seven (7) days of "kick off' submit a written project design plan to DEM
Director or designee,
c. On a weekly basis provide project updates to DEM Director or designee,
d. Hold monthly meetings with DEM Director or designee to discuss project status.
e. Complete the project within six (6) months of the "kick off' meeting.
f. At the end of the sixth month of the project make a comprehensive presentation to
DEM Director or designee on project completion and follow up recommendations.
9. CONDITIONS
a. The quote for this project is not to exceed the amount of fifty thousand dollars
($50,000).
10. QUOTE SUBMISSION DEADLINE
The Consultant shall submit a quote in response to this request for a work order
quote which must be received by DEM by end of business on 03/31/09. Quotes
received after the end of business on 03/31/09 will be rejected. Please address
your quote submission documents to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Contact information:
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov.org
If not submitting a quote under this work order Consultant is to notify DEM in writing
before or by the quote submission stating the reason(s) for not submitting a quote.
-
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ter Quote pursuant to Contract
nation of Phase II of the
pn System (REMCS) Project
of business on March 31, 2009.
~ing this request for a wor1< order
I Projects Coordinator. at (561)
~o. 2009. As such, please
,
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E-mail: Wweinsh@pbcgov.org
-
~ An Equal O~rtUJdty
Affirmative ActWn Employer"
Oscar Alvarez
Terrorism Response Planner
EncL
Department of Public Safety
DivisIon of Emergency Management
20 S, Military Trail
West Palm Beach, FL 33412
(561) 712-6400
FlU: (561) 712-6464
WWW.Pbc2ov.com
.
Palm Beacb County
Board of County
Commissioners
Jeff Koons. Chairman
Burt Aaronson, Vice Chairman
Karen T, Marcus
Shelley Vana
Jess R Santamaria
District 4
Addie Greene
County Administrator
Robert Weisman
"An Equal Opportunity
AffinnaJive Action Employer"
ADM-14-09-L
March 24, 2009
EXPRESS MAIL
SIGNATURE REQUIRED
Helene Wetherington
Calvin, Giordano & Associates, Inc.
560 Village Boulevard, Suite 340
West Palm Beach, Florida 33409
RE: Request for Worker Order Quotes for the development and coordination
of Phase" of the County's Regional Emergency Management
Collaboration System (REMCS) Project
Attached please find a Request for a Work Order Quote pursuant to Contract
No. 07 -1121OP for the development and coordination of Phase" of the
Regional Emergency Management Collaboration System (REMCS) Project.
Please note the quote submission date is end of business on March 31, 2009.
For additional infonnation and questions regarding this request for a work order
please contact Mr. William Weinshank, Special Projects Coordinator, at (561)
712-6320.
f will be out of the office on the week of March 30. 2009. As such, please
submit your response to:
Mr. William Weinshank
Spec/al Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov.org
-
Oscar Alvarez
Terrorism Response Planner
Encl.
Request for a Work Order Quote
From Pre-Qualified Consultants
1. PURPOSE
Palm Beach County Division of Emergency Management (hereinafter "OEM") is issuing
this request for a work order quote from the pre-qualified vendors (hereinafter
"Consultant") pursuant to Contract No. 07-112/DP for assistance with the design,
development and implementation of Phase II (CountY. Phase) of the Regional
Emergency Management Collaboration System (REMCS) project for Palm Beach
County. This shall Include establishing infonnation process flows within the WebEOC
application, developing a concept of operations, customizing WebEOC boards,
developing training materials for end users, and coordinating WebEOC planning efforts
with Palm Beach County municipalities and partner agencies.
2. GENERAL INFORMATION
OEM began a Fusion Initiative in September 2008 to coordinate local and regional
efforts to manage and share critical infonnation and data. Fusion refers to managing
the flow of information and intelligence across levels and sectors of government and
private industry. It goes beyond establishing an intelligence center or creating a
computer network. Fusion supports the implementation of risk-based, infonnation-driven
prevention, response, and incident management programs. At the same time, it
supports efforts to address immediate or emerging threat related circumstances and
events. The fusion process turns infonnation and intelligence into knowledge. To meet
the needs of Palm Beach County and the region related to infonnation and intelligence,
OEM requested support in developing a web based software as a local and regional
infonnatlon sharing source. This initiative was the first step in the efforts to develop the
county's emergency management infonnation system and tie together regional, county
and municipal critical information and data in one system. The four UASI (Urban Area
Security Initiative) counties of Broward, Miami-Dade, Monroe, Palm Beach and
municipalities located in their borders fonned the South Florida Regional Emergency
Management Collaboration System (REMCS) to address this regional infonnation
collaboration need. The four UASI counties procured via its developer ESi Acquisition
Inc. the WebEOC software which is a web-based crisis Infonnation management
application that provides functions to gather, coordinate, and disseminate infonnation
between emergency personnel and Emergency Operations Centers (EOCs).
The purpose of the REMCS via the WebEOC software is to provide a conduit for
communication, coordination and information sharing between County Emergency
Management in Region 7, eventually tying Municipal and Partner agencies into the
system as well. This system was designed to allow appropriate infonnation to be shared
with appropriate agencies and partners through the use of rights and pennissions set in
the system.
-
The REMCS Project was split into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase III: Municipal Design and Development
Palm Beach County will utilize WebEOC to track and share critical information on a
daily basis and in times of activation. It is the goal of OEM for Palm Beach County to be
prepared and to use the WebEOC software before the beginning of the 2009 Hurricane
Season, which begins on June 1, 2009.
This work order and request for a response is intended to address Phase II (County
Design and Development) for Palm Beach County.
3. METHOD OF ORDERING
OEM will provide Consultants an open notice of this request for a work order quote.
OEM will provide Consultants with a detailed scope of work for the project specifying the
work to be done and request Consultants submit a written quote to OEM within a
specified time frame. The project shall be awarded to the Consultant which meets the
scope of work requested and offers the lowest fixed price.
Any project equal to or greater than the Mandatory Bid/Proposal dollar amount (as
stated below) shall be subject to Palm Beach County Ordinance 2005-062. The
"Mandatory Bid/Proposal Amount" is the threshold dollar amount established as policy
by the Board of County Commissioners at and above which a formal competitive sealed
bid or proposal process must be used. Presently, the Mandatory Bid/Proposal amount
for any project is fifty thousand dollars ($50,000.00). Any project exceeding the
Mandatory Bid/Proposal amount shall be separately solicited via a formal competitive
sealed bid or proposal process.
4. METHOD OF COMPENSATION / WORK ORDERS
8. The County shall pay the Consultant on a firm fixed price basis based upon the
satisfactory completion of all services specified herein and upon the compensation
deadlines listed below. Completion of tasks is contingent upon acceptance by OEM
Director or designee.
b. The Consultant shall meet with OEM Director or designee when so requested, and
shall provide progress reports at such meetings. These progress reports will be
the basis for evaluation and processing of payment.
c. Compensation deadlines:
· At the end of the third month of the project: 50% of the awarded price quote.
· At the end of the sixth month of the project: 50% of the awarded price quote.
-
Upon the satisfactory completion of all services specified herein the County shall pay
the Consultant as per the above compensation guidelines. Completion of tasks is
contingent upon acceptance by OEM Director or designee.
2
5. OUTLINE OF WORK TASKS AND DELlVERABLES FOR WHICH
CONSULTANT SERVICES ARE REQUIRED
The Consultant will perform the following professional emergency management
activities:
a. The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee and the Regional WebEOC
development committee and staff to identify project goals, objectives, timelines, and
a detailed implementation project design plan.
b. On a weekly basis, the Consultant's team will provide the OEM Director or designee
a project status update.
c. On a monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction.
d. The Consultant shall complete the following five (5) deliverables:
1. Information Process Flow: Outline and implement information
process flows in WebEOC based on information obtained from OEM
staff and needs identified by partner agendes.
2. Concept of Operations (CONOPS): Develop the Concept of
Operations (CONOPS) for PBC's WebEOC instance. Consultant
shall describe the characteristics of WebEOC from the user's
viewpoint. This CONOPS will show the evolution from a concept and
describe how WebEOC's capabilities may be employed to achieve
desired goals and objectives.
3. WebEOC Development and Customization: Customize WebEOC
"boards" for Palm Beach County. Boards should be developed based
on priorities set by OEM Management. Boards shall have a
consistent design and an emphasis put on ease of use.
4. Training Development and Initial Training: Develop initial training
to be completed and tested during the 2009 State of Rorida
Hunicane Exerdse. This training will encompass a Basic User
Training to encompass functioning knowledge of WebEOC.
5. Municipal and Partner Agency Planning: Initiate planning for Palm
Beach County's munidpalities and partner agendes induding
meeting attendance, providing demonstrations of WebEOC's
capabilities and describing the software's role in Palm Beach County.
e. Coordinate with the OEM Technology Committee and Regional WebEOC
development committee on the technological functionality and needs in the
implementation of OEM's fusion initiative while ensuring Regional compatibility.
f. Conduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on initiatives not feasible during the duration of
the project to OEM Director or designee.
..
3
6. RESPONSIBILITIES OF THE PUBLIC SAFETY DEPARMENTIEMERGENCY
MANAGEMENT DNlSION
DEM will provide the following services and data to the Consultant for the performance
under this project:
a. Available data and information, including project objectives, constraints, bUdgetary
limitations, and time restraints.
b. A copy of the current documents, reports, plans and any other pertinent information
as related to the planning and implementation actiVities for the DEM's fusion
initiative.
c. Available drawings, maps, specifications, schedules, reports, data and other
information developed by OEM thus far as related to the planning and
implementation process for OEM's fusion initiative.
d. Available work station(s) and office support for the Consultant's one and one half (1
Y2) staff members designated to the project.
e. Available access to OEM work stations, staff and facilities.
7. RESPONSIBilITIES OF THE CONSULTANT
a. The Consultant shall perform only those services directly authorized by the OEM
Director or designee.
b. Progress reports and invoices shall be provided monthly and on a needed basis.
c. The Consultant shall provide the name, resume and professional experience of its
staff member(s) who will be assigned to the project and meet the professional
requirements listed in subsection (e).
d. The Consultant shall assign one and one half (1 1/2) staff members on a full time
basis to be on site at the OEM EGC for the entire duration of the project.
e. The Consultant shall designate two staff members to this project to be on site as
follows; (a) one staff member on a full time basis to coordinate the technological
functionality component, and (b) one staff member on a part time basis to
coordinate the project management and administration component. The staff
members assigned to this project must meet the required professional experiences
as outlined below.
Project Management and Administration component:
· At least one year (1) year of experience in Fusion initiative projects.
· Well founded familiarity with Fusion initiatives concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence and
United States Department Information Fusion and Privacy Policy
Development Guide,
· At least three (3) years with project design planning development and
implementation.
-
4
· A well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiatives functions.
Technological functionality component:
· At least one year of experience in Fusion initiative projects.
· Well founded familiarity with the Fusion initiatiyes concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence
and United States Department Infonnation Fusion and Privacy Policy
Development Guide.
· At a minimum, completion of ESI's WebEOC Administrator Course.
· A well founded familiarity with Share Point applications.
· A well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiative functions.
f. The Consultant shall address the recommendations in the project from the OEM
Director or designee.
g. All computer analysis will be perfonned on IBM PC or PC compatible computers
utilizing software and analysis techniques approved by the OEM Director or
designee.
h. All documents and support materials developed for OEM will be prepared in
Microsoft Office fonnat such as Word, Access, Excel, Power Point and PDF fonnat.
i. All Geographical Infonnation System (GIS), if any, related infonnation will be
provided in ESRI ARCIINO format (Version 7.0 or later) and readable in ARC View.
The coverage shall be in State Plane Feet NAD83 Zone 3601 and shall be based
on the National Grid System where available.
j. All graphics, if any, shall be provided to OEM in a photo-ready reproducible fonnat.
When appropriate, maps and graphics should be prepared using the specified GIS
software.
k. All materials will be provided to OEM in both hard copy and electronic fonnat in
word and PDF fonnat.
I. The Consultant will provide OEM with both hard copy and electronic fonnat of all
work products (reports, spreadsheets, data sets, drawings, graphics, etc.) in a
format compatible with the OEM's computer systems. Computations based on computer programs other than the OEM's must confonn to all OEM accuracy and
fonnat requirements. Prior to providing work products in any other fonnat, the
Consultant must be granted permission to do so by OEM Director or designee.
-
5
8. TASKS AND DELlVERABLES TIMELlNE
The Consultant shall adhere to the following timeline:
a. Within seven (7) days of award schedule a "Kick Off' meeting with OEM Director or
designee.
b. Within seven (7) days of "kick off' submit a written project design plan to OEM
Director or designee.
c. On a weekly basis provide project updates to OEM Director or designee.
d. Hold monthly meetings with OEM Director or designee to discuss project status.
e. Complete the project within six (6) months of the "kick off' meeting.
f. At the end of the sixth month of the project make a comprehensive presentation to
OEM Director or designee on project completion and follow up recommendations.
9. CONDITIONS
a. The quote for this project is not to exceed the amount of fifty thousand dollars
($50,000).
10. QUOTE SUBMISSION DEADLINE
The Consultant shall submit a quote in response to this request for a work order
quote which must be received by OEM by end of business on 03/31/09. Quotes
received after the end of business on 03/31/09 will be rejected. Please address
your quote submission documents to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Contact information:
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wwelnsh@pbcgov.org
If not submitting a quote under this work order Consultant is to notify OEM in writing
before or by the quote submission stating the reason(s) for not submitting a quote.
-
6
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0-
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0-
ru development and coordination
lJJ ngency Management
.z::
.z::
ogether
mergencies
re
anaged
er Quote pursuant to Contract
'nation of Phase II of the
n System (REMeS) Project.
of business on March 31, 2009,
ing this request for a work order
I Projects Coordinator, at (561)
30, 2009. As such, please
.8080:)31:1 YnOA YO; .ld03 81HlllllWl3Y
-
-.._---,---,-
E-mail: Wweinsh@pbcgov.org
"An Equd oppiJrlunity
Affi17lU1l/ve Action Employer"
Oscar Alvarez
Terrorism Response Planner
Encl.
Department of Public Safety
Division of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.obc2ov.com
.
Palm Beach Connty
Board or Connty
Commissioners
Jeff Kooos, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Shelley Vana
Jess R Santamaria
District 4
Addie Greene
Connty Administrator
Robert Weisman
"An Equal Opportunity
Affi17lU1l/ve Action Employer"
ADM-14-09-L
ogether
mergencies
re
anaged
March 24, 2009
EXPRESS MAIL
SIGNATURE REQUIRED
Robert Carter
eriticallncident Solutions
700 W, Pete Rose Way, Suite 4N
eincinnati, Ohio 45203
RE: Request for Worker Order Quotes for the development and coordination
of Phase II of the County's Regional Emergency Management
Collaboration System (REMeS) Project
Attached please find a Request for a Work Order Quote pursuant to Contract
No. 07-112/DP for the development and coordination of Phase II of the
Regionai Emergency Manage~nt Collaboration System (REMCS) Project.
Please note the quote submission date is end of business on March 31, 2009,
For additional information and questions regarding this request for a work order
please contact Mr. William Weinshank, Special Projects Coordinator, at (561)
712-6320,
I will be out of the office on the week of March 30, 2009. As such, please
submit your response to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov.org
-
Sincerely,
~
Oscar Alvarez
Terrorism Response Planner
Encl.
Request for a Work Order Quote
From Pre-Qualified Consultants
1, PURPOSE
Palm Beach County Division of Emergency Management (hereinafter "OEM") is issuing
this request for a work order quote from the pre-qualified vendors (hereinafter
"Consultanf') pursuant to Contract No, 07-112/DP for assistance with the design,
development and implementation of Phase " (County Phase) of the Regional
Emergency Management Collaboration System (REMCS) project for Palm Beach
County, This shall indude establishing information process flows within the WebEOC
application, developing a concept of operations, customizing WebEOC boards,
developing training materials for end users, and coordinating WebEOC planning efforts
with Palm Beach County municipalities and partner agencies,
2. GENERAlINFORMATIO~
OEM began a Fusion Initiative in September 2008 to coordinate local and regional
efforts to manage and share critical information and data. Fusion refers to managing
the flow of information and intelligence across levels and sectors of government and
private industry. It goes beyond establishing an intelligence center or creating a
computer network. Fusion supports the implementation of risk-based, information-driven
prevention, response, and incident management programs. At the same time, it
supports efforts to address immediate or emerging threat related circumstances and
events, The fusion process turns information and intelligence into knowledge. To meet
the needs of Palm Beach County and the region related to information and intelligence,
OEM requested support in developing a web based software as a local and regional
Information sharing source, This initiative was the first step in the efforts to develop the
county's emergency management information system and tie together regional, county
and municipal critical information and data in one system. The four UASI (Urban Area
Security Initiative) counties of Broward, Miami-Dade, Monroe, Palm Beach and
municipalities located in their borders formed the South Florida Regional Emergency
Management Collaboration System (REMCS) to address this regional information
collaboration need. The four UASI counties procured via its developer ESi Acquisition
Inc, the WebEOe software which is a web-based crisis information management
application that provides functions to gather, coordinate, and disseminate information
between emergency personnel and Emergency Operations Centers (EOCs),
The purpose of the REMCS via the WebEOC software is to provide a conduit for
communication, coordination and information sharing between County Emergency
Management in Region 7, eventually tying Municipal and Partner agencies into the
system as well. This system was designed to allow appropriate information to be shared
with appropriate agencies and partners through the use of rights and permiSsions set in
the system.
-
The REMCS Project was split into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase III: Municipal Design and Development
Palm Beach County will utilize WebEOC to track and share critical information on a
daily basis and in times of activation, It is the goal of OEM for Palm Beach County to be
prepared and to use the WebEOe software before the beginning of the 2009 Hurricane
Season, which begins on June 1, 2009.
This work order and request for a response is intended to address Phase II (County
Design and Development) for Palm Beach County.
3. METHOD OF ORDERING
OEM will provide Consultants an open notice of this request for a work order quote.
OEM will provide Consultants with a detailed scope of work for the project specifying the
work to be done and request Consultants submit a written quote to OEM within a
specified time frame. The project shall be awarded to the Consultant which meets the
scope of work requested and offers the lowest fixed price.
Any project equal to or greater than the Mandatory BidlProposal dollar amount (as
stated below) shall be subject to Palm Beach County Ordinance 2005-062, The
"Mandatory Bid/Proposal Amount" is the threshold dollar amount established as policy
by the Board of County Commissioners at and above which a formal competitive sealed
bid or proposal process must be used. Presently, the Mandatory BidlProposal amount
for any project is fifty thousand dollars ($50,000.00). Any project exceeding the
Mandatory Bid/Proposal amount shall be separately solicited via a formal competitive
sealed bid or proposal process.
4. METHOD OF COMPENSATION I WORK ORDERS
a. The County shall pay the Consultant on a firm fixed price basis based upon the
satisfactory completion of all services specified herein and upon the compensation
deadlines listed below. Completion of tasks is contingent upon acceptance by OEM
Director or designee.
b. The Consultant shall meet with OEM Director or designee when so requested, and
shall provide progress reports at such meetings. These progress reports will be
the basis for evaluation and processing of payment.
c. Compensation deadlines:
· At the end of the third month of the project: 50% of the awarded price quote.
· At the end of the sixth month of the project: 50% of the awarded price quote.
-
Upon the satisfactory completion of all services specified herein the County shall pay
the Consultant as per the above compensation guidelines, Completion of tasks is
contingent upon acceptance by OEM Director or designee.
2
5. OUTLINE OF WORK TASKS AND DELlVERABLES FOR WHICH
CONSULTANT SERVICES ARE REQUIRED
The Consultant will perform the following professional emergency management
activities:
a. The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee and the Regional WebEOC
development committee and staff to identify project goa-Is, objectives, timelines, and
a detailed implementation project design plan.
b. On a weekly basis, the Consultant's team will provide the OEM Director or designee
a project status update.
c. On a monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction,
d. The Consultant shall complete the following five (5) deliverables:
1. Information Process Flow: Outline and implement information
process flows in WebEOC based on information obtained from OEM
staff and needs identified by partner agencies.
2. Concept of Operations (CONOPS): Develop the Concept of
Operations (CONOPS) for PBC's WebEOC instance, Consultant
shall describe the characteristics of WebEOC from the user's
viewpoint. This CONOPS will show the evolution from a concept and
describe how WebEOC's capabilities may be employed to achieve
desired goals and objectives.
3. WebEOC Development and Customizatlon: eustomize WebEOC
"boards. for Palm Beach County. Boards should be developed based
on priorities set by OEM Management. Boards shall have a
consistent design and an emphasis put on ease of use.
4. Training Development and Initial Training: Develop initial training
to be completed and tested during the 2009 State of Florida
Hurricane Exercise. This training will enoompass a Basic User
Training to encompass functioning knowledge of WebEOC,
5. Municipal and Partner Agency Planning: Initiate planning for Palm
Beach County's municipalities and partner agencies induding
meeting attendance, providing demonstrations of WebEOC's
capabilities and describing the software's role in Palm Beach County.
e. Coordinate with the OEM Technology Committee and Regional WebEOC
development committee on the technological functionality and needs in the
implementation of OEM's fusion initiative while ensuring Regional compatibility.
f. Conduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on initiatives not feasible during the duration of
the project to OEM Director or designee.
-
3
6. RESPONSIBILITIES OF THE PUBLIC SAFETY DEPARMENT/EMERGENCY
MANAGEMENT DIVISION
OEM will provide the following services and data to the Consultant for the performance
under this project:
a. Available data and information, including project objectives, constraints, budgetary
limitations, and time restraints.
b. A copy of the current documents, reports, plans and any other pertinent information
as related to the planning and implementation actiVIties for the OEM's fusion
initiative.
c. Available drawings, maps, specifications, schedules, reports, data and other
information developed by OEM thus far as related to the planning and
implementation process for OEM's fusion initiative.
d. Available work station(s) and office support for the eonsultant's one and one half (1
'Y2) staff members designated to the project,
e. Available access to OEM work stations, staff and facilities.
7. RESPONSIBILITIES OF THE CONSULTANT
a. The Consultant shall perform only those services directly authorized by the OEM
Director or designee.
b. Progress reports and invoices shall be provided monthly and on a needed basis.
c, The Consultant shall provide the name, resume and professional experience of its
staff member(s) who will be assigned to the project and meet the professional
requirements listed in subsection (e).
d. The Consultant shall assign one and one half (1 1/2) staff members on a full time
basis to be on site at the OEM EOC for the entire duration of the project.
e. The Consultant shall designate two staff members to this project to be on site as
follows: (a) one staff member on a full time basis to coordinate the technological
functionality component, and (b) one staff member on a part time basis to
coordinate the project management and administration component. The staff
members assigned to this project must meet the required professional experiences
as outlined below,
Project Management and Administration component:
· At least one year (1) year of experience in Fusion initiative projects,
· Well founded familiarity with Fusion initiatives concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence and
United States Department Information Fusion and Privacy Policy
Development Guide,
· At least three (3) years with project design planning development and
implementation.
-
4
· A well founded familiarity with Emergency Management concepts, laws
and regulations,
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiatives functions,
Technological functionality component:
· At least one year of experience in Fusion initiative projects.
· Well founded familiarity with the Fusion initiatiyes concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence
and United States Department Information Fusion and Privacy Policy
Development Guide,
· At a minimum, completion of ESf's WebEOC Administrator Course,
· A well founded familiarity with Share Point applications.
· A well founded familiarity with Emergency Management concepts, laws
and regulations,
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiative functions.
f. The Consultant shall address the recommendations in the project from the OEM
Director or designee.
g. All computer analysis will be performed on IBM pe or pe compatible computers
utilizing software and analysis techniques approved by the OEM Director or
designee,
h. All documents and support materials developed for DEM will be prepared in
Microsoft Office format such as Word, Access, Excel, Power Point and PDF format.
i. All Geographical Information System (GIS), if any, related information will be
provided in ESRI ARC/INO format (Version 7,0 or later) and readable in ARC View.
The coverage shall be in State Plane Feet NAD83 Zone 3601 and shall be based
on the National Grid System where available.
j. All graphics, if any, shall be provided to OEM in a photo-ready reproducible format.
When appropriate, maps and graphics should be prepared using the specified GIS
software,
k. All materials will be provided to OEM in both hard copy and electronic format in
word and PDF format.
I. The Consultant will provide OEM with both hard copy and electronic format of all
work products (reports, spreadsheets, data sets, drawings, graphics, etc,) in a
format compatible with the OEM's computer systems, Computations based on
computer programs other than the OEM's must conform to all OEM accuracy and
format requirements, Prior to providing work products in any other format, the
Consultant must be granted permiSsion to do so by OEM Director or designee.
-
5
8. TASKS AND DELlVERABLES TIMELlNE
The Consultant shall adhere to the following timeline:
a. Within seven (7) days of award scheduie a "Kick Off' meeting with OEM Director or
designee,
b. Within seven (7) days of "kick off" submit a written project design plan to OEM
Director or designee,
c. On a weekly basis provide project updates to OEM Director or designee.
d. Hold monthly meetings with OEM Director or designee to discuss project status.
e. Complete the project within six (6) months of the "kick off' meeting.
f. At the end of the sixth month of the project make a comprehensive presentation to
OEM Director or designee on project completion and follow up recommendations,
9. CONDITIONS
a. The quote for this project is not to exceed the amount of fifty thousand dollars
($50,000),
10. QUOTE SUBMISSION DEADLINE
The Consultant shall submit a quote in response to this request for a work order
quote which must be received by OEM by end of business on 03/31/09, Quotes
received after the end of business on 03/31/09 will be rejected. Please address
your quote submission documents to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Contact information:
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wwelnsh@pbcgov.org
If not submitting a quote under this work order Consultant is to notify OEM in writing
before or by the quote submission stating the reason(s) for not submitting a quote.
-
6
.- w<--.. ____
RETAIN THIS COPY FOR YOUR RECOPlDS.
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development and coordination
Irgency Management
er Quote pursuant to Contract
nation of Phase II of the
In System (REMCS) Project.
If business on March 31, 2009,
ling this request for a work order
'iProjects Coordinator, at (561)
!o, 2009. As such, please
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uttice: (561) 712-6378
E-mail: Wweinsh@pbcgov.org
-
Sincerely,
~
"An Equd OpPortunity
Affi17lU1l/ve Action Employer"
Oscar Alvarez
Terrorism Response Planner
Encl.
Department of Public Safety
Division of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.obcszov.com
.
Palm Beach County
Board or County
Commissioners
Jeff Kooos, Chairman
Burt Aaronson, Vice OIainnan
Karen T. Marcus
Shelley Vana
Jess R. Santamaria
District 4
Addie Greene
County Admlnistntor
Robert Weisman
"An Equd Opportunity
Affinnative Action Employer"
ADM-14-D9-L
ogether
mergencies
re
anaged
March 24, 2009
EXPRESS MAIL
SIGNATURE REQUIRED
ehas Walts
MTSS IT Solutions
2131N. Collins, Suite 433-615
Arlington, Texas 76011
RE: Request for Worker Order Quotes for the development and coordination
of Phase II of the County's Regional Emergency Management
Collaboration System (REMeS) Project
Attached please find a Request for a Work Order Quote pursuant to Contract
No, 07 -1121DP for the development and coordination of Phase II of the
Regional Emergency Management Collaboration System (REMeS) Project
Please note the quote submission date is end of business on March 31,2009.
For additional information and questions regarding this request for a work order
please contact Mr. William Weinshank, Special Projects Coordinator, at (561)
712-6320.
I will be out of the office on the week of March 30, 2009. As such, please
submit your response to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov,org
-
Oscar Alvarez
Terrorism Response Planner
Encl.
Request for a Work Order Quote
From Pre-Qualified Consultants
1. PURPOSE
Palm Beach County Division of Emergency Management (hereinafter "OEM") is issuing
this request for a work order quote from the pre-qualified vendors (hereinafter
.Consultanr) pursuant to Contract No. 07-112/DP for assistance with the design,
development and implementation of Phase " (CountY Phase) of the Regional
Emergency Management Collaboration System (REMeS) project for Palm Beach
County. This shall include establishing information process flows within the WebEOC
application, developing a concept of operations, customizing WebEOC boards,
developing training materials for end users, and coordinating WebEOC planning efforts
with Palm Beach County municipalities and partner agencies.
2. GENERAL INFORMATION
OEM began a Fusion Initiative in September 2008 to coordinate local and regional
efforts to manage and share critical information and data. Fusion refers to managing
the flow of information and intelligence across levels and sectors of government and
private Industry. It goes beyond establishing an intelligence center or creating a
computer network. Fusion supports the implementation of risk-based, information-driven
prevention, response, and incident management programs. At the same time, it
supports efforts to address immediate or emerging threat related circumstances and
events, The fusion process turns information and intelligence into knowledge, To meet
the needs of Palm Beach County and the region related to information and intelligence,
OEM requested support in developing a web based software as a local and regional
Information sharing source. This initiative was the first step in the efforts to develop the
county's emergency management information system and tie together regional, county
and municipal critical information and data in one system. The four UASI (Urban Area
Security Initiative) counties of Broward, Miami-Dade, Monroe, Palm Beach and
municipalities located In their borders formed the South Florida Regional Emergency
Management Collaboration System (REMCS) to address this regional information
collaboration need. The four UASI counties procured via Its developer ESI Acquisition
Inc. the WebEOC software which is a web-based crisis information management
application that provides functions to gather, coordinate, and disseminate information
between emergency personnel and Emergency Operations Centers (EOCs).
The purpose of the REMCS via the WebEOC software is to provide a conduit for
communication, coordination and information sharing between County Emergency
Management in Region 7, eventually tying Municipal and Partner agencies into the
system as well. This system was designed to allow appropriate information to be shared
with appropriate agencies and partners through the use of rights and permissions set in
the system.
-
The REMCS Project was split into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase III: Municipal Design and Development
Palm Beach County will utilize WebEOC to track and share critical information on a
daily basis and in times of activation, It is the goal of OEM for Palm Beach County to be
prepared and to use the WebEOC software before the beginning of the 2009 Hurricane
Season, which begins on June 1, 2009,
This work order and request for a response is intended to address Phase II (County
Design and Development) for Palm Beach County,
3. METHOD OF ORDERING
OEM will provide Consultants an open notice of this request for a work order quote,
OEM will provide Consultants with a detailed scope of work for the project specifying the
work to be done and request Consultants submit a written quote to OEM within a
specified time frame. The project shall be awarded to the Consultant which meets the
scope of work requested and offers the lowest fixed price.
Any project equal to or greater than the Mandatory Bid/Proposal dollar amount (as
stated below) shall be subject to Palm Beach County Ordinance 2005-062, The
"Mandatory BidlProposal Amount" is the threshold dollar amount established as policy
by the Board of County Commissioners at and above which a formal competitive sealed
bid or proposal process must be used. Presently, the Mandatory BidlProposal amount
for any project is fifty thousand dollars ($50,000.00), Any project exceeding the
Mandatory BidlProposal amount shall be separately solicited via a formal competitive
sealed bid or proposal process.
4. METHOD OF COMPENSATION I WORK ORDERS
a. The County shall pay the Consultant on a firm fixed price basis based upon the
satisfactory completion of all services specified herein and upon the compensation
deadlines listed below. Completion of tasks is contingent upon acceptance by OEM
Director or designee.
b. The Consultant shall meet with OEM Director or designee when so requested, and
shall provide progress reports at such meetings, These progress reports will be
the basis for evaluation and processing of payment.
c. Compensation deadlines:
· At the end of the third month of the project: 50% of the awarded price quote.
· At the end of the sixth month of the project: 50% of the awarded price quote.
-
Upon the satisfactory completion of all services specified herein the County shall pay
the Consultant as per the above compensation guidelines. Completion of tasks is
contingent upon acceptance by OEM Director or designee,
2
5. OUTLINE OF WORK TASKS AND DELIVERABLES FOR WHICH
CONSULTANT SERVICES ARE REQUIRED
The Consultant will perform the following professional emergency management
activities:
a, The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee and the Regional WebEOC
development committee and staff to identify project goafs, objectives, timelines, and
a detailed implementation project design plan.
b. On a weekly basis, the Consultant's team will provide the OEM Director or designee
a project status update,
c. On a monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction,
d. The Consultant shall complete the following five (5) deliverables:
1. Information Process Flow: Outline and implement information
process flows in WebEOC based on information obtained from OEM
staff and needs identified by partner agencies.
2. Concept of Operations (CONOPS): Develop the eoncept of
Operations (CONOPS) for PBC's WebEOC instance. Consultant
shall describe the characteristics of WebEOe from the user's
viewpoint. This CONOPS will show the evolution from a concept and
describe how WebEOC's capabilities may be employed to achieve
desired goals and objectives.
3. WebEOC Development and Customizatlon: Customize WebEOC
"boards. for Palm Beach County, Boards should be developed based
on priorities set by OEM Management. Boards shall have a
consistent design and an emphasis put on ease of use.
4. Training Development and Initial Training: Develop initial training
to be completed and tested during the 2009 State of Florida
Hurricane Exercise. This training will encompass a Basic User
Training to encompass functioning knowledge of WebEOC.
5. Municipal and Partner Agency Planning: Initiate planning for Palm
Beach County's municipalities and partner agencies including
meeting attendance, providing demonstrations of WebEOC's
capabilities and describing the software's role in Palm Beach County.
e. Coordinate with the OEM Technology Committee and Regional WebEOC
development committee on the technological functionality and needs in the
implementation of OEM's fusion initiative while ensuring Regional compatibility.
f. Conduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on Initiatives not feasible during the duration of
the project to OEM Director or designee.
-
3
6. RESPONSIBILITIES OF THE PUBLIC SAFETY DEPARMENT/EMERGENCY
MANAGEMENT DIVISION
OEM will provide the following services and data to the Consultant for the performance
under this project:
a. Available data and information, including project objectives, constraints, budgetary
limitations, and time restraints.
b. A copy of the current documents, reports, plans and any other pertinent information
as related to the planning and implementation activities for the OEM's fusion
initiative,
c. Available drawings, maps, specifications, schedules, reports, data and other
information developed by OEM thus far as related to the planning and
implementation process for OEM's fusion initiative,
d. Available work station(s) and office support for the Consultant's one and one half (1
%) staff members designated to the project.
e. Available access to OEM work stations, staff and facilities.
7, RESPONSIBILITIES OF THE CONSULTANT
a. The Consultant shall perform only those services directly authorized by the OEM
Director or designee,
b. Progress reports and invoices shall be provided monthly and on a needed basis.
c. The Consultant shall provide the name, resume and profeSsional experience of its
staff member(s) who will be assigned to the project and meet the professional
requirements listed in subsection (e),
d. The Consultant shall assign one and one half (1 1/2) staff members on a full time
basis to be on site at the OEM EOC for the entire duration of the project.
e. The Consultant shall designate two staff members to this project to be on site as
follows: (a) one staff member on a full time basis to coordinate the technological
functionality component, and (b) one staff member on a part time basis to
coordinate the project management and administration component. The staff
members assigned to this project must meet the required profeSsional experiences
as outlined below,
Project Management and Administration component:
· At least one year (1) year of experience in Fusion initiative projects,
· Well founded familiarity with Fusion initiatives concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence and
United States Department Information Fusion and Privacy Policy
Development Guide,
· At least three (3) years with project design planning development and
implementation.
-
4
· A well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation.
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiatives functions.
Technological functionality component:
· At least one year of experience in Fusion initiative projects.
· Well founded familiarity with the Fusion initiatives concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence
and United States Department Information Fusion and Privacy Policy
Development Guide.
· At a minimum, completion of ESl's WebEOC Administrator Course,
· A well founded familiarity with Share Point applications.
· A well founded familiarity with Emergency Management concepts, laws
and regulations,
· Familiarity with WebEOC systems, development and implementation,
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiative functions.
f. The Consultant shall address the recommendations in the project from the OEM
Director or designee,
g. All computer analysis will be performed on IBM PC or PC compatible computers
utilizing software and analysis techniques approved by the OEM Director or
designee,
h. All documents and support materials developed for OEM will be prepared in
Microsoft Office format such as Word, Access, Excel, Power Point and PDF format.
i. All Geographical Information System (GIS), if any, related information will be
provided in ESRI ARCIINO format (Version 7,0 or later) and readable in ARC View.
The coverage shall be in State Plane Feet NAD83 Zone 3601 and shall be based
on the National Grid System where available,
j. All graphics, if any, shall be provided to DEM in a photo-ready reproducible format.
When appropriate, maps and graphics should be prepared using the specified GIS
software.
k. All materials will be provided to OEM in both hard copy and electronic format in
word and PDF format.
I. The Consultant will provide OEM with both hard copy and electronic format of all
work products (reports, spreadsheets, data sets, drawings, graphics, etc.) in a
format compatible with the OEM's computer systems, Computations based on
computer programs other than the OEM's must conform to all OEM accuracy and
format requirements. Prior to providing work products in any other format, the
Consultant must be granted permission to do so by OEM Director or designee,
-
5
8. TASKS AND DELlVERABLES TIMELlNE
The Consultant shall adhere to the following timeline:
a. Within seven (7) days of award schedule a "Kick Off' meeting with OEM Director or
designee.
b. Within seven (7) days of "kick off' submit a written project design plan to OEM
Director or designee.
c. On a weekly basis provide project updates to OEM Director or designee,
d. Hold monthly meetings with OEM Director or designee fo discuss project status.
e. Complete the project within six (6) months of the "kick off' meeting.
f. At the end of the sixth month of the project make a comprehensive presentation to
OEM Director or designee on project completion and follow up recommendations.
9. CONDITIONS
a. The quote for this project is not to exceed the amount of fifty thousand dollars
($50,000).
10. QUOTE SUBMISSION DEADLINE
The Consultant shall submit a quote in response to this request for a work order
quote which must be received by OEM by end of business on 03/31/09. Quotes
received after the end of business on 03/31/09 will be rejected. Please address
your quote submission documents to:
Mr, William Welnshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Contact information:
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov,org
If not submitting a quote under this work order Consultant is to notify OEM in writing
before or by the quote submission stating the reason(s) for not submitting a quote.
-
6
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l..n lrgency Management
IT"
I::-'
ogether
mergencies
re
anaged
ler Quote pursuant to Contract
lnation of Phase 1/ of the
pn System (REMeS) Project.
of business on March 31, 2009.
jlng this request for a work order
I Projects Coordinator, at (561)
.S01:103:lY YOOA 801 "dO~ SlfU NlY138 (ALil;",
villU::. \VV'j l'.t:.-oV:lo
E-mail: Wweinsh@pbcgov.org
-
"'An Equal opportWfity
tlffinnatil'e Action Employer"
Oscar Alvarez
Terrorism Response Planner
Encl.
Department of PnbUc Safety
Division of Emergency Management
20 S. Military Trail
West Palm Beacb, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.obc!!Ov.com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Otainnan
Karen T. Marcus
Shelley Vana
Jess R Santamaria
District 4
Addie O=e
Conaty Administrator
Robert Weisman
'"An Equal Opportunity
Affirmative Action Employer '"
ADM-14-Q9-L
ogether
mergencies
re
anaged
March 24, 2009
EXPRESS MAlL
SIGNATURE REQUIRED
Michael Nardone
URS Corporation Southern
7800 Congress Avenue, Suite #200
Boca Raton, Florida 33487
RE: Request for Wor1<er Order Quotes for the development and coordination
of Phase II of the County's Regional Emergency Management
Collaboration System (REMeS) Project
Attached please find a Request for a Wor1< Order Quote pursuant to Contract
No. 07-1121DP for the development and coordination of Phase" of the
Regional Emergency Management Collaboration System (REMeS) Project.
Please note the quote submission date is end of business on March 31, 2009.
For additional information and questions regarding this request for a work order
please contact Mr. William Weinshank, Special Projects eoordlnator, at (561)
712-6320,
I will be out of the office on the week of March 30, 2009. As such, please
submit your response to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S, Military Trail
West Palm Beach, Florida 33415
Telephones: Main: (561) 712-6400
Office: (561) 712-6378
E-mail: Wweinsh@pbcgov.org
-
Oscar Alvarez
Terrorism Response Planner
Enc!.
Request for a Work Order Quote
From Pre-Qualified Consultants
1. PURPOSE
Palm Beach County Division of Emergency Management (hereinafter "OEM") is issuing
this request for a work order quote from the pre-qualified vendors (hereinafter
"Consultanf) pursuant to Contract No. 07-112/DP for assistance with the design,
development and Impiementation of Phase II (CountY. Phase) of the Regional
Emergency Management Collaboration System (REMeS) project for Palm Beach
County. This shall include establishing information process flows within the WebEOC
application, developing a concept of operations, customizing WebEOC boards,
developing training materials for end users, and coordinating WebEOC planning efforts
with Palm Beach County municipalities and partner agencies,
2. GENERAL INFORMATION
OEM began a Fusion Initiative in September 2008 to coordinate local and regional
efforts to manage and share critical information and data. Fusion refers to managing
the flow of information and intelligence across levels and sectors of government and
private industry. It goes beyond establishing an intelligence center or creating a
computer network. Fusion supports the implementation of risk-based, information-driven
prevention, response, and incident management programs. At the same time, it
supports efforts to address immediate or emerging threat related drcumstances and
events. The fusion process turns Information and intelligence into knowledge. To meet
the needs of Palm Beach County and the region related to information and intelligence,
OEM requested support in developing a web based software as a local and regional
information sharing source. This initiative was the first step in the efforts to develop the
county's emergency management information system and tie together regional, county
and municipal critical information and data in one system, The four UASI (Urban Area
Security Initiative) counties of Broward. Miami-Dade, Monroe, Palm Beach and
municipalities located in their borders formed the South Florida Regional Emergency
Management Collaboration System (REMCS) to address this regional information
collaboration need. The four UASI counties procured via its developer ESi Acquisition
Inc. the WebEOC software which is a web-based crisis information management
application that provides functions to gather, coordinate, and disseminate Information
between emergency personnel and Emergency Operations Centers (EOCs),
The purpose of the REMCS via the WebEOC software is to provide a conduit for
communication, coordination and information sharing between County Emergency
Management in Region 7, eventually tying Munldpal and Partner agendes into the
system as well. This system was designed to allow appropriate information to be shared
with appropriate agendes and partners through the use of rights and permissions set in
the system,
-
The REMeS Project was split into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase III: Municipal Design and Development
Palm Beach County will utilize WebEOe to track and share critical information on a
daily basis and in times of activation. It is the goal of OEM for Palm Beach County to be
prepared and to use the WebEOC software before the beginning of the 2009 Hurricane
Season, which begins on June 1, 2009.
This work order and request for a response is intended to address Phase II (County
Design and Development) for Palm Beach County.
3. METHOD OF ORDERING
OEM will provide Consultants an open notice of this request for a work order quote,
OEM will provide Consultants with a detailed scope of work for the project specifying the
work to be done and request Consultants submit a written quote to OEM within a
specified time frame, The project shall be awarded to the Consultant which meets the
scope of work requested and offers the lowest fixed price.
Any project equal to or greater than the Mandatory Bid/Proposal dollar amount (as
stated below) shall be subject to Palm Beach County Ordinance 2005-062. The
"Mandatory Bid/Proposal Amounr is the threshold dollar amount established as policy
by the Board of County Commissioners at and above which a formal competitive sealed
bid or proposal process must be used. Presently, the Mandatory Bid/Proposal amount
for any project is fifty thousand dollars ($50,000,00). Any project exceeding the
Mandatory Bid/Proposal amount shall be separately solicited via a formal competitive
sealed bid or proposal process.
4. METHOD OF COMPENSATION I WORK ORDERS
a, The County shall pay the Consultant on a firm fixed price basis based upon the
satisfactory completion of all services specified herein and upon the compensation
deadlines listed below. Completion of tasks is contingent upon acceptance by OEM
Director or designee.
b. The Consultant shall meet with OEM Director or designee when so requested, and
shall provide progress reports at such meetings. These progress reports will be
the basis for evaluation and processing of payment.
c. Compensation deadlines:
· At the end of the third month of the project: 50% of the awarded price quote.
· At the end of the sixth month of the project: 50% of the awarded price quote.
-
Upon the satisfactory completion of all services specified herein the County shall pay
the Consultant as per the above compensation guidelines, Completion of tasks is
contingent upon acceptance by OEM Director or designee.
2
5. OUTLINE OF WORK TASKS AND DELlVERABLES FOR WHICH
CONSULTANT SERVICES ARE REQUIRED
The Consultant will perform the following professional emergency management
activities:
a. The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee and the Regional WebEOC
development committee and staff to identify project goals, objectives, timelines, and
a detailed implementation project design plan.
b. On a weekly basis, the Consultant's team will provide the OEM Director or designee
a project status update,
c. On a> monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction.
d. The Consultant shall complete the following five (5) deflverables:
1. Information Process Flow: Outline and implement information
process flows in WebEOC based on information obtained from OEM
staff and needs identified by partner agencies.
2. Concept of Operations (CONOPS): Develop the Concept of
Operations (CONOPS) for PBC's WebEOC instance. Consultant
shall describe the characteristics of WebEOC from the user's
viewpoint. This CONOPS will show the evolution from a concept and
describe how WebEOC's capabilities may be employed to achieve
desired goals and objectives.
3. WebEOC Development and Customization: Customize WebEOC
"boards' for Palm Beach eounty. Boards should be developed based
on priorities set by OEM Management. Boards shall have a
consistent design and an emphasis put on ease of use.
4. Training Development and Initial Training: Develop initial training
to be completed and tested during the 2009 State of Florida
Hurricane Exercise. This training will encompass a Basic User
Training to encompass functioning knowledge of WebEOC.
5. Municipal and Partner Agency Planning: Initiate planning for Palm
Beach County's municipalities and partner agencies indudlng
meeting attendance, providing demonstrations of WebEOC's
capabilities and describing the software's role in Palm Beach County.
e. Coordinate with the OEM Technology Committee and Regional WebEOC
development committee on the technological functionality and needs in the
implementation of OEM's fusion initiative while ensuring Regional compatibility,
f. Conduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on initiatives not feasible during the duration of
the project to OEM Director or designee.
-
3
6. RESPONSIBILITIES OF THE PUBLIC SAFETY DEPARMENT/EMERGENCY
MANAGEMENT DIVISION
OEM will provide the following services and data to the Consultant for the performance
under this project:
a. Available data and information, including project objectives, constraints, budgetary
limitations, and time restraints.
b. A copy of the current documents, reports, plans and any other pertinent information
as related to the planning and implementation actiVlties for the OEM's fusion
initiative,
c. Available drawings, maps, specifications, schedules, reports, data and other
information developed by OEM thus far as related to the planning and
implementation process for OEM's fusion initiative.
d. Available work station(s) and office support for the Consultant's one and one half (1
Y2) staff members designated to the project.
e. Available access to OEM work stations, staff and facilities.
7. RESPONSIBILITIES OF THE CONSULTANT
a, The Consultant shall perform only those services directly authorized by the OEM
Director or designee.
b. Progress reports and invoices shall be provided monthly and on a needed basis.
c. The Consultant shall provide the name, resume and professional experience of its
staff member(s) who will be assigned to the project and meet the professional
requirements listed in subsection (e).
d. The Consultant shall assign one and one half (1 1/2) staff members on a full time
basis to be on site at the OEM EOe for the entire duration of the project.
e. The Consultant shall designate two staff members to this project to be on site as
follows: (a) one staff member on a full time basis to coordinate the technological
functionality component, and (b) one staff member on a part time basis to
coordinate the project management and administration component. The staff
members assigned to this project must meet the required professional experiences
as outlined below.
Project Management and Administration component:
· At least one year (1) year of experience in Fusion Initiative projects.
· Well founded familiarity with Fusion initiatives concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence and
United States Department Information Fusion and Privacy Policy
Development Guide,
· At feast three (3) years with project design planning development and
implementation.
-
4
· A Well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation,
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion initiatives functions.
Technological functionality component:
· At least one year of experience in Fusion initiative projects.
· Well founded familiarity with the Fusion initiati~\les concepts, laws,
regulations and guidelines such as the United States Department of
Justice Fusion Guidelines, reports on Homeland Security Intelligence
and United States Department Information Fusion and Privacy Policy
Development Guide.
· At a minimum, completion of ESl's WebEOC Administrator Course.
· A well founded familiarity with Share Point applications,
· A well founded familiarity with Emergency Management concepts, laws
and regulations.
· Familiarity with WebEOC systems, development and implementation,
· A well founded familiarity with Federal, State of Florida, and Palm
Beach County Agencies associated with Fusion Initiative functions.
f. The Consultant shall address the recommendations in the project from the OEM
Director or designee.
g. All computer analysis will be performed on IBM PC or PC compatible computers
utilizing software and analysis techniques approved by the OEM Director or
designee.
h. All documents and support materials developed for OEM will be prepared in
Microsoft Office format such as Word, Access, Excel, Power Point and PDF format.
I. All Geographical Information System (GIS), if any, related information will be
provided in ESRI ARC/INO format (Version 7.0 or later) and readable in ARC View,
The coverage shall be in State Plane Feet NAD83 Zone 3601 and shall be based
on the National Grid System where available.
j. All graphics, if any, shall be provided to OEM in a photo-ready reproducible format.
When appropriate, maps and graphics should be prepared using the specified GIS
software.
k. All materials will be provided to OEM in both hard copy and electronic format in
word and PDF format.
I. The Consultant will provide OEM with both hard copy and electronic format of all
work products (reports, spreadsheets, data sets, drawings, graphics, etc.) in a
format compatible with the OEM's computer systems, Computations based on
computer programs other than the OEM's must conform to all OEM accuracy and
format requirements, Prior to providing work products in any other format, the
Consultant must be granted permission to do so by OEM Director or designee,
-
5
8. TASKS AND DELlVERABLES TIMELlNE
The Consultant shall adhere to the following timeline:
a. Within seven (7) days of award schedule a "Kick Off' meeting with OEM Director or
designee,
b. Within seven (7) days of "kick off' submit a written project design plan to OEM
Director or designee.
c. On a weekly basis provide project updates to OEM Director or designee,
d. Hold monthly meetings with OEM Director or designee -to discuss project status.
e. Complete the project within six (6) months of the "kick off' meeting.
f. At the end of the sixth month of the project make a comprehensive presentation to
OEM Director or designee on project completion and follow up recommendations.
9. CONDITIONS
a. The quote for this project is not to exceed the amount of fifty thousand dollars
($50,000).
10. QUOTE SUBMISSION DEADLINE
The Consultant shall submit a quote in response to this request for a work order
quote which must be received by OEM by end of business on 03/31/09, Quotes
received after the end of business on 03/31/09 will be rejected. Please address
your quote submission documents to:
Mr. William Weinshank
Special Projects Coordinator
Division of Emergency Management
Public Safety Department
20 S. Military Trail
West Palm Beach, Florida 33415
Contact information:
Telephones: Main: (561) 712-6400
CHfice: (561)712-6378
E-mail: Wwelnsh@pbcgov,org
If not submitting a quote under this work order Consultant is to notify OEM in writing
before or by the quote submission stating the reason(s) for not submitting a quote.
-
6
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Irgency Management
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ing this request for a work order
Projects Coordinator, at (561)
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E-mail: Wweinsh@pbcgov,org
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"A-;' EqUal appJrtunity
Aj]/17IU1l/ve Action Employer"
Oscar Alvarez
Terrorism Response Planner
Encl.
RECEIVED
MAR 3 1 2009
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PROPOSAL ~O~WORJC()g,OER QUOTES
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..m EaMri,Giordaoo ~. Associates, Inc.
.-=E )( C E~ FT., 0 N A L SOL UTI 0 N S
EngIneering
Con5trudloo EngIneering
& InspeCtion
Mtri:lpal Engmeering
Tron<portaI/on Planning
& Trafllc EnsJneering
~! & Mapping
PIannlng
Lands<:ape Atdliteclure
& Envlronmenlal Services
COllSlrUCllM Services
Indoor M Quality
Data Tec:I1naIosles
& Development
1800 Eller om.e. SuIe 600
Fort Laude<daIe, A. 33316
Phone: 954.921.7781
FalC 9S4.921.8a07
www.calvm.giordano.com
Fort Lauderdale
Mar.{;h 27, 2009
Mr.W1Ili~m Weinshank, Special Projects eoordinator
PaltnBeach County
Division of Emergency Management
20 South Military Tr<;lil
Wett Palm Beach, Florida 33415
RE: Request for Work Order Quote: REMeS Project - Phase II
Dear Mr. Weinshank:
ealvin, Giordano, and Associates, Inc, is pleased to present the attached
proposal in response to the Request for Work Order Quote: REMeS Project -
Phase II under contract number 07-112/DP. CGA brings exceptional solutions
to support the Gounty and its emergency management needs. ealvin, Giordano
& Associates (eGA) knows the emergency management system, the south
Florida region, and the diversity of communities we serve.
Established in 1937, ealvin, Giordano & Associates (eGA) is a multi-disciplinary
firm based in South Florida, with local offices in Fort Lauderdale and West Palm
Beach. eGA is positioned to provide outstanding service to the County In many
areas including emergency management services identified for this proposal.
Our mission to continually meet our client's expectations and to provide
excellent customer service is evident in our focus on adding professionals and
technology that address the unique needs of our clients.
We believe that you will find this proposal offers an outstanding level of service
for an extremely competitive price. We hope that you will consider our proposal
favorably, and we look forward to partnering with your organization on thIs
important project.
Sincerely,
CALVIN, GIORDANO & ASSOCIATES, INC.
S~~es.~
Executive Vice President
-
West Palm Beach
Ol1ando
Fort Pie"",
HOfnl!Slead
J Cafvin. Giordano g Associates. Inc.
E X. C E P- T ION A 1 !: 0 l U,-y { 0 N S
I. INTRODUCTION
ealvin, Giordano & Associates, Inc. (eGA) is pleased to submit this proposal in
response to the Request for Work Order Quote: Development and Coordination of
Phase 1/ of the County's Regional Emergency Management eollaboration System
(REMCS) under Palm Beach County contract number 07-1121DP. CGA can offer
exceptional solutions to support the eounty and its emergency management needs.
eGA has a thorough understanding of emergency management, and specifically a
unique knowledge of Palm Beach County,
Project Manager, Helene Wetherington, Alep, eEM, has over 15 years of experience,
and was the former Assistant Director of Palm Beach eounty's Division of Emergency
Management. In that position, Ms. Wetherington led the implementation of EM 2000,
the Eoe's information sharing and collaboration system at that time, Senior Emergency
Management Planner, Beth McElroy, eEM, has over 23 years of public sector
experience including emergency management and law enforcement. She has been
involved in a number of information sharing projects including System Administrator for
SIMGA systems (HRIS software), development of relational databases for application in
a law enforcement agency, development of a regional project collaboration tool using
Sharepoint, and a planning team member for other Emergency Management
collaboration software such as I.M.PAC,T" DMAe (currently being used by the EOe),
and the PBe Fusion eenter initiative. Furthermore, the eGA Information Technology
application development team is a Microsoft Gold eertified Partner. The IT
development team develOped cutting-edge, nationally recognized softWare (INKforce TM)
which is an integrated software suite designed to comprehensively centralize local
govemment administrative functions and provides a secure wireless GIS and mobile
work environment.
The eGA planning team draws upon emergency management professionals from a
wide variety of backgrounds and from all levels of govemment. The following planning
team members have been selected to support this project
Helene Wetherington, eGA, Emergency Management Services Director
Elizabeth Strychasz, eGA, Junior Planner
Elizabeth Mcelroy, eGA, Senior Planner
-
Request for Work Order Quote: Work Order Quote for the development I3fl(/ coordination of Phase /I of the County's
Rag/onal Emergency Management Collaboration System (REMeS) Project
Coordinating Procedures- Contract No. 07-112/DP
f Calvin, Giordano & Associates, Inc.
!f.XCEVTfOHAt SOLUTIONS
II. DELIVERABLES AND WORK TASKS
eGA will perform the following tasks and services:
1, Within seven (7) days of award, we will schedule a kickoff meeting with the OEM
Director or designee.
2. We will work cooperatively with OEM Director or designee, the OEM's
Technology eommittee and the Regional WebEOC oevelopment committee and
staff to identify project goals, objectives, timelines, and a detailed implementation
project design plan within seven (7) days of the kickoff meeting.
3. On a weekly basis, we will prOVide the OEM Director or designee a project status
update.
4, On a monthly basis we will meet with the OEM Director or designee and staff to
provide project status updates, receive input and provide updates on project
direction.
5. We will complete the following five (5) deliverables:
a. Information Process Flow: Outline and implement information process
flows in WebEOe based on information obtained from OEM staff and
needs Identified by partner agencies.
b. Concept of Operations (CONOPS): Develop the eoncept of Operations
(eONOPS) for PBe's WebEOC instance. We will describe the
characteristics of WebEOe from the user's viewpoint. This eONOPS will
show the evolution from a concept and describe how WebEOe's
capabilities may be employed to achieve desired goals and objectives.
c, WebEOC Development and Customization: eustomize WebEOe
"boards. for Palm Beach eounty. Boards will be developed based on
priorities set by OEM Management Boards shall have a consistent design
and an emphasis put on ease of use.
d. Training Development and Initial Training; Develop initial training to be
completed and tested during the 2009 State of Florida Hurricane Exercise,
This training will encompass a Basic User Training to encompass
functioning knowledge of WebEOe,
e, Municipal and Partner Agency Planning: Initiate planning for Palm
Beach County's municipalities and partner agencies including meeting
attendance, providing demonstrations of WebEOe's capabilities and
describing the software's role In Palm Beach County.
6. We will coordinate with the OEM Technology Committee and Regional WebEOe
development committee on the technological functionality and needs in the
implementation of OEM's fusion initiative while ensuring Regional compatibility.
7, eonduct a comprehensive presentation on the project accomplishments, report
recommendations and action plans on initiatives not feasible during the duration
of the project to OEM Director or designee.
-
Request for Work Order Quote: WOIk Order Quote for the development and coon:finalion of Phase II of the County's
Regionel Emergency Management Collaboration System (REMCS) Projed
Coordinating Procedures - Contract No. 07-112/DP 2
Calvin,Giordaoo & Associates. Inc,
E x C e P T I 0 'oCA l SOL UTI 0 1'01 s
III. Pricing
eGA is pleased to offer you this outstanding level of service for labor for the fixed price
contract amount of $50,000, with the exceptions as noted in Section V of this proposal.
Payments are to be disbursed as follows:
$25.000 following the completion of the 3rd month of the project
$25,000 following the completion of the 6th month of ffiis project
V. Cost Assumptions
· The contractor assumes that all meetings will be hosted at a client owned facility.
The client will provide audio-visual equipment necessary for these meetings,
· The contractor will require the client's assistance to identify appropriate
stakeholders. secure their parti9ipation, and assist with the coordination of these
meetings.
· It is the responsibility of client to collect all needed documentation from
stakeholders within the agreed upon timeframe.
-
Request for Work Order Quote: Work Order Qu0/6 for the development and coordination of Phase /I of the County's
Regional Emergency Manage11l6fll Collaboration System (REMCS) Project
Coordinating Procedures - Contract No. 07-112/DP 3
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f;~r:~~ MIltlJ1gement Pr"femotlJ11 Suvices DMsi""
MAR 3 1 2009
MTSS technical approach for the development of Phase II - County Emergency Management
Collahoration System (REMCS) Project
Palm Beach County Division of Emergency Management 31 Mar 2009
20 S. Military Trail
West Palm Beach, FL 33415
Phase II- County Emergency Management Collaboration System (REMCS) Project
RE: Contract No. 07-112/DP
MTSS. IT Solutions, Inc. (MTSS) is pleased to submit this technical approach for consideration
in the continued development and coordination of REMCS. MTSS is prepared. under the
direction of the Director of Emergency Management, to coordinate with the Palm Beach County
Division of Emergency Management (OEM) Special Project Coordinator, Mr. William
Weinshank. MTSSunderstands the 'importance of REMCS' development through WebEOC in
the coordination of connnunication and infurmation sharing between all of the County
Emergency Management in Region 7.
MTSS understands the purpose of this project is to allow Palm Beach County Emergency
Management the ability to track and share critical infurmation on a daily basis and in times of
activation using WebEOC. The primary goal is to "make-ready" WebEOC for use by Palm
Beach Emergency Management by Hurricane season.
WORK TASKS AND DELlVERABLES
MTSS will perfunn the fullowing professional emergency management activities fur this project.
a, The MTSS Team will work cooperatively with DEM Director or designee, The
DEM's Technology Committee, and the Regional WebEOC development Committee
and staff to identifY project goals, objectives, timelines, and a detailed
implementation project design plan.
i. MTSS will coordinate a meeting with the Special Project Coordinator within 7
days of award of the project
ii MTSS will work directly with the Special Project Coordinator in the
identification ofproject Objectives, timelines, and milestones.
ilL MTSS will develop a detailed project plan.
b. The MTSS Team will provide the DEM Director or designee a project update on a
weekly basis.
c. The MTSS Team win provide the DEM Director or designee and staff a project status
update, receive input and provide project direction on a tOOntWy basis.
i. MTSS will provide the POC with verbal updates weekly and a status report
montWy.
ii MTSS will submit an end of the month report addressing actions, metrics, and
any encountered shortfulls or difficulties encountered in the administration of
the project.
iii MTSS will implement project redirection and inputs as directed by the DEM
Director.
d. MTSS will complete the fullowing five (5) deliverables.
-
MTSS TeduziC<11 ApproacJr
REMCS Pf/(zse II
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L Information Process Flow: MTSS will outline and implement infurmation
process flows in WebEOC based on infunnation obtained from DEM staffand
needs identified by partner agencies.
ii, Concept of Operations (CONOPS): Develop the Concept of Operations
(CONOPS) fur PBC's WebEOC instance. MTSS will descnbe the
characteristics of WebEOC from the user's viewpoint. This CONOPS will
show the evolution from the concept and describe how WebEOC's
capabilities may be employed to achieve desired goals and objectives.
iii WebEOC Development and Customiiation: MTSS will customize
WebEOC "boards" fur Pahn Beach County. Boards should be developed
based on priorities set by DEM. Boards shall have a consistent design and an
emphasis put on ease of use.
iv. Training Development and Initial Training: MTSS will develop initial
training to be completed and tested during the 2009 State of Florida Hurricane
Exercise. This training will encompass a Basic User Training to encompass
functioning knowledge ofWebEOC.
v. Municipal and Partner Agency Planning: MTSS will initiate planning fur
Pahn Beach County's municipalities and partner agencies including meeting
attendance, providing demonstrations of WebEOC's capabilities and
descnbing the software's role in Palm Beach County.
e. The MTSS Team will coordinate with the DEM Technology Committee and the
Regional WebEOC development committee on the technical functionality and needs
in the implementation of DEM's WebEOC Instance while ensuring Regional
compatIbility.
f The MTSS Team will conduct a comprehensive presentation on the project's
accomplishments, report recommendations and action plans on initiatives not feasible
during the duration of the project to the DEM Director or designee,
RESPONSIBILlTIES OF MTSS
a MTSS shall perfurm only those services directly authorized by the DEM Director or
designee.
b, Progress reports and invoices shall be provided monthly and on a needed basis,
a MTSS will provide the first invoice three months from start of work and the
final inVOice at the end of the project.
b. MTSS will provide verbal updates on the project to the DEM Director weekly.
c. MTSS will provide an end of the month report SlIlllmarizing progress, status
and milestones at the end of each month.
c. MTSS will provide the name, resume and professional experience of its staff
members who will be assigned to the project and meet the professional requirements
listed in subsection (e) of the Request.for Work Order Quote.
a Resumes are attached at the end of this docwnent
d. MTSS has assigned one and one half(l Y2) staff members on a full time basis to be on
site at the DEM EOC fur the entire duration of the project.
a Mr. Pete Weydeck will be assigned to the REMCS project full time.
h, Mr. Jimmy Stanford will be dedicated halftime.
c, Both consultants will be working out of the PBC EOC.
-
MTSS Technical ApprOi1c!r
REMCS Phau U
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e. MTSS bas designated two staff members to this projeCt to be on site as fullows: (a)
One staff member on a full time basis to coordinate the technological functionality
component, and (b) one staff member on a part time basis to coordinate the project
management and adminiStration component. The staff members assigned to this
project must meet the required professional experiences.
a. Mr. Pete Weydeck will be assigned as the teclmical consultant.
b, Mr. Jimmy Stanford will be assigned as the project manager.
c. Please see table below fur qualifications:
-
Mr. Stanfurd is a WebEOC admfuistrator and as such has completed all ESi WebEOC
Administrator training. He has acted as an administrator fur both a regional system and a county
instance and is currently assisting in developing a county WebEOC instance.
MTSS Technlcol Approach
/lEMCS Phare n
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EliJergenC}' MalUJgi!1ftent Professional Services DiM""
A well fuunded fumiliarity withFedera1, State of Florida, and Palm Beach County Agencies
associated with Fusion initiatives functions,
Throughout his career in Emergency Management, Mr. Stanfurd's experience has utilized
concepts of Fusion which related to Federa~ State and County functions. Mr, Stanford has
worked in a number of agencies involved in fusion projects and data collaboration, including
Federal Agency EOCs in Washington, DC
-
MISS Tedrnlcal Approach
REMCS Phasell
4
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f The Consultant shall address the rerommendations in the project from the DEM
Director or designee,
a MTSS will address and implement all recommendations and guidance as
provided and directed by the DEM and his staff
g. All computer analysis will be performed on IBM PC or PC compatible computers
utilizing software and analysis techniques approved by the DEM Director or
designee,
a. MTSS will perfurm all computer analysis and work on an IBM PC or PC
compatible computers,
h. All documents and support materials developed fur DEM will be prepared in
Microsoft Office Format such as Word, Access, Exce~ Power Point, and PDF
Format.
a MTSS will complete all computer documents and support materials using the
Microsoft Office Suite or Adobe PDF furmat.
i. All document Geographical Infurmation Systems (GIS), if any, related infurmation
will be provided in ESRI ARCIINO furmat (Version 7.0 or later) and readable in
ARC View, The coverage shall be in State Plane Feet NAD83 Zone 3601 and shall be
based on the National Grid System where available.
a MTSS will provide any GIS information in ESRI ARC!INO furmat (Version
7.0 or later) and readable in ARC View. The coverage shall be in State Plane
Feet NAD83 Zone 3601 and shall be based on the National Grid System
where available.
j. All graphics, if any, shall be provided to DEM in a photo-ready reprodUCIble format.
When appropriate, maps and graphics should be prepared using specified GIS
so ftware,
a. MTSS will provide all graphics, in a photo-ready reproducible furmat.
k. All materials will be provided to OEM in both hard copy ad electronic furmat in word
and PDF Format,
a MTSS will provide all materials to DEM in both hard copy and electronic
furmat in Word and PDF Format.
L The Consultant will provide DEM with both hard copy and electronic format of all
work products (reports, spreadsheets, data sets, drawings, graphics, etc.) in a furmat
compatible with the DEM's COmputer system. Computations based on COmputer
programs other than the DEM's must conform to all DEM accuracy and furmat
requirements. Prior to providing work products in any other funnat, the Consultant
must be granted permission to do so by DEM Director or designee.
a MTSS will provide DEM with both hard copy and electronic format of all
work products (rePorts, spreadsheets, data sets, drawings, graphics, etc.) in a
furmat compatible with the DEM's COmputer system.
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DELIVERABLES TIMELINE
MTSS will adhere to the fullowing timeline:
a. MTSS will schedule a "Kick Off" meeting within 7 days with the DEM Director or
his designee.
MT'SS TecJmical Approach
REMCS l'h(Ue n
5
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b. MTSS will submit a written project design plan to DEM Director or designee within 7
days ofthe "kick off' meeting. .
c. MTSS will provide weekly updates to the DEM Director and/or his designee.
d, MTSS will schedule and taciIitate monthly meetings with the DEM Director or
designee to discuss project status.
e, MTSS will complete this project within six months of the "kick off' meeting.
f At the end of the sixth month of the project MTSS will make a comprehensive
presentation to the DEM Director or designee on project completion and follow up
recommendations,
CONDITIONS
To complete this project, MTSS offers the firmlflXed price of$50,000,oo
MTSS is not, nor will be associated with any parent, affiliate or subsidiary organization, either
fonnally or infurmally, in supplying any service or furnishing any supplies or equipment to the
vendor which would relate to the performance ofthis contract. MTSS has not been retained, nor
has it retained a person, to solicit or secure a state contract on an agreement or understanding fur
a commission, percentage, brokerage or contingent tee, except for retention of bona fide
employees.
MTSS understands the conflict of interest and accepts the restriction of work on the development
of the REMCS Phase II project if awarded.
We look furward to the opportunity to support Pahn Beach County Division of Emergency
Management on this important project. If you have any questions, please contact Mr. Chas
Walts, Director at (817) 235-9170.
Sincerely,
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Chas Walts
Managing Director, MTSS
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Ml'SS recltnical Approach
REMCS PIlau n
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. PROFILE
Jimmy Stanfurd is an Emergency Mana
. expert with experience in local, state, fuderal an
international Critical Infurmation Management
Systems (CISM), disaster response operations and
exercise design.
. Me, Stanfurd's recent experience includes administrator and
developer for WebEOC instances at the regional and county level,
working with the US Department of Defense (DOD) as an exercise
developer and planner in the Office fur Civil-Military Emergency
Preparedness (CMEP), He assisted in coordinating and developing
multinational disaster response plans and exercises to test and
impl"ove national and international disaster response protocols.
Mr. Stanfurd has extensive experience working in EMS and
emergency medicine as an EMf and planner, as well as a disaster
planner and exercise developer; designing city, regional and state
disaater response plans and developing exercises to test and improve
existing plans, developing Continuity of Operations Plans for
government and private industry, and managing and developing
WebEOC CISM systems for regional, county and local use..
KEY PROJECfS AND ACHIEVEMENTS
· Administered and assisted in development of regional and
. county collaboration pl"ojects utilizing WebEOC and ETeam.
. Acted as regional Administrator fur REMCS and assisted in
rollout ofPBC WebEOC instance,
· Developed and executed the first NATO Civil Emergency
Management biological tabletop exercise (Green Cloud) in
2005,
· Coordinated, international response protocol for the Euro-
Atlantic Disaster Response Coordination Centre.
. Assisted the US Army Corps of Engineers Office of Homeland
Security to write a SOP on Civil-Military Emergency
Preparedness
· Developed multinational tabletop exercise series fur the Black
Sea region. .
. Former member Texas Trauma Coordinators Forum - helped
develop state protocol fur mass casualty response
· Developed Hospital wide internal and external disaster plans
for a level IV trauma center.
· Facilitated Numerous COOP workshops and assisted in the
successful completion of over- 100 COOP plans.
EDUCATION
. RA. History Foreign Relations, University ofTexas at
Arlington, 1995
· Emergency Medical Technician (Emeritus), MetroCrest
Medical Services, Dallas, TX, 1995
MISS Technical ApprO<Idl
REMCS E'htJ.Ie II
7
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. WebEOC Administrator &
veloper
. Exercise PI
Development
. - National Incident Management
System (NIMS)
. Unified Command Planning
. Continuity of Operations
Planning
. Continuity of Government
. Vulnerability Assessments
. Risk and Threat Assessment
. Business Continuity and
Disaster Recovery Planning
. Emergency Management
Planning
. CEMP
. CMEP
. Terrorism
. Bio Terrorism
. Evacuation
. ICS
. Training and Exercise
programs
CUSTOMERS
. Department of Defense
. Department of State
. DHSIFEMA
. NATO
. State of Florida
. Duval andPaIm Beach
Counties, FL
. Florida EM Region 7
. American Medical Response
. Tri-City Hospital
ADDITIONAL TRAINlNG
. NlMS
. Level II Anti-Terrorism
Training
. HSEEP
. BLS Training Coordinator
+ HazMat
SECURITY CLEARANCE
. Top Secret
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PROFILE
Mr. Weydeck has assisted in the
development and implementation of a
regional WebEOC instance and is currently
working on a project to install, develop, and
customize and county level WebEOC
installation.
As part of his current job function he is
developing and. customizing boards based
on organizational process flow and
providing initial system setup assistance. He also worked on the 200S
WebEOC Fusion initiative project and has assisted in developing both
the regional and PBC local WebEOC instances,
Mr. Weydeck utilized USDOJ Fusion Center Guidelines, with research
including reports on Homeland Security Intelligence and Infurmation
Sharing Initiative, Infurmation Fusion, and Privacy Policy Development
in the initial phases of Fusion development in Palm Beach County.
As a member of the Super Bowl XL planning Team, Mr. Weydeck
secved as a key developer in the Unified Command plan and support
plauning documents.
KEY PROJECfS AND ACHIEVEMENTs
. Served as administrator for WebEOC instances in Palm Beach
COWlty and Florida Region 7,
. Outlined strafegies fur development of Fusion Center utilizing
Microsoft SbarePoint as a core feature as well as continual
research concerning Fusion and its role in 2007/2008,
. . Development, organization and swveying Critical
Infrastructure Assets for use in Palm Beach County in
200712008.
. Served as Planning Assistant 8Ild co-author fur the
development of the Unified Command Plan and Joint
Information Command fur Super Bowl XL His primary role
was to collect and manage emergency management information
from a wide variety of federal, state, local 8Ild private
organizations.
. Providing essential administrative functions for services
delivered to clients. Mr. Weydeck demonstrates expertise in
report writing, client relation management, as well as data
collection, evaluation, and dissemination,
. Served as analyst and co-author of the Pandemic Influenza
Coordinating Procedure for Palm Beach County.
EDUCATION
. BoA. Criminal Justice, University of Texas at Arlington, 2001
MISS TecImlcal Approach
REMCS PItas. If
8
EXPERIENCE
. Fusion Center
. Critical Infrstructure
. SARAIEHS
. Exercise Plauning and
-Development
. Unified Command Plauning
. Continuity of Operations
Plauning
Unified Command Plauning
Event Plauning
Program Management
c uenza
ebEOC Administralor
E Team FWlctional Ex
Kr
CUSTOMERS
. Palm Beach County Florida
. Lee County Florida
. Taylor County Florida
. Franklin County Florida
. Florida Department of Health
. City of Detroit
. ETeam
ADDITIONAL TRAINlNG
. FEMA Integrated Emergency
Management
. FEMA rcs 100,200,700,800
. Community Emergency
Response Team - CERT
. NlMS
. CPTED
. HSEEP
. Suicide Bomber Training
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Division of Emergency Management
REQUISITION WORKSHEET
Initiator: Matt Cronin, Date: 41212009
Administration Manager
Tenns: /F.O.B.: Delivery Date:
PO Number: I Amount: $50,000
Vendor Name: Mitigation the Simple Solution IT Solutions (MTSSf
Address: 2131 N. Collins, Suite 433-615
City/StatelZip: Arlington, Texas 76011
Phone: 1~877-937.6877
Fed ID Number: 04-3659716
Quantity Description Unit Price Total
1 Phase II of the County's $50,000 $50,000
REMCS Project
Justification:
The Division of Emergency Management (OEM) is one of the six Divisions within the
Public Safety Department. OEM is responsible for mitigation, preparedness, response
and recovery from emergencies and disasters for Palm Beach County.
DEM was able to secure with the assistance of the Purchasing Department via a
Request For Proposals (RFP) No. 07-112/DP, contracts with five (5) Pre-Quallfled
vendors to provide emergency management consulting selVlces to OEM on an "as
needed basis". The contracts with the five (5) Pre-Qualifled vendors calls for the
issuance of Work Orders for the vendors to submit quotes on a given project and for
OEM to select one of the pre-qualified vendors.
To meet the needs of Palm Beach County and the region related to information and
intelligence. OEM requested support in developing a web based software as a local and
regional Information sharing source. This initiative was the first step in the efforts to
develop the county's emergency management information system and tie together
regional, county and municipal critical information and data in one system. The four
UASI (Urban Area Security Initiative) counties of Broward, Miami-Dade, Monroe, Palm
Beach and municipalities located in their borders formed the South Florida Regional
Emergency Management Collaboration System (REMeS) to address this regional
information collaboration need, The four UASI counties procured via its developer ESi
Acquisition Inc. the WebEOC software which is a web-based crisis information
management application that provides functions to gather, coordinate, and disseminate
information between emergency personnel and Emergency Operations Centers (EOe).
The purpose of the REMCS via the WebEOe software is to provide a conduit for
communication, coordination and information sharing between eounty Emergency
Management in Region 7. eventually tying Municipal and Partner agencies into the
system as well. This system was designed to allow appropriate Information to be shared
with appropriate agencies and partners through the use of rights and permissions set in
the system.
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The Regional rollout was designed into three Phases:
Phase I: Regional Design and Development
Phase II: County Design and Development
Phase ill: Municipal Design and Development
Palm Beach eounty will utilize WebEOe to track and share critical information in an
activation. It is the goal of OEM for Palm Beach County to_be prepared and to use the
WebEOe software before the beginning of the 2009 Hurricane Season, which begins on
June 1, 2009. The attached work order and request for a response is intended to
address Phase II (County design and development) for Palm Beach County,
On March 24, 2009 OEM issued a work order to an five (5) Pre-Qualified vendors to
support Phase II of the County's REMCS Project The work orders were submitted via
express mail signature required pursuant to article 28 "Notice" of the contract. A copy of
the work orders submitted to the five pre-qualified vendors and proof of mailing and
receipt is annexed hereto. By the quote submission deadline of March 31,2009. four of
the five (5) Pre-Qualified vendors submitted rpsponses. A copy of the responses is
annexed hereto_
The four were as follows:
1. MTSS response to work order at $50,000,
2. ealvin, Giardano & Associates response to work order at $50,000,
3. Beck Disaster Recovery response to work order declined to submit
4. URS Corporation Southern response to work order declined to submit.
A response was not received from the remaining one pre-qualified vendor. eritical
Incident Solutions. OEM staff performed an initial review of the quotes submitted to
determine if all the work order requirements were met. After reviewing the two
responses received, it was determined that only MTSS fully met all requirements as set
forth in the work order. The requirement for completion of the WebEOe Administrator
Course was not met by CaMn. Giordano and Associates. Therefore, a determination
was made to select MTSS as the most qualified vendor. Vendor selection notice to
MTSS was mailed April 2nd. 2009. Copy attached.
Proposed Action:
It is respectfully requested that:
(1) The Pre-Qualified vendor MTSS be awarded the Phase II of the County's
REMeS Project at the quoted price of $50,000;
(2) Phase II of the County's REMCS Project be processed utilizing funds awarded to
DEM from the EMPA Federal Grant 08-09 for $50,000; and
(3) The total amount of $50.000 from the EMPA Federal Grant 08-09 $50.000 be
encumbered now for future per payment to MTSS schedule outlined in the work
order: 50% of the awarded amount at the end of the third month of the project;
and 50% of the awarded amount at the end of the sixth month of the project.
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Attachments:
· DEM work order proaress tracking form.
. Work orders and proof of mailing to all fIVe Pre-Qualified Vendors,
. ealvin Giordano and Associates response to work order request for quote_
. Beck Disaster Recovery response to work order request for quote,
. URS Corporation response to work order for quote_
. MTSS selection notice.
Note: eriticallncident Solutions, no response received_
OEM Budget Line Item No.
Manager's Name and Initials: Matt Cronin
41 109 4/-109
eharles E. Tear, Director Date Financial Analyst Date
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Work Orders Progress Tracking
Pre-Qualified Vendors
Phase II of the County's REMCS Project
l;;
f~~-~::~' :":f(>~~y'
f~~~~"!;0
.1~:n,~~~J~-
ill
~:~,~;'
Phase /I of the County's REMes Project
3/24/09
Not to exceed $50,000
3/31/09
1. ealvin, Giordano and Associates at $50,000:
2. Mitigation the Simple Solution at $50,000
.~ :~;~: ~: ~pJ; . ,~:,,_,;.'
1. Beck Disaster Recovery
2. eriticallncident Solutions
3. URS eorporation Southern
MTSS
'~105!.{jt
5. OUTLINE OF WORK TASKS AND DELlVERABlES FOR WHICH CONSULTANT
SERVICES ARE REQUIRED
The Consultant wlil perform the following professional emergency management
activities:
a. The Consultant's team and project manager will work cooperatively with OEM
Director or designee, the OEM's Technology Committee <!nd the Regional WebEOC
development committee and staff to identify project goals, objectives, timelines,
and a detailed implementation project design plan.
b. On a weekly basis, the Consultant's team will provide the OEM Director or
designee a project status update.
c. On a monthly basis the Consultant's team will meet with the OEM Director or
designee and staff to provide project status updates, receive input and provide
updates on project direction.
d. The Consultant shall complete the following five (5) deliverables:
1, Information Process Flow: Outline and implement information process flows In
WebEOC based on information obtained from OEM staff and needs identified b
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OEM W/O Tracking Apri/15, 2008
Work Orders Progress Tracking
Pre-Qualified Vendors
Phase II o/the County's REMCS Project
I'iA"?i:" . '--, l partner agencies
2. Concept of Operations (CONOPS) Develop the Concept of Operations (CONOPS)
rt. i....\..] ;~~E~:;E~~~:~~~E~:: :;~::~:;::~~::~: ~:~~~:~
and objectives.
3. WebEOC's Development and Customizatlon: Customize WebEOC "boardsu for
Palm Beach County. Boards will be developed based on priorities set by OEM
Management. Boards shall have a consistent design and an emphasis put on ease
of use.
4. Training Development and Initial Training: Develop initial training to be
completed and tested during the 2009 State of Florida Hurricane Exercise.
S, Municipal and Partner Agency Planning: Initiate planning for Palm Beach
County's municipalities and partner agencies including meeting attendance,
providing demonstrations of WebEOCs capabilities and describing the software's
. '" ,2.0",:;e.! role in Palm Beach County.
,~;~~:;~if~~ :. ~~;~;f~~~~~~~~;'~~:::::::m::~::::~:::~
",.J._ 1\",,,,./ recommendations and action plans on initiatives not feasible during the duration
hj:~~;t:~~~~, of the project to OEM Director or designee.
-;e~~Ct.~;; Six (6) months
:;~~;~~~
',li~~~~1 Matt eronin, Administration
~~~; EMPA Fede"" 08-09 $50.000.
~'~~i~a .
-
DEM WIO Tracking Apri/15, 2008
Department "f Public Safety
Dlvlslou of Emergeu<oy Management
20 S, Military Trail
West Palm Beach, FL 33412
(561 )712-6400
Pax: (561) 712-6464
www obcIlOV.COOl
.
Palm Beaeb County
Board of County
CommluIGners
Jeff Koons, Otainnan
Bwt Aaronson, Vice Chairman
Addie L Greene
Karen T. Marcus
Shelley Vsna
District 4
Jess R Santamaria
COllDty Adodnlstrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
ADM-09-004
April 2nd, 2009
Chas Walts
MTSS IT Solutions
2131 N. eollins, Suite 433-615
Arlington, Texas 76011
RE: Phase 1/ of the eounty's REMeS Project
This is to notify you that you have been selected as the pre-qualified
vendor for this project.
Please contact me to set up the "kick off' meeting for this project.
Sincerely,
William Weinshank
Special Projects eoordinator
ogether
mergencies
re
anaged
i)~
-
Matt Cronin
From:
Sent:
To:
Subject:
Oscar Alvarez
Tuesday, March 31,200910:02 PM
Matt Cronin
FW: Work Order: Phase II REMCS Project
Matt,
Kern should have responded to Billy but she did not. Please take note and let him know so he can add Info into the
papers.
Thanks
Oscar
From: Kern Genden [kgenden@BeckDR.CDfl1]
Sent: Monday, March 30, 2009 8:50 AM
To: Oscar Alvarez
Subject: RE: Work Order: Phase II REMCS Project
Oscar,
We will be passing on this opportunity.
Thanks,
Kerr!
From: Oscar Alvarez [mailto:opalvare@pbcgov.org]
Sent: Tuesday, March 24,20097:14 PM
To: Jonathan Burglel
Cc: Kern Genden
Subject: Work Order: Phase II REMCS Project
Attached please find a courtesy copy of the work order for the development and coordination of Phase II of the County's
REMCS Project mailed today via Fed Ex.
The quote submission date is end of business on March 31, 2009,
Oscar Alvarez
Terrorism Response Planner
Palm Beach County
Board of County Commissioners
Public Safety Department
Division of Emergency Management
50 South Military Trail
West Palm Beach, Florida, 33415
-
Tel.: {561} 712-6386
Fax: (561) 712-6464
f-mail: oDalvarelfiJDbcaov.ora
Department of Public Safety
DIvI.lon of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
WWW.t>bclIOV.com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Olairman
Addie L Greene
Karen T. Marcus
Shelley Vana
District 4
Jess R Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
Affinnative Action Employer ,.
ADM-OO-OO5
April 2, 2009
Calvin, Giordano and Associates
560 Village Boulevard
Suite 340
West Palm Beach, Florida 33409
RE: Phase II of the County's REMCS Project
ogether
mergencies
re
anaged
This is to notify you that you were not selected as the pre-qualified
vendor for this project.
For any questions please contact me at (561) 712-6378.
Sincerely,
~~
William Weinshank
Special Projects Coordinator
-
URS
March 31, 2009
Mr. William Weinshank
Special Projects Coordinator
Palm Beach County
Division of Emergency Management
20 So. Military Trail
West Palm Beach, FL 33412
RE: Request for Work Order Quote: Phase II County's Regional Emergency
Management Collaboration System (REMCS) Project
For Contract No. 07.11210P
Dear Mr. Weinshank;
I want to thank you for notifying us of the Request for Work Order Quote pursuant to
Contract No. 07-112/DP. At this current time we respectfully decline the Invitation to bid on
this project. We do not currently have personnel available that meet the experience criteria
specified in the request.
Thank you for your lime and consideration. If I may be of any further service to you, please
do not hesltate to contact me at (305) 514.2486.
Sincerely,
URS CORPORATION SoUTHERN
<-:~~
Cathie Perkins, Program Director
Emergency Management and Homeland Security
cc; Michael Nardone, Vice President, URS Corporation - Miami
-
URS Corporallon
7650 Corporate Center Drive. SlJIe 401
Miami. Fl33126-1220
Tal: 305.884.8900
Fax: 305.884.266S
Tezanos-Jose
From:
Sent:
To:
Subject:
Tezanos-Jose
Monday, February 22,20102:14 PM
Victores-Canos
MTSS Request to Purchase
Attachments:
MTSS Scope of Work Monroe County WebEOC.docx; PSC
REMCSCompletedWorkorderPacket.PDF; RE: PSC Pre-Qualified vendors process
I!!J
~
~
~
L:::.J
MTSS Scope of
Nork Monroe Coun..
PBC
CompJetedWorkordE
RE: PBC
e-Qualified vendors
Good AFTERNOON Carlos,
Here is the "Mitigation the Simple Solution (MTSS)" vendor Monroe County Scope of Work proposal, Palm
Beach County (PBC) requisition worksheet, and full requisition package, and PBC pre-qualified process to
piggyback from the Palm Beach County requisition.
If you scroll through the PBC Pre-Qualified vendors file you will find MTSS PBC SOW proposal that we are
attempting to piggyback.
We appreciate your memorandum authorizing the issuance of a Request to Purchase for the MTSS support in
developing web based software as a regional and local information sharing source.
Please let us know if you will need any further documentation.
Thanks,
pue 7~
~ ~ ~?Ita~'*e.t~
305-289-6325
Nothing will ever be attempted if all possible objections must first be overcome.-- Samuel
Johnson
HELP US HELP YOU! _
Please take a moment to complete our Customer Satisfaction Survey:
htlp:llmonroecofl.virtualtownhall.netlPaQes/MonroeCoFL WebDocs/css Your feedback is importantto usl
Please note: Florida 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 e-mail
communication may be subject to public disclosure.
1
vv t:unv\..- .:)upporr
Page 1 of 1
Tezanos..Jose
From: Jimmy L. Stanford Uimmy.stanford@mtss.biz]
Sent: Tuesday, February 23,20102:31 PM
To: Tezanos-Jose
Subject: WebEOC Support
Jose,
Per our phone discussion, MTSS is prepared to offer Monroe County WebEOC support including setup,
board development, training material development and support, and other services as available as
defined in the Palm Beach County contract as a piggy back to that contract. This support will be offered
at a flat fee rate of $50,000.00 for a time frame of six months to commence upon installation of the
Monroe County WebEOC instance, or mutually agreed to date.
I look forward to working with the county on this and if you need anything else please let me know.
Thanks again,
Jimmy
Jimmy L. Stanford
Director of Operations
MTSS IT Solutions Inc.
2131 N. Collins St.
Suite 433-615
Arlington TX, 76112
Phone (202) 725-5565
Corporate (877) 937-6377
Fax (214) 853-9095
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to
protect themselves against tyranny in government - Thomas Jefferson
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2/23/2010