HomeMy WebLinkAboutC. Bulk Approvals
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Apri12L 2010
Bulk Item: Yes ~ No
Division:
Emergency Services
Department: Emergency Management
Staff Contact Person/Phone # Jose T ezanos/x 6325
AGENDA ITEM WORDING: Approval to issue a Purchase Order to Motorola, Inc. in the amount of
$116,176.20, fully grant funded no county match, for the purchase ofthiliy nine (39) 800 MHz mobile
radios including integral software and components at a cost of $2,770.80 each, and (3) 800 MHz hand-
held radios including integral software and components at a cost of$2,705.00 each from Sun
Communications, Motorola's authorized manufacturer representative and sole source provider in
Monroe County, Florida.
ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants &
Training (OG&T), through the State of Florida Division of Emergency Management (FDEM), has
subgranted the Urban Area Security Initiative (UASI) Grant Program, FY 2008, to the City of Miami,
Miami-Dade and Monroe Counties, and the City of Hialeah funding a program which targets homeland
security funding to "high threat" urban areas in order to prevent, respond, and recover from threats or
acts of terrorism. Monroe County Emergency Management received a portion of these funds for the
purchase of radios in the amount of$ll8,284.00. Monroe County Fire Rescue has an immediate need ..-
for radios continuing the evolution from the 400 to 800 system. Quotes were obtained from Motorola's
authorized manufacturer representative in Monroe County, Florida, Sun Communications for both the
800 MHz mobile radio described as XTL 2500764-870 MHz lO-35W including integral software and
components for a price of $2,770.80 each, and the 800 MHz hand-held radios described as XTS2500
762-870 MHz 1-3W. Utilizing the allotted $118,284.00, 39 mobile and 3 hand-held radios may be
purchased at this time.
PREVIOUS RELEVANT BOARD ACTION: On January 20,2010, the Board approved a
Memorandum of Agreement with the City of Miami dated September 30, 2009 concerning an United
States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of
Florida Division of Emergency Management (FDEM) sub-grant (Agreement # 1 ODS-48-11-23-02-195.
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST: $116.176.20 INDIRECT COST: BUDGETED: Yes l No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $ 0.00
SOURCE OF FUNDS: Grant Funds
REVENUE PRODUCING: Yes c.tI: No ---.2L AMOUNT PER MONTH_ Year
APPROVED BY: County Atty BY' ~-1chasing _ Risk Management_
~l~
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Motorola, Inc.
Contract # Purchase Order
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval to issue a Purchase Order to Motorola, Inc. in the amount of $116,176.20,
fully grant funded no county match, for the purchase of thirty nine (39) 800 MHz
mobile radios including integral software and components at a cost of$2,770.80 each,
and (3) 800 MHz hand-held radios including integral software and components at a cost
of$2,705.00 each from Sun Communications, Motorola's authorized manufacturer
representative and sole source provider in Monroe County, Florida.
Contract Manager: Irene Toner
(Name)
6065
(Ext.)
14
(Department/Stop #)
for BOCC meeting on
Apri121,2010
Agenda Deadline: April 6, 2010
-..-
CONTRACT COSTS
Total Dollar Value of Contract: $ 116,176.20 Current Year Portion: $
Budgeted? Yes[ZJ No D Account Codes: 125-13529-530490-GEI024-560640
Grant: $ 116,176.20 _-___-_
County Match: $ 0 _-_-_-_-_
- - - -
............... -- -- -- -
Estimated Ongoing Costs: $Q/yr
(Not inc1udedin dollar value above)
ADDITIONAL COSTS
For: N/A
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director 3-1J-/o YesD Not:r
Risk Management YI"[{2> Y esD NoE:1{
o.J1r.fPuring ~ID YesDNolSr
County Attorney 3.(1-- 10 YesD No~
Date Out
I ~vie~ /7
~&-,
~~
~ t./IJI
- / (, -Ii?
1-)?- - If)
Comments:
OMB Form Revised 2/27/01 Mep #2
. MOTOROLA
Quote Number:
Effective:
Effective To:
QUOOOOI05092
03 MAR 2010
02 MAY 2010
Bill-To:
MONROE COUNTY BOCC
490 63RD ST STE 160
MARATHON, FL 33050
United States
Ship-To:
MONROE COUNTY BOCC
490 63RD ST STE 160
MARATHON, FL 33050
United States
Ultimate Destination:
MONROE COUNTY BOCC
490 63RD ST STE 160
MARATHON, FL 33050
United States
Attention:
Name: Billy Pruitt
Phone: 3057971157
Sales Contact:
Name: Pat Preuss
Email: patp@suncomm.us
Phone: 3057972159
Freight terms:
Payment terms:
FOB Destination
Net 30
Item Quantity Nomenclature Description
M21 URM9PW I AN XTL 2500 764.S70MHZ, J 0.35W
la G66AF ADD: DASH MOUNT, NO CONTROL
HEAD
lb W22AR ADD: PALM MICROPHONE
Ie G398AU ENH: 3 YEAR REPAlR SERVICE
ADVANTAGE
ld BI8CL ADD: AUXILARY SPKR SPECTRA 7.5
WATT
Ie Gl14AE ENH: ENHANCED DIGITAL ID
DlSPLA Y
If G8{}6BD ENH: SOFTWARE ASTRO DIGITAL CAI
Ig G444AA ADD: CONTROL HEAD SOFTWARE
Ih G442AA ADD; XTL2500 CONTROL HEAD
Ii G51AR ENH: SOFTWARE
SMARTZONElSINGLETONE
Ij G89AA ADD: NO ANTENNA NEEDED
Ik GAOO179AA DEL: NO REMOTE CABLE NEEDED
II W635GC ADD:Ql 2010 PROMO XTL2500
List price Your price Extended Price
$1,497.00 $1,197.60 $1,197.60
$125.00 $ 1 00.00 $100.00
S72.00 S57.60 S57.60
S 182.00 S182.00 .sW.OO
S6O.00 S48.00 S48.00
S75.00 S60.00 S60.00
$515.00 $412.00 $412.00
$292.00 S233.60 $233.60
$975.00 $780.00 $780.00
$-300.00
$-300.00
$.300.00
Total Quote in usn
$2,770.80
Includes 3year extended warranty and 2010 Q 1 Promotion
PO Issued to Motorola must:
>Be a valid Purchase Order (PO)/ContractINotice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted
>Have a PO Number/Contract Number & Date
>Identify "Motorola" as the Vendor
>Have Payment Terms or Contract Number
>Be issued in the Legal Entity's Name
>Include a Bill-To Address with a Contact Name and Phone Number
>Inc1ude a Ship-To Address with a Contact Name and Phone Number
>lnc1ude an Ultimate Address (only if different than the Ship-To)
>Be Greater than or Equal to the Value ofthe Order
>Be in a Non-Editable F01l11at
.
NlOTOROLA
Quote Number:
Effective:
Effective To:
QUOOOOI06104
16 MAR 2010
15 MAY 2010
Bill-To:
MONROE COUNTY BOCC
490 63RD ST OCEAN STE 170
MARATHON, FL 33050
United States
Ship~To:
MONROE COUNTY BOCC
490 63RD ST OCEAN STE 170
MARATHON, FL 33050
United States
Ultimate Destination:
MONROE COUNTY BOCe
490 63RD ST OCEAN STE 170
MARATHON, FL 33050
United States
Attention:
Name: Billy Pruitt
Phone: 3057971157
Sales Contact:
Name: Pat Preuss
Email: patp@suncomm.lIs
Phone: 3057972159
Freight terms:
Payment terms:
FOB Destination
Net 30
Item Quantity Nomenclature Description List price Your price Extended Price
H46UCF9pW6BN XTS2500762-870MHZlI-3W/870 51,550.00 51,240.00 53,720.00
CHANNELS/3X2 KEVf>ADI MODEL 2
I. 3 QA00542AA ADD; 5f>ARE KNOB KIT
Ib 3 H886AQ ENH; 3 YEAR REf>AlR SERVICE S 125.00 5125.00 5375.00
ADVANTAGE -.....
Ie Q575AA ENH: TRUNKING 3600 BAUD 51,675.00 51,340.00 54,020.00
SOFTWARE
Total Quote in USD
$8,115.00
PO Issued to Motorola must:
>Be a valid Purchase Order (PO)/ContractINotice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted
>Have a PO Number/Contract Number & Date
>Identify "Motorola" as the Vendor
>Have Payment Terms or Contract Number
>Be issued in the Legal Entity's Name
>Include a Bill-To Address with a Contact Name and Phone Number
>Include a Ship-To Address with a Contact Name and Phone Number
>Include an Ultimate Address (only if different than the Ship-To)
>Be Greater than or Equal to the Value of the Order
>Be in a Non-Editable Format
>Identify Tax Exemption Status (where applicable)
>Include a Signature (as Required)
A
March 6, 2010
To Whom It May Concern:
Please accept this letter as certification that Sun Communications located at
P.O. Box 5930, Key West, FL 33045 is Motorola's authorized manufacturer
representative in Monroe County Florida.
The Motorola manufacturer representative is authorized to sell the entire
Motorola product line including Astra 25 Quantar ft GTR base stations the XTS,
XTL 8: APX series subscribers with all related accessories and Motorola's full
line of dispatch solutions. These products are not available through the
Motorola dealer IreseUer network.
~,......
If you wish to purchase this equipment, please issue your purchase order to
Motorola, Inc. and your local Motorola manufacturer representative, Pat
Preuss, will promptly process the order for you.
If you have any further questions please feel free to contact me.
ST;;;k
Mike Patricelli
Channel Account Manager
Motorola, Inc.
Ph. 239-947-8222
Cc: Pat Preuss, Sun Communications
M%rola, lnC.e t-.jetWOfY-5 & Enlmpnsc, Government & Cornmerciul Markets-Americils
8000 W. Sunriso Boulev8rr], Plantillion, FL 33322 U.S.A.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division:
Emergency Services
Bulk Item: Yes l.
No
Department: Fire Rescue
Staff Contact Person/Phone # James Callahan/x6088
AGENDA ITEM WORDING: Approval ofa Memorandum of Understanding between Monroe
County and Naval Air Station Key West Fire Department for mutual fire and emergency services
assistance.
ITEM BACKGROUND: Each of the patiies 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: On December 20,2006 the Board approved a
Memorandum of Understanding between Naval Air Station Key West and Monroe County regarding
Mutual Fire and Emergency Services Assistance Agreement.
--
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 AMOUNTPERMONTH_ Year
APPROVED BY: Coun1y Atty ~ ~urchasing _ Risk Management_
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Naval Air Station Key
West Fire Department
Contract #_
Effective Date: 04/21/2010
Expiration Date: ongomg
Contract Purpose/Description:
Memorandum of Understanding between Monroe County and Naval Air Station Key
West Fire Department for mutual fire and emergency services assistance.
Contract Manager: lCallahan/S.Hover
(Name)
6088
(Ext. )
Emergency Services 1 Stop 14
(Department/Stop #)
for BOCC meeting on
04/21/2010
Agenda Deadline: 04/06/2010
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 ,,/ R.jvi~pf
Division Director 3-/b ./0 YesD No~ /~~dL/(s-.
Risk Management 3-\1-j'p YesDNol2r ~ ~9"
o.~/Purchasing MID YesD NoD ~~
County Att:ey 8~ YesD Nocgl ~llkU
Comments:
Date Out
3.lb . /D
3... 17-, /D
OMS Form Revised 2/27/0] MCP #2
:MEMORANDUM OF UNDERSTANDING
BETWEEN
NA V AL AIR STATION KEY WEST FIRE DEPART:MENT,
AND
MONROE COUNTY
MUTUAL FIRE AND E:MERGENCY SERVICES ASSISTANCE AGREE:MENT
This Memorandum of Understanding (MOD), made and entered into this _ day of March,
2010, by and between the Monroe County, Florida, (County) a political subdivision of the State
of Florida, and Naval Air Station Key West, Key West, Florida (Navy) for the mutual fIre and
emergency services assistance between Monroe County Emergency Services Department and
Naval Air Station Key West Fire Department.
WITNESSETH
..-
WHEREAS, County and Navy each maintain an organized fIre department, equipment, and
personnel for the suppression of fIres and for emergency rescues within their respective
jurisdictions and areas; and
WHEREAS, County and Navy each desire to augment fIre and emergency services available in
their respective jurisdictions in the event of large fIres or unusual emergency incidents; and
WHEREAS, County and Navy's jurisdiction, land, and districts are adjacent or contiguous so
that mutual assistance in a fIre or rescue emergency is feasible; and
WHEREAS, County and Navy declare, as a matter of policy, that a mutual fIre and emergency
services assistance agreement is practicable; and
WHEREAS, County and Navy deem it to be sound, desirable, practicable, and benefIcial to
render assistance to one another in accordance with the following terms:
Page 1 of 3
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Whenever it is deemed advisable by the authorized senior fue officer on duty of the
Monroe County Emergency Services Department or Naval Air Station Key West Fire
Department to request firefighting or rescue assistance from the other party under the
terms of this MOD, the comparable senior fire officer for the party 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 MOD by the technical
head of fue depm;tments involved;
d. Forthwith dispatch such apparatus and personnel as, in the judgment of the senior
fue 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 MOD shall not be mandatory,
the party receiving the request for assistance should immediately inform the requesting
service if service cannot be rendered. Nonetheless, a failure to so inform or an otherwise
failure or declination to render assistance shall not be considered a negligent act.
3. County and Navy agree that neither party's fire department is the agent of the other party,
including when responding to a request for fITe or emergency rescue assistance. Each
party's fue department is solely responsible for any acts of negligence by its agents and!
or employees.
..-
Page 2 of 3
4. All services performed under this MOU shall be rendered without reimbursement to
either party.
5. The parties' fire and emergency rescue personnel are invited and encouraged, on a
reciprocal basis, to frequently visit each party's facilities and activities for guided
familiarization, consistent with local security requirements, and to conduct joint pre-
incident planning, inspections, training, and drills.
6. This MOU shall become effective upon the date hereof, and it shall remain in effective,
unless written notice is given by either party to terminate it.
7. This MOU constitutes the entire agreement between the parties. It may only be amended
in writing, signed by both parties.
..-
IN WITNESS WHEREOF, the parties hereto have executed this MOD on the date written
above.
MONROE COUNTY
NAVAL AIR STATION KEY WEST
Sylvia Murphy
Mayor/Chairman of Board of County
Commissioners
F. M. Straughan, CAPT, USN
Chief of Staff
~~~
~ '
es Callahan
Chief, Emergency Services
(rw,d~
S. W. Holmes, CAPT, USN
Commanding Officer
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MONROE COUNTY ATTORNEY
AP~~!.E1fRM
YNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date 3-1~- ;lolD
Page 3 of3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division:
Emergency Services
Bulk Item: Yes ~
No
Department: Emergency Management
Staff Contact Person/Phone # Jose Tezanos/x6325
AGENDA ITEM WORDING: Approval of Modification #1 to extend expiration date of the FY07
State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-11-54-01-343, fully grant
funded and no county match, to June 30, 2010, and authorization for the County Administrator to
execute any other required documentation in relation to the application process.
ITEM BACKGROUND: The Division of Emergency Management has awarded Monroe County an
agreement in the amount of$97,411 to provide planning, training and exercises under the State
Homeland Security Grant Program - Issue 10. The period of this grant is July 1, 2007 through April 30,
2010. This Modification extends the end date of the grant to June 30,2010.
PREVIOUS RELEVANT BOARD ACTION: On December 19, 2007 the Board approved the FY07
State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-11-54-01-343
~
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST: $97,411.00 INDIRECT COST: BUDGETED: Yes l No
DIFFERENTIAL OF LOCAL PREFERENCE: NI A
COST TO COUNTY: $ 0.00
SOURCE OF FUNDS: Grant Funds
REVENUE PRODUCING: Yes No X (\~OUNT PER MONTH Year
APPROVED BY: County Ally ~/ ~1P~aSing _ Risk Management ~
DOCUMENTATION: Included;' If Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #08- DS 60-11-54-01-343
Effective Date: July 1, 2007
Expiration Date: April 30, 2010
Contract Purpose/Description:
Approval of Modification #1 to extend expiration date of the FY07 State Homeland
Security Grant Program Agreement (SHSGP) 08-DS-60-11-54-0l-343 to June 30,2010, and
authorization for the County Administrator to execute any other required documentation in
relation to the application process.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on April 21, 2010 Agenda Deadline: April 6, 2010
CONTRACT COSTS
...
Total Dollar Value of Contract: $ 97,411
Budgeted? YesD No ~ Account Codes:
Grant: $ 97,411
County Match: $ 0
Current Year Portion: $ 97,411
- -
I:;'~ -~ ~1; Dg ~
... - ... -
- -----.-.-...... - - -
- -
- - -----.---... ------- -
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed ~r
~/6 YesDNoE]-- . 0---
]X
~(D YesDNo~. /'
~ID YesD N,J - - ..
3-J~-;LOj' YesDNoIT ~ -/',y"n
Date Out
Risk Manage'Jt
O.M~Purchasing
County Attorney
3-;).1./ -;),010
Comments:
OMB Form Revised 2/27/01 Mep #2
Contract Number: 08DS~60-11-54-01-343
CFDA Number: 97.067
MODIFICATION #1 TO GRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, C'the Division"), and Monroe County Emergency Management ("the ReCipient) to
restate and modify the Division's Contract Number 08DS-60-11-54-01-343, dated February 22,2008 ("the
Agreement'~ .
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $97,411 to Recipient; and
WHEREAS, The Agreement expired on April 3D, 2010; and
WHEREAS, the Division and the Recipient desire to reinstate and modify the Agreement
by extending it.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby reinstated as though it had not expired.
2.
Paragraph 3, Period of Agreement, is hereby amended to have an expiration
date for the Agreement of June 30, 2010. Final requests for reimbursement
should be submitted no later than thirty (30) days after the termination date of the
contract. Any requests received after July 30,2010 may, in the discretion of the
Division, not be reimbursed from this Agreement.
4"
3. All provisions not in conflict with this Modification remain in full force and effect,
and are to be performed at the level specified in the Agreement.
4. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with this
Modification, effective as of the date of the last execution of this Modification by
both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document as ofthe
dates set out herein.
RECIPIENT: MONROE COUNTY EMEREGENCY MANAGEMENT
BY:
NAME & TITLE:
DATE:
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE: David Halstead. Interim Director
DATE:
MONROE COUNTY ATTORNEY
AP~~~tWIt?JRM
NTH IA L. HALL
ASSISTANT COUNTY ATTORNEY
Date j-J4'~O(O
Contract Number: 08DS~60-11~54~01~343
CFDA Number: 97.067
MODIFICATION #1 TO GRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, C'the Division'?, and Monroe County Emergency Management ("the Recipient) to
restate and modify the Division's Contract Number 08DS-60-11-54~01-343, dated February 22, 2008 ("the
Agreement'?
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $97,411 to Recipient; and
WHEREAS, The Agreement expired on April 30. 2010; and
WHEREAS, the Division and the Recipient desire to reinstate and modify the Agreement
by extending it.
NOW, THEREFORE, in consideration of the mutual promises ofthe parties contained
herein, the parties agree as follows:
1. The Agreement is hereby reinstated as though it had not expired.
2.
Paragraph 3, Period of Agreement, is hereby amended to have an expiration
date for the Agreement of June 30, 2010. Final requests for reimbursement
should be submitted no rater than thirty (30) days after the tennination date of the
contract. Any requests received after July 30, 2010 may, in the discretion of the
Division, not be reimbursed from this Agreement.
~
3. All provisions not in conflict with this Modification remain in full force and effect,
and are to be perfonned at the level specified in the Agreement.
4. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to confonn with this
Modification, effective as ofthe date ofthe last execution of this Modification by
both parties,
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
dates set out herein.
RECIPIENT: MONROE COUNTY EMEREGENCY MANAGEMENT
BY:
NAME & TITLE:
DATE:
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE: David Halstead, Intelim Director
DATE:
MONROE COUNTY ATTORNEY
APpe~?fM
C NTH IA L. HALL
ASSISTANT COUNTY ATTORNEY
Date !;- "lV- 20fD
---.". j.
Contract Number: 08DS-60-11-54-0 1-34-..3
CFDA Number: 97.067
FEDERALLY.FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida. Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Monroe County Emergency Management, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the
authority to subgrantlhese funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under
this Agreement.
....
NOW, THEREFORE, th; Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligalions in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in AlIachment B.
(3) PERIOD OF AGREEMENT.
This A9reement shall begin July 1,2007 and shall end AprU30, 2010, 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 lIgreement. Changes,
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-S?, "Cost
Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Non"profit Organizations." If this Agreement
is made with a commercial (for-prolil) organization on a cost-reimbUrsement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipieht shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from lunds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records
upon request. The Recipient Shall ensure that audit working papers are made available to the Division
designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the Division with the following exceptions:
1. 11 any litigation, claim or audit is slarted before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings Involving the records have been resolved.
2. Records for the disposition 01 non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after the closing on the transfer of tille.
2
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~
(c) The Recipient shall maintain all records for the Recipient and tor all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation ot ~
all program costs, in a form sufficient to determine compllance with the requirements and objectives of the
Budget and Scope 01 Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall be construed according to the
circumstances bul ordinarily shall mean during normal business hours of 8:00 a.m. to 5;00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT AEQUIREMENTS
~
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records Shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. 10
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department andlor the Division with the records,
reports or financial statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in 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 1to this Agreemeni
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Aecipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
3
established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A.133, as revised, '!Jill meet the requireme~ts ., .
of this paragraph.
In conneclion with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A.133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in Its fiscal year and elecls to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from
""
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages tor audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A.133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville. IN 47132
4
Other Federal agencies and pass.through entities in accordance with Sections .320 (e) and (f), OMB
Circular A.133, as revised.
(I) Pursuant to Section .320 (f), OMB Circular A.133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (0), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to aurHla.parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
~
(g) Any reports, management letter, or other information required to be sUbmitted to the
Department and the Division pursuant to this Agreement shall be submiUed timely in accordance with
OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules 01 the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Division of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days alter the Department or Ihe Division has
notified the Recipient 01 such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shail either be a certified public accountant or a publlc accountant licensed under
5
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department and the Division no lat~r than nine (9) IT\onth~
from the end of the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
a 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 such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after
the end of each quarter of the program year and shall continue to'be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
(c) The close.out report is due 60 days after termination of this Agreement or upon
completion ot the activities contained in this Agreement, whichever first occurs.
(d) It all required reports and copies, prescribed above, are not sent to the Division or are
not completed in a manner acceptable to the Division, the Division may withhold further payments until
they are completed or may take such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additionai program updates, reports or information
as may be required by the Division.
(8) MONITORING.
The Recipient shall monitor lls performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement. to
ensure that time schedules are met, the Budget and Scope of Work, Atlachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
"'"
6
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report. ~ .
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), moniloring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMS
Circular A-133, as revised, andfor olher procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instrucllons provided by the Division to
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of worle under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as gefined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be Hable for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
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7
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of,the ~
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any 01 its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default wilhoutthereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) II any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling 10 meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient falls to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, Incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Even! of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrenlly
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days priorwriHen notice of such termination. The notice shall be effective when placed in the United
States mail, tirst class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
""
8
(b) Commence an appropriate legal or equitable action to enlorce pertormance 01 this
Agreement;
(c) Withhold or suspend payment 01 all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of pertormance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend. discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Division lor the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations. governing the use of funds under this
""
program.
(I) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division 01 any right or remedy granted hereunder or jailure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement lor cause upon thirty (30) days written
notice. Cause shall include, but not be limited to, misuse 01 funds; fraud; lack 01 compliance with
applicable rules, laws and regulations; failure to pertorm in a timely manner; and relusal by the Recipient
to permit public access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Fla. Stat., as amended.
9
(b) The Division may terminate this Agreement tor convenience or when it determines, in
its sole discretion, that the continuation ot the Agreement would not produce b~nelicial results .
commensurate with the turther expenditure of funds, by providing the Recipient with thirty (30) calendar
days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the elfeclive date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. . Notwithstanding the above, the
~
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-all until such time as the exact amount of damages due the Division from the Recipient is
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified beloW
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address otthe DiVision contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management-
Bureau of Response Grants Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488.7842
Email: carolvn.washinQton@em.mvtlorida.com
10
(c) Tile name aml adclress of tile Representative or tile RBcipient responsible for tile
administration of this Agreement is:
Irene Toner, Director
490 63'd Street, Suite 150
Marathon, Flonda 33050
Telephone: 305-269-6065
Fax: 305-289-6333
Emall: toner-Irene@.monroecountv-ff.qov
(d} In the event that different representatives or addresses are designated by either party
after execution of Illis Agreement, notice of the name, till e and address of the new representative
will be rendered as provided in (13}(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the worl( required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for reviewand approval prior to execution of the
subcontract by the Recipient. Tile 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 (Hi) the subcontractor shall hold the Division and Recipient harmless against all
""
claims of whatever nature arising out of the subcontractor's perfolTIlance ofworl( under this Agreement, to
the extent allowed and required by law. Each subcontractor's progress in performing ils worl( under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. StaL
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language ofthls
Agreement ami the attachments hereto, the language of sucll attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibil1 - Funding Sources
11
Attachment A - 8ll(Ig81 anel Scope of Work.
Attacllment B - Program statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Wa n'antles and Representations
Attachment E - Certification Regarding Debannent
Attachment r- - Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost.reimbursement Agreement. Tile Recipient shall be reimbursed for
costs incurred in the satisfactory performance ofworl< hereunder In an amount not to exceed $97,411
subject to the availability of fuMs.
(b) Any advance payment under this Agreement Is subject to Section 216,181 (16),
Fla.StaL and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(t2)(b) ofthis Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within tile first three (3) months of the contract tenn. For a federally funded
contract, any advance payment is also subject to fe(lera1 OMS CirCUlars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the bUdget data on which
the request Is based and a justification statement Shall be included in this Agreement as Atlachment C.
Attachment C will specify the amount of advance payment needed and provide an eXplanation of the
necessity for and proposed use ofthese fu nels.
1. -lL....... No advance payment is requested.
2. _ An !1dvance payment of $ is requested.
(c) Afterthe initial advance, if any, payment Shall be made on a reimbursement basis as
needed The Recipient agrees to expend funds in accorclance with the Blldgel and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not aVailable to fund this Agreement as a result of action by Congress,
the State Legislattlre, the Office ofthe Chief Financial Officer, the State Office of Planning and BUdgeting
or the Federal OffIce of Management and Budgeting, all obligations on the par! of the Division to make
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12
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oall Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., If a check or other draft is returned to the Division for
collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five
Percent (5%) of the face amount of the returned check or draft. whichever is greater.
""
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a stale agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
13
with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any acHons arising out of this Agreement shall lie in the Circuit Court of Leon County. II any
provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and Shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis ot disability in the areas of employment, public accommodalions,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
lor the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipienl certifies, to the best of its knowledge and belief, that it and its principals:
J"
14
1. are not presently debarred, suspended, proposed lor debarment, declared
ineligible, or voluntarily excluded Irom covered transactions by a federal department or agency; .
2. have not, within a live-year period preceding this proposal been convicted 01
or had a civil judgment rendered against them lor commission of Iraud or a criminal offense in connection
with obtai,ning, 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, lalsification or destruction 01 records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addilion, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. orthe Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be
submitted in delall sUllicient for a proper preaudit and postaudit thereof.
{j} If otherwise allowed under this Agreement, all bills lor any Iravel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
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L5
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject tq the ~ ~ .
provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
(I) if the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who I<nowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e} of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the lNA Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
~
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.} with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(0) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufactured articles, materials and supplies which are acquired for public use
under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with this
Agreement may be used directly or indirectly to Influence legislation or any other official action by the
Florida Legislature or any state agency.
16
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person lor 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 ot a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of qny Federal loan, the entering into ol any cooperative agreement, and the extension,
contlnuation, 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 allempting 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 f1orm.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 lor
making or entering into this transaction imposed by Section 1352, Tille 31, U.S. Code. Any person who
fails to file the required certification shall be sUbject 10 a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
17
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) Jf any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection wili be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State 01 Florida.
(c) Within thirty (30) days of execution 01 this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
""
18
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the term s of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment G.
""
19
I N WITNESS WHEREOF. the parties hereto have ca lIsed this Agreement to be executed by their
undersigned officials as duly authorizeo.
Date:
SAMAS #
FIDtt 59-6000-749
""
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
~
Name and Title; W. Craig Fuoate. Director
Date: ~c2.-~8
/
20
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program (fist Federal agency, Catalog of Federal Domestic Assistance title and number) -
CFDA #97.067
$97,411
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS;
NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
Ust applicable compliance requirements as foflows:
"'"
1. Recipient is to use fund ing to perform the following eligible activities as identified in the Un ited
States Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate Fiscal Year 2007-08 State Homeland Security Grant Program
(SHSGP), consistent with the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that
pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
NOTE: Section AOO(d) ot OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
21
Attachment A
Budget and Scope of Work
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
'Proposed Program Budge!" as a guide for completing the "Sudget Detail Worksheet" below.
...
.!.
...
No more than 3% of the total award may be expended on Management and Administration cosls by the Recipient.
At the discretion of the Recipienl, funds allocated to Management and Adminlsfration (as described in ths "Proposed
Program Sudget") may be put towards Programmatic costs instead.
The .transfer of funds between planning, training, exercises end management & administration is permitted, for this
contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award.
Stale Ham eland Security Grant
Program -Issue 10
Monroe County
Emergency
Management
Planning
Training
Exercises
$94,469.00
""
Management and Administration
(the doller amount which corresponds to 3% of the
total local agency allocation is shown in the column
on the right. (Only 3% can be allocated for each
line 118m)
$2,922.00
22
_..;"v-
(
Budget Detail W05'!(sheet
The Recipient is required to provide a completed budget detail warl<sheet, 10 lI1e Division, which accounts for tile total award far
issue 10 as descrIbed in the "Proposed Program Budget".
If any changes need to be made to the "BUdget Detail Warltsheet", gtlgr the exacutlon of this contract, contact the contract manager
listed in this contracl via amall or letter.
Public Education/Outreach
Develop and Implement homeland SQ<iUrity support programs and adopt
ongoing DHB national Inilialives
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate Clllzen Cmps-related volunteer
programs
Hiring of full or part-time staff or cantractorslconsultanls to assist with
planning actlvllies (not far the purpose of hiring public safety personnel
fulfilling lraditianal PUblic safety duties)
Conferences to lacllitate planning aclivllies
Materials required to conduct planning aelivllies
TraveVpsr diem related to pl.annlng activities
OvertIme and bacldlll costs - Payment of overtime eKpenses will be
lor warl( perlonned by award (BAA) or sub-award employees In excess
of the established werl( weel; (usually 40 hours) relaled to the planning
activities far the development and implementation of lhe programs under
HSGP.
"'"
I
I~ 9).;2. /f? 9).?-
Grantees may also use G&T grant lunds 10 cover overtime and beckfill
expenses for part-time and volunteer emergency response personnel
artlcl alin In G&Ttralnin .
Training Workshops and Conferences - Grant funds may be used to
plan and conduct training worl<shops orconferences to Include costs
relaled to plennlng, meeting space 'Ind other meeUng casts, lacUlmtlon
casts, materials and SUpplies, travel, and training plan development.
Full or pert-TIme Staff orContraclorsfConsullants - Full or part-lime
siaff may be hlledto support training-related activities, Paymenlof
salllries and frlnge beneflts must be In aacordence with the policies of
the state or local untt(s) of government and have the approval of the
state or the awarding agency, whichever Is 'Ippllcable. The services of
contrnctorsfconsultanls may also be procured by the state in the design.
development, conduct, and evaluatlon of CBRNE training. The
applicanrs fennal written proourement policy or the Federal Acquisition
Regulations (FAR) must be followed.
23
Travel - Travel cosls (I.e., alriare, mileage, per diem, hotel, etc.) are
allowallle as expenses by employees wllO are on travel status for official
business related 10 !he planning and conducl of the lI'alning projecl(s) or
for attending ODP-sponsored courses. These cosls must ba in
accordance wHh slate laVl as hIghlighted in lh~ OJP Financial Guide.
States must also follow slate regulatlons regarding lravel. If a stale or
tenilOry does not have a travel polley !hey must follow federal guidelines
and rates, as explained In the OJP Financlar Guide. For
further Infonnallon on federal law pertaining 10 travel costs please refer
to hilp:l/www.olp.usdoj.govIRnGulde.
Supplies. Supplies are items Ihat are expended or consumed dUfing
the course of the planning and conducl of !he training pro]ect(s) (e.g.,
copyIng paper, !,Iloves, tape, and non-sterile masl(S).
Tulllon for higher education
OilIer Items - These cosls Include the rental of spacellecaUons for
planning and conducting training, badges, etc.
"'"
Exercise PlannIng Workshop - Grant funds may be used to plan and
conducl an Exercise Planning Wort(Shop 10 include cosls related to
plannIng, meellng space and other meeting cosls, faollltatlon costs,
materials and supplies, travel and exercise plan development
Full or Part-TIme Staff or Contractors{Consullants - Full or part-lime
staff may be hifed to support exercise-related activllles. Payment of
salaries and fringe benefits must be in accbrdance with !he policies of
lhe slale Dr local unites) of govemmenl and have the approval of the
state or th.e aw~rdlngagency, whichever Is applicable. The services of
ccinttaciorslcons'ultants 'l1Iiy also be procured to support the design,
development, conduct and evaluation of CBRNE exemises. The
applicant's lormal written procurement policy or the Federal AcquIsition
Regulations (FAR) must be followed.
Overtime and bacldlll cosls - Overtime and bacldlll cosls associated
with the desIgn, development and conduot1Jf CBRNE.eXerclses are
atrowable expenses.
Grantees may also use G& T granllunds 10 cover overtime and bacldill
expenses for part-time and volunteer emergency response personnel
participating In G&T exercises.
/
If, 1'89
1'?,f'fj,9
Imptementatlon of HSEEP (Homeland Security Exercise and
Evaluation Program
Travel - Travel costs (I.e., airfare, mUeage, pefdlem, hotel, etc.) are
allowable as expenses by employees viIlo are on travel status for offiolal
business related to the planning and conduct of !he exercise project(s).
These cosls must be In accordance with slate law as highlIghted In the
OJP Finaneial Gu{de. States must also follow stale regulatlons regarding
lravel. II a slate or territory does not have a travel pOlicy they must follow
federal guidelines and rates, as explained In the OJp Financial Guido.
For further Infonnation on federal law pertaining 10 lravel costs please
refer 10 MP:/M'WI'I.ojp.usdoj.govIFlnGulde.
Supplles - Supplies are Ilems lhat are expended or consumed during
the course of Ille planning and conduct of the exercise proJeot(s) (e.g.,
copying paper, gloves, tape, non-sterile maslcs, and disposable
proleclive equipment).
24
01hel' Item a - These cosls inclu(le Ule renLal of spacellocations far
e;:erclse planning and C<lnduct, e,:eraise signs, badges, etc.
The scenarios used In SI-ISGP funded exercises must be terrorism-related and based an the State Homeland Security
Strategy and plans. Acceptable scenarios far exercises include: chemical, biological, radiological, nuclear, explosive, cyber
and agricultural. A slate or local iurisdlcllan Ihal conducts an exercise using SHSGP funds must follow the HSEiEiP doctn'ne
and protocols located at htlo:llwww.oio.lIsdoi.oov!adolexerclses.hfmllhseeo.
Hiring of full-tlma or part-time staff or contractors/consultants:
.~. To assist with the management of the FY 2007 SHSGP
J. To assist with design, requirements and the Implementation of the
FY 2007 SHSGP
.]. To assisl with Ihe implementation and administration of the State
Homeland Security Strategy, as it may relate to the FY 2001
SHSGP
Hiring of full-time or part-time statf or contractorsfconsullants and
expenses related to:
,~ HSGP pre-application submission management actlviUes and
application requIrements.
-:;t.. Meeling compliance wllh reporlingldata collection requiremenls,
Including data oalls.
Development of operating plans for Information collection and
processIng necesaaryto respond to DHSfODP data ellUs.
Overtime and bacltllll casts Overtime expenses are defined as the
result of personnel who warl{ed over and above their nonnal scheduled
dally or weeldy wanced lime In the pelfonn",nce of G&T - approved
actlvlUes. Baclalll Costs also called .Overtlme as Baolallr are defined as
expenses from the result of personne,l who are \vorl(lng overtime in
order 10 perform the duties of olher personnel who are temporarily
assigned to G&T - approved acllvllJes oulside theIr core responsibilities.
Neither overtime nor backfill expenses are the result 01 an Increase of
Full - TIme Equivalent (FTEs) employees. These costs are allowed only
10 the ex!entthe paymen! lor suoh seNlces Is In accordance with the
policies ollhe slate or unil(s) of tocal government and has the approval
of the state or the awarding agency, whichever Is applicable. In no case
Is dual compensation allowable. That Is, ifn employes'of a unit of
government may nol receive compensation from tIIelr unit or agency of
government AND from an award for a single pertod of Ume (e.g., 1 :00
pm to 5:00 pm), even though such work may benefit both aatlvlUes.
Fringe benefits on overtime hovrs are limited to Federal Insurance
Contributions Act (FICA). Workers' Compensa1ion and Unemployment
Com ensallon.
Travel expenses
Meellng-related expensos (For a complete list of allowable meeling-
related expenses, please review the OJP Financial Guide at
htlp:llwvNl.o)p.usdoJ.govlFlnGulde).
Acquisition of authorized office equipment, Including personal
computers, laptop. compu!ers, printers, LCD proieclors, and olher
equipment or software which may be required to support Ille
Implementation of the homeland securIty strategy.
""
The following ara allowable only within the contract perIod:
J. Recurring fees/charge:; associated with certain equipment, such as
cell phones, faxes, ela.
i Leasing and/or renting of space for newly hired personnel to
administer programs within FY 2001 SHSGP.
TOTAL 97,.111
25
Scope of Work
Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness
Fiscal Year 2007 State Homeland Security Grant Program (SHSGP), consisterit wilh the Departmen(of ~.
Homeland Security, National Preparedness Directorate. Eligible activities are outlined in the Scope of
Work for each category below:
I. Categories and Eligible Activities
Issue 10. Planning, Training and Exercises for Local and Regional Efforts
FY 2007 SHSGP, Issue 10, allowable costs are divided into the following categories: planning,
tratning and exercises. In addition, management and administration costs are also
allowable. Management and administration costs may not exceed 3% of the Recipient's total
award.
A. Planning
Developing and implementing homeland security support programs and adopting
DHS national Initiatives including but not limited to the following:
""
Cosls associated with implementing the National Preparedness Goal and Guidance
Costs associated with implementing and adopting NIMS
Costs associated wlth complying with the requirements for the National
Preparedness System (NPS) that includes jurisdictional review of the Target
Capabilities Ust (TCL)
Costs associated with modifying existing incident management and EOPs to ensure
proper alignment with the NRP coordinating structures, processes, and
Establishing or enhancing mutual aid agreements
Developing communications and interoperability protocols and solulions
Conducting local, regional, and tribal program implementation meetings
Developing or updating resource inventory assets In accordance to typed resource
definitions issued by the NIC
Designing state and local geospatial dala systems
Developing related critical infrastructure terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery
o Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
o Citizen Corps activities in communltles surrounding critical infrastructure siles.
including Neighborhood Watch, VIPS, and other opportunities for citizen
participation
o Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites
o CIP cost assessments, including resources (financial, personnel, etc.) required
for security enhancements/deployments.
Developing related terrorism prevention activities including, including but not limited
to the following:
Planning to enhance security during heightened alerts, during terrorist incidents.
and/or during mitigation and recovery.
Multi-discipline preparation across first responder community, including EMS for
26
response to catastrophic events and acls of terrorism.
· Public informationleducation: printed and electronic materials, public service
announcements, seminars/town hall meetings, webpostings coordinated tlyougb
local Citizen Corps Councils. .
Citizen Corps volunteer programs and other activities to strengthen citizen
participation. .
· Conducting public education campaigns, including promoting individual, family
and business emergency preparedness; promoting the Ready campaign; and/or
creating State, regional or local emergency preparedness efforts that build upon
the Ready campaign.
Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites.
· CIP cost assessments, including resources (e.g., financial, personnel) required for
security enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to;
Developing or enhancing EOPs and operating procedures.
Developing terrorism prevention/deterrence plans.
· Developing plans, procedures, and requirements for the management of
infrastructure and resources related to HSGP and implementation of State or Urban
Area Homeland Security Strategies.
· Developing or enhancing border security plans.
Developing or enhancing cyber security plans.
. Developing or enhancing cyber risk mitigation plans.
Developing Qr enhancing agriculture/food security risk mitigation, response, and
recovery plans.
Developing public/private sector partnership emergency response, assessment, and
resource sharing plans.
Developing or updating local or regional communications plans.
· Developing plans to support and assist special needs jurisdictions, such as port
authorities and rail and mass transit agencies.
· Developing or enhancing continuity of operations and continuity 01 government
Plans.
Developing or enhancing existing catastrophic Incident response and recovery plans
to include and integrate Federal assets provided under the NRP. .
Developing or enhancing evacuation plans.
· Developing or enhancing citizen surge capacity.
Developing or conducting assessments, including but not limited to:
"'"
Conducting point vulnerability assessments at critical infrastructure sites/key assets
and develop remediation/security plans.
Conducting cyber risk and vulnerability assessments.
Conducting assessments and exercising existing catastrophic incident response and
recovery plans and capabilities to identify critical gaps that cannot be met by existing
local and State resources.
Activities that directly support the identification of specific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law
enforcement, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness).
Activities that directly support the identification of pre-designated temporary housing
sites.
27
B. Training
Funds may be used to enhance the capabilities of State and local emergency .
preparedness and response personnel through development of a State homeland
security training program. Allowable training-related costs include; 1. Establishment of
support for, conduct of, and aUendance at preparedness training programs within existing
training academieslinstitulions, universities, or junior colleges. Preparedness training
programs are defined as those programs related to prevention, protection, response, and
or recovery from natural, technical. or manmade catastrophic incidents, supporting one or
more Target Capabilities in alignment with national priorities as stated in the Goal.
Examples of such programs include but are not limited to CBRNE terrorism, critical
infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and
backfill costs associated with attendance at G&T-sponsored and approved training
classes and technical assistance programs. SHSP may also be used for training citizens
in awareness, prevention, protection, response, recovery skills.
Reimbursement Requirements. In order to be reimbursed the following steps must be
completed:
Submit invoices for all costs
· Requests for backfill must be accompanied by proof of payment to the payee
Requests for overtime must be accompanied by timesheets indicating the extra hours
worked and proof of payment to the payee
· Submit copies of the sign in sheets from the training
~
C. ExercIses
Funds may be used to design, develop, conduct. and evaluate exercises lhat:
· Provide homeland security preparedness personnel and volunteers a venue to
praclice prevenlion, protection, response, and recovery activities.
Evaluate prevenllon and response plans, policy, procedures, and prolocols, including
NIMS and NRP.
· Assess the readiness of jurisdictions 10 prevent and respond to terrorist attacks.
· Encourage coordination with surrounding jurisdictions in prevention, protection,
response, and recovery activities.
· Implementation of HSEEP, including developing and maintaining a self-sustaining
Slate Homeland Security Exercise and Evalualion Program that is modeled on the
national HSEEP.
Exercises conducted with ODP support (grant funds or direct support) must be managed
and executed in accordance with Ihe Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for
designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can
be found at ODP's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV.
which contains sample exercise materials and documents, can be found on ODP's
Secure Portal at https://odp.esportals.com or http://www.llis.gov.
Exercise Scenarios. The scenarios used in SHSGP-funded exercises include
catastrophic evenls, provided that they also build capabilities that relate 10 terrorism and
based on the Stale or Urban Area Homeland Security Strategy and plans. Acceptable
scenarios for exercises include: chemical, biological, radiological, nuclear, explosive,
cyber and agricultural. Grantees that need further clarification on scenarios should
consult with their State Exercise Manager for assistance andlor approval. Fifteen all-
hazards National Planning Scenarios, including 12 ferrorism scenarios, have been
28
developed, and will be made available for use in national, federal, state, and local
homeland security preparedness activities (See HSPD-8: National Preparedness on page
49). Citizen participation in exercises is encouraged to include backfilling non-
professional tasks for first responders deployed on exercise, administrative and logistical~.-
assistance with exercise implementation, and providing simulated victims, press, and
members of the public. Citizen participation in exercises should be coordinated with local
Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special
event (e.g., Superbowl, G-B Summit, etc.), or they anticipate that they will apply to be a
venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or
UASI funding to fund training and exercise activities in preparation for that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submilled to the State following every TTX, drill,
FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion
of each exercise (see HSEEP Volume II, Appendix A).
Alltablelop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submitted to the State following every TTX, drill,
FE, and FSE. AAR/IPs musl be provided to the Slate within 45 days following completion
of each exercise (see HSEEP Volume II, Appenc:llx A).
~
Reimbursement Requirements. In order to be reimbursed the following steps must be
completed:
All exercises must be posted on the National Exercise Schedule on the HSEEP web
site hUps:/lhseep.dhs.Qov/toolkit.htm . They must be approved by the Exercise
Administratiye Authority for the state before they will be eligible for reimbursement.
Submit invoices for all costs
Requests for backfill must be accompanied by proof of payment to the payee
· Requests for overtime must be accompanied by timesheets indicating the extra hours
worked and proof of payment to the payee
Submit an Exercise Plan or Situation Manual along with completed After Action
Report with Improvement Plan
Submit copies of the sign in sheets from the exercise
D. Management and Administration - no more than 3% at each sub-recipient's total award
may be expended on Management and Administration costs by the sub-recipients.
Hiring of full-time or part-Ume staff or contractors/consultants:
To assist with the management of the FY 2007 SHSGP
To assist with design, requirements and the implementation of the FY 2007 SHSGP
To assist with the implementation and administration of the State Homeland Security
Strategy, as it may relate to the FY 2007 SHSGP
Hiring of full-time or part-time staff or contractorsfconsultants and expenses
related to:
Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information collection and processing
necessary to respond to DHS/ODP data calls
29
Overtime and backfill costs. Overtime expenses are defined as the result of personnel
who worked over and above their normal scheduled daily or weekly worked time in the
performance of G&T - approved activities. Backfill Costs also called "Overtime as .
Backfill" are defined as expenses from the result of personnel who are working overtime
in order to pertorm the duties of other personnel who are temporarily assigned to G&T-
approved activities outside their core responsibilities. Neither overtime nor backfill
expenses are the result of an increase of Full- Time Equivalent (FTEs) employees.
These costs are allowed only to the extent the payment for such services Is in
accordance with the policies of the state or unit(s) of local government and has the
approval of the state or lhe awarding agency, whichever is applicable. In no case is dual
compensation allowable. That Is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single
period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benelil bolh
activities. Fringe benelils on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeling-related expenses,
please review the OJP Financial Guide at htto:/lwww.oio.usdoi.gov/FinGuidel.
~
Acquisltlon of authorIzed office equipment, including:
Personal computers
Laplop computers
Printers
LCD projectQJs, and
Other equipment or software which may be required to support the implementation of
the homeland security strategy
The following are allowable only within the period of performance of the contract:
Recurring fees/charges associated with certain equipment, such as cell phones,
faxes, etc.
leasing and/or renting of space for newly hired personnel to administer programs
within the FY 2007 SHSGP
E. Unauthorized Expenditures
Expenditures for items such as general-use software (word processing, spreadsheet,
graphics, etc.)
General-use computers and related equipment
General-use vehicles
Licensing fees
Weapons systems and ammunition
Construction or renovation of facilities that would have been reasonably necessary
due to non-terrorist threats
Activities unrelated to the completion and implementation of the SHSGP
Other items not in accordance with Ihe Authorized Equipment List or previously listed
as allowable costs
Recurring Costs
Funding may not be used to supplant ongoing, routine public safety activities of state
and local emergency responders, and may not be used to hire staff for operational
activities or backfill
30
F. Overtime and Backfill Guidance
Overtime: Expenses incurred by those personnel who, as a result of G&T-approved
activities, are performing over and above their normal, scheduled work hours ol'worR. <
week.
Backfill (also called Overtime as Backfill): Expenses Incurred by those personnel who
are working over and above their normal, scheduled work hours, or work week, in order
to perform the duties of other personnel who are temporarily assigned to G&T-approved
activities outside their core responsibllities. The OJP OC does not distinguish between
Overtime and Overtime as Backfill- they are both viewed as overtime regardless of
whether the individual has performed more hours In their normally assigned place of duty
or if the overtime accrued as a result of being re-assigned to a different place of duly.
Overtime and backfill do not result in an Increase of full-time employees (FTEs).
II. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in
order to stay abreast of initiatives being highlighted by DHS and to comply with associated
program requirements.
A.
National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach. for federal, state, territorial, tribal, and
local governments to work ellectively and efficiently together to prepare for, prevent,
respond 10, and recover from domestic Incidents, regardless of cause, size or complexity.
Since FY 2007 is a critical year for initial NIMS adoption, the Recipient should start now
by priorilizing FY 2007 preparedness assistance (in accordance with the eligibility and
allowable uses of the grant) to facilitate Its implementation.
1. Minimum FY 2007 NIMS Compliance Requirements
.JP
Incorporating NIMS into existing training programs and exercises;
Completion of the NIMCAST tool
Ensuring that federal preparedness funding supports NIMS implementation
(in accordance with the eligibility and allowable uses of the grants);
Incorporaling NIMS into emergency operations planning;
Promotion of mutual aid agreements; and,
Institutionalizing the use of the Incident Command System (ICS).
2. Local units of government should support NIMS implementation by:
Having relevant personnel complete the NIMS Awareness Course:
These independent study courses are available on-line and will take between
forty-five minutes to three hours to complete. The course is available on the
Emergency Management Institute web page at: http;{ftraininq.fema.Qov
Formally recognizing NtMS and adopting NIMS principles and policies.
The NIC will provide sample language and templates to assist in formally
adopting NIMS through legislative and/or executive/administrative means.
Establish a NIMS baseline by determining which NIMS requirements are
already satisfied. The NIC is developing a web-based self.assessment
system, the NIMS Capability Assessment Support Tool (NIMCAST) to
evaluate their incident response and management capabilities. The NIC is
currently piloting the NIMCAST with a limited number of states. Upon
completion of the pHot, the NIC will provide all potential future users with
voluntary access to the system.
31
3. FY 2007 Requirements
In order for the State to receive FY 2007 preparedness funding, the cOf"!1plial']ce
requirements described above must be met Additional information about NIMS ~
compliance and resources for achieving compliance will be forthcoming from the
NIC. The NIC web page, hlto://www.fema.Qov/nims, will be updated regularly
with NIMS information and implementation guidance,
Note: All FY 2007 Homeland Security Grant Program Grant Guidance can be
found at hllo://www.oio,usdoi.Qov/odo/docs/fv2007hsQP.pdf
B. National Preparedness System (NPS)
The NPS provides a tool to assist jurisdictions, agencies, and organizations at all levels
to plan for, assess, and track capabilities in a shared environment. [t integrates various
efforts to provide the com prehensive picture of preparedness and progress toward
achieving the Goal. Recipients are responsible for/and required to report data into this
developing system.
C. Monitorinq;
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
~
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond
to terrorist threats since ,1999 through various funding sources including federal g rant funds. As
the steward of the State Homeland Security Grant Program funds, projects and equipment the
Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the
status of the grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency's
compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring
the programmatic and capability portion 01 the grant to inclUde equipment procurement and
compliance with applicable SHSGP grant guidance.
Monitoring is accomplished utilizing various methods including desk monitoring and site visits.
There are two primary areas reviewed during monitoring activities. financial and
programmatic/capability. Financial monitoring is the review 01 records associated with the
purchase and disposition of property, projects and contracts. Capability review is the observation
of equipment purchased, protocols and other associated records. Various levels 01 financial and
programmatic review may be accomplished during this process,
Desk monitoring is defined as the review of projects, financial activity and technical assistance
between the program office and the appUcant via e-mail and telephone. Site visits are defined as
actual vislfs fa the recipient agency's location by a team or members of the FDEM or their
designee, to actually observe records, procedures and equipment.
Freauencv of annual monitorina activity:
Each year the FDEM will identify up to 50% of sub grantees for site visit monitoring,
Examples of areas that may be examined include:
S1atus of equipment pu rchases
Status of training for purchased equipment
Status and number ol response trainings conducted to include number trained
. 32
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project
Agency NIMS compliance documentation
In certain circumstances, the FDEM may be requested to provide additional
monitoring/information if the activity, or lack there of, on the part of the specific recipient has
generated questions from the region, the sponsoring state agency or the FDEM leadership. The
method of gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Agency recipients will be required to participate in desk
top .monitoring on an annual basis and as determined by the SAA. The agency recipients will
compete and submit the desk top monitoring within 30 calendar days of receipt This contact wlll
provide an opportunity to identify the need for technical assistance (T A) and/or a site visit if the
SAA determines that a recipient is having difficulty completing their project
As difliculties/deficiencies are idenlilied, the respective region or sponsoring agency will be
notified by the program office via em ail. Information will include the grant recipient agency name,
year and project description and the nature of the issue in question. Many of the issues that arise
may be resolved atlhe regional or sponsoring agency level. Issues that require further TA will be
referred to the FDEM for assistance. Examples of TA include but are not limited to:
.JP
)> Equipment selection or available vendors
}> Eligibility of item s or services
)> Coordination and partnership with other agencies within or outside the region or
discipline.
Site Visits
Site visits will be conducted by the FDEM or their designated person nel. Site visits will be
scheduled in advanced with the recipient agency pac designated in the grant agreement.
Monitoring questionnaires will be provided in advance of the visit
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring
visits will be coordinated with the capability review visits. Subject matter experts from other
agencies within the region or state may be called upon to assist in the form of a peer review as
needed.
All findings related to the capability review will be documented and maintained within the FDEM.
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed
spending for that federal fiscal year (FFY). Site visits may be combined when geographically
convenient. There is a site visit checklist to assist in the completion of all required tasks.
Site Visit Preparation
A letter will be sent to recipient agency pac stating the purpose of the site visit and sent at least
30 calendar days before the planned arrival date. FDEM personnel will call within the next 10
calendar days to schedule an appointment to review the grantee's program.
The physical location of any equipment located at an alternate site should be confinned with a
representative from that location and the address should be documented in the grantee folder
before the site visit.
33
The appointment should be confirmed with the grantee in writing (em ail is acceptable) and
documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding
folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit.
Copies of applicable documents will be made and distributed to the site visit team at a minimum
of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members
and the recipient POC one business day in advance of the site visit.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted.
Dur.ing this lime, the purpose of the site visit and the items FDEM intends to examine will be
identified. If financial moniloring visit will be conducted, they will then explain their objectives and
wlll proceed to perform the financial review.
FDEM personnel will review all Illes and supporting documentation. Once the supporting
documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted.
Each Item should be visually inspected whenever possible. Bigger items (computers, response
vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent
location on each piece of equipment as per recipient agency requirements. The serial number
should correspond with the appropriate receipt to confirm purchase. Photographs should be taken
of the equipment (large capitol expenditures in excess 01 $1,000. per item).
""
If an item is not available (being used during time of the site visit), the appropriate documentation
must be provided to account for that particular piece of equipment. Once the tour/visual/spot
inspection of equipment has been completed, the FDEM personnel will then conduct an exit
conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment. questions. etc.
Post Site Visll
FDEM personnel will review the site visit worksheet as a team and receive notes from the
Financial Review Team, if applicable.
Within 30 calendar days of the site visit, a monitoring report wlll be generated and sent to the
grantee explaining any issues and corrective actions required or recommendations. The grantee
will submit a Corrective Action Plan wilhin a timeframe as determined by the SM. The Site Visit
Worksheet, report and photographs will then be included in the grantee's file along with any
documents distributed at the site visit by the grantee.
34
Ill. Reporting Requirements
A. Quarterlv Proqrammatic ReportinQ:
The Quarterly Programmatic Report is due within 30 days aller the end of the reporting
periods (March 31, .June 30, September 30 and December 31) for the life of this contract.
If a report(s) is delinquent, future financial reimbursements will be withheld until the
Recipient's reporting is curren!.
Pro
Re ortin Period
Re ort due to OEM no later than
A ril30
Jul 31
October 31
October 1 throu h December 31
Januar 31
"'"
ProQrammatic ReportinQ: Information to Report On
After the end of each reporting period, for the life of the contract, the Division will provide
a Biannual Strategy and Implementation Report worksheet to the Recipient Point of
Contact listed in this contract. This worksheet will contain all of the information that the
Recipient needs to report on. The Recipient is to complete this worksheet in its entirety
and email the finished product to the programmatic contact listed below. The lirst
worksheet will be available after the July 1 - September 30, 2007 reporting period.
B. Reimbursement ReQuests:
A request for reimbursement may be sent to your contract manager for review and
approval at anytime during the contract period. The Recipient should include the
category's corresponding line item number in the "Detail of Claims" form. This number
can be found in the "Proposed Program Budgef'. A line item number is to be included for
every dollar amount listed in the "Delail of Claims" form.
C. Close-out ProQrammatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later
than 60 days alter the contract is either completed or the contract has expired.
IV. Programmatic Point of Contact
Contraclual Point of Contact Programmatic Point of Contact
Carolyn Washington Nicole Stanley
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850) 410-1271 (850) 410-3457
, carolvn.washinoton@em.mvflorida.com Nicole.Slanlel/@em.mllflorida.com
35
V. Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes in scope of work.
The FDEM shall administer the'financial processes.
~
36
Attachment B
Program Statutes and Regulations
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)
32)
53 Federal Register 8034
Federal Acquisition Regulations 31.2 and 031.2
Section 1352, Tille 31, US Code
OMS Circulars A-21, A-B7, A-l10, A.122
Chapter 473, Florida Statutes
Chapter 215, Florida Statutes
Section 768.28, Florida Statutes
Chapter 119, Florida Statutes
Section 216.181(6), Florida Statutes
Cash Management Improvement Act Of 1990
American with Disabilities Act
Section 112.061, Florida Statutes
Immigration and Nationality Act
Section 286.011, Florida Statutes
E.O. 12372 and Uniform Administrative Requirements tor Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
28 CFR applicable to grants and cooperative agreements
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
42 USC 3789(d), or Victims of Crime Act (as appropriate);
Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended;
Subtitle A, Title II of the Americans wilh Dlsabililies Act (ADA) (1990);
Title IX of the Education Amendments of 1972;
the Age Discrimination Act 011975; Department of Justice Non-Discrimination Regulations,
28 CFR Part 42, Subparts C,D,E, and G
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
Federal Acquisition Regulations 31.2 and 931.2
....
37
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request Is based must be submitted. Any advance payment
under this Ag reement is subject to s. 216.181 (16), Fla. Stat. The a mount wh ich may be advanced shall
not exceed the expected cash needs of the recipie"ilfWi'fllln the initial three months.
( I ADVANCE REQUESTED
[ ] NO ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay slaff, award benefits to clienls, duplicate forms
and purchase slart-up supplies and equipment. We would not be
able to operale the program wilhoullhis advance.
No advance payment is requested.
paymenl will be solely on a
reimbursement basis. No additional
information is required.
""
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete lhe following worksheef
(A) (8) (C) (D)
FFY FFV FFY Total
DESCRIPTION 2004-2005 2005-2006 2006.2007
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDlTURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide Une 2 by line 1.)
First three months expenditures need only be provided for the years In wh Ich you requested an advance. If
you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
x S
Cell 03 OEM Award
(Do not include any match)
::
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous PCA/OEM contract history. Complete Estlmated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
38
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional
pages if needed. .
ESTIMATED EXPENSES
BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondarv Administration.)
PROGRAM EXPENSES
TOTAL EXP.ENSES
Exp(anation of Circumstances:
~
39
Attachment D
Warranties and Representations
Financial Manaaement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequalely the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
. unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used soleiy for
authorized purposes,
(4) Comparison of expenditures with budget amounts for each Re'quest For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data,
~
(5) Written procedures for determining the reasonableness, allocability and allowabilily of casts
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Com petition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition, The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contraclors that
develop or draft specifications, requirements, statements of work, invitations for bids and/or requests lor
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder
or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in lhe Recipient's interest to do so.
40
"
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 gran! funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything 01 monetary value from contractors, or parties to subcontracts. The standards 01
conduct sh?1I provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents 01 the recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the publlc, and at
least one employee on site, from 8:00 AM to 5;00 PM. Monday through Friday.
Licensing and Permittina
~
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required lor all of the particular work for which they are hired by the Recipient.
41
Attachment E
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document. thaI neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible. or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
.,.
By:
Signature
Recipient's Name
Division Contract Number
Name and Tille
Street Address
City, State, Zip
Date
42
Attachment F
Statement of Assurances
"
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, includ.ing OMS Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds lor this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements 01 the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal empioyment is in connection with an activity financed in
whole or in part by Federal grants. (5 use 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It wili establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others. particularly
Ihose with whom they have family, business, or other ties.
""
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to exami~e all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, an~ other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of Ihe receipt of any communication
from the Director of the EPA Office of Federal Activities Indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8.lt will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federallinancial assistance lor construction or
acqulsllion purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an.area having special flood hazards. The phrase "Federallinancial
assistance" includes any lorm of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 use 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places lhat are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notilying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
43
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions 01 Title I of the Omnibus Crime Control and Safe Streets Act of 1968. as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act as appropriate; the _
provisions 01 the current edition of the Office of Justice Programs FinanCial and Adminislrative Guide for ~
Grants, M7100.1; and all other applicable Federal laws, orders. circulars, or regulations.
11. It will comply with the provisions 01 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrim ination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures lor Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetlanj:! Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Conlrol and Safe Streets Act of 1966, as amended, 42 use 3769(d), or Victims 01 Crime
Act (as appropriate); Tille VI of Ihe Civil Rights Act of 1964, as amended; Section 50401 the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act 011975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department 01
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In Ihe event a Federal or State court or Federal or State administrative agency makes a finding 01
discrimination alter a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy 01 the finding to the Office for Civil
Rights, Office 01 Justice Programs.
14. It will provide an Equal Employment Opportunity Program il required to maintain one, where the
application is for $500,000 or more.
15.11 will comply with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19,
1982 (16 USC 3501 et seq.) Which prohibits the expenditure 01 most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1986, and implemented at 28 CFR Part 67, Subpart F. for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
44
""
I
/
f
(
rag", 1 or~
T ezanos-Jose
From: caroiyn.Washington@em.myflorida.com
Sent: Friday, September 14, 200711:55 AM
To: Toner-Irene; TezanoscJose
Cc: Dianne.Smith@em.myflorida.com
Subject: FY07 State Homeland Security Grant Program (SI-lSGP) Agreement
Attachments: MonroeCountY08DS-60-11-54-01-.doc
Good morning Ms. Toner.
The Division of Emergency Management is pleased to forward to Monroe County an agreement in tile amount of
$97,411. Please carefully read and review the agreement including arr attachments prior to signing. The period
of performance for this agreement is July 1, 2007 through April 30, 2010. Print four (4) sets of the attacl1ed
agreement and complete as follows:
~ All four sets of the Agreement need oliginal authorized signatures
If signed by anyone other than the authorized person, a copy of an existing Certificate, Resolution, or
Procedure. or a letter signed by the authorized person indicating that they have the authority to enter into
Agreements.
~ Authorized person's name and title printed where reqUested
~ Date of signature
~ Enter your Federal r dentification Number that is located on signature page
" The Budget Oetail Worksheet should be completed with anticipated expenditure amounts - tllis amount
should equal your award amount
~ Section 13(c), Notice and Contact, must be completed with the nama and contact fnformation of tile
representative of the recipientwllo will be responsible for the administmtion oftllis agreement
""
If you intend to request an advance, please make sure that you read and complete a If items iden1ified under
Paragraph (16) Funding {Consideration. The amount which may be advanced Illay not exceed the expected cash
needs within the first three (3) months of the Agreement term. The request must also be submitted on
Attachment C with a detailed justification.
Once completed with the above information ami signed, please return all four (4) sets of the agreement to this
address:
Florida Division of Emergency Management
Bureau of Response - Attn: Carolyn Washington
Grants Administration Unit
2555 Shumard Oall Boulevard
Tallahassee, Florida 32399-2100
A fully executed original agreement will be returned to you. If you have any questions in this regard. please
contact me at (850) 410-1271 orvia smail: carofyn.washington@em.myflarida.com
Carolyn Washington
Community Assistance Consultant
Division of Emergency Management
9114/2007
P:1g~ :z nf2
8urc.JtI of R8S.p0I1.:.0
2555 Shumard Oak 80ulevard
Tallah<.1ss;;e, Florida 32399-2100
PhonE' (850) 410.1271 F81! (350) 483-7842
carolyn .washington@em.myflorida.com
.JP
9/14/2007
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 4/21/10
DIVISION: COUNTY ADMINISTRATOR
DEPARTMENT: AIRPORTS
BULK ITEM: YES
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval to re-bid the "Car Rental Preparation Activities Area" Request for Proposals, and
reject the bid received.
ITEM BACKGROUND: The County issued an RFP for the site of the former Teen Center. The site is ideal for use as a
car rental preparation area as it is large and has electric utility as well as water service. An appraisal was performed on the
property and based on the appraisal, staff set minimum bid requirements for rent, gross revenue sharing and an initial
access fee. Several car companies expressed interest in the site, however on the date of the bid opening, March 9, 2010,
only one car rental company submitted a bid. The bid is non-responsive as it fails to meet the minimum rental
requirements and does not even address the initial access fee requirement. Staff would like to review the minimum
requirements, adjust them as necessary and re-bid the site in order to obtain the best terms possible.
PREVIOUS RELEVANT BOCe AeTION: Approval to advertise Request for Proposals for Rental Car activities at the
Teen Center property on the Key West International Airport, April 15, 2009.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF REeOMMENDATION: Approval to reject bid, and re-advertise.
TOTAL eOST: N/A INDIRECT COST: N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO AIRPORT: N/A
COST TO PFC: N/A
COST TO COUNTY: N/A
BUDGETED: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: N/A
AMOUNT PER MONTH NEAR:
APPROVED BY: eounty Attorney X
OMB/Purchasing N/A
Risk Management N/A
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
Ibev
APB
revised 7109
REQUEST FOR PROPOSALS
FOR
Car Rental Preparation Activities Area Lease
AT
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy, District S
Mayor Pro tem Heather Carruthers, District 3
Commissioner Kim Wigington, District I
Commissioner George Neugent, District 2
Commissioner Mario DiGennaro, District 4
COUNTY ADMINISTRATOR
ROMAN GASTESI Jr.
DIRECTOR OF AIRPORTS
PETER J. HORTON
CLERK OF THE CIRCUIT COURT
DANNY L. KOLHAGE
January 2010
SECTION TWO
PROPOSAL SPECIFICATIONS FOR
CAR RENTAL PREPARA nON ACTIVITIES AREA AT THE
KEY WEST INTERNATIONAL AIRPORT
A. The tenn of the lease will be for a period of20 years.
B. The proposed Car Rental Preparation Activities Area consists of two (2)
contiguous parcels. Parcel "A" contains a total of 18,800 square feet and measures
200 feet by 94 feet. Parcel "B" contains a total of 14,214 feet and has a slightly
irregular shape with rough measurements of approximately 213 by 72.2. In
addition, parcel "A" contains two structures. One structure is a 4,569 (112.7 by
40.1 ft.) square foot concrete block structure with sewer, water and electric utility
services. The second structure is an attached 307 square foot wood frame storage
shed. The parcels and structures are as depicted on the attached drawing, Exhibit
A of Section Three - Lease.
D. Lessee shall be solely responsible for all remodeling, renovation, demolition,
construction and improvements necessary for the Lessee's operation. All work
shall be perfonned at Lessee's sole expense.
E. Lessee shall agree to pay Lessor an initial one time access fee ofone million
dollars ($1,000,000). Thereafter, the proposal shall include proposed rents based
on the following minimum amounts;
Parcel A( including structures) - $56,400 minimum annual rent,
Parcel B - $42,642 minimum annual rent.
The proposal shall also provide for payment to the County of a percentage of the
total rental car gross revenues or any other gross revenue generated on the site for
the tenn of the lease. The proposed minimum gross revenue payment shall be ten
percent.
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National
TABLE OF CONTENTS
1. Cover Letter
z. Bid Proposal
A. Exbiblt 1
B. Exblblt Z
3. Non-Collusion Affidavit
e
4. Sworn Statement Under Ordinante No. 18-1990, Monroe County, FL (Etblts
Clause)
5. Drug-Free Workplate Form
6. Current Copy of Monroe County Ottupatlonal Lltense
7. Publlt Entity Crime Statement
8. Insurante Cbeddist for Vendors Submitting Proposals for Work
9. Additional Information
e
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BID PROPOSAL FORM
TO:MONROIt COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 1-%13
1100 SIMONTON S'I'RI!:ET
DY WEST, JLORlDA 33040
FROM: ENTERPRISE LEASING COMPANY OF FLORIDA, LLC
5105 JOHNSON ROAD
COCONUT CREEK FL 33073
Bid Price for tho Rcntll CIr PrepantiOl1 Aet;iviJ;y area will be paid to Mouroe County It tho
follow1q rate: JUl10W initial ICCOllit fee, S_'~ IID11U8Uy for Parcel "A", S_,_
aonuallyforP.-cel "B'"plue_peroerltofGrol.Roveauea. Please see attached Exhibit 1
for Proposer's offer.
Th, undcnipod, havina carofully czllJ1inecl the work. speCtfl<<:adoaa, proposal. and addmda
thcnto and othar Contract Documentll for the serviceI of
RENTAL CAR PREPARATION ACI1VITY AREA AT
BY WEST INTERNATIONAL AIDORT
Th. Con1rador. in aubmittina tho forogoUta proposal. agreet to comply with all contl'ac:it
spocificatioa doc:umenta.
I acImowledp receipt of Addenda No. (.) 1, 2 and 3 aM. ..
(CIlecklUl'k ('II) Iteau below, .. & naiad.. tIIat tit., .... iDdIIded.)
I have included the Bid PmpouI wbida aUaila: Bid Pro. 1'011I1 FOIDl with ~ nmpl. Hst of
items to be otforod for iii. ~ .the Non-CoUusiOCl AtBdavit ..,.L;~'/ the the. LobbyiDa aa4
CoIIfIi~ ofJntarest Clause L; and tho Drug Free Workplace Fona In Iddition, I havo
included . curr,m copy of Monroe County Oc:cupetional license -=--i In8urInce Apntlt
Statem. ~ aDd all reqummCllbl . stated in Section Oa, Articl. 1.04 PIIflIW8Pha A
throuab D.
Print NIIDlC WILLIAM W. SNYDER TIde MANAGER, see attached Exhibit 2 for
evidence of authority to sign
MailinsAddress: ENTERPRISE RENT-A-CAR Telephone: 954-354 -5000
5105 JOHNSON ROAD
Fax: 954-354-5001
DIte: .1/"1 /I ()
Witness:~iIliA./&~
- (Sc.l)
COCONUT CREEK
FL 33073
Siped:
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32
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March 9, 2010
EXHIBIT 1
Peter Horton, Director of Airports
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
Reo' Requestfor Proposals for a Car Rental Preparation Activities Area Lease Agreement at
Key West International Airport
Dear Mr. Horton:
The undersigned, on behalf of Enterprise Leasing Company of Florida, LLC d/b/a Enterprise
Rent-A-Car, National Car Rental and Alamo Rent A Car ("Enterprise") is pleased to submit for
your consideration our reasonably alternative three (3) options to the bid proposal for the Car
Rental Preparation Activities Area at Key West International Airport.
Enterprise has carefully analyzed the bid documents, addendum, fmancial information and
forecasting models and proposes the following three (3) options. While we understand the
limitations of the Airport as subjected by the FAA and the requirements of the federally funded
grant, a concessionaire, or any other company for that matter, cannot knowingly subject
theirselves to losses, especially in these economic times.
Option A:
Option B:
- No Initial access fee
- $56,400 AnnuaUy for Parcel" A"
- $42,642 Annually for Parcel "B"
- 1 0% percent of Gross Revenues
- ACce88 to the VacantIFormer Budget Counter space
- 30 spots In the existing return/ready area or In the public
parking al'88 Immediately adjacent to the current ready/return
area
- No rent asseseed until we are fully operational
- Reimbursement for unamortized build out and Improvement
expenses If agreement Is termlnsted early
- No Initial access fee .
- $45,120 Annually for Plrcel"A"
- $34,114 Annullly for Parcel "B"
- 1 0% percent of Gross Revenues
- Original counter offered on the North side of the termlnll
- 30 spots In the existing return/ready area or In the public
parking lrel Immediately adJlcent to the current ready/return
are.
- No rent asse88ed until we are fully operational
- Reimbursement for unamortized build out and Improvement
expenses If agreement Is tennlnated elrly
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r
Option C:
- No Initial access fee
- $33,840 Annually tor Parcel "A"
- $25,585 Annually tor Parcel "B"
- 1 0% percent of Groas Revenue.
- Original counter offered on the North .Ide ot the terminal
- No rent a...eeed until we are fully operational
- Reimbursement tor unamortized build out and Improvement
expen.. It agreement I. termln.ted e.rly
Should you need any additional information or clarification of any aspect of this bid proposal,
please do not hesitate to phone Alan Levine, Vice President and General Manager, or Gary
Behm, Vice President - Rental, at: 954-354-5000 or via mail at: Enterprise Rent-A-Car, 5105
Johnson Road, Coconut Creek, FL 33073.
We look forward to continuing our successful business relationship and service at Key West
International Airport.
Sincerely,
ENTERPRISE LEASING COMPANY OF FLORIDA, LLC
By: ~
William W. Snyder
Its: Mana2er
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 4/21/10
DIVISION: eOUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of Federal Aviation Administration grant for, Construct Terminal Building
(Reimbursement, Phase 4), in the amount of $802,393.00.
ITEM BACKGROUND: This project is being funded 95% by FAA, with match from Passenger Facility Charge Revenue,
and the Florida Department of Transportation.
PREVIOUS RELEVANT Boec ACTION: Approval to submit Passenger Facility Charge Application # 8,10/15/03,
Application # 9, 8/8/04, Application # 10, 4/20/05, Application #11,4/20/05, and Application # 14, 1/18/08.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO AIRPORT: None
COST TO PFC: - 2.5%
eOST TO eOUNTY: None
BUDGETED: Yes
SOURCE OF FUNDS: FAA
REVENUE PRODUeING:
N/A
AMOUNT PER MONTHIYEAR: N/A
APPROVED BY County Attorney X
OMB/Purchasing pending Risk Management N/A
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Aviation Administration
Effective Date: Execution
Expiration Date: Open
Contract PurposelDescription: Grant to fund Construct Terminal Building (Reimbursement, Phase 4) at the
Key West International Airport
Contract Manager: Peter Horton
(name)
# 5200
(Ext. )
Airports - Stop # 5
(Department/ Stop)
~ BOCC meeting on: 4/21/10
Agenda Deadline: 4/6/10
CONTRACT COSTS
Total Dollar Value of Contract: $802,393.00
Budgeted? Yes
Grant: Yes - FAA
County Match: PFC Revenue
Current Year Portion: $802,393.00
Account Codes: 405-88906-57071 O-GAKB 10
Estimated Ongoing Costs: n/a
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
O.M.B.lPurchasing _1-1_
) (,a
( ) ( )
( ) ( )
( ) ( )
~fI-
pelr Horton
AlA
...1.or Risk Management
r re..vcLl..v~
for 0 B
AlArJJ..ee4l~ G4S'stU.
County Attorney
A:/ Je....! lJJ.
Airports Director 4-/..k1.tD.
Risk Management _/-1_
-1-1-
-1-1-
!LI..!..J /0-
County Attorney _1-1_
Comments:
fO GRANT AGREEMENT
u. S. Department
of T ransport8tion
Federal Aviation
Administration
Date of Offer:
March 31, 2010
Project Number:
Recipient:
Airport:
3-12~037~42-2010
Monroe County Board of County Commissioners (Herein called Sponsor)
Key West International Airport
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States' share, ninety-five percent (95%) of the allowable costs
inc~rred in accomplishing the project consisting of the following
'Constr~ct Terminal Building (Reimbursement, Phase 4)"
as more partic~larly described in the Project Application dated Febr~ary 11, 2010.
The maxim~m obligation of the United States payable ~nder this Offer shall be $802,393 for airport development.
This offer IS made in accordance with and for the purpose of carrying out the applicable provisions of the Federal
Aviation Act of 1958. as amended, codified at Title 49 of the United States Code. cceptance and execution of
this offer shall comprise a Grant Agreement, as provided by TiUe 4 of the United tates Code, constituting the
contractual obligations and rights of the United States and the Sp s r
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and
in the document "Terms and Conditions of Accepting Airport Improvement Program Grants. dated December 15,
2009.
Executed this _ day of
(Seal)
,20_
Name of Sponsor
Attest
Signature of Sponso~s Designated Official Representative
Title
Title
CERTIFiCATE OF SPONSOR'S ATTORNEY
I,
certify
, acting as Attorney for the Sponsor do hereby
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement ~nder the laws of
State of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor
relating thereto, and find that the acceptance thereof by said Sponsor and Sponso~s official representative has
been duly authOrized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the said State and the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at
Title 49 of the United States Code. In addition, for grants involving projects 10 be earned out on property not
owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further.
it is my opinion that the said Grant A9reement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Signature of Sponso~s Attorney
Date
,:,j...,,-,., ":'..,
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Orlando Airports District Office
5950 Hazeltine National Dr., Suite 400
Orlando, FL 32822-5003
Phone: (407) 812-6331
Fax: (407) 812-6978
U.S. Department
of Transportation
Federal Aviation
Administration
March 31,2010
Mr. Peter Horton
Director of Airports
3491 S, Roosevelt Blvd.
Key West FL 33040
Dear Mr, Horton:
RE: Key West International Airport
Key West, Florida
AlP Number 3-12-0037-042-2010
Grant Offer
We are enclosing the original and one copy of a Grant Offerfor AlP Project No. 3-12-0037-042-
2010 for Key West International Airport, in response to your Application for Federal Assistance
dated February 11, 2010. Your acceptance of this Offer will constitute a Grant Agreement by
which the government will participate in the allowable costs of the project amounting to
$802,393 (Federal share).
Once the authorized official has executed the Agreement and the official's signature has been
notarized and sealed/stamped, the attorney for the Monroe County Board of County
Commissioners must certify that the Sponsor's acceptance complies with local and state law
and constitutes a legal and binding obligation on the part of the Sponsor, Please note that the
Agreement is not legal unless the attorney signs it AFTER the Sponsor.
If the terms of this Offer are satisfactory, please execute the document as soon as possible. but
not later than April 22, 2010. To assist us in administrative reporting requirements you are
requested to notify this office by faxing the signature page of the grant or by telephoning us
immediately upon executing the grant. Only the original executed grant needs to be
returned to this office. The remaining copy is for your file.
Please allow approximately 30 days after returnino final executed orant to this office before
attemptinQ any drawdowns from the letter-of-credit account.
Sincerely,
W. Dean Stringer
Manager
2 Enclosures
cc:
Dionne Henry, FDOT/6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Airports
Bulk Item: Yes ~
No
Department: Marathon Airport
Staff Contact Person/Phone #Reggie Paros/289-6060
AGENDA ITEM WORDING: Approval of Lease Agreement with Mountain Air Cargo, Inc.,
for use of aircraft apron area at the Florida Keys Marathon Airport
ITEM BACKGROUND: Mountain Air Cargo is a contractor to Federal Express. They lease
19,800 square feet of aircraft apron area at the Marathon Airport; their lease expires March 31, 2010.
The lease term in the attached Lease Agreement commences April 1 , 2010 and ends on March 31,
2015.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on March 16,2005, the Board
approved a Lease Amendment with Mountain Air Cargo for use of an aircraft apron at the Florida
Keys Marathon Airport, extending the agreement until March 31, 2010.
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0.00 INDIRECT COST:
BUDGETED: Yes _No
N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
SOURCE OF FUNDS: N/ A
COST TO COUNTY:
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH:_ YEAR: $12,590.52+
(additional landing fees if exceed 5 landings per week)
APPROVED BY: County Atty. YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
CONTRACT SUMMARY
Contract with: Mountain Air Cargo, Inc. Contract
Effective April 1,2010
Expiration March 31, 2015
Date:
Contract Purpose/Description:
Lease agreement for aircraft apron area.
Contract Manager: Reggie Paros 6060 Marathon Airport/Stop 15
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on March 17,2010 Agenda Deadline: March 3, 2010
CONTRACT COSTS
Revenue
Total Dollar Value of Contract: $ Producing
Budgeted? YesD No D Account Codes: ~- J) +c/ I{/'.Fr
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
~t[
Changes
Needed
YesDNo~
YesD NoB"
YesD NoW
YesD NoD
Date Out
Division Director
Date In
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AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
Mountain Air Cargo, Inc.
THIS AGREEMENT is made and entered into on this day of , 2010, by
and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY" or "LESSOR" and MOI1NT AIN AIR CARGO, INC., hereinafter referred to as
"LESSEE".
WHEREAS, LESSOR owns an airport known as the Florida Keys Marathon Airport, located
in Marathon, Monroe County, Florida, hereinafter referred to as "Airport," and
WHEREAS, LESSEE is engaged in the business of air transportation of cargo, mail and other
property, and
WHEREAS, LESSEE desires to obtain certain rights, services and privileges in connection
with the use of the Airport facilities, and the LESSOR is willing to grant same to LESSEE on a non-
exclusive basis, upon the terms and conditions hereinafter stated, now, therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, LESSOR does hereby grant unto LESSEE, and LESSEE
hereby takes from the LESSOR, certain premises, facilities, rights, and privileges in connection with
and on the Airport, as follows, to wit:
1. Premises LESSOR does hereby lease to LESSEE, and LESSEE leases from the
LESSOR, 19,800 square feet of aircraft apron area, as indicated on the drawing labeled as Exhibit "A"
attached hereto and made a part hereof.
2. Use of the Airport LESSEE shall be entitled to use, in common with others
authorized to do so, the airport facilities and appurtenances, together with all equipment,
improvements, and services which have been or may hereafter be provided at or in connection with the
Airport for common use, in the operation of a business for the transportation of cargo, mail and other
property by air.
3. Term The term of this lease shall be five (5) years, commencing April 1,2010, and
ending on March 31,2015.
4. Fees and Chan?:es During the term of this lease, LESSEE shall pay to the LESSOR,
rent and landing fees as follows:
1) The amount of Twelve Thousand Five Hundred and Ninety Dollars and 52/100
($12,590.52), plus sales tax, annually for an area of nineteen thousand eight hundred (19,800) square
feet of aircraft apron area, and
2) Landing fees as specified in Paragraph 5 of this lease.
The lease amount agreed to herein will be adjusted annually, commencing on April 1, 20 I I, in
accordance with the percentage increase in the Consumer Price Index for urban consumers (CPI-U) for
the preceding calendar yi.:ar.
Rent It)r item] shall he paid in equal n1llnthly installmellts, eaeh of \\hich shall he due and
payahk on or hcfore the first day of each calendar month during which this lease is in effect. Landing
!LTc, shall he paid withill thirty days after the end of the month !<.)[" whIch they arc due. Upon the failure
of LESSf-E:. tu pay rent al1lLur ICes "hen due, the Lessor will he entitled to charge and col!cct. and
LLSSIT \\i11 he obligated to pay, a late fee of t\'iO percent (:~o'o) of any such amount, if paid within
thirty (30) days uf the date due, and fl\'e percent C:;o 0) of any such amount, not paid within thirty (30)
days of the date due. Such late fees \-nll be in addition to the amount of rent ancVor landing fees due.
The acceptance by the LESSOR of the overdue rent and or landing fees plus applicable late fees shall
cure what would otherwise constitute a dct~1ult by LESSEE under the terms of this lease. The
LESSOR, at its option, however, may refuse a proffered overdue ke and late fees, declare a default,
and proceed according to Paragraph 29 ot' this lease. In the event that any check, draft or negotiahle
instrument by which LESSEE has tendered any payment is retumed to the LESSOR and not honoreJ.
whether for insufficient funds or other reason, the LESSOR will be entitled to charge and collect, in
addition to any applicable late payment tees as provided above, a fee of Twenty-five Dollars ($25.00)
for such dishonored instrument. Such penalty fee :~hall also be in addition to the amount of fees due.
The acceptance by the LESSOR of the rent and, or landing fees plus any applicable late fee and
penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a
default under the tenns of this lease. The LESSOR, at its option, howcver, may refuse any proffered
fee payment and applicable latc fees and penalties, declare a default, and proceed according to
Parat,Tfaph 29 of this lease.
5. Landing Fees The apron rental fee includes five landings per week; however,
any landings over five per week shall be computed as follows:
$.96 per 1,000 pounds of approved maximum gross landing weight. A minimum landing fee of
$12.27 will be charged for all aircraft weighing less than 12,500 Ibs. gross landing weight.
LESSEE shall report to the LESSOR, not later than the loth day of each month, Lessee's Actual
Revenue Trip Arrivals at the Airport during the preceding calendar month, which shall include the
number and type of such arrivals. The number of arrivals so operated, multiplied by the applicable
approved maximum gross landing weights for each type of aircraft, shall determine the weight for
which the monthly payment shall be made.
The term "approved maximum gross landing weight" for any aircraft as used herein, shall be
the maximum gross landing weight approved by the Federal A viation Administration for landing such
aircraft at the Airport herein. LESSEE provides service to Marathon, Florida, utilizing a Cessna 208
Caravan. While this aircraft is owned by The Federal Express Corporation, it is leased to and operated
by LESSEE based in Denver, North Carolina. As such LESSEE is responsible for all the operating
expenses related to aircraft, including landing fees_ In thc event LESSEE is unable to satisfy its
obligations, Federal Express Corporation will assume the responsibility for ensuring all payments and
contractual agreements are maintained.
6. Common Areas LESSEE shall have the right to use, in common with others, the
Airport space and facilities to pennit landing, taking ofl loading, unloading and servicing of
LESSEE's aircraft, subject to reasonable rules and regulations of LESSOR as to the use of such
common spaces and faci I ities.
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7. Right of Ingress and Egress 1 ESSI. E, its agents. el11pl~)yecs. customers.
suppliers. and patrons shall h,1\e the right of ingress alld egress to and ii'llm the <lirpllI1 premises. \\hich
shall not be ul1reasllnably restridecl by l LSSOR.
8.
LESSOR.
Assignment
This ilgrccl11ent l11ilY not be assigncd \\it[wut the \\Titten consent ot' the
9. Insurance Requirements
U;SSEE will obtain or possess the following insurance coverages and will provide
Certificates of Insurance tll the LESSOR to verify such coverage;
(a) General Liabilitv. LESSEE shall provide coverage for all premises and operations
including Contractual, Products, and Completed Operations, Personal Injury Liability and
Expanded Definition of Property Damage. The limits shall not be less than;
$1,000,000 Combined Single Limits (CS L) or its equivalent
lfsplit limits are provided, the minimum limits acceptable shall be;
$1,000,000.00 per occurrence,
$500,000 per person,
$100,000 Property Damage
The General Aggregate limit shall either apply separately to this agreement or shall be
at least twice the required occurrence limits.
(b) Vehicle Liability. LESSEE shall provide coverage for all owned, non-owned and
hired vehicles with limits of not less than;
$ 1 ,000,000 CSL or its equivalent
If split limits are provided, the minimum limits acceptable shal! be;
$1,000,000 per occurrence
$500,000 per person
$100,000 Property Damage
(c) Professional Aviation Liabilitv. LESSEE will provide coverage for limits of not less
than $30,000,000.00 CSL, including passengers, or its equivalent.
(d) Worker's Compensation. LESSEE shall provide coverage with limits sufficient to
respond to the applicable state statutes.
(c) The Monroe County Board of County Commissioners will be included as "Additional
Insured" on a1\ policies, except for Worker's Compensation.
(f) All insurance policies must specify that they are not subject to cancellation, non-
renew'al, material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the COL',\jTY by the insurer.
(g) The acceptance and or approval of LESSEE insurance shall not be construed as
relieving LESSEE from any liability or obligation assumed under this agreement or imposed by law.
(h) LESSEE shall maintain the required insurance throughout the entire tenn of this
agreement and any extensions which may he entered into. The LESSOR, at its sole option, has the
right to request a certiried copy of any nnd all insurance poliei\.'\ required b.\ thl~ d!:~rcemcl1t. Failure to
3
cnmply \\ith the terms of this prO\jiion shall be cnnsidered a debult and the LESSOR may terminate
the agreement in accordance \\'ith paragraph 20.
(i) Non-Wai\cr of Immunity. \otwithstanding the pn1\iSlOn nf See. 7()~.2~, Florid;l
SlJtutes, the participation of LLSSOR and I I:SS 1:1-. in this agreement and the acquisition nf allY
commercial liability insurance coverage, self-insurunce coverage. nr lncal government liability
insurance ponl coverugc shall not be deemed a wai\'Cr of immunity to the extent of liability coverage,
nnr shall any contruct entered into by the LESSOR be required to contain any rrovision f()r waiver.
(j) Any deviations from these (ieneLd Insurance Requirements must be requested In
\\:riting nn the COUNTY prepared fonn entitled, "IZeyuest for Waiver of [nsurance Requirements" and
be approved by Monroe County Risk Management.
10. Books, Records and Documents LESS EE shall maintain all books, records, and
documents directly pertinent to perfonnance under thIS agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this agreement or their authorized
representatives shall have reasonable and timely access to such records of eaeh other party to this
agreement for public records purposes during the tenn of the agreement and for four (4) years
following the tennination of this agreement. The LLSSOR, acting through its Finance Director or other
authorized representative, shall have the right to inspect and audit LESSEE's books of accounts and
other records directly generated at the Florida Keys Marathon Airport facility or otherwise pertaining
to this agreement. Knowingly furnishing the LESSOR a false statement of its Actual Revenue Trip
Arrivals under the provision hereof will constitute a default by LESSEE of this agreement and the
LESSOR may, at its option, declare this lease tenninated. LESSE:E retains the right to have its
controller or a representative assigned by its controller to be present during any inspection or audit by
the LESSOR. Ten (10) business days notice must be given of intent to audit by the LESSOR to allow
LESSEE's controller sufficient time to schedule said presence. Nothing contained within this section
waives attorney/client or attorney work product privilege.
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 perfonned 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 LESSOR and
LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the tenns or
a tcnn 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. Severability Ifany term, covenant, condition or provision of this agreement (or the
application thcreof to any circumstance or person) shall bc declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining tenns, covenants, conditions and provision::;
of this agreement, shall not be affected thereby; and each remaining term, covenant, condition ancl
proviSIon of this agreement shall be valid and shall be entlJrceable to the fullest extent permitted by
law un\css 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 LESSOR
and LESS H~ agree to rcf(mn the agreement to replace any stricken provision with a valid provision
that comes as closc as possible to the intent of the stricken provision.
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13. Attorney's Fees and Costs The lFSSOR and LESSI.r: agree thJt in the e\ent any
cause of action or administrative proceeding is initiated or defended by any party rclati\e to the
enf\)reement or interpretation of this agreement, the pre\ailing party shall bc entitled to reasonable
attorne) 's tees, court costs, il1\Tstigative and out-nf-pneket expenses, as an <l\\ard against thc non-
pre\ailing party, am! shall inc!wk attorney's ICes, cnurt costs, ill\estigati\.e, i.ll1d out-nf'-pueket
e\.pcnses in appellate proeecdings. Mediation proceedings Initiated and conducted pursuant to this
agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and cLlstomary
procedures rcquired by the Circuit Court of Monroe County.
14. Binding Effect The terms, covenants. conditions, and provisions of this
agrcement shall bind and inure to the benefit of the LESSOR and LFSSEE and their respective legal
representatives, successors, and assigns.
15. Authority Each party represents and warrants to the other that the execution,
delivery and perf0n11anCe of this agreement have been duly authorized by all necessary COUNTY and
corporate action, as required by law.
16. Adiudication of Disputes or Disa2.reements The LESSOR 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 sessiun, 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.
17. Cooperation In the event any administrative or ]egal proceeding is instituted against
either party relating to the formation, execution, perfonnance, or breach of this agreement, the
LESSOR and LESSEE agree to paliieipate, 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 LESSOR 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.
18. Nondiscrimination The LESSOR and LESSEE agree that there will be no
discrimination against any person, and it is expressly understood that upon a dctennination by a court
of competent jurisdiction that LESSEE has discriminated against any person, this agreement
automatically tenninates without any further action on the part of any party, effective the date of the
Court order. The LESSEE agrees to comply with all Federa] and F]orida Statutes, and a]1 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 1S8-352) 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 LSC s. 794), which prohioits discrimination on the oasis
of handicaps; 4) The Age Discrimination Act of 1975; as amended (42 LSC 55. 6101-61(7) which
prohibits discrimination on the oasis of age; 5) The Drug Aouse 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-(16), as
amcnded, relating to nondiscrimination on the basis of alcohol abuse ()[ alcoholism: 7) The Public
Health Service Act of 191:2, ss. 523 ami 527 (42 l'Sl' ss. ()l)Odd-3 Llncl 2l)()ce-3), as aml:nded, relating
5
to contidentiality of alcohol and drug abuse patient records; S) Title VIII of the Ci\'il Rights Act of
Il)M~ (42 l:SC s, ct seq.), as amended. relating to nondiscrimination in the S~lle. rent:.!1 or tinancll1g of
housing: l)) The Americans with Disahilitles Act llC 1l)l)O (42 USC s. 1201 Note). CiS may be amended
fj'()m time to time. relating to nondiscrimination hased ofdisahility: 10) Secs. 13-IOL et seq.. Monroc
County Codc, rclating tll discrimination based on ('ace. color, sex, rdigion, disability, n;Jtional origin,
anccstry, scxual oricntation, gender Identify or e,xprcssion, familial status or age; [I) Any other
nondiscrimination provisions in any Federal or state statutcs \vhich may apply to the parties to, or the
subject matter ot: th is agreement.
19. Covcnant of No Intcrcst The [FSSOR and LESSLE covenant that neither
presently has any interest, and shall not acqum: any interest, which would conflict in any manner or-
degree with its perfonnance under this agreement and the only interest of each is to perfonn and
receive benefits as recited in this agreement.
20. Code of Ethics The LESSOR agrees that officers and employees of the LESSOR
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 acceptancc of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, confticting employment or contractual relationship; and disclosure or use of certain
information.
21. Public Access The LESSOR 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
LESSOR and LESSEE in conjunction with this agreement; and the LESSOR shall have the right to
unilaterally cancel this agreement upon violation of this provision by LESSEE. Nothing contained
within this section waives attorney/client or attorney work product privilege.
22. Privileges and Immunities All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and reliet~ disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the LESSOR, when perfonning their respective functions under this
agreement within the territorial limits of the County shall apply to the same degree and extent to the
perfonnance of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
23. 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 responsihility 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 LESSOR, except to the extent permitted by the Florida Constitution, State
Statute, and case law.
24. Non-Reliance by Non-Parties No person or entity shall he entitled to rely upon
the terms, or any of them, of this agrccmcnt to enh)ITe or attempt to enforce any third-party claim or
entitlement to or bcncfit of any scrvice or program contemplated hereundcr, and the LESSOR and
LESS! E agree that ncithcr the LESSOR nor LI:SSEE or any agcnt, ofticcr, or cmployee of eithcr shall
have the authority to inf(lrI11, counsel, or othcr\-visc illdiciltc that allY J1i.1rticulur inuiviuui.l] or group of
6
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.
25. Attestations LESSEE agrees to execute such documents as the LESSOR may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
26. 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 LESSOR in his or
her individual capacity, and no member, officer, agent or employee of LESSOR shall be liable
personally on this agreement or be subject to any personal liability or accountability by reason of the
execution of this agreement.
27. 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.
28. Section Headin2 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.
29. Default Unless the LESSOR has accepted a rental payment and/or landing fee
payment after it has become due together with any applicable late payments and penalties, the failure
to pay rent and/or landing fees 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 agreement 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 fifteen (15) days, after notice thereof is given to LESSEE in writing by the
LESSOR, shall also constitute a default under the tenns of this lease. In the event of a default,
LESSOR 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 LESSOR shall be entitled to reasonable fair market value attorney's fees.
30. Cancellation of A2reement LESSOR may cancel this agreement by giving LESSEE
sixty (60) days advanced written notice upon the happening of anyone of the following events: the
appointment of a receiver of LESSEE's assets; the divesting of LESSEE's leasehold estate by other
operation of law; the abandonment by LESSEE of its air cargo transportation business at the Airport
for a period of sixty (60) days. By the end of the sixty (60) day notice period, LESSEE shall have
vacated the premises and the LESSOR may immediately re-enter and take possession of the same. If it
is necessary to employ the services of an attorney in order to enforce the LESSOR'S rights under this
paragraph, the LESSOR shall be entitled to reasonable fair market value attorney's fees.
In the event FedEx ceases to operate out of the Marathon Airport, LESSEE may cancel
this agreement without penalty by giving LESSOR 60 days advance written notice.
31. FAA Requirements The parties shall comply with FAA Required Lease
Clauses, which are listed in Exhibit "B", attached hereto and made a part hereof.
32. AIRPORT SECURITY
a. General. The Federal Transportation Security Administration is the federal agency primarily
responsible for overseeing the securit y measures uti I i/cd by the airport owner pursuant to the relevant
7
prn\'iSInI1S of Chapter '+9. Lnited States Code. and ["egulations adopted under the authority of the Code.
including but not limited to .+9 lTR l.'i.+(). et seq. Violations of the statutes or regulations may result in
sevCI"e ci\ il monetary penalties being assessed against the airport operator. It is the intent of the airport
operator that the burdens and consequelKes of any security \'lolations Imposed upon the airport
operator as a result of actions by an airport tenant Ol' the airport !l:nant's employees, agents, il1\itccs, or
licensees shal I 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 \vith the airport operator to
conduct business on airport property. The term also includes an airport tenant as detined 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 ill this agreement, airport operator means Monroe
County. Florida, its elected and appointed ofticers, and its employees.
d. Airport Property Defined. Airport property shall mean the property owned or leased by, or
being lawfu] Iy used by, the airport operator for ci vi I 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 tu 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 confonn 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
1542.1 ] 3. 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 detennine 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
detcnnination and imposition of a civil penalty by TSA shall be considered a significant breach of this
agrecmen t.
(1) IVIinimum Violation. If the violation is the first or second violation attributed to the airpolt
tenant and is a civil penalty "minimum violation" as provided f()r in TSA's Ent(Jrcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs
incurred hy the airport operator, including any tines or penalties imposed, in investigating, defending,
mitigating, compromising, or taking of rcmedial measures as may be agreed to by TSA, to include but
not be limited to rcasonable attorney's fees and costs incuITed in the investigution, defense.
cOl11prumising. l11itigution, or taking of n:me(kd action nlca::;urcs. If the \io!ation is (.J third violation, or
8
there arc multiple \iolations in excess of t\\O \iolations. that is or arc a ci\il penalty "minimum
\iol~ltion." tile ai'11olt tenant shall pay to the airpurt uperator the total costs incurred hy the airport
operatur. Including any tines or penalties imposed. in Il1vl'stigating. defending, comprumising.
mitigating, or taking of remedial measures as may be agreed tu by! S,\, tu include hut not he limited
to IT<lsonablc atton1e! 's fees and costs incurred in the il1\ estigatiun, dclcn::>l'. compromising,
mitigatiun, or taking of remedial action measures: and. further, the airpOI1 operatur shall ha\'C the right
tu unilaterally cancel this agreemenl. \uch cancellation tu be eftcctive thirty (30) calendar days after
receipt hy the airport tenant of written notice of cancellation of this agreement by the airpol1 operator.
(2) !\Joderate Violation. If the violation is the first or second \'iolation attributed to the airport
tenant and is a civil penalty '"moderate violation" as provided f(Jr 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 tines or penalties imposcd, in investigating, dcfending,
compromising, mitigating, or taking of rcmedial mcasures 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 airpoI1 tenant may
cause all of airpoI1 tenant's employees involved in the airport tenant's business operations on the
airport propeI1y to undergo such security training as may be required by the airpOI1 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 airpOI1 tenant shall pay to the airpOI1 operator the total costs incurred by the airpOI1 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 airpOI1 operator shall have the right to unilaterally cancel
this Agreement, such cancellation to be effective thiI1y (30) calendar days after receipt by the airpOI1
tenant of written notice of cancellation of this agreement by the airpoI1 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 airpoI1 tenant may cure the breach by paying to the airport operator the total eosts incurred
by the airport operator, including any fines and penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be a!:,Tfeed 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 airpOI1 tenant's employees involved in the airport tenant's business operations on the
airpOI1 propeI1y to undergo such security training as may be required by the airpoI1 operator. The total
cost of the training shall be paid for by the airport tenant. r f the violation is a second violation, or there
are multiple violations, that is or are a civil penalty "maximum violation," the airpOI1 tenant shall pay
to the airpoI1 operator the total costs incurred by the airpoI1 operator, including any fines or penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as
may hc agrecd 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, thc airport orcrator shall have thc right to unilatcrally canccl this agreement. such canccllation
to be eiTecti vc thi rty (30) cal end ar days a tlcr recei pt by the ai rport tenant of wri ttcn notice 0 f
cancellation of this agreement by the ai rport operator.
(4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport
opcrator detects violations, promrtly discloses the violations to TSA, and takes prompt corrective
action to ensure that the same or' "lillilar violation" do not recur, Ihis policy IS known as the TSA
9
Voluntary Disclosure Program Policy. and is designed to encourage cl)mpliance with TSA regulations.
foster secure practices. anel encourage the dc\clopmcnt of internal e\ aluation programs. The aiqJllrt
tenant agrees that upon detecting a violation the airpol1 tenant will immediately report it to the airport
operator. Should the ISA ultimately determine that the \lolation \\'as committed by the air'pol.t tenant.
or In employee. agent. invitee. ur licensce 01' the airport tenant, but the viulatiun should result in the
issuance of a letter of correction in lieu of a ei\il pellalty, then the airport tenant shall reimburse the
airport operator the total costs incurred by the airport operator in invcstigating, 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 torce and effect.
33. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement, LESSEE shall defend,
indemnify and hold the LESSOR and the LESSOR's elected and appointed officers and employees
hannless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including,
without limitation, costs of remediation and costs of additional security measures that the Federal
A viation Administration, the Transportation Security Administration or any other governmental
agency requires by reason of, or in connection with a violation of any federal law or regulation,
attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity
of LESSEE or any of its employees, agents, contractors or other invitees on the Airport during the tenn
of this lease, (B) the ncgligence or willful misconduct of LESSEE or any of its employees, agents,
contractors or other invitees, or (C) LESSEE's default in respect of any of the obligations that it
undertakes under the terms of this lease, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the LESSOR or any of its employees, agents, contractors or invitees (other than LESSEE). Insofar
as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the tenn of this lease, this section will survive the expiration of the
tenn of this lease or any earlier tennination of this lease.
34. Rules and Regulations
A. COMPLIANCE. LESSEE shall comply with the Minimum Standards for Commercial
Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service Providers at Monroe
County Airports and all ordinances of the LESSOR, including any rcasonablc 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 specitically, without limiting the generality thcreot~ federal air and safety laws
and regulations and federal, state, and county environmental, hazardous waste and materials and
natural resources laws, regulations and permits. The Agreement is subordinate to the LESSOR's
obligations under federal aviation law and contractual commitments to the federal government. Upon
a fonnal written declaration by the Federal Aviation Administration ("FAA") that a term or provision
of the Agreement is inconsistent with federal a\iatiol1 law or a contractual commitmcnt to the FAA,
the impcnnissihle term shall he SC\ cred, without aCketing the remainder of the Agreement. Ihe
10
parties ma} agree to amend the Agrccmcnt as prll\ided herein as ncccssary to comply with thc F I\;\'s
fonnal \\Tlttcn dcclaration.
B. vlOJ..,\n(~NS lXSSEE agrecs to pay un hchalf of thc L,ESSSOR <Iny pcnalty,
a~"l'ssmcnt. or tine, issued against thc lESSOR, or to defend ill the namc of the LESSOR any claim,
JSSCSSI11CI1t. or civil action, which ma} he prcsented or initiated hy any agcncy or oftice of the federaL
stelte. or county govcrnments. based in whole or substantial part upon a claim or allegation that
L I:SSI'E, its agents, cmployees or invitecs have violated any law, ordinancc, regulation, rule or
directi\cs described in 34 (A) above.
35. Rights Reserved
reserved to the LESSOR.
Rights not specifically granted to LESSEE by this Agrcement are
36. Mutual Review This agreement has been carefully reviewed by LESSEE and the
LESSOR, therefore this agreement is not to be construed against either party on the basis of
authorship.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this.
q day
of
,2010.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
i)' I
'---../' ( ,y /7
. . .1 / ! /
_ /1&ae-j.L . ...:~;t--:,t(~:::.... '-~J...Jl()
- ) WjtJ~ss, Date
c;j~~ 3/zILb
Witness, Date
MOUNTAIN AIR CARGO, INC.
Ih
\--l.
v, \ ~l
'J I? I / "
Date
Io<./IU
Title '- "
i
11
DRUG-FREE \VORKPLACE FORM
The undersigned \ endor in accordancc with Florida Statute 2R7.0R7 hereby entities that:
,\ ' I
~'v\ l 't .,,-,-', V\ \..., J\; ':
(Name or Business)
~ "., ~.) (
-I
__l.~ ......... \
I. Publish a statement notifying employees that the unlawful manufacture. distribution, dispensing, possession, or use of a
controlled substance IS prohibited in the workplace and spccifying the actions thai will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the businL'ss'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 (I).
4. In the statement specified in subsection (I), 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 Statcs l1f any state. for a violation occurring in the workplace no later than five (5)
days after such conviction
5_ lmpose 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.
11. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this tirm complies fully with the above requirements.
I rj
i Y \ --, ~
11 " --~------ - - \
__ _)'1 ~ "-
Bidder's Signature
~t?.
\ ~
,.., ll/
Date
OMS - I\:]CI',"')
12
LOBBYING AND CONFLICT OF INTEREST CL\LSE
S\VORN STATEl\IENT l''iDER ORDINANCE NO. 010-1990
!\JONROE COl!NTY, FLORIDA
ETHICS CLAl'SE
\..i ,- . '_ C I) , V
,I
T--.' _
, .
wamlllts that he/it has not employed, retained
or otherwise had act on his/its behal f any fortner 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. ror breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County onicer or employee.
\ " '~--') \.-
< n;:;;;re)~ --1-
Date: :, 1.2. -l? CO L
STATE OF
~' . '-,'1. 1
___. ____\L~_\ .__'
(, I
l ~L.-~',- I '-~_
COUNTY OF _ __c::\.....!....~ , (-, .\.-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~ ~~j ~ who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this _~ t\c::l day of
- '~(o.- fc~_ --- -- - ' 20 __lll. , ,r;
~ ,ciJ~)
---NOCrARY~L1(' '-~
My .::ommisslon exrires: q /d() /11
orv1B - Me? FORM #4
13
Pl. RI ,Ie L,\TITY J'R l~U:_SJ \TfMI''\II
"A pel'sun or al"llliate \\hu has been placed un thc cun\icted \emlor list t~)!lo\\ing a cUI1\'iction t~n
public entity crime may not submit a bid on a contrdct to prO\ide un)' goods or services to a public
cntity" may not suomit a bid on a contract \-\.ith a public entity tcn the construction or repair of a public
building or public work. may not submit bids on leases of real property to public cntity, may not
be awarded or pcrfonn work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity. and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for C ATEGOR Y TWO fcn a period of 36 months from the date
of bcing placed on the convicted vendor list."
I have read the above and state that neither .~!~; --- .I~, _ .J:: ('L' (, . ~v..co.__ (Respondent' s name) nor
any Affiliate has been placed on the convicted vendor list. within the last 36 months.
.j -,~)
ItC,,_:'') :... ....1--
(Signature)
:~/~ ! ~_~_I (.
Date:
,. 'j
STA TE OF: ___ _~\ c ", _.{,
C..:..4:..;' '""t '~J_
COUNTY OF: ,,.j ; \\( /; 1-
Subscribe and sworn to-:r at1i~ed~;:: me on _.M<ifc.1..z,oW (0
by _ \)oL,:: ~rg _ (name nf affiant).@She is (date)
Cp~rsonally kn~o me or has produced _
as identification.
(type of identification)
~~~~
My Commission Expires:
qj 020111.
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EXHIBIT B
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 CldveJ:'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
Fed
';(
~amed Insured:
Federal Express Corporalion
, 3620 Hacks Cross Road, BUilding B, 3rd FI
MemphiS, Tennessee 38125
Certificate of Insu~ance-Nq:.. :~()~J~O~983- (
1___ I \;r t! J t ! ) I
Inl\ -:.t;'rtJflC.a~ I... L,..,uctd.ei;j mallcr pf ll1rIHm,_llnl 1~IY .1fId Lf1fcr\ 110 nght.-. Upl'tllhe c~rtifi..:.4e hl>kJer."1 f
Thl\ L"Crlltl":.tI.C Llli:'" not .ln~d. L'\tt.'11d pl" .lllt."r lhe..: )\t"f.lfe <u llfdl..'d by the P()hCI'-~ fl..,ted bdow. I I
Cancellation: Shpuld any nf the de'ot:rihed pullne... c~cdl ,lht: l,\"'l;~~~ wmpJlY wd Icrde.lVllr fl) rrf.iil .10 d:.ty
~"nllcll n. 1~ICt: \ll,lh~ hdow na.m.td (;I.:rtlfi-:.l!~ hOlde.lr lit I.lflll!" 10 m<u}~~. ,tl)lICe ,~q ln~(i.\l 1.~II~'.ltllln Dr II
11,tJ-dltYI)tdnyk.lndupnnlhecOfT1lany. ! . '-' l.UIU
Additional Insured: I :
MOUNTAIN AIR CARGO IS Included as addlh aI Insur~ respectS ilI1I'CeSSna206.aircraftp.....ned,
maintamed. or used by MOUNTAIN AIR CAR! on behan of Fe<:llraf~1<Ilres9CorporatJon ..1
:'oI.o\:'dE ..ND AooR/'SS Of CERllfK'.HE HOU>UI
Monroe County Risk Management
1100 Simonton Sf.
Surte 268
Key West, FL 33040
TVI'F. Of COVJ:JlAGE
A. AIRCRAFT LIABILITY
in respect of all aircraft owned,
leased, or operated by the Named
Insured, worldwide
B. .\IRCRAFT HULL INSlRANCE
in respect of all insured aircraft owned
or leased by the Named Insured,
worldwide
C. COMPREHENSIVE GENERAL
LIABILITY
in respect of all Ground Operations of
the Named Insured, including
Premises Operations, Contractual,
Products and Completed Operations.
D. COMPREHENSIVE At:TOMOBILE
LIABILITY
in respect of all Owned, Hired, and
Non-Owned Automobiles
E. EXCESS AIRCRAFT LIABILITY
in respect of all aircraft owned, leased
or operated by the Named Insured,
worldwide.
'0\.
Ll\llTS Of LIABn.m
PRO\lt'CKll
Aon Risk SelVices Southwest. Inc.
2711 N. Haskell Avenue, Suite 800
Dallas. Texas 75204
Contad: Michelle Pitt 214-989-??oo
INSUllAliCE CoMPANY AND!'oLK.-y Nt:MBEk
La Rellnton Aerienne Policy No.2009tt647
Various Insurers through Aon Group Umlted. Avlafion
Policy NoAM0900738
Subscribing members 01 fnShtute of London
Underwriters fO( percentages as on fife 'Nith Aon Group
Limited, Aviation, Subscribing InslIrance Companies fO(
percentages as on fife
WIth Aon Group Limited, Aviation
Arch Insurance Co. Policy No. 11 CFW7608500
Commerce & Industry Policy No. AV3395260-08
Star Indemnity & Liebillllty Company' Policy No.
SASICOMOOOO709
XL Specialty Insurance Companu POlicy No,
UAOOOOl149AV09A
Alllanz Global Risks US Insurence Company- Policy No.
A 1 ALOOOl36909AM
TIGER International Insurance, Ltd. Policy No.
TlG70109C2OS
$5,000,000
Excess of $25,000,000
7/t/2009-7/1/2010 Global Aerospace
Policy No. 28294CV09
Various Insurers through Aon Group Umited, Avlatfon
Policy No. AM0909201
Subscribing members of Institute of London
UndefWTiters for percentages as on fife
wtth Aon Group Limited, AvIation
Subscribing Insurance Companies for
percentages as on file
wrth Aon Group LImited, Aviation
ARCH Insurance Co. (Per Internatlonal-Aero) PoIfey No.
11CAA5464703
Starnetlnsurence Co. (Per Berkley Avielloo) Policy No.
BA09A1041S
Ne_el Union Fire Company of Pittsburgh PA Policy
No. HL 1853.210-06
National Marine & FIre Insurance Company Policy No.
92CVSt01722
XL Speclelty Insurence Co. (Per XL Aerospece)
Policy No. UAOOOOl150AV09A
Allianz GJobaI Risks US Insruance Company
Policy No. A1ALOOOt36809AM
T<nAl' IntlHnt>tir.nt>1 In'::",::lnrt> I trf
De'lCrlptlon OrOpel'1lllom:
RE: Caravan Operations
E..ach L)f the ,tlov!.: In\Url"rS, hldividually, h~ authnrized '\nn Risk Semce5 SOUlh'W'est. Ira::. to i~sue tlns, certiticute 00 its behalf. Ann Risk Services SUlJIhwe,..,t.. Ine. IS not a1
insurer.md h.lS no liJ.bility of any ..,ort Imder lhe dtxtVe policJe.\, nor <L'i a res.u1t of the issuaoce of this Cenific.lte. EJt;h 1)( the above Insurers is paniclpit!mg fIX" its. Iwm part
,md nOI: Ilfle for Ihe LJfber,
$25,000,000
Bodily Injury and Property
Damage Combined
w\
~ ~- (()
'(
Dale Issued:
4/5/2010
SEVERABiliTY LlARIIJTY :>IOTICE
fhe '1.v-iCnbing In..urer..,' nbli!!Jtillns tl:l1der (l"lfHra..'I..;; or in"'llT,flCt: 10 which lhey
'll~.nbe ,tre ,e\eraJ:md IHJtJltint .IM dft limIted ',(~Idy In the txtent Itith~r indi\loual
,ul'hcnpliIXls. Tt.e \ub'tt.1iblIl~ in~rer.., ,5l'~ not ft'""'plXl'lbk fnr me ,ubscrijXIIXlnf.J1lY
L(l..,ub-.<nb)n~ In'llrer ~ho fiX" .In] re.iSon dllot.-" 11(J( '<.ili..ay .tllllf" pdI1l)f it'inbligJlillO.
By:
The policy t. ,"hject to an F.lectrook Dale Recognition Exclusion and I1mJl<d
Write-Back Provisions.
J7W,~~
Peter McKenm
FECC 02b
Attachment to Certificate No. 2091509083
2b. ADDITIONAL INSURED
.As required by contract. but subject to the terms, conditions and exduslons 01 the policy, Monroe County Board of County Commissioners IS (are) Included as
addITional insured(s) as respects operations performed by or for the named insured.
3a. CANCELLATION NOTICE
'In the event the Insurance described on this certificate of insurance is cancelled, non-renewed or there is a reduction in coverage/material change v.fiich
eHects the interest 01 Monroe County Board 01 County Commissioners, or If thiS Insurance IS allowed to lapse for non-payment of premium, the Issuing
company win mail thirty (30) days prior wntten notice to Monroe County Board 01 County Commissioners .
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Airports
Bulk Item: Yes ..x No
Department: Florida Kevs Marathon Airport
Staff Contact: Reggie Paros - 289-6060
AGENDA ITEM WORDING: Approval of Eighth Amendment to Lease Agreement with Grantair
Service, Inc., Fixed Base Operator (FBO), at Florida Keys Marathon Airport
ITEM BACKGROUND: The sixth amendment dated September 25,2005 extended the original
term of the agreement with Grantair Service, Inc. by an additional 10 years provided that Grantair
constructed and obtained a certificate of occupancy for the new corporate hangar by April 9, 2008.
The hangar was completed by that date, but they were unable to obtain a CO until April 20, 2009, due
to South Florida Water Management District permitting issues. The attached Eighth Amendment to
Marathon Fixed Base Operator Agreement with Grantair Service extends the deadline to obtain the
certificate of occupancy from April 9, 2008 to April 21, 2009 for the original agreement to be extended
an additional 10 years, and terminate on April 9, 2028.
PREVIOUS RELEVANT BOCC ACTION: On March 11, 1998, Board approved execution of
Fixed Base Operation agreement with Grantair Service, Inc., pending final review by County Attorney.
Amendments to the original agreement were approved June 21,2001, September 19,2001, July 17,
2002, September 18,2002, March 17,2004, September 25,2005 and February 21,2007 to provide
Fixed Base Operations at the Florida Keys Marathon Airport.
CONTRACT/AGREEMENT CHANGES:
See Item Background
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes..x No
AMOUNT PER YEAR $51,000 per year (2009) for
entire leasehold, plus percentage of fuel flow
APPROVED BY: County Atty YES OMB/Purchasing N/A
Risk Management N/ A
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
EIGHTH AMENDME~T TO MARATHON FIXED BASE OPERATOR (FHO) AGHEE'IE~T
VlTI.!1 (;1\/\1\1'1\11\ \LR\'rCI , L\C.
TI lIS EIGHTH AMEN DMF.\ I' (hcr,-'in,db:r "AmL'ndmcnt") to the Marathon Fixed 88\C
Operator (FBO) agrl'cJ\lcnt (Ilcn::inatkr "dgn.':cmutl'") i" maJc aIld entered into this d;l~ (If
,2010, by and between MO'JR(Hc CUI~:-rlY, a political subdivisi\)J1 ofthe Stall' or
Florida (hereinafter "County"), and (iR ANTA IR SERVICE, E";C.. a corporation of the State of
Florida, (hereinafter "FBO" or "(jrantair").
wn :\! LSS ETH
WHEREAS, on the 10th day of April, 1998, the parties entered into the Agreement for a period
of twenty 20 years, which agreement was amended on June 21,2001, September 19,2001, July 17,
2002, September 18,2002, March 17,2004, September 28,2005 and February 21, 2007 to provide
Fixed Base Operations at the Marathon Airporl; <:lnd
WHEREAS, in the sixth amendment dated September 25, 2005 the parties agreed to extend the
original term by an additional 10 years provided that Grantair constructed a new corporate hangar; and
WHEREAS, the sixth amendment contained a prerequisite requirement that Grantair complete
construction and obtain and certificate of occupancy for the new corporate hangar by April 9, 2008 in
order to extend the lease by an additional ten years; dnd
WHEREAS, Grantair completed construction by April 9, 2008 but was unable to obtain a
certificate of occupancy until April 20, 2009 because of South Florida Water Management District
(SFWMD) permitting issues; and
WHEREAS, the County desires not to penalize Grantair for the delay resulting from the
SFWMD permitting procedures; and
WHEREAS, the parties desire to amend the date by which Grantair was required to obtain a
certificate of occupancy;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as f()llows:
1. Paragrarh 4) of the original lease is amended by adding the following subparagraphs;
a) The term of this agreement shall be extended an additional 10 years and tenninate on April
9, 2028 if Grantair completes construction and obtains a Certificate of Occupancy for an
11,800(approximately) square foot hangar prior to April 21, 2009.
b) If Grantair does not complete construction or does not obtain a Certificate of Occupancy by
April 21, 2009 the original term will remain in force and this lease sha1l terminate on April 9, 2018.
2. All other provisions of the April 10. 1998 original lease, September 28, 2005 sixth amendment
and Feoruary 21, 2007 seventh amcnOlllent not ineu!l,..,istent herewith, shall remain in full force and
effect.
p, \\Tl NLSS WHt J~ L UJ-, each party has cllLlsed this Amt'ndment to Lease Agrc,,-,ment to be
eXl'CUlcd hy Its duly authurized represcnl:1tn'c.
(SI-- ,-\1)
ATTEST: Di\'\J'\JY L. KULHAUl. CLERK
IH)ARD ()) COl:i\TY COMMlSSI():\!-JZS
ur ,\lONROE COUi\'TY, FLORIDA
By
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Deputy Clerk
Mayor/Chainnan
GRP,1\JTAIR SERVICES, INC.
By 11L~L~--(,'-C~ ~--
Titlt_ J::_.'::v-.,~~~_~_y:'._:v L~~1...
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ATTEST:
By
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2
SIXTH AMENDMENT TO MARATHON FIXED BASE OPERATOR CFBO) AGREEMENT
WITH GRANT AIR SERVICE, INe.
THIS SIXTH AMENDMENT (hereinafter "Amendment") to the Marathon Fixed Base
Operator (FBO) agreement (hereinafter "agreement") is made and entered into this 28th day of
September, 2005, by and between MONROE COUNTY, a political subdivision of the State of
Florida (hereinafter "County"), and GRANTAIR SERVICE, INC., a corporation ~ the StAte of;
Florida, (hereinafter "FBO" or "Grantair"). :: ;;;
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WITNESSETH ():" ~ I I . . i
c.r'. ... ,')
WHEREAS, on the 10th day of April, 1998, the parties entered into the Agree~tW iijr ~ri~
of twenty 20 years, which agreement was amended on June 21,2001, September 19~!, J~ 17,;
2002, September 18, 2002 and March 17, 2004 to provide Fixed Base Operations ~ th~;;Mf(.thQn
Airport; and .P Q~,
WHEREAS, the parties desire to extend the original term by an additional 10 years provided
that Grantair constructs a new corporate hangar; and
WHEREAS, pursuant to the Agreement, the County leased certain real property at the
Marathon Airport to Grantair and, pursuant to this amendment, leases additional property to Grantair,
all of which property is hereinafter called the "Leased Premises"; and
WHEREAS, Grantair desires to continue to lease the property described in the agreement and
this amendment;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
I. This amendment rescinds any and all prior amendments to the Agreement between the County
and Grantair in their entirety including those dated March 17, 2004, September 18, 2002, July 17,
2002, September 19, 2001, and June 21,2001.
2. Paragraph I) of the original lease is amended by adding the following paragraphs:
I. I) The County leases to the FBO an additional area of real property as described in exhibit
Ala, having the dimensions of 240' x lOS' and abutting the west side of the current leased area.
Exhibit Ala is attached and incorporated herein by reference. This 240' x 105' real property may be
used for the site of a County approved newly constructed 11,800(approximately) square foot corporate
hangar, aircraft tiedowns and aviation activity only.
The new 11,800 square foot corporate hangar and/or other improvements are to be built at the
sole cost and expense of the FBO, Any improvements, including the proposed new hangar, made by
the FBO to the Leased Premises automatically become the property of the County upon termination of
the Agreement with no compensation from the County to the FBO_
The rental payments by the FBO for the area described in exhibit Ala shall commence on April
1, 2005. Payment shall be based on the rate of Eleven and seven tenths cents ($.117) per square foot
per year, payable in advance, at Two Hundred Forty-five and 70/100 Dollars ($245.70) per month plus
applicable sales tax or Two Thousand Nine Hundred Forty-eight and 40/100 Dollars ($2948.40) per
year plus applicable sales tax, subject to increase in amount as provided by the formula in the
agreement in paragraph 3d.
1.2) The County leases to the FBO an additional area of real property having the dimensions
of 240' x 235' and abutting the west side of the current leased ramp area as described in Exhibit A2.
Exhibit A2 is attached and incorporated herein by reference. This 240' x 235' real property shall be
used for aircraft tiedown and taxiing only. Possession of the real property described in exhibit A2
begins on October 1, 2002 and ends pursuant to paragraph 4. The rent for this real property begins the
ftrst day the property receives a certiftcate of occupancy (CO). Payment shall be based on the rate of
Thirty-three and one tenth cents ($.331) per square foot per year. Rent is payable in advance in the
amount of One Thousand Five Hundred Fifty-six and 43/100 Dollars ($1,556.43) per month plus
applicable sales tax or Eighteen Thousand Six Hundred Seventy Seven and 16/100 Dollars
($18,677.16) per year plus applicable sales tax, subject to an increase in amount as provided by the
formula in paragraph 3d of the Agreement.
3. Paragraph 3) of the original lease is amended by revising the following subparagraph to read as
follows:
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 of Avgas fuel sold and a 6 cents per gallon
flowage fee for each gallon of Jet A fuel 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 FBO 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 (4) years following the termination of this agreement. The County, acting
through its Finance Director or other authorized representative, shall have the right to inspect and audit
the FBO' s books of accounts and other records directly generated at the Florida Keys Marathon
Airport facility or otherwise pertaining to this agreement. Knowingly furnishing the County a false
statement of its monthly fuel flowage under the provision hereof will constitute a default by the FBO
of this agreement and the County may, at its option, declare this lease terminated. The FBO retains the
right to have its controller or a representative assigned by its controller to be present during any
inspection or audit by the County. Ten (10) business days notice must be given of intent to audit by the
County to allow the FBO's controller sufficient time to schedule the audit.
4. Paragraph 3) of the original lease is amended by revising the following subparagraph to read as
follows:
d) Subject to the provisions of paragraph 3g) the rent will be adjusted annually on the
anniversary of the effective date of this agreement by the greater of the amount recommended in an
approved rates and charges study or by the percentage in increase in the CPI (U.S. Department of
Commerce price index for all urban consumers) during the year prior to the anniversary date.
5. Paragraph 3) of the original lease is amended by adding the following subparagraphs:
g) Beginning with the April 2018 monthly rental cycle, all improvements on the leasehold,
except for the newly constructed corporate hangar, shall be appraised at fair market rental rate. The
appraised fair market rental rate shall then become the rental rate for the leasehold. Thereafter, the rent
will be adjusted annually pursuant to paragraph 3d).
2
h) NONPAYMENT OF ANY PORTION OF THE RENT WILL BE DEEMED TO BE A
DEFAULT AND THE COUNTY MAY TERMINATE THE AGREEMENT PURSUANT TO
PARAGRAPH 19.
6. Paragraph 4) ofthe original lease is amended by adding the following subparagraphs;
a) The term of this agreement shall be extended an additional 10 years and terminate on April
9, 2028 if Grantair completes construction and obtains a Certificate of Occupancy for an
11,800(approximately) square foot hangar prior to April 9,2008.
b) If Grantair does not complete construction or does not obtain a Certificate of Occupancy by
April 9,2008 the original term will remain in force and this lease shall terminate on April 9,2018.
7. Paragraph 10) of the original lease is amended by revising the following paragraph to read as
follows:
10) Notwithstanding any minimum insurance requirements prescribed elsewhere in
this agreement, Grantair shall defend, indemnify and hold the County and the County's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action,
(ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any
costs or expenses (including, without limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the Transportation Security Administration or any
other governmental agency requires by reason of, or in connection with a violation of any federal law
or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Grantair or any of its employees, agents, contractors or other invitees during the
term of this lease, (B) the negligence or willful misconduct of Grant air or any of its employees, agents,
contractors or other invitees, or (C) Grantair's default in respect of any of the obligations that it
undertakes under the terms of this lease, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the County or any of its employees, agents, contractors or invitees (other than Grantair). Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this lease, this Section will survive the expiration of the
term of this lease or any earlier termination of this lease.
8. Paragraph 12) of the original lease is amended by revising the following subparagraph to read
as follows:
b) The FBO must keep in full force and effect the insurance described in Exhibit E during
the term of this agreement. If the insurance policies originally purchased which meet the requirements
of Exhibit E are cancelled, terminated or reduced in coverage then the FBO must immediately
substitute complying policies so that no gap in coverage occurs.
9. Paragraph 15) ofthe original lease is amended by revising the following subparagraph to read
as follows:
c) That the FBO shall use the premises in compliance 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
3
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 VITI 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. The FBO expressly understands that upon a determination
by a court of competent jurisdiction that the FBO 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.
10. Paragraph 20) of the original lease is amended by deleting subparagraph f) and the language
immediately following subparagraph f) in its entirety.
11. Paragraph 20) of the original lease is amended by adding the following language immediately
after subparagraph e):
The grounds for the FBO' s termination of this agreement as stated in subparagraphs
20(a)-(e) create no basis for any County liability to the FBO and cannot serve to create any obligation
on the part of the county to pay money to the FBO.
12. Paragraph 26) of the original lease is amended by revising the paragraph to read as follows:
26) a) 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 Grantair agree that venue will lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida.
b) The County and Grantair 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.
c) 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 Grantair 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.
4
d) The County and Grantair 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.
13. The original lease is amended by adding the following paragraphs:
31) Grantair has the right during the term hereof, at its own expense, at any time from time
to time, to install, maintain, operate, repair and replace any and all trade fixtures and other Airport
personal property useful from time to time in connection with its operation on the Airport, all of which
shall be and remain the property of Grantair and may be removed by Grantair prior to or within a
reasonable time after expiration of the term of this agreement~ provided, however, that Grantair shall
repair any damage to the premises caused by such removal. The failure to remove trade fixtures or
other personal property shall not constitute Grantair a hold over, but all such property not removed
within ten (10) days after Grantair receives a written demand for such removal shall be deemed
abandoned and thereupon shall become the sole property of the Airport.
32) 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.
33) The FBO and the 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.
34) The FBO and the County agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues
shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply
where a default has occurred under the provisions of this agreement.
35) 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 FBO and the
County 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 FBO and the County specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
36) The FBO and the 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 the only interest of each is to perform and receive benefits as recited in this
Agreement.
5
37) 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.
38) The County and the FBO warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
39) The County and the FBO 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 the FBO in
conjunction with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by the FBO.
40) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
County and the FBO 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.
41) 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.
42) 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.
43) No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
6
44) The FBO 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.
45) 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.
46) 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.
47) 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.
a) 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.
b) Airport Operator Defined. As used in this agreement, airport operator means Monroe
County, Florida, its elected and appointed officers, and its employees.
c) 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.
d) 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.
e) 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.
f) 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,
7
as may be amended and approved from time to time, shall be automatically incorporated into this
agreement.
g) 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
ofa 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,
8
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 ofthis 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) This subsection shall survive the cancellation or termination of this agreement, and shall
be in full force and effect.
14. All other provisions of the April 10, 1998 original lease, not inconsistent herewith, shall remain
in full force and effect.
IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be
executed By its dulya~thorized representative.
(SEAL) ..... .. ..1.
A'l:'TEST: D~:t. KOLHAGE, CLERK
,. .,'~f _/1
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\; /,,~:.:i:.;;>/
By ..o;~e;~ty ~am:tQ
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
L)~ >n ~
Mayor/Chairman
ATTEST:
GrAIR SER~CES, INC.
BY~_~
Title ~ \--4i!... s', J e ...s-;--
By
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SURVEYOR'S NOTES:
Narth orrt)w bosed on NAO 83 (1990) State Plane Coordinate System
Reference Bearing: NAO 8.3 (1990) State Plane Coordinate System
:J'denotas existing ele'<P.t1qq"
E1avations bosed an N:c. v:rr. 1929 Datum
Bench t.lark No.: '. Elevation:
Uonumentation:
A - set Spike or P.K. Nail, as noted .1.907 6:lelltroyed)
S - set 1/2- Iron pipe, P.LS. No. 2749
. D found 1/2- iron pipe
Abbrwtatloru:
S~. - Story o/n a Overhead
R W- RIght-of-Way u/ g :a Underground
f;1. - Found F.FL - Finish Floor E1evotion
p. - Plat cone.= concrete
m. - t.leasured
O.R. ~ OHleial Records Ii! ~ BaseHn"
S~. "" S.ction C.B. =a Concrete Block
Twp. "" Township C.B.S.=- Concrete Block stucco
Rge. "" Range coy' d.- Covered
N:T.S.- Not to Scale DE - Electrical Pull Box
( - Canterfine
E1sv. '" Elevation OE= Electrical Man Hole
B.M. :a Bench Mark
1996 Edition
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY -OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession ofthe property governed by this
lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to
include the perils of Flood and Wind) with limits no less than the Replacement Cost Value ofthe
property leased or rented. Coverage shall be maintained throughout the life ofthe LeaselRental
Agreement and include, as a minimum, liability coverage fur:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage 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.
Administration Instruction
#4709.3
30
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
po licies issued to satisfY the above requirements.
VL3
Administration Instruction
#4709.3
8S
1996 Edition
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life ofthe contract, Pollution
Liability Insurance which will respond to bodily injury, property damage, and environmental
damage caused by a pollution incident.
The minimum limits ofliability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
POL2
Administration Instruction
#4709.3
75
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 Contractor will be required to purchase and maintain,
throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance
naming the Monroe County Board of County Commissioners as Additional Insured.
The minimum limits of liability shall be $5 million.
FBO shall also purchase non-owned Aircraft Liability Insurance with minimum limits of$5 million
per occurrence.
HKL4
Administration Instruction
#4709.3
66
1996 Edition
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the providing of aerial services,
normally classified as uhra-hazardous activities, the Contractor shall purchase and maintain,
throughout the life ofthe contract, Aircraft Liability Insurance specifically stating that the policy
will respond to crop dusting, banner towing, air shows, aerial inspection. or aerial photography,
or any other activity specified in the contract.
The Monroe County Board of County Commissioners shall be named as Additional Insured.
The minimum limits ofliability shall be $5 million per occurrence,
AIR2
Administration Instruction
#4709.3
38
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
Ifthe Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC2
Administmtion Instruction
#4709.3
91
MARATHON FIXED BASE OPERATOR (FBO! 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 GRANTAIR Service. Inc., a corporation. whose address is 8800 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;
NOW. THEREFORE. the FBO and the County agree as follows:
1) The County leases to the FBO the real property shown on Exhibit A including the hangar
building, ramp. and tiedowns. hereafter collectively referred to as the premises. Exhibit A is attached
to and incorporated into this Agreement. Except as specifically provided in this Agreement. no
buildings. structures. or other improvements to real properly may be added to the premises by the
J.
FBO 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 pariies. Exhibit B is attached to and incorporated in this
Agreement. The County will indemnify and hold harmless the FBa from any claims of third parties to
the personal property listed in Exhibit B. The County will reimburse the FBa for any damages and
expense incurred in the defense of any third party claim to such personal property, including
reasonable attorneys' fees and expenses.
3) aj 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 FBa must pay to the County
$150.000 prior to occupancy of the premises. The FBO ma)' not occupy the premises until th e
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 $1.700 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 Count,' the fee due based on that number. The County's Marathon .A.irport
Manager. or his designee. must be allowed to inspect the FBO's records concerning fuel sales
to make sure the flowage fees paid accurate/v reflect the number of gallons sold, The
inspection(s) may onlV be during regular business hours (9:00 AM - 5:00 PM. Monday through
Friday. excluding holidavs).
d) The rent will be adjusted annually on the anniversary of the eHective 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 10 the
anniversary date.
e) 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 role 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.
fj 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
2
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.
.
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) aJ FBO has the right during the term(sJ 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 serviC"e. provide aircraft maintenance and
repair service. aircraft rental and chorter 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 park~d only in
the paved ramp area located within the premise's boundaries as described in Exhibit A. The
FBO specificall~' 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.
bl The County's permission is not required for the repair. renovation or rehabilitation of
improvements depicted on Exhibit A or for the fuel farm authorized by paragraph 8.
81 al 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, structure or other object as to height. due to the proximity of the landing and
takeoff areas of the Marathon Airport. The County warrants that all existing structures are in
compliance with the height restrictions in effect on the effective date of this Agreement. If
any such structures are not in compliance. the county will correct the same at its cost and
3
expense. 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 Ihe observance of such limilatians and restrictions whelher
imposed by the County. state or federal gavemmental authority will not in anywise affect the
FBO's obtigations under this tease. The FBO must also camply with all laws. statutes. regulations
and rules of Ihe federal or state governments. and any plans or pragrams developed by or
funded by either gavernment. that atfect the FBO's operations or its uSe at the premises. The
FBO's abligation to obey federal and state laws. statutes. regulations and rules. any federal or
state airport ptan or airport program criteria or the criteria of a plan or program funded by
the state of federal govemment. includes not only those in existence on the effective dale af
this Agreement. but those adopted after that date.
b} The FBO must construct a fuel farm on the premises within two ~fears of the date of
occupancy. Until the construction ;s complete, and until all governmental entities with
permiliing jUrisdiction oVer the fuet farm have authorized the operation of Ihe farm. the FBO
may sell fuel from fuel trucks on premises to the extent permitted by the Airport minimum .
standards. The FSO is permitted 10 finance Ihe construction of the fuel farm. However. during
,
Ihe periad of financing the fuel farm is deemed by the parties ta be a removable trade
fixture and no tien may be ptaced by Ihe seller upan Caunty airport property. This restriction
does not prohibil the filing of a UCC- I Financing statement for the purposes of the seller
securing a lien against the fuet farm ifself during the finanCing Period. Upon the payment of
all financing upon Ihe fuel farm. the fUel farm becomes a permanent imprOvement to real
propert)' which will remain upon the premises at the expiration of this Agreement.
c) With the exception Ihat the FBO construct a fuet farm as provided far in
subparagraph Bib). the FBO is not required to construct any new facililies upon the premises.
The minimum investment requirements far the prOviders of aeronautical services set forth in
the Airport Minimum Standards is deemed to be salisfied in full by the payments pravided far
under the terms of this Agreement.
4
dj The FBO must pay any penalty, assessment or fine of the federal or state
government imposed on the Cpunty 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 government
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.
9) 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 term(s) 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 ore
due the County. at the end of the term(s) 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 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 attomeys' fees and costs - that arise out of or are attributable to the FBO's operations at the
5
Mcrathon 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 or other Airport
- "~ ~
tenant of the County. The FBG's purchase of the insurance required in paragraph 12 and Exhibit 0
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) aJ Regardless of the effective date of this Agreement, before the FBa may occupy
the premises it must obtain insurance in the amounts, terms and conditions described in
Exhibit E. Exhibit E isattached and made a part of this ,A.greement.
b) The FBO must keep in full force and effect the insurance described in Exhibit E
during the term(s) of this Agreement. The FBa is not required to purchase windstorm or flood
insurance for any structure on the premises. If the insurance policies originally purchased
which meet the requirements of Exhibit E are canceled. terminated or reduced in coverage.
then the FBa must immediately substitute complying policies so that no gap in coverage
occurs.
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 FBa. 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 FBO from the Marathon Airport if the FBO 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.
6
13) The FBO may not cause, suffer or permit any lien. mortgage. security interest. financing
statement or other encumbrance tob,e placed on any real property. fixture or improvement to real
-"\'''''''
property 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. or to
property that will belong to the County upon termination. then the FBO must promptly cause the
discharge. release or otherwise clear and remove such encumbrances from that property.
J 4J oj 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 agenq' that has, or may have. jurisdiction over the Marathon Airport.
bl The County will provide. and maintain in an existing state of good repair. ingress
and egress to the premises for FBO employees. customers. guests. and suppliers.
J 5) 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
I,
aJ No person on the grounds of race. cotor. 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.
bl 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
7
of any of the above nondiscrimination covenants, the County shall have the right to
terminate the lease and to ;-~nter and as if said lease had never been made or issued. The
'"'\\~l
provisions shall not be effective until the procedures of Title 49. Code of federal Regulations.
F?art 2 J 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 FBG expressly agrees for itself. its successors
and assign. to restrict the hl!:?ight 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 FBG expressly agrees for itself. its successors and assigns. to prevent an~'
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 shaJl be given onl~' 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 may be needed by the FBO for service at the
Airport. the County is under no obligation to provide those facilities or services.
19) aj 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. jf the default is not cured within 15 days of the FBG's receipt
of the written notice. then the County will terminate this Agreement.
8
bl The County may treat the FBO in default and terminate this Agreement if the FBQ
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 no t
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 onl)'
provide the FBG 48 hour notice by FAX or overnight courier. The County may. but need not.
provide the FBO with an opportunity to cure the default.
dl The termination of this Agreement under subparagraphs 19(al-(cl does not relieve
the FBG from an obligation to pay whatever damage the County suffered because of the
FBO's default.
e) The County may also treat the FBO in default and terminate this Agreement if the
FBO 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.1 Before the County may terminate the Agreement under this subparagraph, the
County must give the FBG 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 FBO from an
obligation to pay the County whatever damages the County suffered because of the FBO's
default.
fl Despite the FBO timely cure of its acts of default or the County's waiver of acts of
default. jf the FBO commits a material breach three times or more in performing its obligations
under this Agreement during a calendar year. then the County may . in its discretion,
9
determine that the FBO is a habitual violator, When the County makes that determination, it
must notify the FBO in writing. Th~, notice must explain why the FBO 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 defaul t
occurs, the County may terminate this Agreement by giving the FBO 15 days written notice_
The FBO must pay the County whatever rent and fees are due as of the date of termination.
The FBO will then have no further rights under this Agreement. Termination under this
SUbparagraph does not relieve the FBO from an obligation to pay the County any damage
suffered because of the FBO's final act of default.
20) The FBG 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 an)' court of competent jurisdiction of an injunction in an)' wo)'
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 S,tates of the operation. control or use of the
Marathon Airport. or any part of the Airport, in a way that prevents the FBG from operating its
fixed base operation for a period of at least 90 days.
c) The inability of the FBG 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 enem)'.
d) The FAA's failure to grant the FBG the Iicense(s) necessary to operate its service.
e) A dispute maintained in good faith by the County with another governmental
agency 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.
f) The FBG hangar is destroyed and the County has not begun a good faith effort to
begin the repair or reconstruction of the hangar within 60 days of the date of destruction.
In
The grounds for the FBO's termination of this Agreement as stated in sUbparagraphs 20(a) _ (f)
create no basis for any Count~1 liability to the FSO and cannot serve to create any obligation on the
'~ '\\\...... ~
part of the County to pay money to the FSO.
21) The FSO may terminate this Agreement and treat the County in default if the Count)'
fails to perform its obligations under this Agreement and the failure is not due to the reasons
described in subparagraph 20(a)-(e). Before the FSO may terminate the Agreement under this
paragraph. the FBO 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 on obligation to pay the FBO
whatever damages the FSO suffered because of the County's default.
22) The waiver by the FSO or the County of on act or omission that constitutes 0 default of
an obligation under this Agreement does not waive another default of that or any other obligation.
23) The FSO 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. which
consent may not be unreasonably withheld.
24) All the obligalions of this Agreement will extend to and bind the legal representatives.
successors and assigns of the FSO 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 nome. title and
address.
26) This Agreement is governed by the lows of the State of Florida and the United States.
Venue for any dispute arising under this Agreement must be in Monroe County,FL. 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 FSO 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:
J 1
Marathon Airport Manager
9400 Overseas Highway
.. MqgJthon. FL 33050
Notices to the FBO provided for in this Agreement, unless otherwise specified, must be sent by
certified mail to:
GRANTAIR Service. Inc.
8800 Overseas Highway
Marathon. Florida 33050
29} This Agreement is the parties' final mutual un der>tonding. It replaces any earlier
agreements or under>tondings, whether written or oral. This Agreement cannot be modified or
replaced except by another written and signed agreement.
30) This Agreement will take effect on April J O. 1998.
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tN ,wITNESS WHEREOF, each party has caused this Agreement to b executed by its duly
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",\,' ATTEST: DANNY l. KOLHAGE. CLERK
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By
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ATTEST:
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12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Airports
Bulk Item: Yes X No
Department: Florida Keys Marathon Airport
Staff Contact Person: Reggie Paros/289-6002
AGENDA ITEM WORDING: Approval to accept highest bid for sale of surplus property from A
Nature's Sanctuary, Inc., for one (1) Vending Machine, in the amount of$50.00
ITEM BACKGROUND:
On February 18,2010, bids for the sale of surplus property were opened in the Purchasing Department.
One (1) Vending Machine was advertised for sale, with no minimum bid required. There were three
(3) qualified bids received for the vending machine, see attached Recap of Bid Opening. We are
requesting approval to award the bid for Item #21 Vending Machine to the highest bidder, A Nature's
Sanctuary, Inc., in the amount of $50.00.
PREVIOUS RELEVANT BOCC ACTION: At a previous meeting, the Board granted approval to
advertise for bids on surplus items.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval to award Item #21 to the highest bidder or to the next
acceptable highest bidder should high bidder fail to complete transaction after reasonable notification
and time limits.
TOT AL COST: N/ A INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No
TOTAL AMOUNT $ 50.00
APPROVED BY: County Atty N/ A OMB/Purchasing N/ A Risk Management N/ A
DOCUMENTATION:
Included X Not Required_
DISPOSITION:
AGENDA ITEM #
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Airports
Bulk Item: Yes X
No
Department: Florida Keys Marathon Airport
Staff Contact Person: Reggie Paros/ 289-6060
AGENDA ITEM WORDING: Approval of Amendment to Lease Agreement with Antique Aircraft
Restoration, Inc. for an additional parcel of property to provide for employee and customer parking
ITEM BACKGROUND: Antique Aircraft Restoration, Inc. currently leases the old Mosquito
Control hangar facility and parcel of land at the Florida Keys Marathon Airport, and has requested to
lease an additional parcel adjacent to their leasehold for parking. The attached Amendment to Lease
Agreement with Antique Aircraft Restoration is for an additional 3,520 square feet east of the current
leasehold to be used for employee and customer parking only.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on September 17, 2008, the Board
granted approval to waive irregularity, to award RFP to, and to negotiate a Lease Agreement with
Antique Aircraft Restoration regarding the RFP for development of new aviation related services at the
Florida Keys Marathon Airport. On October 15, 2008, Board approved to rent the hangar to Antique
Aircraft Restoration, Inc. on a month to month interim basis at $3,500 per month, retroactive to date of
occupancy, pending preparation of a formal lease agreement. On June 17, 2009, Board approved
Lease Agreement with Antique Aircraft Restoration to rent old Mosquito Control hangar and facilities,
at $3,500 per month.
CONTRACT/AGREEMENT CHANGES: This amendment leases an additional 176' x 20' parcel
east of current leasehold for employee and customer parking, increases the monthly rent and includes
Exhibit Al to reflect the additional parcel.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
Additional
AMT MONTH $111.47 Year $1,337.60
plus tax
REVENUE PRODUCING: Yes X No
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION:
Included ~
Not Required _
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Antique Aircraft Contract # -
Restoration, Inc. Effective Date: April 1,2010
Expiration Date: June 16,2016
Contract Purpose/Description:
Amendment to lease agreement for additional parcel of land at Florida Keys Marathon
Aimort for emolovee and customer oarking
Contract Manager: Reggie Paras 6060 Marathon Airport/Stop 15
(N ame) (Ext. ) (Department/Stop #)
for BOCC meeting on April 21, 2010 Agenda Deadline: April 6,2010
CONTRACT COSTS
Revenue
Total Dollar Value of Contract: $ $1,337 yr
Budgeted? YesD No D Account Codes: -_ __
N/A
Grant: $
County Match: $
Current Year Portion: $
Revenue
$669.00
- - -
-----
- -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
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AMENDMENT TO LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ANTIQUE AIRCRAFT RESTORATION
THIS AMENDMENT is made and entered into this day of ,2010,
by and between MONROE COlJ~TY, hereinafter County, and TONY D'AIUTO d b/a ANTIQCE
AIRCRAFT RESTORATION, hereinafter Antique Aircraft Restoration, Lessee or Tenant.
WHEREAS, on the 17th day of June, 2009, the parties entered into a seven (7) year lease, to
allow Lessee to lease a hangar facility situated on a parcel ofland approximately 34,980 square feet, in
order to provide aircraft, engine, propeller and accessory maintenance, air charter, flight training, air
tour services, avionics and instrument repair services as described in subsections (VI. 0.1.), (VI. A.),
(VI. B.) and (VI. E.) of the County's Minimum Standards, and
WHEREAS, the Lessee has requested to lease an additional parcel adjacent to their leasehold to
provide for employee and customer parking; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree
to amend the original lease as follows:
1.
paragraph:
Paragraph 1. Premises. of the original agreement is amended by adding the following
1.1) The County leases to Antique Aircraft Restoration an additional 3,520 square feet
of real property as described in Exhibit AI, having the dimensions of 176' x 20' east of the current
leasehold. The 176' x 20' real property may be used for employee and customer parking only.
2. Paragraph 3. Rent. of the original agreement is amended by adding the following paragraph:
The rental payment by Antique Aircraft Restoration for the area described in Exhibit A I shaH
commence on April 1,2010. Payment shall be based on the rate of Thirty-eight cents ($.38) per square
foot per year. Rent is payable in advance, at $111.47 per month plus applicable sales tax or $1,337.60
per year plus applicable sales tax, subject to an increase in amount as provided by the formula in
paragraph 3 b of the Agreement.
3. Paragraph 5. Leasehold Improvements and Use. of the original agreement is amended to
read:
ANTIQUE AIR shall have the right to occupy the premises as described in Exhibit A
and Exhibit AI.
4. Except as set forth in the amendment to the original lease agreement dated June 17,
2009, in all other respects the terms and conditions of the original agreement remain in full force
and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: DANNY L, KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
A TTEST: ~ ;>
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TONY D'AIUTO d/b/a
Antique Aircraft Restorations
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LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ANTIQUE AIRCRAFT RESTORATION
THIS CONTRACT OF LEASE is made and entered into this 17th day of
June, 2009, by and between MONROE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY" and ANTIQUE AIRCRAFT RESTORATION,
INC., d/b/a Antique Air, hereinafter referred to as "ANTIQUE AIRCRAFT" or "Lessee".
WHEREAS, COUNTY owns a hangar facility, commonly referred to as the "Mosquito
Control Hangar" at the Florida Keys Marathon Airport; and
WHEREAS, COUNTY owns the Florida Keys Marathon Airport, located in Marathon,
Monroe County, Florida, hereinafter referred to as "Airport"; now, therefore
IN CON SID ERA TION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto
ANTIQUE AIRCRAFT, and ANTIQUE AIRCRAFT does hereby lease from COUNTY, certain
premises, rights and privileges as follows, to wit:
1. Premises. The COUNTY does hereby lease to ANTIQUE AIRCRAFT, and
ANTIQUE AIRCRAFT leases from the COUNTY, a hanger facility approximately 13.100
square feet situated upon a parcel of land approximately 34,980 square feet located at the Florida
Keys Marathon Airport, hereafter the premises, as described in Exhibit "A" attached hereto and
incorporated herein. Any improvements made by the ANTIQUE AIRCRAFT to the premises
automatically become the property of the County upon the termination of this lease.
2. Commercial Aviation Use and Privilel!es. ANTIQUE AIRCRAFT shall have
the non-exclusive right in connection with its use of the leased premises and subject to the
conditions provided in this lease Agreement and/or contained in the Revised Minimum Standards
for Commercial Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service
Providers at Monroe County Airports (Minimum Standards), as amended from time to time, to
engage in the following commercial aviation activities:
The Lessee may only use the premises for aircraft, engine, propeller and accessory
maintenance, air charter, flight training, air tour services, avionics and instrument repair services
as described in subsections (VI. D. 1.), (VI. A.), (VI. B.) and (VI. E.) of the County's Minimum
Standards, a copy of which is attached to this lease and made a part hereof. No additional
services may be performed by the Lessee without the consent of the Monroe County Board of
County Commissioners. The Lessee acknowledges that all applicable provisions ofthe County's
Minimum Standards are binding on the Lessee.
2. Term. The term of the lease is for seven (7) years beginning on the effective date of
this lease agreement. Upon the termination of this lease, either under this paragraph or as
provided elsewhere in this lease, ANTIQUE AIRCRAFT must peacefully surrender the
premises, all structures and improvements to the COUNTY,
3. Rent. The rent for the premises is $3,500.00 per month or $42,000.00 per year, plus
applicable sales tax, with the monthly rent 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
pnor year,
If at any time during the term of this lease, the leased premises are converted to a non-
aeronautical use, the COUNTY shall have the right to immediately enter on to the property for
purposes of obtaining an appraisal to determine fair market value and the rent for the premises
shall immediately be set at the new rate,
In addition to the rent for the premises the LESSEE shall remit, along with the monthly
rental payment, insurance coverage reimbursements payments pursuant to paragraph 13A.
4. Termination. This Agreement may be terminated at the discretion of the COUNTY
in the following circumstances:
a) ANTIQUE AIR fails to pay the rent when due;
b) ANTIQUE AIR fails to obtain the insurance required under this lease or
allows the required insurance coverage to lapse or fall below the minimum
required;
c) ANTIQUE AIR otherwise breaches the terms of this lease.
Unless the COUNTY has accepted in writing a delay in performance of duties, the failure
to perform said duties shall constitute a default under the terms of this agreement. In the case of
defaulVbreach, the County's Director of Airports shall first give ANTIQUE AIR a written
notification stating the defaultlbreach and ANTIQUE AIR has 10 days to correct the
defaulVbreach. If ANTIQUE AIR has not commenced correction of the default/breach at the end
of the 10 days, then the COUNTY may terminate the lease in its discretion. If it shall be
necessary to employ the services of an attorney in order to enforce its rights under this
Agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in
any particular month shall not bind the COUNTY to forego the provisions of this paragraph and
any subsequent default shall be grounds for termination,
If the LESSEE is not in default of any of its obligations under the terms of this lease, the
LESSEE may terminate this agreement, at its discretion, upon 15 days written notice to the
County if;
d) the leased premises are destroyed or;
e) the leased premises are damaged to the extent the premises can not be used for
the purposes intended by this agreement by an occurrence covered under the
County maintained All Risk Property Insurance AND the County has not begun a
good faith effort to repair or reconstruct the leased premises within 60 days of the
date of the occurrence. The grounds for the LESSEE's termination of this
agreement in the event of an occurrence described in subparagraph 4d and 4e
create no basis for any County liability whatsoever to the LESSEE and shall not
serve to create any obligation whatsoever on the part of the County to pay any
monies to the LESSEE.
5. Leasehold Imorovements and Use. ANTIQUE AIR shall have the right to occupy
the premises as described in Exhibit "A",
6. Rie:ht of Ine:ress and Ee:ress. ANTIQUE AIR, its agents, employees, customers,
suppliers, and patrons shall have the right of ingress and egress to and from the leased premises,
which shall not be unreasonably restricted by COUNTY,
2
7. Utilities. ANTIQUE AIR is responsible for all telecommunications, electrical, sewer,
water and solid waste collection service for the premises.
8. Assie:nment. The premises leased hereunder along with the improvements thereon
may not be sublet without written consent of the COUNTY, The premises leased hereunder
along with the improvements thereon and this lease may not be assigned without the written
consent of the COUNTY.
9. Maintenance of Premises. During the term of this lease, ANTIQUE AIRCRAFT is
responsible for all maintenance and repairs, including major repairs such as structural work and
roof replacement and replacement of the building if destroyed. All repairs and replacement must
be of the same or better quality as the original work and conform to all applicable building codes.
ANTIQUE AIRCRAFT 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.
10. Rie:hts of County. The COUNTY shall have the absolute right, without
limitation, to repair, reconstruct, alter or add to any structure and facilities at the Airport, or to
construct new facilities at the Airport. The COUNTY shall, in the exercise of such right, be free
from any and all liability to ANTIQUE AIRCRAFT for business damages occasioned during the
making of such repairs, alterations and additions, except those occasioned by the sole act of
negligence of the COUNTY, its employees or agents,
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 the
existing facility(if owned by the County), structure(if owned by the County), perimeter security
fence, underground and overhead wires, pipes, drains, cables and conduits now located on, under
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
ANTIQUE AIRCRAFT and, provided further, that the entire cost of such work, as a result of the
exercise by the COUNTY of its rights hereunder shall be borne by the COUNTY.
11. RIGHTS RESERVED. Rights not specifically granted to ANTIQUE
AIRCRAFT by this Agreement are reserved to the COUNTY
12. Indemnification/Hold Harmless. Notwithstanding any mInImum msurance
requirements prescribed elsewhere in this agreement, ANTIQUE AIRCRAFT shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any
costs or expenses (including, without limitation, costs of remediation and costs of additional
security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason ot~ or in connection with a
violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and
3
penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified
party by reason of, or in connection with, (A) any activity of ANTIQUE AIRCRAFT or any of
its employees, agents, contractors or other invitees on the Airport during the term of this
AGREEMENT, (B) the negligence or willful misconduct of ANTIQUE AIRCRAFT or any of its
employees, agents, contractors or other invitees, or (C) ANTIQUE AIRCRAFT's default in
respect of any of the obligations that it undertakes under the terms of this lease, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from
the intentional or sole negligent acts or omissions of the COUNTY or any of its employees,
agents, contractors or invitees (other than ANTIQUE AIRCRAFT). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this lease, this section will survive the expiration of
the term of this lease or any earlier termination of this lease.
13. Insurance Reauirements. ANTIQUE AIRCRAFT shall provide, to the COUNTY,
as satisfactory evidence of the required insurance, either
· Certificate of Insurance or a Certified copy of the actual insurance policy,
The COUNTY, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
The acceptance and/or approval of ANTIQUE AIRCRAFT's insurance shall not
be construed as relieving ANTIQUE AIRCRAFT from any liability or obligation
assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
In addition, the County will be named as an Additional Insured on all policies
covering County-owned property.
ANTIQUE AIRCRAFT will obtain or possess the following insurance coverage
and will provide Certificates of Insurance to County to verify such coverage.
Any deviations from the following Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be
approved by Monroe County Risk Management. In the event a waiver is granted and the leased
premises are damaged due to a wind or flood event, Lessee shall be responsible for twelve and
one half percent (12.5%) of the cost of repair or reconstruction if FEMA funding is awarded for
repair or reconstruction of the leased premises.
A. All Risk Property Insurance Reauirements: The County shall maintain All Risk
Property Insurance Coverage, at LESSEE's expense, on the leased premises due to the
unavailability to the LESSEE of All Risk Property Insurance with wind and flood coverage at a
reasonable cost. Coverage shall be maintained by the County throughout the life of the
Lease/Rental Agreement and include, as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
LESSEE shall reimburse the County for the pro-rata share of the All Risk Property insurance
coverage. Such coverage shall be due and payable beginning on the first day of each month
along with the rent. All insurance reimbursement payments are due at the Airports Business
Office, 3491 S. Roosevelt Blvd., Key West, FL 33040. The pro-rata insurance share for the
initial year is $208.67 per month or $2,504 per year. Following the initial year, the pro-rata
insurance share shall be subject to annual adjustments.
4
B. Airoort Liabilitv and Hane:arkeeoers Lee:al Liabilitv Insurance Requirement:
Recognizing that the work governed by this contract may involve the repair, servicing,
maintenance, fueling, or storage of aircraft, ANTIQUE AIRCRAFT 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 $1 million.
C. Workers Comoensation - ANTIQUE AIRCRAFT shall obtain Worker's
Compensation Insurance with limits sufficient to respond to Florida Statute 440,
D, Emplover's Liabilitv - $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, Each Employee
ANTIQUE AIRCRAFT shall maintain the required insurance throughout the entire term
of this lease and any extensions which may be entered into. The COUNTY, at its sole option,
has the right to request a certified copy of any and all insurance policies required by this lease.
Failure to comply with this provision shall be considered a default and the COUNTY may
terminate the lease in accordance with Paragraph 4.
14. Books. Records and Documents. ANTIQUE AIRCRAFT 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.
15. Rules and Ree:ulations
A. COMPLIANCE. ANTIQUE AIRCRAFT 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.
B. VIOLATIONS. ANTIQUE AIRCRAFT 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 ANTIQUE AIRCRAFT, its agents, employees or invitees have
violated any law, ordinance, regulation, rule or directives described in 15(A) above.
16. Governine: Law. Venue. Interoretation: 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 ANTIQUE AIRCRAFT
agree that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
5
The COUNTY and ANTIQUE AIRCRAFT 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.
17. Entire Ae:reement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are not other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby, Any amendment to this Agreement shall be in writing, approved by the
Board of County Commissioners, and signed by both parties before it becomes effective.
18. 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 ANTIQUE AIRCRAFT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
19. Attornev's Fees and Costs. The COUNTY and ANTIQUE AIRCRAFT agree
that in the event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. 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.
20. Bindine: Effect. The terms, covenants, conditions, and proVIsIons of this
Agreement shall bind and inure to the benefit of the COUNTY and ANTIQUE AIRCRAFT and
their respective legal representatives, successors, and assigns.
21. 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.
22. Claims for Federal or State Aid, ANTIQUE AIRCRAFT and COUNTY agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
23. Adiudication of Disputes or Disae:reements, COUNTY and ANTIQUE
AIRCRAFT agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be discussed
at a public meeting of the Board of County Commissioners. If the issue or issues arc still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
6
24. CooDeration. 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 ANTIQUE AIRCRAFT 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 ANTIQUE AIRCRAFT specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
25. Nondiscrimination. COUNTY and ANTIQUE AIRCRAFT 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. ANTIQUE AIRCRAFT 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: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss, 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
26. Covenant of No Interest. COUNTY and ANTIQUE AIRCRAFT covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
27. Code of Ethics. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida 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.
28. No Solicitation/Pavment. The COUNTY and ANTIQUE AIRCRAFT 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
7
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, ANTIQUE AIRCRAFT 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.
29. Public Access. The COUNTY and ANTIQUE AIRCRAFT shall allow and
permit reasonable access to, and inspection ot~ 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 ANTIQUE AIRCRAFT in conjunction with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon
violation of this provision by ANTIQUE AIRCRAFT.
30. Non-Waiver of Immunity. Notwithstanding he proVIsIons of Sec, 286.28,
Florida Statutes, the participation of the COUNTY and ANTIQUE AIRCRAFT in this
Agreement and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY
be required to contain any provision for waiver.
31. Privilee: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.
32. Lee:al Oblie: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.
33. 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 ANTIQUE ARICRAFT agree that neither the COUNTY nor ANTIQUE
AIRCRAFT 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.
34. Attestations. ANTIQUE AIRCRAFT 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.
8
35. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
36. Personal ProDertv. Any personal property of ANTIQUE AIRCRAFT, its
agents, assigns, or invitees placed in the premises of the Airport shall be at the sole risk of the
ANTIQUE AIRCRAFT or owners thereof, and the COUNTY shall not be liable for any loss or
damage.
37. Federal Subordination. This Agreement shall be subordinate to the provisions
of any existing or future agreement between the COUNTY and the United States of America
relative to the operation and maintenance of the Airport, the execution of which has been or may
be required as a condition precedent to the expenditure of federal funds for the development of
the Airport. All provisions of this AGREEMENT shall be subordinate to the right of the United
States of America.
38. Execution in CounterDarts. 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.
39. Section HeadiDl!s. 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.
40. Cancellation of Ae:reement. COUNTY may cancel this lease agreement by giving
ANTIQUE AIRCRAFT sixty (60) days advanced written notice upon the happening of any of
the following events: the appointment of a receiver of ANTIQUE AIRCRAFT's assets; the
divesting of ANTIQUE AIRCRAFT's leasehold estate by other operation of law; the
abandonment by ANTIQUE AIRCRAFT of its operations at the premises for a period of sixty
(60) days. By the end of the sixty (60) day notice period, ANTIQUE AIRCRAFT shall have
vacated the premises and the COUNTY may immediately re-enter and take possession of same.
If it is necessary to employ the services of an attorney in order to enforce the COUNTY's rights
under this paragraph, the COUNTY shall be entitled to reasonable attorney's fees.
41. Mutual Review. This agreement has been carefully reviewed by ANTIQUE
AIRCRAFT and the COUNTY, therefore this agreement is not to be construed against either
party on the basis of authorship.
42. FAA Requirements. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit "B", attached hereto and made a part hereof.
9
th.~~WITNES.s:-wHEREOF, the parties have caused this lease to be executed this
/1 <Wiyof ,---1 lkrvt-. ,2009.
(SEA4J'
"A TtEST:p~~ L. KOLHAGE, CLERK
BY~~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/J-.~~. ~~,~
By
Mayor/Chairperson
ANTIQUE AIRCRAFT, INC.
:~leL::of:/~~
I
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10
PUBLIC ENTIn' CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither
(Respondent's name) nor any Affiliate has been placed on the convicted vendor list
within the last 36 months.
~
(S~re)
Date: ~ -/~- 'I
STATE OF: rIot j J "-
COUNTY OF: H"I/ ro e
Subscribe and sworn to (or affirmed) before me on C, 1/5/0 ,
(date) by
1011'1
DG\:v1C1
(name of affiant). He/She is
personally known to me or has produced
Ur1ur- ).,(,?,?S
(type of identification) as identification.
~
-
. -....mo.
t1 ~ NoIIry Public . State 0' Florida
\~ yj My Comm. fxplrts Noy 11. 2012
4 ~",.n.~" Commission" 00 .31711I ·
.....1... 80IIlIed ThrougII tlIIlonaI Not., AaaIl.
- --
11
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
I on, O~, ,A-"
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990, For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
/-..-
/' (signature)
Date: t, - I? - 9
STATE OF Flurl d",,-
COUNTY OF Men r 0 f"
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
T ()n'!
Dc..'V+O
who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this } <)
day of
-:SVne ,200 "J .
~h
~ARYP~
My commission expires:
-
OMB - MCP FORM #4
.- MARY 8ROStEFON
t Notary Pullllc . StItt of Florida
· . My COIIIIII. &,..,.. Nof 11, 2012
t COIIIIIlaataa # DO 131'.
....... "'""" ........ ..., _.
]2
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance \vith Florida Statute 287.087 hereby certifies that:
----..~ QvE_IiL1z.l~lGttec__R~~_~;_
(Name of Business)
I. 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 v iolations of such prohibition.
2. Infonn 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 (I).
4. In the statement specified in subsection (I), 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 tenns 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 the statement, I certify that this finn complies fully with the above
requirements.
~-15--1
Date
--.........--
-
-
. MARYGROSTEFON
NoIIty PuIlIIc . S.... of FIofNa
.. ..., Comm. &,.,....ov 11, 2012
Commlllion " DD 8387.
t .....1IIratIlIIt fIIIioaIINatary AIM.
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DEe 23 1993
AIRPORTS I OMS
EXfITBIT B
FAA RBQUDlED LDSI CLAvsa
1. This lease shall ~. sUbject to review and re-evaluatian
at the end ot each year periad, by the airport
nwnAr and the rent may ba adj usted accorcUnq to their
aC't:ion, not. roO axe.ad the Con.Wler Price Inc:lex rate
durinq ~. last _' 1IUJnt:h period, or;
Land ~e.. ~OVInUIn1:. will be "PP1'"aiaed every! year.
.nel thll adjuci:.d ren't:al vill be baaed an narmally 10"'12
parcant: of appzo.ilJed valua. If clJ.sputad, 1_80'-
Q~~1na appraiaal .~ hLa axp8n.a an4 l".~/l.....
equally ahlU:'a exp.n.. fazo review appZ'aiaal that:
..1:Gbli.h.. fair 1Mrket: vAlue.
z. The tenant tar himael.r, hi. personal repr..cntat:!va8,
aUCClltlSQrs in inter~'t, and t.a..ivna, u . p~ of tha
consil2erat.1on hereot:, .Joe. hereby c:ovencmt and agr.e
that (1) no person an the Vruwnla or z=ace, calor, = ..
national or1;1n sha11 l:J8 1IXC1ud.d trua p.arUc:!pa1;iaft
1n, c1erJ1ec2 the baner1b ot, or be o1:henrl.. sUbjeet:ecI
to discriminat10n in ~ u.. ot s.14 taailitl.., ca)
that: 11't the construc:t.1on of any 1mprova8n" Oft, over
or under such land and the turn1Sh1nq OJ: servic..
thereon, \ no person on the ground. of race, COlor, or
national origin shall be excluded tram participation
in, denied the benet1 ts of, or be otherwis. nbjam:ed
to discrimination, (3. that: the tenant shall Wle the
premises in compliance with a11 ather requiraenta
imposed by or pursuant to '1'1 tle 41, Cede ot Federal
Regulat1ons, Department of Transportation, SUbtitle A,
Ottice 0: the secratary, Part 21, Nond1scrimination 1n
Pederally-assisted programs ot the Department ot
Tr~"Rpn~~ton-!tt.ctuat1on of Title VI ot the Civil
Right:a .Act ot 1954 r IInd aa .. id . Ra;ulatioD8 DaY be
1UIl8ndad.
That in the eV_"1: a~ bzo8acb ot! any of the abov.
nDndiacrimina~ion aovenan1:g, Airport OWner lIhall have
1:h. Z'i9ht: to tm:mina1:. ~. 1.... and to nt-.new and a.
it said lease had ft.VOZ' boen mado or iDcuocl. The
provision -hall not be effective until tho proQ.d~..
oL Title 49, Code of FederAl R~ulCLtiona, !"~ 31 U'O
.culluwtlu emU. l:01Jlpletect includin9 ex.rei.. OJ:' expirAt:ian
ot app.al r!ghlM.
J . ~ t Shall be a concl! t~an ot this luaMes, Wla I.. Lb. 10ln.or
rell.rv.. unto 1tselr, ita successors and a&sJ.9n., tor
the use ana Den.tit. or the pW211c, a r1g11t ot tli9ht
tor the passaqe or aircraft in the airspace Gove the
surtacs of the real property nereinatter describa4,
toyether with the r1qht to cause in saic1 A1rspace suCh
no Be as may ha inherent in the operation or aircraft,
now known or here attar uSed, tor navigation ot or
tlight in the said airspace, and for u.. ot laid
airspace tor landing on, tak!nq off tram or operat1ng
on the airport.
That the Tenant expressly agrees far itself, its
Successors and ass ions, to restrict the heiqht ot
8tructuru, objects of natural ;rowth and ather
obS1:ruct:ians an the hereinafter d...cr1.bed real property
~ &UeJ\ · hQ{;ht .0 .. to coaply with Pederal Aviation
"qulationa, Part 77.
'1'haf: th. %.8_.. expz-...ly acp:_ for ita.1f. ita
auaaoa.ora anel aa.ifJ1Ul, to prevent any Wle ot the
berainattar d..ar!bod ~al p~oporcy which wauld
intltZ'~.ra vJ.t:h Dr CldvQ1Iely Gttoat ~c apcrat.ian 0&"
main't:lUulnae a~ the airport, Ol" ot:hcrwtcac aonat:itut:o an
airport ba~Ard. .
4. This leAse and all prov!siona hereof lU:e subjact cmc:l ..
lIubordlllate t.u UlIt Lerma and c:oncUtiona ot. the
J.nst.rwallllb and dOCWIent. uncl.- whl.c:b Uw Airport OWner
acqu1red the sUbject FOIJarty from the t1nJ.Lt:d SLAta. Q~
America and 8I1al1 be g1 ven only 8Ucb ettect .S will oat
conr!lct or be 1ncon.i.~.nt with the term. an4
con~it1ons contained in the lease or sald !ands fram
the Airport OWner, and any existing or .Ub8equan~
amendments thereto, and are 8Ubj act to any ordinances,
rules or requlat10na which have been, or may hareattar
be adopted by the Airport: Owner pl:rt:aiJiinq to the
(T) A rIA T Ita,{ AIrport.
5. Hotwit:hstanclinq anVthinq hare in contained that may ba,
or appaar to be, to the contrary, it is expr".ly
understood and agreed that the rights qrantad WIder
t:his a;reBlllen1: arB nanexcluai ve and th. Les.or harain
r...rv.. t:ha r1C;h't to 9Z'ant siJllilar pr!vile;.8 to .
anothlPr LeS8~ or other I.AJllIIIAAfII em nr.hAr parts ot t:h.
airport.
RECEIVED
DEe 23 1993
AIRPORTS/ OMS
~
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 ACTIVITIES BY FIXED BASE
OPERATORS AND OTHER AERONAUTICAL SERVICE
PROVIDERS AT MONROE COUNTY AIRPORTS.
WHEREAS. the 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 8S 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 standardsJ now. therefore.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA. that the Board hereby approves and
adopts the attached Minimum Standards for Commercial Aeronautical
Activities by Fixed Base Operators and other Aeronautical Service
Providers at Monroe County Airports.
PASSED AND ADOPTED by the Board
~on~ Coun~y. Florida. at a regular
Ck:
~n ~ J~f day of AJUbr
('): u.::Z
u t.n . -=,
C" .-
W.
c..
L...J
....J
.....
of County Commissioners of
meeting of said Board held
. A.D. 1990.
~
~
C: ""'.
~.:j~
.,~ z:
c) 0
r
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY, cfi.~
MAYOR/CHAIRMAN
(Seal)
Attest: DANNY L. KOl1HAGE, Clerk
APf'ROVED AS TO FOf.,
AND LEGAL sumCIEf. . (\
1'/~~~~~
'. .".oM"
MINIMUM STANDARDS FOR COMMERCIAL
AERONAUTICAL ACTIVITIES 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(s) or Provider(s)
K. Rules and Regulations
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
(6) 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
(e) Auto Parking
2
. "
VI.
(d) Site Plan
(e) Utilities
(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 Facilities
(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
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.
VII I.
IX.
(5) Insurance
B. Non-Scheduled Aircraft Charter, Air Taxi, and Sightseeing
Services
(1) Personnel and Certifications
(2) Aircraft and Equipment
(3) FaciH ties
(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 MONROE COUNTY AIRPORTS
The Monroe County Board of County Conunissioners, 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. As 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 is required for,
the safety of such operations and shall include, but
not by way of limitation, all activities or services
conunonly 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(st
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 right to conduct any aeronautical
activity on the airports.
J. Person(s) or Provider(s). Shall mean any person(s),
firm general or limited partnership, corporation,
trust or association leasing or using 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
regulations as may be promulgated 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 pertaining to the airport.
II.
Special Restrictions on Airport Land and Facility Use No
person shall be granted the right to conduct any commer-
cial aeronautical activity upon the airport, nor shall 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
permits, licenses, and/or the execution of a valid con-
tract or agreement wi th Monroe County to conduct such
activities with the county.
Application
A. How Made. Applications for the lease of ground
and/or facilities on the airport or for permission to
7
carryon any commercial business or aeronautical
activity on the airport with the necessary permits
and license shall be made to the Airport Director.
The Airport Director shall thereafter present the
application to the Commission. 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.
B. 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
responsibili ty 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 Terms(s). The requested or proposed date
of commencement of the activity, and the term(s)
of conducting s~e.
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 speci fic 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
lO
. "
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 minor 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 airport, ramp assistance to aircraft,
including aircraft parking, storage, and tiedown
services; gratuitous passenger transportation 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 Aeronautical 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 being in primary support of air-
craft using the airport. Such services shall include
but not be limited to:
1. General. Providing 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; sightseeing services, cargo handling;
the sale or brokerage of new or used aircraft
parts and accessories; meteorological services,
aerial photography and surveying, the mainte-
nance and servicing, including fueling, of
aircraft ground servicing equipment of other
tenants of the airport, 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 school 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 for the operation of
aircraft owned by others and to carry passengers
and freight for hire, on a non-scheduled basis,
which shall include sightseeing privileges,
subject to all appropriate laws 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:
l. 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 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:
l3
1. Investment. The minimum investment in facili-
ties, tools, and equipment exclUding aircraft to
provide Primary Servioes at the airport is
$300,000, part of which may be satisfied by the
leasing of existing facilities, the value of
which shall be determined by the commission.
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 (l) acre
for Seoondary 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 at all
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
l4
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 utilities 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 governmental agencies.
g) Final Approval Authority. All of the
proposed construction and improvements will
be subject to the final approval authority
of the Commission.
4. 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
services are to be provided:
a) Aircraft Parking Apron and Service Ramp.
Lease from the Commission 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
correspondinq 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 qrade 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 qood 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 hours
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
l7
approved by the Commission prior to con-
struction of the facility.
f) Ground Rods. Install at all fixed fueling
locations adequate grounding rods to reduce
the hazards of static electricity.
g) Flight Line Repairs. A Fixed Base Operator
shall demonstrate a capability to perform
minor aircraft and engine repairs of the
type generally known as flight line re-
pairs.
5. 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 that 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 such cancellation or change.
b) Fire, Extended Coverage and Vandalism. The
Fixed Base Operator shall at its sole cost
,
and expense, cause all improvements on the
18
demised premises to be kept insured to the
full replacement value thereof, against
the perils of fire, extended coverage, and
vandalism and in the amounts customary
against the perils of explosion from
boilers and pressure vessels, sprinkle
leakage and like perils. The proceeds of
any such insurance paid on account of any
of the perils aforesaid, shall be used to
defray the cost of repairing, restoring or
reconstructing said improvements.
c) Indemni ty. The Fixed Base Operator shall
assume all risks incident to, or in connec-
tion with, its business 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, losses, damages 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
d) Commercial General Liability. The Fixed
Base Operator will be required to provide
Commercial General Liability Insurance in
the amount of not less 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 rental and other fees
established during lease negotiations, the
Commission may, from time to time, establish
other fees such as:
a) Fuel Flowage Fees. If Monroe County so
elects to establish a fuel flowage fee, 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.
b) 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 privileqes authorized
by its agreement with the county,
21
. "
excluding revenue derived from the
sale 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 percentage 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
Secondary Service will be allowed the option to
22
. "
renew for two additional five (5) year periods,
also subject to the renegotiation of fees and
charges in addition thereto.
VI. Partial or Individual Aeronautical Services
In the event a person desires to establish a business
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 lease 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 services, 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 these services must
also meet the minimum requirements.
A. Flight Instruction and Aircraft Rental Services.
A provider in this cateqory is authorized to
carry on flight and qround school instruction and
to rent aircraft. The followinq is required:
l. Personnel and Certifications. Have available
on a full time employment 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 possess 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) (d), (e), (f)
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.(5) (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
. "
and non-scheduled air taxi service. Copies of all
applicable certificates required of the Provider by
the FAA shall be provided to the Commission. In
addition, the Provider shall meet the following
minimum requirements:
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, (unless restrooms and telephone are
provided under other categories in a
multi-category proposal), plus must provide
satisfactory parking and ground transportation.
Design and constructions plans for such
25
facilities must meet the Detailed Requirements
described in V.D. (3) (d), (e), (f) and (g).
4. Insurance. Furnish required insurance as
described in Section V.D. (5) (a), (b), (c), (d)
and (e).
C. 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 Agreement.
Have a sales or distributorship franchise
agreement from an aircraft manufacturer or a
substitute arrangement satisfactory to the
Commission.
2. Personnel, Certifications and Hours of Opera-
~ Have available during normal workinq
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 provided:
l. EqUipment, Personnel and Certifications.
Furnish facilities and equipment for airframe
and power plant repairs, And employ sufficient
qualified and certified A & P mechanics And such
other personnel to adequately serve the flying
public. Depending upon level (i.e. Individual,
Primary, or Secondary) such airframes 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. Addi tional 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
. "
3. Facilities Required by Primary and Secondary
Services Fixed Base Operators. For primary and
secondary service Fixed Base Operators, con-
struct in a location directed by the Commission
or lease from the Commission for his exclusive
use a minimum of 4800 square feet of hangar
space, and a minimum of 1000 square feet of
office, shop and storage space, plus sufficient
ramp space adjacent to the hanger for aircraft
parking. Design and construction must meet the
Detailed Requirements described in Section V.D.
( 3) ( d), ( e), ( f) and ( g) .
4. 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. Design and
construction 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).
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 provided:
28
. "
1. Construct in a location directed by the Commis-
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 parking 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. Design and con-
struction plans to be completed by the Provider
shall meet the Detailed Requirements described
in Section V.D. (3) (d), (e), (f) 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, explaining in detail the nature of the opera-
tion shall be submitted to the Airport Director by
the prospective tenant who shall 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 person's ability to perform and
fulfill 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
. "
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Airports
Bulk Item: Yes X
No
Department: Florida Kevs Marathon Airport
Staff Contact Person: Reggie Paros - 289-6060
AGENDA ITEM WORDING: Approval to extend Lease Agreement with Federal Express
Corporation on a month-to-month basis under existing terms and conditions, pending execution of a
new agreement
ITEM BACKGROUND: The County entered into a Lease Agreement with Federal Express
Corporation, which commenced April 1, 2005 and ended on March 31, 2010 . We are requesting to
extend the original agreement under the existing terms and conditions, pending execution of a new
agreement.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on September 28,2005, the Board
approved a lease agreement between Monroe County and Federal Express Corporation for operations
at the Florida Keys Marathon Airport.
CONTRACT/AGREEMENT CHANGES: The term of the agreement will be extended on a month
to month basis under existing terms and conditions.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
INDIRECT COST: N/ A
BUDGETED: N/A
SOURCE OF FUNDS: N/ A
COST TO COUNTY:
REVENUE PRODUCING: Yes --.X No
AMOUNT PER YEAR (2009) $ 31,566
APPROVED BY: County Attorney YES OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION:
Included _ Not Required -.X
DISPOSITION:
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: County Administrator
Bulk Item: Yes ~ No
Department: Office of Management & Budget
Staff Contact PersonlPhone #: Ernie Coughlin X4315
AGENDA ITEM WORDING:
Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated
revenue.
ITEM BACKGROUND:
See attached schedule of items.
PREVIOUS RELEVANT BOCC ACTION:
See attached schedule of items.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:N/A
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
APPROVED BY: County Ally 1L ~ehasing X
DOCUMENTATION: Included X Not Required_
Risk Management N/ A
DISPOSITION:
AGENDA ITEM #
Revised I 1/06
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OMB Schedule Item Number 1
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 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 Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 148 Plan, Build, Zoning
From: 148-5130-85525-590990
Cost Center #85525 Reserves
For the Amount: $5,000.00
To: 148-5310-69004-530490
Cost Center #69004 Tax Collector-148
Other Uses
Miscellaneous
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 21 sl day of April, 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 fund 148 trsffm 85525 to 6900469004
OMB Schedule Item Number 2
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 # 6155711 ARRA W AP Grant
OffcllDiV# 1016
Function 5600
Activity 5640
Contract Number: 10WX-7X-Il-54-01-719
CFDA# 81.402
Contract Period:41/1/2010-2/15/2011
Revenue:
125-6155711-3315000E
Federal Grants-Econ Env
$417,460.39
Total Revenue
$417,460.39
Appropriations:
125-6155711-510120
Regular Salaries
$ 417,460.39
Total Appropriations:
$417,460.39
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 21 sl day of April 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 2 unant ARRA W AP grant 6155711 fy 10-11
OMB Schedule Item Number 3
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 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 Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 404 Key West Int'l Airport
From: 404-5420-63002-560640
Cost Center #63002 Key West Airport R&R
For the Amount: $106,000.00
To: 404-5420-63001-530340
Cost Center #63001 Key West Airport O&M
Capital Outlay-Equipment
Other Contractual Svcs
From: 404-5420-63002-560640
Cost Center #63002 Key West Airport R&R
For the Amount: $2,757.50
To: 404-5420-630150-530490-GAKAI42-530310
Cost Center #630150 DBE 037-42
Capital Outlay-Equipment
Professional Svcs
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 2I 51 day of April, 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 3 fund 404 trsffm 63002 to 63001, 630150,
OMB Schedule Item Number 4
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 #405 KW AlP Series 2006 Bonds
Cost Center #88906 Debt Svc Grot FAA 037-42
Project #GAKB10 Debt Svc Grot FAA 037-42
Function#5100 Activity#5170
Official Division#1018
FAA Grant# 037-42
Revenue:
405-88906-33141 OOT -GAKB 1 0
Federal Grants-Transportation
$750.000.00
Total Revenue:
$750,000.00
Appropriations:
405-88906-57071 0-GAKB1 0-57071 0
Principal
$750.000.00
Total Appropriations:
$750,000.00
-------
-------
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 21st day of April, 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 4 unant fund 40588906 gakblO faa grant#037-42
OMB Schedule Item Number 5
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 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 Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 158 Misc Special Revenue Fund
From: 158-6020-69601-560640 Capital Outlay-Equipment
Cost Center #69601 State Art Ct Tech FS28.24
For the Amount: $22,500.00
To: 158-6030-69801-560640 Capital Outlay-Equipment
Cost Center #69801 Public Def Ct Tech FS28.24
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 21 sl day of April, 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/Chainnan
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 5 fund 158 trsffm 69601 to 69801
OMB Schedule Item Number 6
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 #404 Key West Airport
Cost Center #630150 DBE 037-42
Project #GAKAI42 DBE 037-42
Function#5400 Activity#5420
Official Division#1018
Project Number: 3-12-0037-042-2010
Revenue:
404-630150-3314100T -GAKA142
Federal Grants-Transportation
$52.393.50
$52,393.50
Total Revenue:
-------
------
Appropriations:
404-630150-530490-GAKAI42-530310
Prof Svcs
$52.393.50
$52,393.50
Total Appropriations:
-------
-----
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 21st day of April, 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 6 unant Fund 404 630150 GAKA142 DBE 037-42 Grant
OMB Schedule Item Number 7
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 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 Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 405 KW AlP Series 2006 Bonds
From: 405-5420-630901-570710 Principal
Cost Center #630901 Passenger Terminal
For the Amount: $45,001.00
To: 405-5420-88906-57071 O-GAKBl 0-57071 0 Principal
Cost Center #88906 Debt Service FAA 037-42
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 2151 day of April, 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 7 fund 405 trsf fm 630901 to 88906 GAKB I 0
OMB Schedule Item Number 8
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 Fund Type Grants
Cost Center #6153909 HCE
Function#5600 Activity#5640
Official Division#1016
Revenue:
125-6153909-381001 GT
Trnsfr fm General Fund
$4.800.00
Total Revenue:
$4,800.00
Appropriations:
125-5640-6153909-510120
Regular Salaries
$4.800.00
Total Appropriations:
$4,800.00
------
-----
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 21st day of April, 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 8 un ant Fund 1256153909 HCE
OMB Schedule Item Number 9
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 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 Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 001 General Fund
From: 001-5640-61501-510120
Cost Center #61501 Welfare Admin
For the Amount: $4,800.00
To: 001-5810-86500-590125
Cost Center #86500 Budgeted Transfers
Regular Salaries
Budgeted Transfers to 125
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is
hereby authorized and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting
of said Board held on the 21 sl day of April, 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 9 fund 001 trsffm 61501 to 86500
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 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# 50518 LAP FKSH Interpretive Panels
Project# GWI002 LAP FKSH Interpretive Panels
Function # 5400
Activity # 5410
Official/Division #1015
Fed Grant# 4280171
CFDA Number: 20.205
Grant period: 4/21/2010-6/30/2011
Revenue:
125-50518-3312000T -GWl 002
Federal Grants-Transportation
$45,000.00
Total Revenue
$45,000.00
Appropriations:
125-541 0-50518-530490-GWl 002-530490 Miscellaneous
$45,000.00
Total Appropriations:
$45,000.00
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 21st day of April 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 IO unant fund 12550518 GWI002 LAP FKSH Interpretive Panels
OMB Schedule Item Number II
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 #158 Misc Special Revenue Fund
Cost Center# 52503 Environmental Resources Education
Function # 5200
Activity # 5240
Official/Division #1015
Revenue:
158-5240-322006SG
Bldg Permit-Bio Educ Fee
$5,500.00
Total Revenue
$5,500.00
Appropriations:
158-5240-52503-530540
Books, Pub, Subs
$5,500.00
Total Appropriations:
$5,500.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated
funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 21st day of April 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 II un ant fund 15852503 Environmental Resources Education
OMB Schedule Item Number 12
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 Rev Fund
Cost Centers# 82507 Judicial Ct. Tech FS 28.24(12)(e) 50%
69601 St Arty Ct. Tech FS 28.24(12)(e) 30%
69801 Pub DeCCt. Tech FS 28.24(12)(e) 20%
Revenue:
158-341113SC
Svcs-Ct. Tech
$12,390.00
Total Revenue
$12,390.00
Appropriations:
158-6010-82507 -560640
Capital Outlay Equipment
$12,390.00
Total Appropriations:
$12,390.00
Revenue:
158-341114SC
Svcs-Ct. Tech
$ 7,434.00
Total Revenue
$ 7,434.00
Appropriations:
158-6020-69601-560640
Capital Outlay Equipment
$ 7,434.00
Total Appropriations:
$ 7,434.00
Revenue:
158-341115SC
Svsc-Ct. Tech
$4,956.00
Total Revenue
$4,956.00
Appropriations:
158-6030-69801-560640
Capital Outlay Equipment
$4,956.00
Total Appropriations:
$4,956.00
Item 12 unant fund 158 Court Technology pagel
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 21st day of April 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 12 unant fund 158 Court Technology page2
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 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
$2,543.74
Total Revenue
$2,543.74
Appropriations:
158-5640-04586-530340
Other Contractual Service
$2,543.74
Total Appropriations:
$2,543.74
Revenue:
158-348142SC
Misc. Special Revenue Fund
$2,543.74
Total Revenue
$2,543.74
Appropriations:
158-5810-86549-590001
Budgeted Transfers
$2,543.74
Total Appropriations:
$2,543.74
Revenue:
158-348145SC
Misc. Special Revenue Fund
$2,543.74
Total Revenue
$2,543.74
Appropriations:
158-5210-68627-530340
Other Contractual Service
$2,543.74
Total Appropriations:
$2,543.74
Item 13 unant fund 158 crim add costs page 1
Revenue:
158-348144SC
Misc. Special Revenue Fund
$2,543.73
Total Revenue
$2,543.73
Appropriations:
158-6010-82506-530340
Other Contractual Service
$2,543.73
Total Appropriations:
$2,543.73
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 21st day of April 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 13 unant fund 158 crim add costs page 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Budget & Finance
Bulk Item: Yes ~ No
Department:
OMB
Staff Contact PersonlPhone #: Penny Kipp X4470
AGENDA ITEM WORDING: Approval to advertise a public hearing for a Budget Amendment
for Bay Point Municipal Service Taxing Unit Fund 168, Big Coppitt Municipal Service Taxing
Unit Fund 169, Stock Island Municipal Service Taxing Unit Fund 171, Cudjoe/Sugarloaf
Municipal Service Taxing Unit Fund 172, Long Key/Layton Municipal Service Taxing Unit Fund
175 and Duck Key Municipal Service Taxing Unit Fund 176.
ITEM BACKGROUND: To align each budget with revenues and expenditures of on-going costs in
Funds 168, 169, 171, 172, 175 and 176.
PREVIOUS RELEVANT BOCC ACTION: On September 23, 2009, the BOCC adopted the
FY2010 Operating and Capital Budgets.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
BUDGETED: Yes ~ No
TOTAL COST: N/A
INDIRECT COST:
COST TO COUNTY: N/A SOURCE OF FUNDS: Fund Balances 168, 169, 171, 172, 175, 176
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Alty _ ~urchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 22, 2010
Division: Deputy County Administrator
Bulk Item: Yes ---X- No
Department:
Library Services
Staff Contact PersonlPhone #: Norma Kula / x7349
AGENDA ITEM WORDING: Approval to accept and execute service agreement between the Board
of County Commissioners of Monroe County and Literacy Volunteers of America - Monroe County,
Inc.
ITEM BACKGROUND: The Monroe County Public Library has been awarded grant funding from
LST A (Library Services and Technology Act) which specifies that monies will be provided to LV A for
literacy services as described in the approved grant application.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the grant agreement on September 16,
2009, along with a history of prior LST A applications, agreements, and accompanying resolutions for
Library services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
-00- INDIRECT COST:
-00-
BUDGETED: Yes lNo
COST TO COUNTY:
-00-
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes l
No ~OUNT PER Year $ 9,499.00
o,chasing _ Risk Management _
,~
~ Not Required_
APPROVED BY: County Atty _
DOCUMENTATION:
Included
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: LV A-- Momoe County Contract #L V A
Effective Date: Upon execution
Expiration Date: September 30, 2010
Contract Purpose/Description:
The Momoe County Public Library has been awarded an LST A grant for providing a
literacy and learning program in bookclub format. LV A, Literacy Volunteers of
America, is partnering with the Library as Provider ofthese literacy services, in
accordance with the approved grant application.
Contract Manager: Norma Kula 7349 Library Services 1 Stop #23
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 4/21/2010 Agenda Deadline: 4/6/2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 9,499.00
Budgeted? Yes~ No D Account Codes:
Grant: $ 9,999.00
County Match: $ -00-
Current Year Portion: $ 9,499.00 I
125- -62017-53490 GPI001-530340:_____
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $OO/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Ptj/In Needed
Division Director 4L ~;o YesD No
Risk Manag"J'nt '1-" -({) YesO Noq
O.~./Purcliasing '1-5-10 YesD No~
CountyAttomey 31~v YeSDNo~'~ V~~
6-n d tiddt"D'a-..-\l. ~
Comments: a/3/ /10
D
I
I
Memorandmn
From:
Monroe County Board of commiSSio\e~ ~\\}l \
Norma Kula, Director of Libraries ,~\l.j flY'
3/26/2010 l'i ~
To:
Date:
Re:
SOCC Agenda Item-Approval of Service Agreement with LVA
The above-referenced item follows from the recent LST A grant awarded to the Monroe
County Public Library, in partnership with the Literacy Volunteers of America, with whom the
Library has a long and effective relationship of mutual support and cooperation. In the current
program, the Library will primarily provide space and oversight; LVA will act as Provider of
services, implementing the training, the program, and the publicity. This item is the formal
agreement with LVA as Provider. Our goal is to reach new potential Library users, adding to
our base of non-traditional customers, and enabling them to communicate effectively through
increased literacy skills through reading and discussion.
1
AGREEMENT
This Agreement is made and entered into this 1st day of October, 2009, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County/, and Literacy Volunteers of America - Monroe County, Inc., hereinafter
referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
literacy training, and
WHEREAS, the Board has been awarded a Library Services and Technology Act Grant for
the provision of literacy training,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER
substantially and satisfactorily performing and carrying out the duties of the Board in accordance
with the Library Services and Technology Grant Act grant application, "Southernmost Literacy
Book Club" (incorporated herein by reference), shall pay to the PROVIDER the sum of NINE
THOUSAND FOUR HUNDRED NINETY-NINE AND NO/100 DOLLARS ($9A99.00) for the grant
period.
2. TERM. This Agreement shall commence on October 1, 2009, and terminate September
30, 2010, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as
hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's
Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Monroe County Code
of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover letter is included
as Attachment B. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Article 2 above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount shown in Article 1, above,
during the term of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of
termination, unless otherwise required by law.
s. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER 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.
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKEEPING
7. RECORDS. PROVIDER shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant
to See. 55.03, FS, running from the date the monies were paid to PROVIDER.
8. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
COUNTY the following (items A-I must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination indicating 501(c){3) status;
(b) List of the Organization's Board of Directors of which there must be five or more; for each
board member please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from most recent fiscal year for all organizations
that expend $150,000 a year or more; if qualified, include a statement of deficiencies with
corrective actions recommended/taken;
(e) IRS Form 990 from most recent fiscal year for all organizations;
(f) Organization's Corporate Bylaws, which must include the organization's mission, board
and membership composition, and process for election of officers;
(g) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(h) Specific description or list of services to be provided under this contract with this grant
(see Attachment C);
(i) Initial Performance Report describing services provided during the prior fiscal year. The
performance reports shall include statistical information regarding the types and
frequencies of services provided, a profile of clients (including residency) and numbers
served, and outcomes achieved.
(j) Final Performance Report describing services rendered during the current grant period (to
be furnished within 30 days after the contract end date.) The performance reports shall
include statistical information regarding the types and frequencies of services provided, a
profile of clients (including residency) and numbers served, and outcomes achieved.
(k) Cooperation with County monitoring visits that the County may request during the contract
year; and
(I) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
RESPONSIBILITIES
LSTAContract - Literacy Volunteers FY10 (2); page 1
10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
in Attachment C to residents of Monroe County, Florida.
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. 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.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective
legal representatives, successors, and assigns.
13. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
14. NO SOLICITATION/PAYMENT. The County and PROVIDER 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 PROVIDER agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the PROVIDER or any of its
employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision of such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, rules and regulations shall constitute a material breach of
this agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff.
18. NON-DISCRIMINATION. County and PROVIDER 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
LSTAContract - Literacy Volunteers FY10 (2); page 2
order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Ag reement.
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of services shall be accomplished by an amendment, which must be
approved in writing by the COUNTY.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
21. 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 PROVIDER 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 PROVIDER
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER 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.
23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of the
provisions herein. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon the Board in addition to the total agreed upon
reimbursement amount for the services of the PROVIDER.
LSTAContract - Literacy Volunteers FY10 (2); page 3
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provIsions of Sec. 768.28,
Florida Statutes, the participation of the County and the PROVIDER 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.
25. ATTESTATIONS. PROVIDER 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.
26. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
29. 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.
30. 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.
31. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the PROVIDER agree that neither the County nor the PROVIDER 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.
LSTAContract - Literacy Volunteers FY10 (2); page 4
GENERAL
32. 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.
33. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the
other party as follows:
For Board:
Grants Administrator and
Monroe County Public Library
700 Fleming Street
Key West, FL 33040
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For PROVIDER
Literacy Volunteers of America - Monroe County, Inc.
Mary Casanova, Executive Director
1400 United St, #404
Key West, FL 33040
305-294-4352
305-296-1337 FAX
34. 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 PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The County and PROVIDER 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.
35. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and PROVIDER 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.
LSTAContract - Literacy Volunteers FY10 (2); page 5
37. 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 PROVIDER and the Board.
[THIS SPACE INTENTIONAllY lEFT BLANK WITH SIGNATORY PAGE TO FOllOW]
LSTAContract - Literacy Volunteers FY10 (2); page 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of 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/Chairman
Literacy Volunteers of America - Monroe County, Inc.
, if"
(Federal ID No. G?5 - 006031 3--,
By
~//;P-k-1
President
~
?:JE COUNTY ATTCC""'~:"
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LSTAContract - Literacy Volunteers FY10 (2); page 7
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and Community-Based
Organizations, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business. These guidelines, as they relate to travel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the Mon roe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and payroll taxes, check number and check amount. If a
Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
LSTAContract - Literacy Volunteers FY10 (2); page 8
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are
not acceptable documentation for reimbursement. If attending a conference or meeting a copy of
the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of
the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport
for a business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2
p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
LSTAContract - Literacy Volunteers FY10 (2); page 9
ATTACHMENT B
ORGANIZATION
LETTERH EAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Orqanization name) for the time period
of to
Check # Payee Reason Amou nt
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX. XX
105 Employee B P/R ending OS/28/01 XXX. XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organization's contract with the Monroe County Board
of County Commissioners and will not be submitted for reimbursement to any other funding
source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of
who is personally known to me.
200_ by
Notary Public
Notary Stamp
LSTAContract - Literacy Volunteers FY10 (2); page 10
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not su bmit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of bei ng placed on the convicted vendor list."
LSTAContract - Literacy Volunteers FY10 (2); page 12
DRUG-FREE WORKPLACE FORM
dor in accordance with Florida Statute 287.087 hereby certifies that:
-C4-
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
STATE OF F IOi/d a..
3 - ~ 5 - I'D
Date
COUNTY OF ('() (j /I rt'J ~
,
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
M ()%'c) (JaJ~no \I t/i who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
1f"tx' day of fl1 fLhc4
~~
,20E
My commission expires:
/-j /d& /10
NOTARY PUBLIC
~ EILEEN QUINN
W: A"T). CommissIon # 00545159
i - ExDIIes April 26. 2010
'.. BiIlilIIThruTIOfFInNm:e800-385-1019
LSTAContract - Literacy Volunteers FY10 (2); page 14
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
':I;
otherwise h d act on his/its behal any former County officer or employee in violation of Section 2
of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
~(Si9~
Date: 3 ... ci...5" - I D
warrants that he/it has not employed, retained or
COUNTY OF
F loy /d tJ.-
,
(Y1on('() e
STATE OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(tJ/ MY {!aSaflO U~ who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this d5 tJ, day of
M(),het
,20~.
6~~
NOTARY PUBLIC
My commission expires: 1/ /;;1# (0
OMB - MCP FORM #4
LSTAContract - Literacy Volunteers FY10 (2); page 13
ATTACHMENT C
Services to be provided: As contained in the grant application attached hereto and incorporated
by reference.
RECEIVED
MAR ;3 1 2010
MONROE COUNTY ATTORNE)'
Contract - Literacy Volunteers FY10 (2) (3); page 11
Florida Department of State, Division of Library and Information Services
LST A APPLICATION
Application Due: March 15, 2009
LIBRARY I ORGANIZATION NAME Monroe County Public Librarv
MAILING ADDRESS 700 Fleming Street, Kev West, FL 33040
PHONE # 305-292-3594 SUNCOM # FAX # 305-295-3626
CONTACT PERSON Anne Layton Rice E-MAIL ADDRESS rice-anne(tV,monroecounty-fl.gov
FEID OR SAMAS AND EO #59-6000749
CONTRACTING AGENCY NAME Monroe County Board of Commissioners
TYPE (check one):
. Public 0 K-12 0 Academic 0 Multitype Library Consortium 0 Special 0 State Library
CATEGORY (check one)
. Access for Persons Having Difficulty Using Libraries
o Library Technology Connectivity and Services
PROJECT NAME Southernmost Literacy Book Club
PROJECT
. New
o Continuing
If continuing, specify year:
LSTA FUNDS REQUESTED $9,999.00
PRIORITY# 1 OF 1 APPLICATIONS SUBMITTED
LIBRARY SERVICE AREA POPULATION 75,000
NUMBER OF PERSONS TO BE SERVED BY PROJECT 5,920
TARGETED USER GROUP (Check all that apply)
o Children 0 Youth. . Adults 0 Older Adults 0 Mixed
o Other, specify
Norma Kula
Typed Name and Signature ofL'
v to.r:v-/4
~3-ll-Zc(!)
Date
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
NARRATIVE
SUMMARY
Our new project, The Southernmost Literacy Book Club, builds on the foundation created by the
LSTA literacy grant awarded in 2002. It is the umbrella under which resides three synergistic
components: Literature through Literacy, Pictures and Stories, and Literary Luminaries, offering
English literacy instruction through Literacy Volunteers for new language learners, plus a vehicle by
which they may begin to more fully understand, appreciate and communicate thoughts and opinions
about the content of the literature they read and discuss -- for many students, for the f1rSt time. This
project includes participation in short story discussions that encourage the practicing new oral
communication skills. It provides new language learners opportunities to improve reading and writing
skills in the context of learning about authors such as Hemingway and O. Henry, as well as works by
local, living authors.
This project importantly includes authentic writing activities designed to strengthen the personal
relationship learners have with their local library, and introduces learners to guest authors, poets and
storytellers invited to present their work at workshops and readings.
INTRODUCTION
The Florida Keys are an elongated, arching chain of nearly 822 low-lying islands, over 120 miles in
length, connected by a single overseas highway. Population density is 75 persons per square mile.
Monroe County, frequently referred to as the Keys, is located at
the southern tip of the state. Given Monroe County's shape,
every county service must recur repeatedly to effectively serve its
75,000 residents. Even with five library locations, there is a
minimwn span of 20 miles between them.
According to 2008 data from the University of Florida's Bureau of Economic and Business
Research, Monroe County has the highest retail prices and housing costs in Florida.. According to
1
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Hewing Difficulty Using Libraries
the 2004 Florida Statistical Abstract, 13.6% of all children in Monroe County live below the
poverty line. These demographics suggest a great divide between upper and lower economic status.
The Monroe County Public Library system is a department of the County, reporting to the Deputy
Administrator. A Library Advisory Board, consisting of five Commission-appointed members, meets
monthly to provide counsel concerning all matters relating to the public libraries.
Our mission is to provide the resources, services and environment for patrons to pursue their
business, edl,lcational and recreational interests/needs. Every Monroe County library provides
children's programming, full reference services, community outreach projects, public lectures of local
interest, and electronic resources.
The May Hill Russell Public Library in Key West, founded in 1892, is South Florida's oldest public
library and the headquarters location. Monroe County's five community libraries provide a total of 216
service hours per week. Our staff of 30 FIEs serve 40,000 registered users and provide a collection of
207,000 titles. Volunteers contribute the equivalent of 275 FIEs annually. ''PeopleCounters''
indicated nearly 500,000 visitors during our last fIScal year. Local funding for fIScal year 2009-2010 is
$2,800,000. While we are funded to provide services to the 80,000 residents of the Keys, we also serve
many of the 3 million annual visitors.
Started in 1984 under the auspices of Key West Friends of the Library, Literacy Volunteers of
America-:-Monroe County, Inc. ("LV A") began as a library literacy group of 20 volunteers
headquartered in the Key West branch of the Monroe County Public Library. Over the years, the
organization grew with community needs. In 1989 Library Literacy gained full affiliateship with
Literacy Volunteers of America-a nationwide literacy provider-and officially became "Literacy
Volunteers of America-Monroe County, Inc." Having expanded to twice its size, LV A moved to St
Marys schoo~ and continued to work hand in hand with Monroe County Friends of the Library. In
2002, LV A became an affiliate of Pro Literacy America, and the need for further expansion made it
necessary for LV A to come full circle-back to the library, where it has its roots. LV A requested the
library once again assist them in performing their mission-to help adults achieve personal goals by
2
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
increased literacy skills. Through an LSTA grant obtained in 2002, LV A was able to offer tutor and
student intake and training at five locations of the Monroe County Library. In addition, new
curriculums were created specially targeting limited English proficient students in the hospitality
industry (which employed 71% of LV A students), as well as educationally disadvantaged women with
the ''Women In Literacy and History" curriculum. This partnership served over 300 new students and
library customers and received the State Library's 'fuemplary" award
3
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Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
NEED
Tmget Population:
Our target population is a melting pot of nationalities, both colorful and culturally diverse. LV A
learners hail from Poland, Cuba, the Ukraine, Russia, the Czech Republic, Uruguay, Puerto Rico,
Columbia, Nicaragua, Mexico, Uruguay, Haiti, China and Japan. These learners wish to improve
reading, writing and English speaking skills as well as integrate themselves into American culture.
They obtain English literacy instruction on-site at the Key West location of the Monroe County
library, and are a small slice of Key West's total population of 25,031 residents. Out of this total, 1,118
or 5.8% have just 0-9 years of schooling. An additional 9.5% or 1,842 have more than 9 years of
schooling, but no high school diploma. 24.8% do not speak English in the home. Out of these, 19.4%
or 2,960 "speak English less than very well:'
(http://v;;ww.infoplease.com/us/ census/ datal florida/key-west!)
Our new program, The Southernmost Literacy Book Club, targets a total of 5,920 Key West residents
who are new English language learns and/or lack a high school degree.
There are currently 50 students on the LV A waiting list in Key West, 20 additional studerits on the
LVA waiting list in Marathon, and 14 on the LVA waiting list in Key LargO. There are always more
students on LV A waiting lists than there are tutors to assist them.
LVA's learner population last year included 10 parents and children enrolled in Family Literacy, 11
men and women enrolled in Workplace Literacy, and 165 men and women enrolled in English as a
Second Language (ESI1 and Basic READ programs. LV A served a total of 186 individuals last year
4
Monroe County Public Ubrary
Southernmost uteracy Book Club:
Library Services for Limited English Proficient and other Persons Having Difficulty Using Libraries
with a staff of two, part-time case managers, working approximately ten hours each per week. Pro
Literacy America (LV A parent organization) Development Officer Mark Cass notes, "This is a stellar
example of maximizing work through the professional management of volunteers as both an effective
and cost efficient approach to meeting literacy needs. It is typically a 'one full-time person to 40
student ratio' as far as staff to students being the ideal."
LV A has been fortunate to have retained 100 active volunteers to assist with tutoring. The number of
LV A students served without any full-time, paid staff member, is quite remarkable. There is a still,
however, a great need for additional tutors to work with students, as evidenced by countywide waiting
lists, with more walk-ins every day.
Unmet Needs
Although there is LV A, there are no other mechanism in place to expand the educational and social
horizons of new language learners who, although they may be employed, are still not proficient
enough in communicating in English to be able to go out to a restaurant by themselves and order a
meal, or go to a museum and know what the guide is saying, or go to the library and participate in a
short story discussion. These students are at a crossroad. Many can read English and somewhat
understand, which would make them perfect candidates for the Southernmost Literacy Book Club, but
need assistance in communicating and socialization. Many are terrified. "I go to work," says Rimma
Bachlanova, an intermediate/advanced LV A student working in the Housekeeping Department of a
local Key West guesthouse, "I come home, watch lV, go to sleep. I like to go restaurant after work. .
Nice restaurant. But no, I cannot No understand. I like museums. I want to go see. No go. No
understandJ I want understand I want nice, American husband. I want to learn. I go no place. I get up.'
Go to work. Come home. Watch lV. Go to sleep. I want to learn!"
5
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
There is no program presently in existence at the library which encourages discussions for new
language learners in the context of literature. The Literature through Literacy program under the
umbrella of The Southemmost Literacy Book Club would remedy this unmet need.
There is no program in existence at the library teaching writing for new language learners in the
context of their own lives. The Pictures and Stories program, using online writing resources and
photographs to create personal notebooks and family albums, would remedy this unmet need.
There is no program in existence at the library which encourages new language learners to participate
in discussions about writing and poetry. The Literary Ulminaries program, utilizing Key West's
extraordinary wealth of local authors and poets, would remedy this unmet need.
There is currently no bridge for learners who score as a level 3 or 4 on the stan.dardized ESOLA (these
students can communicate in English and be understood, but need help with tenses, pronunciation
and vocabulary), but are not prepared for mainstream education or are still needing communications
skills to improve their employrnentThese students require encouragement to utilize the library, as
they are afraid that their . skills put them at a disadvantage. This project would help create a bridge for
those students to allow them. to improve their English communication skills in a library learning
setting, positioning them to be, along with their families, lifelong library customers.
The Library's mission is very clear: ''To meet the changing needs of our communities for infonnation,
education and personal enridunent in a variety of formats, in buildings that are inviting, comfortable,
and fitted for technological growth and development, with a staff that is friendly, helpful and
knowledgeable, in partnerships with our communities..." Lifelong learning is a core value of the
Library. The Library's 2009 Annual Plan of Service states specifically, ''Library users of all ages will
6
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
find the means to continue to learn throughout their lives and to access, evaluate, and use information
in a variety of formats."
Monroe County Public Library (MCPLS) started library literacy in 1984 under the auspices of Friends
of the Library --originally housing LV A in the Key West Library.
The purpose and goal of our 2002 LSTA grant project ''Library Services for Limited English
Proficient Hospitality Workers" was to improve literacy skills for adults employed in the hospitality
industry by creating a stronger partnership between Monroe County Public Libraries, LV A, and the
Monroe County Sheriffs Office.
This goal was achieved in what was honored as one of the State Library's Exemplary Programs. The
three main accomplishments (and on-gohlg benefits) of the project were:
-$- Library services were provided to new customers.
-$- Students were assisted by the library to achieve personal goals through increased literacy skills.
-$- The library is positioned and promoted as a lifelong learning center.
Inputs that made this program's success possible included library and LV A staff, literacy volunteers,
trainings held both on-site at three library locations and off-site at the LV A study center, the
enthusiasm of library and LV A staff, supportive project partners, facilities, materials and funding.
Primarily, the project was successfully because the LV A partners and library staff have a clear grasp of
the local ESL--Hospitality community, their needs, and challenges.
Activities that facilitated program success included the creation of partnerships with Literacy
Volunteers and the Monroe County Sheriffs Office, the dissemination of curriculums to five library
7
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and other Persons Having Difficulty Using Libraries
sites, the recruiting and training of volunteers, the recruiting and enrollment of limited English
proficient students, the development of library learning collections, the utilization of the workplace
curriculum, and, most effectively, the promotion and publicizing of the project.
In addition, MCPLS partnered with LV A and the Monroe County School District with the Even Start
Family Literacy Program from 1999 through to 2005, providing library space in Key West and Key
Largo for P.A.C.T. (parents And Children Together) play groups.
From 1997 - 1999 MCPLS partnered with LV A and United Way with the "Community Integration"
program, inviting limited English proficient immigrants to tour the library, use the computers and
obtain library cards in an effort to assist these students become more fully integrated into the English
speaking community.
Library Goals
This project proposes to provide the Key West library with the Southernmost Literacy Book Club to
assist in teaching English to ESOL students who comprise over 90% of the student presently served
by LV A and help to take them to the next level as citizens who can communicate effectively through
increased literacy skills, appreciate English literature, be able to discuss stories, and create authentic
writing, as the next step in the learning process. This project intends to add to the non-traditional
customer base for the Key West library and use the effectiveness of this program as a litmus test to
determine if this program should and can be carried up the Keys to the other four library locations to
better serve the limited English proficient communities there.
8
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
During this grant term, we will strengthen the presence ofL V A by premiering our new program at our
Key West library location. We will involve other educational and social service organizations in the
community that support literacy as we explore areas for future program funding.
Creating Library Customers
We are designing library literacy to attract and create new library customers. We stlrtwith the training
of new tutors who, as part of their certification, will have a section of their training devoted to
instructing students on how to connect to library resources as well as educating them on our new
Soutbemmost literacy Book Oub, encouraging new tutors as well as existing tutors to work
together with their students as new book club members, utilizing all three parts of the program _
People and Stories-Florida Memory-and Read and Write Around Florida.
Librarians would be a natural presence at the Book Club events. They would be available to sign up
new borrowers, provide book recommendations and refer participants to other library resources.
LV A volunteers and instructors will promote library use on a daily basis with students. Tutors and
adult educators ate important people. who make the difference on whether students become lifelong
library consumers.
As most of the students targeted with this program speak little or no English, which naturally makes it
difficult to utilize library services, this project will enable a new population to access a service not
previously available, in a student friendly environment. It will encourage their progress in order to
make the library literacy experience a familiar one. Built into the program design is instilling in these
new users a love of the library which should assist in their evolution into regular library consumers
who view the library as a lifelong learning center.
9
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and other Persons Having Difficulty Using Libraries
Mid-year evaluations by students, tutors and librarians will be distributed. Recommendations for
change will be incorporated into the second half of the grant period.
10
Monroe County Public Library
Southernmost Uteracy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
Inputs
Contractors
Literacy Volunteers of America Inc. of Monroe County is a private, not-for-profit literacy provider
that matches volunteer tutors with students who are in need of improving basic literacy skills. There
are 100 volunteer tutors in Monroe County. Last year LV A assisted 186 students in achieving personal
goals through increased literacy skills. Many students are already library customers, and those who are
riot will be targeted as new customers. Student goals included:
. learning to read and write for personal
satisfaction,
. obtaining employment,
. obtaining better employment,
. obtaining a library card,
. obtaining a driver's license,
. learning to speak in English to one's
children's teacher
. obtaining citizenship
. increasing confidence
. progressmg to a program of higher
education.
11
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
LVA programs include Basic READ, ESL, Family Literacy and Workplace Literacy. All LVA
tutors will receive special training to teach their students to access and use library resources,
such as family programs, e-govemment help, and historical archives.
Staff
Library Administrator, Anne Layton Rice will serve as the Grant Project Lead, writing reports,
overseeing expenditures, coordinating with contract vendors, and publicizing the grant.
Circulation Librarian, Kris Neihouse, has led numerous book clubs and meet-the-author
events. She would schedule the Literacy book club meetings and represent the Library at the
events. A Reference Librarian would provide assistance with word processing software.
Library cataloging staff would create MARC records for materials purchased or created for the
grant and submit the records to DCLC for inclusiotl in the WorldCat database.
Students
Annually LV A served 186 students last year. Currently, and at any given time, LV A has 40 to
70 students enrolled. All students enrolled at the time this grant begins will be directed to the
Southernmost Literacy Book Club. Additionally, new students who are enrolled throughout
fiscal 2009-2010 will be directed to this new program.
Training
All LV A certified tutors in Key West will be invited to be trained to assist students in utilizing
this new program. In addition to the regular training that new tutors will receive throughout
fiscal 2009-2010, tutors will receive a minimum of two hours additional training in the
12
Monroe County Public Library
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
utilization of the Southernmost Literacy Book Club as an instructional tool to use with their
intennediate to advance level students.
LVA's standardized English as a Second Language and Basic READ trainings have been
developed by LV A National for use on local, state and national levels. They have been time
proven to effectively teach both students for whom English is their fIrst language as well as
speakers of other languages to increase literacy skills. LV A lead trainers Mary Casanova and
Sharon Plezia have over 30 years of combined experience in certifying volunteers. LV A
philosophy and methodology advocates a student-centered approach using real-life materials
placed in context with the learner's needs, goals and learning profIciencies.
Facilities
For the purposes of the f1!'St year of this grant, we are focusing on our Key West library branch
for provision of services through the Library Literacy Book Club, using it as a prototype for
expansion to the other library locations after a full year has been completed. The Key West
Library maintains a fully-equipped auditorium that can accommodate up to 80 persons. A
mobile computer training lab (from our 2000 ISfA grant) is available for word processing
training and use.
Materials
Materials targeted towards the goals, needs and learning profIciencies of students will be
provided at the Key West library branch to include LVA tutor and student intake forms.
Twenty copies of '''The Complete Short Stories of Ernest Hemingway" will be purchased to
compliment the "Literature through Literacy" component of the Book Club. (20 x $14.96
13
Monroe County Public Library
Southernmost Uteracy Book Club:
Library SelVices for Limited English Proficient and Other Persons Having Difficulty Using Libraries
=$299.20 excluding shipping through Amazon). The library has a variety of popular adult
learner items which include:
+ Living Language audiotape and booklet sets. Example title: "English for the Real World"
for speakers of Spanish, available for begirmers, intermediate and advanced learners.
+ The Thumbprint Mysteries series. This unique series offers quality mystery fiction for
adults who want to read at their appropriate skiIllevels.
+ Recorded Books SmartReader and SteadyReader senes. SmartReader sets include
audiotapes recorded at two speeds with a read-along book. Topics include biographies,
mysteries and fiction. SteadyReaders are unabridged recordings (narrated 10-15% slower
than standard) with a read-along book.
An LV A tutor writes about the project's effect on her ESL students. "I think the most
important result was that being welcomed at the library made them feel more included in our
community. They have library cards! And it's free.. .they checked out (materials) ranging from
. Greek and Roman history to the Everglades to Learning to Read... Thank you for providing
such a positive experience for these hardworking. interesting people."
Publicity
LV A has over the past 24 years developed a very good working relationship with the local
media in Key West, including the Key West Citizen, Lower Keys Barometer, Keynoter, Conch
Color, Key West the Newspaper, Clear Channel Radio Stations (WEOW, WKEY, WAlL,
WKWF), WWUS, WCNK, WFFG, WI1S, WKIZ and Comcast Cable. LVA's Executive
14
. Monroe County Public Ubrary
Southernmost Literacy Book Club:
Library Services for Limited English Proficient and Other Persons Having Difficulty Using Libraries
Director and Board President are both professional advertising writers who will assure
information dissemination about this new program through no-cost publicity releases and
public service announcements will be ongoing throughout this grant.
15
ACTION PLAN
Project Activities /Timeline
./ CREATE CONTRACTUAL AGREEMENT WITH LVA
Responsible Person: Library Administrator.
Estimated Date of Completion: October 1,2009. Upon notification of award, a contractual
agreement will be made between Monroe County Public Library and sole source vendor Literacy
Volunteers of America-Monroe County, Inc., with a schedule of payments and outline of services
provided drawn up, agreed upon and signed by October 1,2009.
./ PREPARE AND PRESENT PROGRAM COMPONENTS FOR SOUTHERNMOST
LITERACY BOOK CLUB
Responsible Person: LV A Executive Director
Estimated Dates of Completion:
October 31,2009 for the Pictures and Stories component
November 30, 2009 for the Literary Luminaries component
December 31,2009 for the Literature through Literacy component December 31, 2009 for short story
volumes purchased for program use During the first quarter, library staff in concert with LV A will
establish three program components under the umbrella of The Southernmost Literacy Book Club to
16
include Pictures and Stories, Literary Luminaries, and Literature through Literacy.
All grant materials purchased or created will be catalogued and submitted to OCLC for inclusion in
the W orldCat database.
LV A will set up a schedule to interface with library staff to hold activities on a varying weekly, monthly
and bi-monthly basis to include short story discussion groups, storytelling sessions, online writing
activities, book and poetry readings and a poetry and/or essay contest. New opportunities for
practicing English for new language learners will be incorporated in activities. 20 copies of The Short
Stories of Ernest Hemingway will be purchased for learner use for the Literature through Literary portion
of this initiative.
We intend The Southernmost Literary Book Club to build on the foundation created by the LSTA grant
awarded in 2002. It will serve as the umbrella under which will reside a three component initiative
designed to enhance literacy services offered at the Key West library branch by offering not only
English literacy instruction but "the next step" for new language learners - a vehicle by which they
may, with their newfound literacy skills, begin to more fully understand, appreciate and communicate
thoughts and opinions about the content of the literature they read and discuss -_ for some students,
for the first time ever. 1bis project will include learner participation in short story discussions that
encourage the practicing new communication skills through activities to include reading out loud,
paired reading and choral reading. 1bis program will also offer opportunities to improve writing skills
in the context of learning more about great literature, with authentic writing activities to be completed
both on and offline, designed to strengthen the personal relationship learners have with their local
library. 1bis project additionally intends to attract and add new non-traditional library customers while
at the same time encouraging existing customers to use Monroe County Public Library resources more
17
frequently. The S outhemmost Literary Book Club will be the umbrella under which will reside a synergy of
three programs:
.:. Literacy Luminaries
Inspired by the highly successful "People and Stories" model, this program will create greater public
access to literature for populations often excluded (such as immigrant students enrolled at LV A, and
those without high school diplomas), bringing local poets, writers and storytellers to the Key West
library branch to present and share their work. Bi-monthly presentations of a minimum of one hour
and maximum of two will be made to the new language learner audience as well as the general public.
These sessions will be facilitated by library and LV A staff including Circulation Librarian, Kris
Neihouse, who has led numerous book clubs and meet-the-author events. We anticipate up to ten
student attendees for each session. Tutors who attend with learners will incorporate the work of
visiting luminaries into their English literacy instruction sessions, allowing learners to use their own
words and draw upon their own experiences in discussing short story writing, poetry, and stories told
by storytellers. As learners examine the poetics, issues and the values the stories explore, they will
acquire new vocabulary in a literate and literary context. Bi-monthly communications advising LV A
tutors and students of guest writers and poets will be disseminated to the list of 100 LV A tutors in the
Lower Keys each time there is a speaking engagement. Additionally, notices will be submitted for
inclusion in the Friends of the Library newsletter. We plan a minimum of six guest
authors / poets / storytellers participating in the Literary Luminaries program for the first year, however,
we are hopeful for more than six. Speaking engagements will be a minimum of one hour maximum
two hour increments.
18
.:. Pictures and Stories
TIlls program is based on the popular Florida Memory model that is already online which targets
learners interested in Florida history. Florida Memory is part of the Florida Electronic Library which
will also be promoted as part of this program. The writing tool is part of the online classroom at
http://\\-ww.floridamemory.com/ OnlineClassroom/.
TIlls program will have a local focus on the Florida Keys. This program will introduce an online
writing component, using Florida's rich photographic history to complement stories. Writing activities
will include writing about what learners see, learners having at their disposal a selection of photos
based on themes oflocal and larger scope interest (i.e., Key West, Hurricanes, Lighthouses, Civil
Rights). Those learners wishing to use the Florida Memory project's "Writing Around Florida" page
will choose a photo, and be asked questions to prompt a critical thinking response to incorporate into
a writing exercise. Additionally, learners may wish to bring their own photos or artwork to write about,
and choose between working on or offline. Learners will be encouraged to bring personal pictures of
family members, pets and local places to combine with personal stories that have special meaning for
them, utilizing the language experience approach (LEA) approach. By participating in the Pictures and
Stories writing component GfThe Southernmost Literacy Book Club, Montoe County adults will
improve their writing skills and gain confidence. Pictures and Stories will be encouraged for use by
tutors as an exercise to use with students when they meet for lessons for a recommended one half
hour writing exercise on a bi-weekly basis. Additionally, the curriculum librarian, LV A director and/ or
LV A Lower Keys Coordinator will facilitate a monthly Pictures and Stories writing class. Much like
Literary Luminaries, monthly communications advising LV A tutors and students of writing classes will
be disseminated to the list of 100 LV A tutors in the Lower Keys each time there is a class scheduled.
19
Additionally, notices will be submitted for inclusion in the Friends of the Library newsletter. We plan
a minimum of six facilitated sessions for the first year. Each session will be a minimum one hour,
maximum two. Additionally, this program will have an independent study component, so that the
LV A halhnark of "flexibility of scheduling" is provided with a library home base, thus assuring learners
the freedom to work on their personal writing online utilizing the Florida Memory page whenever they
choose, so long as the library is open and there is internet access.
.:. Literature Through Literacy
A localized adaptation of the successful Read and Write Around Florida model, this program
offers short story discussions for English language learners, offering traditional library
programming-the book discussion-to adults learning English. These discussions will be targeted to
learners eager to practice their conversation skills, new or hesitant readers of English, and adult
English learners participating in family literacy. A facilitator utilizing the Read and Write Around
Florida training manual (either curriculum librarian, LV A director, coordinator or LV A volunteer) will
facilitate bi-monthly discussion groups with intermediate to advanced level adult English language
learners. Discussion groups will be open to the general public. We will begin with Ernest
Hemingway's ((Old Man At The Bridge." Additional stories will be selected by library and LV A staff,
based on the language level of participating students, for a total of six facilitated, one-hour sessions for
the first year.
The role of library staff will be critical to the success of this program; the Key West library's
curriculum librarian will be important in the implementation, scheduling and execution of this project,
as will be participation by both LV A tutors and students invited to attend programs.
20
We view it higWy important to establish a stronger relationship between learners and the children's and
reference librarians. Building trust and relationships in a cutback environment, where our library is
now closed on Mondays, will require some strategic planning. The LV A director has suggested we
include in our program plan an annual covered dish day for library staff from new language learners
enrolled in LV A programs to introduce library staff to new tutors and their students and promote
friendship and relationship building.
Upon notification of award and after program startup, membership cards will be made available to
join The Southemmost Literacy Book Club at the Key West community library branch. These
cards will be made available to LV A tutors, learners and the general public targeted towards library
patrons of diverse cultural backgrounds as well as any new library customer who wishes to participate.
We will closely watch the comfort level of participants when mixing new language learners with
English language speakers.
-/ PREPARE AND PRESENT ENGLISH AS A SECOND LANGUAGE AND BASIC
READ PROGRAMS EDUCATIONAL PROGRAMS
Responsible Person: LV A Executive Director
Estimated Date of Completion: December 31, 2009 or earlier
Applications will continue to be made available for LV A Basic READ and ESL programs on site at
the Key West library branch. LV A staff will set up a schedule to interface with library staff to pick up
completed applications and conduct testing for students. Tutors will be matched with students on a
one-to-one and small group basis and tutoring sessions of no less than two hours per week will take
place both on and off-site with a student-centered approach as students set personal goals to work on
21
through increased literacy skills. New learners will be introduced to adult learner collections at the Key
West community library branch. These materials include easy reading with adult themes. Especially
helpful are the Living Language audiotape and booklet sets, the Thumbprint Mystery Series and
Recorded Books SmartReader and SteadyReader series. Tutors will be trained to assist students in
availing themselves of these and other library resource materials.
./ RECRUIT AND TRAIN TUTORS/RECRUIT AND ENROLL STUDENTS
Responsible Person: LV A Executive Director
Estimated Time of Completion: September 30, 2010
· A minimum of one and maximum of three tutor training workshop certifications will be
held to certify volunteers in the LV A ESL program and to train new tutors on the use of
the three components under The Southernmost Literacy Book Club umbrella.
· A minimum of one tutor in-service will be held to educate current tutors of the benefits of .
including instructional elements present through the three program components into
tutoring lessons with learners.
· A minimum of 15 and maximum of 30 tutors will be trained to assist limited English
proficient students gain strength in English by conversational practice related to the
program.
. A minimum of 1 00 learners will have been recruited, intaked and placed on LV A's
waiting list for a tutor.
22
· A minimum of 50% or 50 learners will work on a one-to-one basis with a trained, certified
LV A tutor on improvement of literacy skills.
· A minimum of 50% or 25 of those students matched with a tutor will complete student
self evaluation forms.
· A minimum of 70% of student self-evaluations received or 17 will indicate student
perceived progress as evidenced by gains in skill levels and achievement of personal goals
through increased literacy skills.
· A minimum of70% or 18 student self-reports will indicate increased skills at accessing
library resources.
· A minimum of 50% or 25 student files will reflect progress as indicated by gains on
standardized testing including ESOLA (English as a Second Language Oral
Assessment), Basic READ (Reading Evaluation Adult Diagnosis), tutor reporting
and/or student reporting and/or pre- and post-comparative writing samples.
At least one tutor training workshop will be scheduled on-site at the Key West library. The
tutor training workshop will be one day in length and will be offered throughout the length
of the project. Tutor training sessions will teach members of the community how to
differentiate between a Level 1 and Level 4 student, become familiar with what a
23
kinesthetic, tactual and visual learner is, and, how to administer pre- and post- E.S.O.L.A.
oral assessments. An important part of the tutor training workshop will focus on assisting
LV A students to access library resources at the Key West library and encourage tutors to
enroll students in The Southernmost Literacy Book Club
Student recruitment is already ongoing, achieved through word of mouth and referrals from
many social service and educational agencies countywide. Student recruitment is also
achieved by featuring "Student of the Month" photos and stories about student success
stories in the local newspapers.
A mid-year survey will be conducted to assess student, tutor, and staff participation in these
programs. During the second half of the grant period, recommended changes will be
incorporated
~ PROMOTEANDPUBUC~E
Responsible Person: Library Administrator and LV A Director
Estimated Date of Completion: September 30, 2010
The library and LV A will work closely together to promote this project and to position the library
as a lifelong learning center. By October 31, 2009 or before, LV A Director and Library
Administrator will coordinate convenient times to schedule a p~lOto opportunity to assist in
publicizing the premier of new literacy services at Key West. By December 31, 2009 photos will
have been taken of library staff and literacy students at the Key West library branch of the
Monroe County library system with accompanying stories written, approved and prepared for
24
submission to newspapers in the lower keys including Key West Citizen, Key West Keynoter, Key
West the Newspaper, Big Pine News Barometer, Celebrate and Miami Herald. In addition, public
service announcements will be written, approved and prepared for submission to radio stations
between mile markers 0 - 47 including WKEY, WWUS, WKFZ, WCTH, WKEZ, WCNK,
WPIK AND WMKL to promote program expansion and inform perspective students that they
will be able to access enhanced literacy services the Key West branch. In addition, photos and
stories will be submitted to the Key West Friends of the Library newsletter, as well as directed,
with student stories, to local and state legislators. At four weeks prior to a tutor training
workshop, publicity releases will be sent to all local newspapers. After every tutor training
workshop, a class photo will be taken and submitted with a story to local papers. "Student and
Tutor of the month" will be featured and submitted to local newspapers.
A two-page fact sheet will be provided that can be shared with other literacy programs and
libraries who want to replicate this program to also share our lessons learned.
./ SUST AINABILlTY
The Monroe County Public Library gave birth to the first literacy program in the county in
1984. The program has been sustained and is growing.
In a city where 23.65% of the adult population is targeted by literacy services, there will
always be a need for literacy instruction in Key West. Likewise, there will always be the need
for volunteers to assist in tutoring on a one-to-one and small group basis.
History shows the library has partnered effectively with many agencies including the Monroe
County Sheriff's Department, Monroe County School System, AARP, Healthy Start, Healthy
25
Families, Literacy Volunteers and Zonta International in order to provide increased social
services within the community. LV A also partnered with these same agencies and diversifies
funding sources so that, since 1984, they have been able to sustain themselves. Last year LV A
received funding from the Sheriffs Asset Forfeiture Fund (SAFF), the Community
Foundation, Publix Foundation, Monroe County Social Services (Board of County
Commissioners) and local organizations and businesses sponsoring fund raising events such
as the Keys Bees Costumed Spelling Bee (Sunrise Rotary) and Battle of the Bars (Schooner
Wharf).
History has also proven that through collaboration and cooperation both the Monroe County
Public Library System and LV A have been able to sustain our programs in the past. If past
experience is any indication of future performance, we feel confident this project will able to be
sustained, as well as experience growth.
26
Library/Organization Name Monroe County Library System
Project Name The Southernmost Literacv Book Club - LIlJrary Services for Limited Eruilish
Proficient and Others Havin~ Difficulty Using The Librnrv- Y ear One
I
BUDGET
(Round all amounts to nearest dollar. Add additional1ines if needed to include all information in a section.)
SALARIES & BENEFITS (All salaries to be paid
from federal or local sources)
POSITION TITLE F.T.E.
TOTAL SALARIES.............................................................. $
~
LOCAIJSTATE
MATCH
$
$
$
CONlRACTUAL SERVICES (List each vendor)
IiteracvVolunteen $ 9.499.00
TOTAL CONlRACTUAL SERVICES................................ $ 9499.00
LIBRARY MATERIAlS (fuclude types of materials to be purchased)
20 copies q"The SIwrt Stories ofEmest Hemingway $15.00 ea.
Plus shipping
Tuesdays withMaury 15 copies $ 9.99 per copy, no shipping_
TOTAL LIBRARY MATERIAlS........................................
SUPPUES (Specify)
Copier paper/printer car1ridgeslcard stock for makinl! club cards
TOTAL SUPPUES............. .......... ............. ................ ...........
TRA VEL................................................................................ ........
EQUIPMENT (Equipment and furniture with a useful life of
at least one year and a unit cost of$I,OOO or more)
TOTAL EQUIPMENT.......................................................... $
OTHER (SpecifY)
funooa~OIlmM~~atLVA $
TOTAL OTlJER................................................................... $
$
$
$ 350.00 $
150.00
$ 500 00 $
$ $ $200.00
$ $ S200.00
$ $
$
$
$
$ _$250.00
$
$250.00
TOTAL .................................................................. $ 9,999.00
lST A Application
DLlS/LST A01, Effective 11/2012001
+ $ 450.00
= $ 10,449
Budget Narrative
Even though this project does not require a match, Literacy Volunteers will make a fInancial
commitment to the project in the amount of $450.00 In addition, it will expend funds that are not
calculated, including such items as office space and furniture, use of computers and volunteer time
expended.
Office supplies (six reams of copier paper, one ream card stock paper, one black and white/one color
printer cartridge, 50 student notebooks) 200.00
Telephone (25% portion)
250.00
Total
$450.00
Explanation and JustifIcation for Expenditures:
Card stock and printing costs will be incurred for Southernmost Literacy Book Club membership
cards as well as cost for student notebooks for a minimum of 50 students. Telephone is a necessary
tool for the daily operation of LV A in Key West, included at 25% of LV A's annual bill, a percentage
derived at taking into consideration total grant contract is approximately 25% of total LV A annual
budget.
Contractual Services:
LS.T.A Local/State
Total
Literacy Volunteers of Monroe County
$9,4999.00
$9,4999.00
Explanation and Justification for Expenditures:
As a sole source provider of services, LV A will provide two part-time positions for this project These
include the Project Director (239 hours or approximately 5 hours per week at $28.85 per hour x 48
weeks, sub total $6,895.00, no benefits) and Lower Keys Coordinator (239 hours or approximately 5
hours per week at $13.00 per hour x 48 weeks, sub total $3,105, no benefits) who will work for this
project. at flexible service delivery sites. Director will be responsible for much of the planning and
implementation of literacy activities interfacing with library staff on a countywide level as well as
working with Library Administrator on evaluation of the program. Lower Keys Coordinator will assist
with day-to-day operations conducting intakes, testing and coordinating work on all project reports.
Pro Literacy America states one full-time person is appropriate for covering 40 students, 25% of 40
hours is ten hours per week for ten students (covered with this grant)--,-still a modest number of
hours, considering the numbers of students to be targeted and served with this program.
Total Contractual Services~
$9,499.00
Library Materials:
LS.T .A.
Local/State
Total
20 copies, The Short Stones of Ernest Hemingwqy
@ 115 each plus shipping
$350.00
$350.00
15 copies, 'Tuesdqys with Maury" @ 19.99
per copy, 110 shipping
150.00
150.00
Total
$ 500.00
Explanation and justification for expenditures:
20 copies of The Short Stories of Ernest Hemingway and 15 copies of Tuesdays With Maury will be
utilized for the short story discussion component of this project by learners. Additionally, these sets of
books can be used multiple times.
Adult Paperback books will be checked out by LV A tutors working ESL students enrolled in
instructional one-to-one and small group tutoring to enable them to work with the te},.'tS to give
assignments and maintain study after learning sessions end. Tutors will check out additional materials
(videos and cassette tapes) as needed to supplement their lessons.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2010
Division:
County Administration
Bulk: Item: Yes --.X... No
Department: Proiect Management
Staff Contact PersonfPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Receipt ofmontWy report on change orders reviewed by the County
Administrator's Office.
ITEM BACKGROUND: There was one change order considered and approved by the County
Administrator for the period beginning March 1, 2010 and ending March 31, 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 montWy
report of all change orders considered by the County Administrator.
CONTRACVAGREEMENTCHANGES: 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 Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 7/09
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MONROE COUNTY ENGINEERING
CONTRACT CHANGE ORDER
PROJECT TITLE: Palm Drive (Baypoint) Bridge Repair Project
CHANGE ORDER NO: 1
INITIATION DATE: 3/12/2010
TO CONTRACTOR:
CONTRACT DATE: 10/21/2010
The Contract is changed as follows:
The original Contract Sum............ ...... .......................................... ........ ..$130,543.50
Net change by previously authorized Change Orders...................................$ 0.00
The Contract Sum prior to this Change Order was.. .. . .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. $130,543.50
The Contract Sum will be unchanoed by this Change Order........................ ...$ 0.00
The new Contract Sum including this Change Order is............. .................. ..$130,543.50
The Contract Time will be increased by...................................................... 8 Days
The date of Substantial Completion as of the date of this Change Order is ....... 215/2010
Detailed description of Change Order and justification:
Contractor was delayed as a result of the Christmas Holidays therefore changing the date of Substantial
Completion from 1/28/10 to 215/10.
This Chanae Order is % of the orialnal contract orlce. Not Aoollcable.
Not valid until sianed by Owner, Architect (if aoollcable), and Contractor
CONTRACTOR:
I~ / /,1 {
ENGINEERING SERVICES DIRECTOR: ,rc'~{t::t-I
J dith S. Clarke, P.E.
PUBLIC WORKS DIVISION DIRECTOR: .t::r.~ ~.
o lerce
COUNTY/DEPUTY ADMINISTRATO~ clrz'cj (
CMD007-11i03i97
~
~. .
~>~o
ate I'
.5/;6U()
/ Date'
CHARLEY TOPPINO & SONS, INC.
P.O. BOX 787 KEY WEST, FLORIDA 33041 (305) 296.5606 FAX (305) 296-5189
Judith Clark
Monroe County
Engineering Department
1100 Simonton Street
Key West, FL 33040
February 19, 2010
SUBJECT:
Palm Dr Bridge Repair
Project #: 0919
REQUEST FOR TIME EXTENSION: Palm Dr. Bridge Repair
Dear Ms. Clark;
The purpose of this letter is to request that the completion time for the Palm Drive Bridge Repair
project be extended to the date of February 5,2010. Due to the Christmas and New Years
Holidays, valuable production time was lost and we are requesting that the completion time be
increased by 8 days resulting in a new completion time of February 5,2010.
Thank you for your consideration in this matter.
Sincerely;
CHARLEY TOPPINO & SONS, INC.
~JArrC0
Ronald J. Armstrong
Project Manager
Cc: Clark Briggs
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
TO: Board of County Commissioners
From: Debbie Frederick
Deputy County Administrator
Date: March 15, 2010
RE: Change Orders
Attached Is a proposed change order for Charley Toppino & Sons, Inc. (Change
order #1, is for a no cost time extension of 8 days. This change order replaces
Change Order #1 previously sent on 3/11/10 for a 6 day time extension).
According to the ordinance adopted by the Board of County Commissioners,
proposed change orders are to be presented to members of the Board of County
Commissioners prior to approval, assuming they are within the Administrator's
prescribed limits. Change orders not within the Administrator's authority are
placed on the BOCC agenda.
The Administrator/Deputy Administrator intends to approve this change order on
Tuesday, March 16, 2010.
~nr.r
Dc i. Frederick
Deputy County Administrator
DF:ade
POI 00031289
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
PAGE NO. 1
+-----------------------------+
I PUR C HAS E 0 ROE R I
+-----------------~-----------+
COUNTY SALES TAX EXEMPT NUMBER:
85-8013825294C-7
VENDOR:
001571 '
CHARLEY TOPPINO & SONS, [NC.
PO BOX 787
KEY WEST FL 33041 0787
SHIP TO:
MONROE COUNTY ENGINEERING DEPT
1100 SIMONTON ST 2NDFL ROOM 2-215
KEY WESTb FL 33040
ATTN: ,JU Y LAYNE
ATTN:
DATE: 01/29/10 BUYER:ENG-JUDY LAYNE
TERMS:NET 30 DAYS FOB:
ITEM' QNTY UOM DESCRIPTION
REQ'. NO: 00027520 RQ:
DESC:PALM DRIVE BRIDGE REP
UNIT PRICE EXTENSION
Jl
1.00 EA PALM DRIVE BRIDGE REPAIR PROJECT BO 130543.5000
AWARD DATE 10-21-2009 ITEHIC32
130,543. '50
, \0
7W'\
PAGE 1 TOTAL:
PO TOTAL;
.I\MOUNT PROJ CD
130,543.50 GM0902
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 04/21/1 0
Division: TECHNICAL SERVICES
Bulk Item: Yes l No
Department: TECHNICAL SERVICES
Staff Contact Person/Phone #: Bob Ward 453-8792
AGENDA ITEM WORDING:
Approval of Amendment # CTX-000-cgodfrey-S-026 to the Microsoft Enterprise
EnroUment State and Local Agreement entered into on March 17,2010.
ITEM BACKGROUND: Monroe County BOCC is currently enrolled in the Microsoft
Volume Licensing Program with an ID of7327188 under the State of Florida Contract #
255-001-01-1 with master agreement # 01E61767 and has a contract for a three year
renewal with sm International Corp which was approved at the previous board meeting
last month. By filing our paperwork early with Microsoft, the County will receive 2
months additional time on our contract at no charge. This amendment was not presented
to the BOCC in March because sm did not forward the amendment to the County until
after the March 17,2010 meeting. Technical Services is presently attempting to negotiate
for an additional free month of service.
PREVIOUS RELEVANT BOCC ACTION: Approval of Microsoft Volume
Licensing Agreement # 01E61767 on March 17,2010.
CONTRACT/AGREEMENT CHANGES: Two (2) month extension of term to
original Microsoft Volume Licensing Enrollment Agreement at no cost for early renewal
paperwork filing.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
$0.00
BUDGETED: Yes -L No
COST TO COUNTY: $0.00
Valorem
SOURCE OF FUNDS: Primarily Ad
REVENUEPRODUCING: Yes NoX ~UNTPERMONm Year
APPROVED BY: County Atty ~~ng _ Risk Management It ~
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
CONTRACT SUMMARY
Contract with: Microsoft via SID Contract # CTX -000-cgodfrey-S-026
Effective Date: 07/01/10
Expiration Date: 08/31/13
Contract Purpose/Description:
2 month extension to 3 Year Renewal for Microsoft Volume License Agreement
under State of Florida Department of Managed Services Master Agreement 01E61767
Contract Manager: Lisa Druckemiller 5100 Technical Services/5B
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/1 0 Agenda Deadline: 04/07/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 0.00
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 0.00
DD I - 05DOJ,- ??05l.6 -
- -
--
- -
--
- -
--
- -
--
ADDITIONAL COSTS
Estimated Ongoing Costs: $ O.OO/yr For: Microsoft VLA Term Extension
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
~i0
Division Director ~
Risk Man~ment LtJ:JD
fJlt.. ~ )i\\J
O.M.B./Pui'ch~ing Y-iD -10
County Attorney 1-6 -/ 0
Changes
Needed
YesD No
YesD NOe('
'~
YesDNcdJ . '.
YesDNo0" ~
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
Microsoft Volume License Agreement
Amendment # CTX-000-cgodfrey-S-026
Master Agreement # 01E61767
Technical Services
Monroe County HaCC
April 21. 2010
Item Background
The County renewed its Microsoft Volume Licensing Enrollment with Microsoft at
the March 17. 2010 HaCC meeting. As part of that renewal. the BaeC agreed to
present its paperwork for renewal earlier than the June 30, 2010 deadline. In doing
so, Microsoft agreed to provide up to 3 additional months extension to the 36-month
term of the licensing agreement depending on when our agreement was submitted.
However. the amendment that would solidify the additional extension did go to the
HOCC in March because it was not provided to technical services until after the
HaCC meeting.
This amendment provides for a 2-month extension of the agreement at no charge to
the county. Technical Services is in the process of negotiations with SHI and
Microsoft to grant us the full 3 months of extended time on the renewal. If technical
services is able to secure the full 3-month extension, it will be presented to the
HOCC.
Staff Recommendation
Technical Services recommends that the Monroe County Hoard of County
Commissioners approve this Microsoft Enterprise Enrollment - State and Local
Amendment # CTX-000-cgodfrey-S-026.
AficlOsolt.1 Volume Licensing
Microsoft Enterprise Enrollment - State and Local
Amendment
EnroUment nwnber I
Microsoft to complete
Amendment 10 I CTX-
000-cgodfrey-S-026
10 Number
Microsoft to complete
This amendment is entered into between the customer and Microsoft affiliate signing, as of the effective
date identified below. All terms used but not defined will have the same meanings as in the Microsoft
Enterprise Enrollment identified above "the enrollment.. The following terms and conditions amend the
terms and conditions of the enrollment identified above, but only with respect to the customer identified
below and only for purposes of this enrollment.
Amendment
Customer and Microsoft both wish to renew Customer's prior Microsoft Enterprise Enrollment by
submitting the enrollment amended hereby, and the renewal may be executed earlier than the timeline
required by the Microsoft Enterprise Agreement. Notwithstanding the date it is executed by the parties,
the effective date of this enrollment will be one day following the expiration of the prior enrollment. All
orders referenced below in this amendment shall become effective as of the renewal date.
Because Customer has agreed to execute and submit its renewal on or before the last day of
April 2010, a full 2 months prior to the renewal's effective date, then notwithstanding anything to the
contrary in the Microsoft Enterprise Enrollment, the term of the enrollment shall be 38 full calendar
months. It could be terminated earlier or renewed as provided in the Microsoft Enterprise Agreement.
Microsoft will advise Customer of the renewal options before it expires. A 36-month reference price of
the renewal order has been used for the renewal, notwithstanding the actual number of months the
term is extended hereby.
As a condition of the extended term and special reference price provided hereby, we must receive your
fully-executed copy of this amendment and the enrollment, along with the reseller's purchase order, no
later than April 30, 2010 or this amendment shall expire and become null and void.
Except for changes made by this amendment, all terms of this enrollment remain unchanged. By
signing below, the parties agree to be bound by the terms of this amendment.
Customer I Contracting Microsoft Affiliate
Name of Entity *
Microsoft Licensing, GP
Signature * Signature
Printed Name * Printed Name
Printed nUe * Printed TiUe
Signature Date * Signature Date
(date Microsoft affiliate countersigns)
Effective Date
* indicates required field (may be different than our signature date)
Microsoft Enterprise Enrollment v6.X SLG
(North America)(English) March 26, 2010
SO
Page 1012
EE Amend Early Commit
CTX
Please sign this amendment and send it with your enrollment to your reseller. Your reseller must
submit it to the following address. When the amendment is fully signed, you will receive a confirming
copy.
Microsoft Licensing, GP
Dept 551, Volume Ucensing
6100 Neil Road, Suite 210
Reno, Nevada USA89511-1137
I Prepared By: CJ Godfrey, Ucensing Specialist
Microsoft Enterprise Enrollment v6X SLG
(North America)(English) March 26,2010
EE Amend Early Commit
CTX
SO
Page2of2
. .
~JJ'('-~; ~o~; ,;'F---':;,::: .:- "'_',~~-~' ':~"-':,:':,'" _"\~'._:, :', ~:.'O. "",' _ ~ " " : "" _ ~ . ',~,'_ ' ,_>~"'--::
- - --
~ -"7 . ~ - _ _ _ ._
- , -
. . ~ ~ - - -- ~ - - - - - ~ . . - .,-,
- ' -
;; .:--- - ~ =-' -~ ~~~~;'~-;- -.-.- J ~:.~~~:. --~-~ -. - ~ - ~ -- _ - ~ __- .,.-,~- >\ '=;.. _ ~:'~r;~~~... ~
&
Electronic Document Submission Authorization
By signing below, you agree that the accompanying contract documentation is authorized
to be submitted to Microsoft Licensing, G.P. via electronic means.
Additionally, you acknowledge and consent that:
· The electronically submitted version of the contract document(s} is a legally binding
arrangement, and that no other copies of the agreement will be processed.
· Upon execution by Microsoft, the contract documentation will be returned to you
with an original Microsoft signature on your non-original signature document.
Customer Name
MONROE COUNTY ATTORNEY
PR VEO AS Tg...FpRM:
. te. VLa
NATllEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date ~ o/.!:JJ lID
;r
- - - ~,",--j;:...7~"""""'f'':::''-,.<7-'7;~-~''''''''''Ac;;:-...,.,''.ti;
Ir/lHW/JtrVf Solutions,_lVatld (/tIH.5uppurt., .. ' <r S Of i W Po 'f(r; :'-' '. .
..
Pricing Proposal
Quolallon #; 3574068
Created On: Feb-15-2010
Valid Until: Mar-31-2010
Monroe County
Account Executive
Bob Watd
Phone:
Fax;
EmaI: ward .bob@monrollCounty-n.gov
Daniel Bellinger
100 North Tampa Streel
Sulle 3620
Phone: 813.342.8532
Fax; 732.868.6055
etnai: DanleLBeIlinger@shi.com
All Prices are in US DoIlar{USD)
Product
QIy 'four Price
Total
MS Enterprise Desktop': Full Plalform Windows OSIOffice Pro/Core CAL w/SOl
MICROSOFT
Note: "Core CAL" bundle Includes Client Access Licenses lor Windows,
Exchange, SMS. and Share Point.
392 $285.81
$104,197.52
2 MJOP
MICROSOFT
392
57.56
$2.963.52
....-.....--.... ........... ...._.._...~- '-'-'_._'---~.', . . . -.-.. ...-....... .~
3 Windows SeIVer Detagenter per proc
MICROSOFT
10
$1,100.00
511,000.00
4 Windows Server Enterprise
MICROSOFT
$1.050,00
51.050.00
_.~..~. ..-...........-.---.
5 Windows SeIVer Standard
MICROSOFT
12
$330.00
53,960.00
..~--_..__. .,..,.... .~._--
6 SOL Server Standard
MICROSOFT
"'~.."---., .--.....--........-......-
5
5410.00
$2.050.00
........._-.-~. .. -.......... ".-'
. ..-.._._---~.._--_.~. -... -~....~._._.._._.... .._.__...~........,. ..--...
7 Exchange Server EnterprIse
MICROSOFT
51,850.00
$1.850.00
..w........~...._........_...___. . .....-..._......... ___....____ ......_~__.._<<_,_. '~..... .__....
8 FOl'8front Threat Management Gateway per proc
MICROSOFT
2
3600.00
S1,200.00
--....--. ...---....-.....
- --.., ..--. .. -....
9 Forefront Security Sllite per User
MICROSOFT
392
$26.00
510,192.00
...---...---.. .......-.....,....-......- .....~-_.._.......-.._.... ..-.......------.......--...--.. ..,.... .....--..-.....
10 System CenterConliguretlon Manager Server
MICROSOFT
5260.00
5260.00
....~_..__.~.,.._.......... . ......-_ "_'on '_'.._.._..
11 System Center Server Management Sulle per proe
MICROSOFT
10
S800.00
55,000.00
Total $144,723.04
Additional Comments
.. ..... -.-.,.~._,....... ,.......... . n_ .
'Please nole lhat SHI now has Adobe. Oracle, Symanlec. McAfee. Trend Micro and Corel under Slate Contract ~ 252-030-09-ACS.'
To process your order. you can a-man your request to florldaleam@shi.com. You can also fax ilta 732-868-6055. Please include a
contact e-mail address on all orders. as this Is reqUired by most venders.
.!>
lfiClOSoIt.1 Volume Licensing
Enterprise Signature Form
State and Local
Master Agreement number or I
Enrollment number*
I SGN-
ProposallD
Microsoft to complete if
app!irmble
*Note: Enter !he applicable active numbers associated with the below documents. Microsoft requires the associated active number be
indicated here, or listed below as new.
This signature form and all contract documents identified in the table below are entered into between the
Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Document Number or Code
Enterorise Enrollment Document Number or Code
<Choose One> Document Number or Code
<Choose One> Document Number or Code
<Choose One> Document Number or Code
Document Descriotion Document Number or Code
Document DescriDtion Document Number or Code
Document Description Document Number or Code
Document DescriDtion Document Number or Code
Document DescriDtion . . Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and
understand the above contract documents" including any websit~s. or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Microsoft Ucensing, GP
nature
aNa
rinted Title * Mayor /
Signature Date * j h / I 0
Printed Name
Printed Title
Signature Date
date Microsoft AflIllate countersigns)
Effective Date
(may be dllferenl than Microsoft's signature date)
Tax 10
* indicates required field
;.,jjOi~R0E COUI""-Y ATTOR1'~l~Y
PPROVED AS TO F. RM:
V
NATllEENE W. CASSEL
ASSISTANT COUNO'JY ATTORNEY
Date . ==; - B 1-/ .
ProgramSignFormGov(US)SLG(ENG){0c12009)
Page 1 of 2
"
Optional 2nd Customer signature or Outsourcer Signature (if applicable)
Customer I Outsourcer
Name of Entity *
Name of Entity *
Signature *
Printed Name"
Printed Title *
Signature Date"
Signature"
Printed Name *
Printed Title"
Signature Date *
If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form. if no media form is included, no physical media
will be sent.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer's
channel partner or Microsoft account manager who must submit them to the following address. When the
signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Licensing, GP
Dept. 551, Volume Licensing
6100 Nell Road, Suite 210
Reno, Nevada 89511-1137
USA
I Prepared By:
ProgramSlgnFormGov(US)SLG(ENG)(OC12009)
Page 2 of 2
,
)<
/1
^l\(;
',_.
Jf
Enterprise Enrollment (indirect)
Microsoft. I Volume Licensing
State and Local
Enterprise Agreement number
Reseller or Microsoft affHlate to
complete
Enrollment number
Microsoft affiliate to comptete
Reseller purchase order
number
Reseller to complete
Microsoft Business Agreement
number (if applicable)
Reseller or Microsoft affHlale to
complete
Previous Qualifying Enrollment
number
Rese/lar to complete
Previous Qualifying
Enrollment end date
ReseNer to 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 after 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 affiliate.
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 Enrollment
(Indirect)(North America) December 1,2005
Cover page
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 Information Form, (5) the product order as provided to us by the
reseller (6) the Media Order Fonn, and (7) the Core User CAL Terms and Conditions (if applicable).
Microsoft Licensing, GP
* indicates required fields
Signature date
(dale Microsoft affiliate countersigns)
Effective date
(may be different than our signature date)
Microsoft Volume Licensing web sites
(Note VJf:! '''Ill! dd..%e vou ul dlY dLngt:~ to lhe~e URLs )
Product use rights httD:/Imicrosoft.comllicensina
Product List http://microsoft.comlllcensina
Microsoft Volume Licensing SeNices (MVLS) https:/llicensina.microsoflcom/
lOOSSWOrd orotected site to view ordelll under this enrollment!
Customer guide http://mlcrosoft.com/llcensina/oroarams/
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:
.I2:?l Media Order Form (requlredl
0 Core User CAL Terms and Conditions, If aDolicable
0 MS Caoital Form. if applicable
CustDmer. Please remit to your reseller.
Reseller. Please remit to Microsoft.
MONROE COUI.s;-V ATTOm.jl::'v'
~PROVED ~IS ~M:-'
~C/.U-~
I'.JATILEEI\lE W. CASSEL
ASSISTANT COUNT" ATTOSPr-y
Date--!3-::.::JJ.:::..L'tJ - ~
Cover page --"'--~.-P6ge 2 of 11
SLG Microsoft Enterprise 6.4 Enrollment
(Indlrect)(North America) December 1, 2005
1. Contact information. Each party will notify the other in writing jf any of the information 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 others access to online
information.
Customer
Name of entity * Contact name ..
Monroe County BaCe Last Ward
First Bob
Street address * Contact email address (required for online access) .
1200Truman Ave ward-bob@monroecounty-f1.gov
City * State/Province .. Phone
Key West FL 305-453-8792
Country .. Postal code" Fax
USA 33040
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 information.
Notices and online access contact
IZI Same as primary contact
Name of entity Contact name
Last
First
Street address Contact email address (requIred for online access)
City State/Province Phone
Country Postal code Fax
SLG Microsoft Enterprise 6.4 Enrollment
(lndlrect)(North America) December 1, 2005
Contact information
Page 3 of 11
"
Language preference: This section designates the language in which you prefer to receive
notices.
I English
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 email address (required ror electronic notices)
City State/Province Phone
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
First
Street address Contact emall address (requIred ror electronIc notlces)
City State/Province Phone
Country Postal code Fax
SLG Microsoft Enterprise 6.4 Enrollment
(Indrrect)(North America) December 1, 2005
Contact information
Page 4 of 11
MSDN contact: This contact will receive communications concerning 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 email address (required for electronic notices)
City State/Province Phone
Country Postal code Fax
Microsoft account manager: This section designates your Microsoft account manager contact.
Microsoft account manager name
Microsoft account manager email address
@microsoft.com
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) December 1, 2005
Contact information
Page5of11
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 government
agencies, departments. or legal jurisdictions. Each affiliate must be entirely "in" or entirely "out. II 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 current affiliates wi/! be included in your enterprise.
Check only one of tile boxes in part (a).
~
D
You and all affiliates will be participating
You and the following affiliates will be participating (if no affiliates will be participating, write "none" on line 1)
(attach a list of names on a separate piece of paper If more than 5 affiliates are being Included):
2
3
4
5
D
You and all affiliates, except the following affiliates, will be participating (attach a list of names on a separate piece of
paper If more than 5 affiliales are being excluded):
2
3
4
5
b. Use this part (b) to indicate whether affiliates acquired after the enrol/ment effective date will
be incfuded. Unless you check the box below, all affiliates acquired after the enrollment
effective date that are not party to a Qualifying Enrollment of their own will automatically be
included.
.
Exclude all affiliates acquired after the enrollment effective date that are not party to a Qualifying Enrollment
of their own.
I
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect){North America) December 1, 2005
Enterprise order Information
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.
The options and their corresponding languages are identified here.
Arabic
Bulgarian
Chinese Simplified
Chinese Traditional
Croatian
English 1 Hebrew
Indic
Japanese
Korean
Portuguese (Brazil)
Romanian
Russian
Serbian
Spanish2
Thai
Turkish
Ukrainian
~ 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, Malla, 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)
2 Spanish is a Listed Language only if this enrollment is signed in Latin America and is otherwise Restricted
Language.
S French is a "Listed Language," if signed in Canada
Danish
Dutch
English 1
Finnish
French3
German
Greek
Italian
Norwegian
Portuguese (Portugal)
Spanish2
Swedish
Czech
Estonian
Hungarian
Latvian
lithuanian
Polish
Slovenian
Slovak
· 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 1n those languages.
· Select Extended languages to run your products in those languages.
· If you select the Listed or Extended Languages option you may run up to 10% of the
copies of each of your products in All Languages.
Check one box
~ Listed Languages
o All Languages
o Extended Languages
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) December 1. 2005
Enterprise order information
Page 7 of 11
'.
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 limit 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 indicated in this section will be your price level for the initial enrollment term for all
enterprise products you order and for any additional products in the same pool(s). Your price level for any
other additional products will be level "A".
Qualified desktops: You represent that the total number of qualified desktops
in your enterprise is, or will be increased to, this number during the initial term of 392
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 will be Increased to, this number during the initial term of this enrollment (This 392
number must be equal to at least 250 users).
Number of [ Price level
desktopsl users
250 to 2,399 A
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Quallfled Quallflad
Price level (for pools In which you desktop user
order an enterprise product): 0 0
Price level (for pools In which you
do not order an enterprise product):
Price level "A"
SLG Microsoft Enterprise 6.4 Enrollment
(lndirect)eNorth America) December 1, 2005
Enterprise order information
Page 8 of 11
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 reselier 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 will be invoiced at the next two anniversaries of the enrollment
effective date. We will 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 all three individual
products, you are licensing the Enterprise Desktop Professional Platform. If you select the Core CAL, you
must select either desktop or user licenses.
Enterprise Products Desktop User
Licenses Licenses
Windows Desktop Operating ~
System Upgrade
Office Professional 1 ~
Core Client Access License 1, Z 181 0
1 The components of the current versions of Office Professional, and the current versions of the components that
make up the Core CAL, are identified in the Product Ust.
2 If you select Core User CAL and the agreement identified on the cover page is version 6.1 or earlier,
the Core User CAL Terms and Conditions apply.
B. 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 reseller for additional products initially included in
your enrollment and covered by any true up order submitted during the initial term in total upon our
acceptance of your 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 Enterprise
Desktop Professional Platform or 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
http://www.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 time of your initial order than it is for some subsequent true ups and system refreshes
during the term of your enrollment.
SLG Microsoft Enterprise 6.4 Enrollment
(lndlrect)(North America) December 1. 2005
Enterprise order Information
Page9of11
10. Renewal orders.
For any 36-month renewal, your renewal order wlll 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
(Indirect)(North America) December 1, 2005
Enterprise order information
Page 10of11
Your reseller should complete the foflowing sections and sign this form where indicated
Genera/lnfDrmatlon
Reseller company name:
SHI International Corp.
Street address: (PO boxes will not be accepted)
33 Knightsbrid!:le Road
City and State I Province and postal code:
Piscatawav. NJ 08854
Country:
USA
Contact name:
Phone number:
Fax number:
EmaiJ address:
The undersigned confirms that the reselJer information is correct.
Name of reseller
Signature
Printed name
Printed title
Date
Changing a reseller. If we or your reseller choose to discontinue doing business with one another, you
must choose a replacement. If you intend to change your reseller, you must notify us and the former
reselJer, in writing on a form that we provide at least 30 days prior to the date on which the change is to
take effect. The change will take effect on the date it is executed by us. We will not unreasonably
withhold or delay our signature.
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) December 1, 2005
Reseller information form
Page 11 of 11
>.
SLG Enterprise and Enterprise Subscription Media Order Form
Media shipping information form - starter CD kit
Enrollment information Reseller contact
Agreement Company name:
number (Reseller or 01E61767 SHllnternational
Microsoft affiliate ~~
comnlete
Enrollment number Contact name:
(Microsoft affiliate ~~
comnlete
Customer contact Bob Ward Contact email:
Name:
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 ( . indicates required information)
I8l Same as notices contact in the enrDllment
Customer name ,. Contact name ,.
Monroe County SOCC Bob Ward
Street address" (no PO boxes accepted) Contact email address ,.
1200 Truman Ave ward-bob@monroecounty-f1.gov
City and State I Province ,. Contact phone number ,.
Key West, FL 305-453-8792
Country and postal code ,. Contact fax number
USA 33040
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 selecl 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 updates in the form of CDs, or upon reasonable notice, electronic download or similar other means. If
you need additional 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://selectug.mslicense.coml.
~
Yes, I want to receive a starter CD kit (media)
o
Yes. I want to subscribe to receive CD kit
updates
o
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 v6.4
(North America) (indirect) December 1, 2005
Page 1 of2
\ 'fo
SLG Enterprise and Enterprise Subscription Media Order Form
Media shipping information form - starter CD kit (continued)
Kon lPan-Chlnese
. Mapping Kit Is not available for use In or shipment 10 India, Hong Kong SAR, Macau SAR, China,
Morocco Pakistan. and TUrkey.
... Before installing any of the Multilanguage Packs. the English version of lI1e product musl first be
installed. If you order EngRshlMulblanguage. you must also order English.
.... Chinese Simplified Windows XP Professional is not available in the Enterprise Chinese Simplified
Kit and is only avaDable in certain countries. Contact your reseller for availability in your region.
'" Nol Available
SLG Microsoft Media Order Form v6A
(North America) (Indirect) December 1, 2005
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REVISED
Meeting Date: 04/21/10
Division: TECHNICAL SERVICES
Bulk Item: Yes X No
Department: TECHNICAL SERVICES
Staff Contact PersonIPhone #: Bob Ward 453-8792
AGENDA ITEM WORDING:
Approval of the Microsoft Enterprise Enrollment State and Local- Amendment # CTX-
OOO-cgodfrey-S-026 to the Microsoft Volume Licensing Agreement #OlE61767 and
corrected Enterprise Enrollment (indirect).
ITEM BACKGROUND: Monroe County BOCC is currently enrolled in the Microsoft Volume
Licensing Program with an 10 of 7327188 under the State of Florida Contract # 255-001-01-1
with master agreement # OlE61767 and has a contract for a three year renewal with sm
International Corp which was" approved at the previous board meeting last month. By filing our
paperwork early with Microsoft, the County will receive 2 months additional time on om
contract at no charge. Missing from the previous month's package was a copy of this addendum
and a corrected Enterprise Enrollment (indirect), which is attached for substitution of a form
erroneously given to staff: Both are presented for approval.
PREVIOUS RELEVANT BOCC ACTION: Approval of Microsoft Volume Licensing
Agreement # 01E61767 on March 17,2010
CONTRACT/AGREEl\fENT CHANGES: Two (2) month extension of term to original
Microsoft Volume Licensing Enrollment Agreement at no cost for early renewal paperwork
filing; and substitution of the correct form called a Enterprise Enrollment (indirect).
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
$0.00
BUDGETED: Yes l- No
COST TO COUNTY: $0.00
SOURCE OF FUNDS: Primarily Ad Valorem
REVENUE PRODUCING: Yes~ox AMOUNTPERMONTH_Year_
APPROVED BY: County Atty ~MBlPurChasing ~ Risk Management_
DOCUMENTATION: Included X
DISPOSITION:
Not Required () ~
AGENDA ITEM # '-J 10
Revised 11/06
Microsoft Volume License Agreement
Amendment # CTX-OOO-cgodfrey-S-026
Master Agreement # 01E61767
Technical Services
Monroe County BOCC
April 21, 2010
Item Background
The County renewed its Microsoft Volume Licensing Enrollment with Microsoft at the
March 17, 2010 BaCC meeting. As part of that renewal, the BaCC agreed to present its
paperwork for renewal earlier than the June 30, 2010 deadline. In doing so, Microsoft
agreed to provide up to 3 additional months extension to the 36 month term of the
licensing agreement depending on when our agreement was submitted
1bis amendment did not go up to the Board with the previous renewal contract as it was not
prepared in time for inclusion. As a result we must include this amendment with our paperwork
to receive the additional extension of time. We are in the process of negotiations with sm and
Microsoft to grant us the full 3 months of extended time on the renewal. If they provide us with
a new amendment that includes a three month extension verSUS this two month extension, we
will substitute it for this agreement.
In addition. Microsoft has advised that one of the documents previouslY apwoved was sent to
staff incorrectl.. The corrected document known as Ent rise Enrollment indirect a 12 >>a2C
form dated June 2007 is also before the BOCC in order to complete the aopropriate documents.
Staff Recommendation
Technical Services recommends that the Monroe County Board of County Commissioners
approve this Microsoft Enterprise Enrollment - State and Local Amendment # Cl'X-OOO-
cgodfrey-S-O 2 6.
/
CONTRAcrsUMMARY
Contract with:
Microsoft via SHI
Contract #
Effective Date:
Expiration Date:
C1J{-OOO-cgodfrey~-026
07/01/10
08/31/13
Contract Purpose/Description:
2 month extension to 3 Year Renewal for Microsoft Volume License Agreement
under State of Florida Deparbnent of Managed Services Master Agreement OlE61767
Contract Manager: Lisa Druckemiller
(Name)
5100
(Ext. )
Technical ServiceslSB
(Department/Stop #)
for BOCC meeting on
04/21/10
Agenda Deadline: 04/07/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 0.00
Budgeted? Yesl8l No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
0.00
--
- -
--
--
ADDITIONAL COSTS
Estimated Ongoing Costs: $ O.OO/yr For: Microsoft VLA Term Extension
(Not included in doDarvalue above) (eg. maintenance, utilities, janitorial. salaries. etc.)
CONTRACT REVIEW
Date In
Division Director ;/ /(9
V-t-,-!D
Date Out
Risk Management YesD NoD
YesDNos5
County Attorney 1~ If..ii) YesO No
.,/ .,/lJ
Comments:
OMB Form Revised 2/27/01 MCP #2
,~
Enterprise Enrollment (indJrect)
Afictosott'l Volume Licensing
State an,d Local
Framework 10
N36
Microsoft Business Agreement
num ber (if applicable)
Reseller or Microsoft affiliate to
complete
U0275474
Reseller purchase order
number
Reseller to complete
Enterprise Agreement number
Reseller or Microsoft affiliate to
complete
Enrollment number
Microsoft affiliate to complete
01E61767
Previous Qualifying Enrollment
number
Reseller to complete
Previous Qualifying
Enrollment end date
Reseller to 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," mean~ (i) an enterprise enrollment under a separate Microsoft Select Master
Agre~ment 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 after 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 affiliate.
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 Enrollment
(Indirect)(North America) June 2007
Cover page
N36
Page 1 of 12
This enrollment consists of (1) this cover page. (2) the Contact Information Page(s). (3) the Enterprise
order information. (4) the Reseller Information Form. (5) the Media Order Form. and (6) the Core User
CAL Terms and Conditions (if applicable).
Contracting Microsoft Affiliate
Name of entity ." Microsoft Ucenslng, GP
Monroe County sace
Signature * Signature
Printed name * Printed name
Printed title * Printed title
Mayor
Signature date '* Signature date
(date Microsoft affiliate countersigns)
Effective date
* indicates required fields (may be cfdferent than our signature date)
.
httD:/lmlcrosoft.comlllcensina
httD:/lmicrosoft.comllicensina
httos:/llicensina.microsoft.com/
htto:/lmicrosoft.comllicensinaloroaramsl
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, W A 98052 USA
Volume Licensing Group
(425) 936-7329 fax
Attachments:
Media Order Form freaulredl
Core User CAL Terms and ConditIons. If aDDlicable
MS CaDltal Form. If 8DDllcable
SLG Mirzosoft Enterprise 6.4 Ervollment
(Indlrect)(North America) June 2007
Cover page
N36
. .... ,- ... - COUI"'TY A'TTo-~r4._.
. ., :. "'~.: oJ c: J" r\ 1'" .~ -
~.;';'I~ QVE AS TO ~(I"
.:.~.TtL_Et..~E \N. CASSEL
f.~~SIST.t,NT cc:nJNTY ATTOFlNE.Y
r:&.:tG--4~---/O Pagtrrbf12
Customer:. Please remit to your reseller.
Reseller. Please remit to Microsoft.
1. Contact Information. Each party will notify the other In writing if any of the Information In
the following Contact Infarmatlon page(s) change. The fr 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 others access to online
information.
Postal code ..
33040
Contact name *
Last Ward
First Bob
Contact email address (required for online access) · ,
bob_warcJ@monroecounty-fl.gov
Phone
305-453-8792
Fax
Name of entity *
Monroe County soce
street address *
1200 Truman Ave
City *
Key West
Country ·
USA
State/Province ·
FL
Notices and online access contact information: Complete this only if you want to
designate a notices and online access contact different than the piimary contact. This contact wDl
become the default online administrator for this enrollment and receive all notices. This contact may
appoint other administrators and grant others access to online Information.
Notices and online access contact
~ Same as primary contact
Name of entity Contact name
Last
First
Street address Contact smail address (required far online access)
City StatelProvince Phone
Country Postal code Fax
SLG Microsoft Enterprise 6.4 Enrollment
<\ndirect)(North America) June 2007
Contact Information
N36
Page 3 of 12
Language preference: This section designates the language In which you prefer to receive
notices.
I English
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.
Electroni.c contractual notices contact
Name of entity Contact name
Last
First
Street address Contact email address (required for electronic notices)
City StateJProvince Phone
Counby 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
First
Street address Contact ernail address (required for electronJo notices)
City State/Province Phone
Country Postal code Fax
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) June 2007
COntact information
N36
Page 4 of 12
MSDN contact: This contact will receive communications concerning registration for MSDN
products ordered under this enrollment This contact:ls optional. If this contact is not completed, any
notices for MSDN will default to the notices and'online contact.
Name of entity
Contact name
Last
First
Contact email address (required for electronic noticeS)
Street address
City
statelPro~nce Phone
Country
Postal code Fax
Microsoft account manager: This section designates your Microsoft account manager contact
Microsoft account manager name
Microsoft account manager amall address
@mlcrosoft.com
SLG Microsoft Enterprise 6.4 Enrollment
<lndirect)(North America) June 2007
Contaot Infonnatlon
N36
Page 5 of 12
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 government
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 current affiliates 'Ilill be included in your enterprise,
Check only one of the boxes in part (a).
181 Only you (and no other affiliates) will be participating
o You and the following affiliates will be participating
(attach a rlSt of names on 8 separate piece of paper If more than 10 affiliates are being Included):
1
2
3
4
5
6
7
8
9
10
b. Use this part (b) to indicate whether affiliates vlith vvhich you consolidate after the enrollment
effective date vlill be included. Unless you check the box belo~"I, all affiliates you
consolidate with after the enrollment effective date that 3re not party to a Qualifying
Enrollment of their own VJil1 automatically be included.
&I -.
Exclude all affiliates consoJidated with after the enrollment effective date that are not party to a Qualifying
Enrollment of their own.
SLG Microsoft Enterpnse 6.4 Enrollment
(Indirect)(North hnerica) May 2007
Enterprise order infonnation
N36
Page 6 of 12
3. Se!ectlng your language option-
Select the option for the languages .in which you w11l run the products licensed under this enrollment.
The options and their corresponding languages are identified here.
Arabic
Bulgarian.
Chinese Simplified
Chinese Traditional
Croatian
English 1 Hebrew
Indie
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 counbies and a Restricted
Language if this enrollment is signed Inside these countries: Austria, Belgium, Cyprus, Czech Republic,
Denmark, Estonia, France, Rnland, Gennany, Greece, Hungary, Iceland, Ireland, Italy, latvia, lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, SlovakJa, Slovenia, United Kingdom,
SwItzerland, Sweden, or Spain. EngBsh Is a "listed Language- I except when resbicted as described In the
-Restricted Languages. list (see footnote 3)
2 SpanIsh is a Listed Language only if this enrollment is signed In Latin America and Is otherwise Restricted
Language.
3 French is a -Listed Language; If signed In Canada
Danish
Dutch
English 1
Finnish
French3
German
Greek
Italian
Norwegian
portuguese (portugal)
Spanish2
Swedish
Czech
Estonian
Hungarian-
Latvian
Uthuanian
Polish
Slovenian
Slovak
. 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 the listed or Extended Languages option you may run up to 10% of the
copies of each of your products in All Langua,ges.
Check one box
I8J Listed Languages
[] JUILanguages
o Extended Languages
51-G Microsoft Enterprise 6.4 EnroJlment
(lndlrect)(North America) May 2007
enterprise order Information
N36
Page 7 of 12
4. Language allocation.
. Provide us with your good faith estimate of the specific languages in which you' wil.run all copies of all
products and the approximate percentage of those copies you will run In each language. Infonnation that
you provide here does not limit 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 YDur price level.
The price level for enterprise products Is determined by the terms and conditions of the enterprise
agreement. Your price level for additional products will be level-D-.
Qualified desktops: You represent that the total number of qualified desktops
in your enterprise is, or will be increased to, this number during the initial term of 393
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 will be Increased to, this number during the Initial tenn of this enrollment (ThIs 393
number must be equal to at least 250 users).
SLG Miaosoft Enterprise 6.4 Enrollment
(Indirect)(North America) May 2007
Enterprise order Infannation
N36
Page 8 of 12
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 will be Inwiced at the next two anniversaries of the enrollment
effective date. We will 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 Core CAL, you must
select either desktop or user licenses.
Windows Desktop Operating ~
System Upgrade
Office Professional Plus 1 181
Office Enterprise 0
Office Enterprise SA Step-Up 0
from Office Professional Plus 1
Office Standard' 1 0
Core Client Access License 1,2 0 0
Enterprise Client Access 0 0
Ucense Suite 1,2 .
Enterprise Client Access
Ucense Suite SA Step-Up from 0 0
Core CAL1,2
Exchange Server Client Access ~ 0
Ucense Standard2
Exchange Server Client Access 0 0
Ucense Enterprise 2
Office SharePoint Server Client ~ 0
Access License Standard 2
Office SharePoint Server Client 0 0
Access License Enterprise2
Windows Server Client Access ~ 0
License 2
SLG Microsoft Enterprise 6.4 Enrollment
(Indirect)(North America) May 2007
Enterprise order information
N38
Page 9 of 12
..systems.Maaagement..server IZI
Configuration Management f
Ucense
Systems Center Operations 0
Manager Client Operations
Management License
Windows Terminal Services 0 0
Client Access License 2
Office Communication Server
Client Access License 0 0
Standard 2
Office Communication Server
Client Access License 0 0
Enterprise 2
SQL Server Client Access IZI 0
License 2
Microsoft Rights Management 0 0
Services
Microsoft Forefront Security 0 IZI
Suite
1 The components of the current versions of Office Professional, Office Standard and the current versions of the
components that make up the Core CAL, are Identified in the Product List.
2 If you select a User CAL and the agreement identified on the cover page is version 6.1 or earlier, the
Use~ CAL Terms and Conditions apply.
SLG Miaosoft Enterprise 6.4 Enrollment
(IndirectXNorth America) May 2007
Enterprise order infonnation
N36
Page 10 of 12
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 wUl Invoice your reseller for additional products initially Included in
your enrollment and covered by any true up order submitted during the Initial term in total upon our
acceptance of your 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:J/www.mlcrosoflcom/llcenslnQ. 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 time 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 Miaosoft Enterprise 6.4 Enrollment
(Indlrect)(North America) May 2007
Enterpr13e order informaUon
N36
Page 11 of 12
. . . ... .'
Your reseller should complete the follovving sections end sign this fornl \/'Jher8 indicated.
Genera/Information
ReseUer company name:
SHllntemational Corp
Street address: (PO boxes will not be accepted)
33 Knightsbridge Road
City and. State I Province and postal code:
Piscataway, NJ 0854
Country:
USA
Contact name:
Phone number:
888-764-8888
Fax number:
888-764-8889
Emall address:
msteam@shi.com
The undersigned confirms that the reseller Information is correct.
Name of reseller
SHllnternational Corp.
Signature
Printed name
Printed titJe
Date
SLG Microsoft Enterprise 6.4 Enrollment
(IndirectXNorth America) May 2007
Reseller InfonnaUon fonn
N36
Page 12 of 12
BACK - UP "DOCUMENTS
1.
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Electronic Document Submission Authorization
By signing below, you agree that the accompanying contract documentation Is authorized
to be submitted to Microsoft Ucel1singl G.P. vIa electronic means.
Additionallv., you acknowledge and consent that:
. The electronically submitted version of the contract document(s} is a legally binding
arrangement, and that no other copies of the agreement wIll be processed.
. Upon exeartion by Microsoft, the contract documentatron will be returned to you
with an original Microsoft signature on your non-original signature document.
Customer Name
MONROEOOUNTYA~RNEY
P veD AS T9--FJ>RM:
· -V/(.4
NATlLEENE w. OASSEL
ASSISTy cou~ An-ORNEY
Data · .!SJ
,
:~:~:." . ir;~.~~r9~tv~ s'~i~~~of!s~ ~~roiid (/~Ss)upport:'. '~,..': ~ : .~-:-'~'~:S.O~iT:-\iiA~'R'%:~:~.~':.:~~Rtt~;~'-:~Y~~~~?df~~(~~.?~~Z~~:
, .
Pric2Ig PrqJo8aI
QuotaDon f.: 3574068
CreaI8d eM: Feb-15-20tO
Valid Unt1t l4ar-314J10
Monroe County
Account Executive
BobWatd
Phone:
Fa:
EmaI: warcf-bob@manroGcoIria.ft.aoV
Daniel BeDinger
100 NarIl T8nipa street
SUIra 3120
PItane: 813.S42.8S32
F.x: 732.868JIO&S
e.- DanteL~
All Pdc:Gcaraln us Do1Iar(USD)
Ploduct
CIty Your Price
Total
1 Me EnIsrpIsB DesSdap ; AM PIa1IoIm WnfcMI OSIOb PmICare CALwI8QL
MCROSa=r
Not.: '-cc. CAL" burdelnclud8ll Clentkcess 1JoH_1ar~
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. .... .....-......... _... ..........-. ........... - .-----...:. "'...-~... .~.. - ........ ..-----
.,.. nalelhalStU rttNIIIII8 Adobe. 0.... SymeAleC. UcNe.. Trend UICfO 8ftd Ccntanl..Sta18 CMbacl.~.
To p1JC888 your order. you can e-lUIyorrl8qU8St 1D~.axn. Vau can also _I to 132-88S-80S5.. PlaaSel1CUJe8
IXdacC .-maI addras Oft .. ani... .. this Is naquhd by moll wncfars.
. '
Enterprise Signature Form
AficrosOIt I Volume Licensing
State and Local
~=:.runber~ ,
I
I SGN- I
PropoaallD
&IlaDsoI1o ...",.,..
eppItoabIe
""uCe: EnIer the appllc8ble 8CIJve runbIn ascocIaled udIh 1M belOW daCIJm8nIL NIcIO'IOIl requJrM the -..ctated IIdIVe IU1Ibet be
indicated her.. or IsI8cf below .. new. .
This slgnatw'8 form and all contract documents Identified In the table below 81'8 enterecllnto between the
CUstomer and the MlcrosoftAffillate signIng, as of the eff'ecUve date kJentlffed below.
. ..
Dooument Number or Cade
Doa.m1ent Number or Code
Document Number or Code
Doaument Number or e
Document Number or Code
DoQJment Number or Code
DoCUment Number or Code
Document Number or Code
Document Number or Code ;.
.. ...
.... -.
By signing below, CUstomer and the Microsoft AffilIate agree that both Parties (1) have received. read and
understand th. above contract documents.. 1ncIudlng any webslte8. ex documents Incorporated by
reference and any amendments and (2) agree to be bound by the terms of a1Iwch documenls.
.... ..-
nature
Tax ID
Printed Name
Printed TRle
Signature Date
.cWaIlcl8I01lA&at. CDUId8rII
EffectIve Date
maIY be dll'8IWi ... t.Ic:roIaIts II
dele)
"indicates 18qUlred IItJld
MONRoe COU,fiV ATTORt,iEY
PPROVED AS TO E M:
NArlLEENE W. CASSEL
ASSISTANT rUt(fY ATTORNEY
Date ~-:3 --10 .
ProgramS[gnFOIIIIGov(US)SLG(ENGXOcI2OO9)
Page 1 of2
Optional ,.,.. customer signature or Outsourcer Signature (If applicable)
1
Customer I Outsourcer
Name of EntIty ·
SIgnature ·
Printed Name *
Printed TItle ·
Signature Date *
Name of entity It
SIgnature *
Printed Name ...
Printed ntle *
Signature Date ,.
If CUsIDmer requlr8s physical med1a. additi0nai c:onIaCIs. <<Is I8port!ng mulUple previous Enrolments,
Include the appropriate formes) with this signature form. If no media fonn Is Included. no pbyslcal media
wlll be senl
Aff:sr this signahJre form Is ~ by the CusfDm8I'. sencllt and the contract oocuments to CUCtOme(s
channel partner or MIcrosoft account manager who must submllhem to the following address. When the
signature fonn Is fully executed by Microsoft, CUstomer wiD receive a conflrmallon copy.
Mir;rosoft Ucenslng, GP
Dept. 551. Volume Ucenslng
8100 NeD Road, Suite 210
Reno, Nevada 89511-1137
USA
I Prepared By:
ProgramSIgnFormGov(US)SLG(ENGXOc:I2OO8)
Page2of2
- '\
Enterprise E~rollment (Indirect)
MiClOSOlt I Volume Licensing
State and Local
MIcIOSOft8lU88a~ I
nwnber(lf~)
R...".,. U'1CfI*II.....1o
CGIIIpIdt
RaseIIsr pwcbaae Older
number
,..,., 10""'18
Enterprise AcPemenI number
R..... II Mlcros:oIfellJlalelo
eonu*Je
l!nmIIment numbGr
AIIaod.._ta cadi'"
Previous QuaIfyfng EnroDmenl
IIU1nber
R......locomplele
PrevJous QuIIIIYIng
Enrolment end dale
RM8l1"fO~
ThIs Microsoft Enterprise EnroDment Is entered Into between Ute folloWing enDUes signing. as of the
elective date ldantIfJed belcM
Definitions. When used In this enrollment. -yoU- refers to the snUly that signs Ihls enrollment with us.
and "we- or "usw refers to the MIcrosoft entity that signs this enrolment
-Qualifying Enrollment,- means (I) 8n enterprise enrollment under 8 separate Microsoft Select Master
Agreement or Microsoft enterprise Agreement: (II) any enterprise subscdplfon enrollment entered Into
under a separate MJcrosoft Enterprise SubscriptIon Agreement; or (II) any other enrolment submttted
under the Microsoft enterprise Ag18ement identified on Ute coverpagL
All othaf definitions In the Microsoft Enterprise Agreemenlldentifled above apply here.
effective date. If you are renewing SOftware Assurance from one or more previous -Qualifying
EnroIImenm- then the effecllve date will be the day iafterthe first Enrollment expires.
OIherwisa Ihe effective date wUI be the datCl this enrollment Is signed by us. Where a previous QualifyIng
Enrollment Is being used. yotr reseller wDI require that enrollment mmber and end date to complete the
appDcable bcxes above.
Term. This onroDment wll expire 88 full calendar months from the effective date. It could be termlnatsd
earlier or renewed as provided In the MIcrosoft enterprise AgRtemenl We will advise you of your renewal
opUons before It expIres.
Representations and warranties. By sIgning this enrolment. 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 P.greement IdenUfted ebove (I Bny) and the M1crolOft Enterprise Agreement. tndudJng
aD documents Illncarpond88 by reference and any arnencments to those dOClDTlGnts. and agJ'Q8 to be
bound by those terms; and (U) you are either the entlly that stgned the U-lCrOsoft enterprise Agreement or
Its affDlate.
Non-excluslvfty. ThIs enrollment 18 non-exduslve. NothIng contained in It I8qutres you Oto Dcenae. use or
promote MIcrosoft software or services exclusively. You may. If you choose, enter Into agnMiImenls with
other parDee to ncenss. use or promote non-Mlcrosoft software or services.
SLG UIcrosoIl EntaIprlse SA EnraIIm8nl
(IndIreclXNorth America) Dcacember 1. 2005
Covw pllS8
Pege 1 or 11
"f.
. :
ThIs enrollment consists of (1) this cover page. (2) the Contact Information Page(s), (3) the Enterprise
order Information, (4) Qte Reseller InformaUon Fann. (5) the product order as provided to us by the
reseller (6) the Media Order Fonn. and (7) the Cora User CAL Tenns and CondItions flf applicable).
Microsoft Ucenslng, GP
-'ndicsles requIred fields .
Signature dale
(...IIaoIDt.fIIaIa~ns)
EffecINe daf8
(..,_...... ...ourar...... date)
rY:icrosof! Volunlc Licensing ~'Iob sites
(iJol:.: ';.!r..'.II...J:~I~y.UtJ ..IJ',.il_~:..lr.::;t,~,~,',,~l\r:...,..)
PrOduct use rights
Produ~ Ust
Microsoft Volume LJcensJng 8erv1ce8 (UVLS)
nI to \4_ 0ftI twlerWa.
CUstomer guide
hHo:/lmlerosoft.fttJmJltaenslna
hltD:l/mlerasoft.comJllcenctna
~//llcenslm.mfcrosoflcom'
httD:llmlemsoft.comnloenslnamroaramsl
Notices to flllcrosoft should bo scant to: Copies should bE) sent to:
MSU,GP
8100 NeD Roed. SultB210
Rano. Nevada USA 89511-1137
Dept. 551, Vo1ume licensing
. Mfctosoft
Law and Corparate AffaIrs
One MIcIosoft Way
Redmond. WA 98052 USA
Volume UcensIng Group
(425) 836-7329 fax
Attachments:
ooM;r~
~9~ U~ ~L Terms a~ ConditiDna. If aDDllcable
MS CaDiIaI Fonn.IfBDDllcable
CUsttmler. Please remit to your reaeler.
R-.allsr. Please remit to MIcrosoft.
Mor~ROE COUNTY ArrORNEY
P~ROVED~
NATILEENe W. CASSEL
AS81S'mNT COU~ATTOANEY
Date 5"'~/-*/
Cou8r page ~8ge2 d 11
SLG MIcrosoft EnIeIjn;e 8.4 EnrdIment
(IndIrecIXNorlh AInefca) December 1. 2005
1. Contact InfDrmatlDIL Each party wm notify the other In writing if any of the InformaDon In
the following contact information page(s) change. The -indicates required fields. By provfdlng contact
1nfom1atlon. you consent to Its use for ~s of administering this enrolment by us. our afIIIIates, and
other parties that help us administer this enroDment.
Primary contact Information: The customer signing on the cover page must. IdantIfy an
individual from Inside Its organization to serve as the prbnary contact. ThIs contact Is the default online
adminIstrator for this enroUment end receives all notices unless you provIde us wrIIIen notice of a change.
The onDne admlnlsfrator may appoInt others as adminIstratOrs end grant others access to onrane
lnfonnatIon.
C'lslo'mer
Name tit en1fty. ConI8ct name ·
Monroe County BOCC Last Ward
first Bob
Sb'8el addrea · Contact emaU 8ddnJss (NqdM ...OGIMaccua) ·
120OTn.man Ave ward-bOb@monroecounty-fl.goy
City . State/PrOVince .. Phone
Key West FL 306-453-8792
Country .. Postal code · Fax
USA 33040
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 conIaCl wUl
become the derault online administrator fer thI8 enroDment and receive 81 notices. ThIs conlact may
appoint oIher administrate.. and grant others access to online information.
Notic'es and onli/1e e'JCCeSS contact
181 Same as primary contact
Name of enfIy Contact name
Last
First
Street address Contact emaII acIdres8 (J8quImI fOrd.....,
Cty StafQ/Pn)VInCe Phone
Country Postal code Fax
SLG MIcrosoft. Enlerpise 8.4 Enrdknenl
(1ndIrect)(NorCh Amflllfca) D8C8mber 1.2005
Cantacllnf'ormaIIaD
Page Sof11
.. e.
Language preference: lbIs section designates the language in which you prefer to receive
n01lces.
I English
Additional electronic contractual notices contact Information: This contact wIll
receive electronic contractual notices In eddiUon to the noBoes contact. ThIs contact Is not required If you
do not want an addlUonal set of noUces IssUed.
Electronic contractual notices contact
Name of en6ly ~tactnams
Last
First
Street address Contact emaD "dress C..quIMcI rcrellalnNllc aoUcea)
aty State/PnMnce Phone
Country Postal code Fax
Software Assurance benerds contact: ThIs contact wDI receive commun1caUons concem";
Software Assurance benefits. and 8I1Y additional TechNet subscriptions thai have been ordered
separately from Software Assurancca under this enrolment. Thl& eonlaCt Is optionaL If thJs contact Is not
completed, any not1ce8 for SOftware Assurance benefits wID default to the notices and online contact.
Softv./..'7re Assuri1nce benefits contact
Name of entity Contactnarne
Last
First
street address Contact emsl address (........ forel8cfraD1G noIIca)
City StatelPr~ Phone
Country, Postel code Fax
SLG MIcrosoft EnIerprIsa 8.4 EnroIImeal
(lndInd)(NoIth AIneIfca) December 1, 2OQ5
ConIacl WonnaIlon
Page 4 of 11
. .
MSDH contact: ThIs contact will receive communications concerning registration for MSDN
products ordered under this enrollment. ThIs contact 18 opB0n8L If this contact Is not campleted. any
noffces for MSDN wUI defaul fa the nofJces and anOne contacL
ft-7SD^' contact
Nam.of~ Contact name
Last
Rrst .
street address Contact emaD address (nIqWed rarelecwnlc nouces)
City steteIPIovir1l2 Phone
Country Postal cede Fax
Microsoft account manager: This secUon designaIBs your Mfcrosoft account manager contact.
,
I MIcrosoft account manager name , MIcrosoft account manager emaI adchss
@mlcrosoft.com
SLB Mlcrosaft Enf8rplse 8.4 EnmIDaent
(lndlnJcO(North An1erica) December 1. 2005
CorDcI WonaaIion
Page5of11
~.
At. DefinIng YDur enterprise.
Use this sec60n to identify which affiliates wiD be Included in your enterprise. Your enterprise must
consist of entire government agenc1ea. departments or legal Jurlsdlclfons. not partial government
agencies, departments, or legal jurisdlcttons. Each aftiDate moat be entirely"". or enfIrely -out.. AD
affiliates acquired aftsr the eff8cfJve data of Ills enrollment that are not party to a QuaDrylng Enrolknent of
thelr own will automatlcaDy be lncJuded unless you flU In part b below.
a. Use this ptlrt (a) to determine ~"//JicI1 current affrliotes ~'IiJl be included in your enterprise.
Check only 011e of tile /Juxes in pal [ (0).
f81 You and .. eftlllates wIl be participating
O You and 118 folowlng :rffiIIat8a Will be ~" (If no atfIJIat88 will be participating, \rtIIif8-none- on line 1)
(-*alllol..-_....... piece or.....l_thMS..........1naIudedJ:
2
3
4
5
o You and all 8IDafes. except the foIIowIrG 8ft111atss. will be paI'Ifc1paIII1I (-- aW or....._ -.......... 01
pllJ*lf_ th8n ,..........., excJuHd):
1
2
3
4
6
b. Use this putt (b) to Indicate v/hether affiliates acquired after the enrol/ment effective date \~iJ/
be Included. Unless you check rh~ box br:JO\J/, aII affiliates [Jc~!uircd after the enrollment
effective date tlta! are not pa/1y to cJ Qua/dying Er;loJllnerit of t/li2ir Otl';n l"/ill ~urcrnatic2!jy be
Included.
EJ
Exclude all affiliates acquInad 8ftsrhl enrollment eW8CIIVe data that.. not P81t'to 8 QU8III)'Ing Enrollment
of the1r own.
SI.O t.IcrosoIl EnIsrpdse SA Enro1IM8'1l
(Indil8Ct)(North Amedca) Dec8mbar 1. 2005
EnIeIprfse.... WaImatiDn
Page8d11
... .
3. Selectillg yt:Iur language Dpt/DII.
Select Ihe opUon {or the languages In which you wiD run the products Dcensed under this enrollment.
The options and their corresponding languages 8rB Identified here.
All Languages
~~~~~:~-~~~ij ~~ ;"r~)J~;-$ j$f~~~~i~~~~
DaniSh
Dutch
english 1
FInnish
French'
German
GrBek
Italian
Norwegian
Portuguese (Portugal)
Spanlsh2
Swedtsh
Czech
EstonIan
Hungarian
LaMan
Ulhuanlan
PolIsh
SJovenlan
Slovak
Arabic
Bulgarian
Chlnece Slmplffed
Chinese Tradilfonal
CroaUan
EnglshtHebrew
Indle
Japanese
Kor8an
Portuguese (BrazIl)
Romanian
RussIan
Serbian
Spanfs~
ThaI
Turkish
Ukrainian
, EngDsh Is a Ustsd L.ar,guage rthis ermDmenIla aIgn8d outside of the foIkNAng countries and 8 ResIrided
Language If Ills enrolment fa algned inside the88 caunIrfes: AustrIa. BelgIUm. Cypn8. cmch Republic.
Denmark. EstonIa, France. Rnland. Qemuany, Gt... HunaarY.IceIand. Ireland. Italy, L.alVIa. UfhuanJa.
Luxembourg. Mala, NetherI81ds. NDNlBYII Poland, Portugal, SIoviIIda. Slovenia. United KIngdam.
SvuIzerIand. SWeden. or Spain. EngDab fa. -ustsd l.81guage.. excspt when N8IrIct8d - descdb8d In Ibe
. -Restricted 1.8113U84es"1fst CUB footnote 3)
:I Spanish is 8 LIst8d lsnguage only if this enrollment Is signed In I.alIn America and Is olhelWlse Restrfct8d
Language.
· French Is 8 .Llsted Language. -If signed In Canada
. Select All Languages to run your productB In any of the LIsted. Extended or Rasbicted
Languages. Thi8 option also "lows you to run Muftl.Language packs for your pmducts.
. Select LIsted Languages to run your products In those languages.
. Select Extended languages to RI1 your products In those languages.
. If you select 111. Listed or Extended Languages optIOn you may run up to 10% of the
copIes of each of your products In All Languages.
SLG MIcroaoft EnIeIpdse 8.4 EnraIImeri
Ondir8cQ(Nal1h AmerIca) December 1. 2005
Check one box
~ listed Languages
o All Languages
o Extended Languages
Ent8Jpfse Older Infannadcn
Page 7 of 11
. '.
4. Language allallatlDn.
Provide us with your good faith estimate of the speclfto languages In which you wm run aD copies of aD
products and the approximate percentage of those copies you will run In each language. Infonnatton fhat
you provide hB1'8 doss not limit your future use of products under thfc enrollment In any pennllted
language within the language group you select above. AttaGh a separate sheet If more space Is needed.
Language
Percentages
100%
'S
%
"
english
5. Applicsble cllrrency.
Payments made In connecUon wIth this enrollment must be In U.S. Dollars
6. Establishing your prlt:e levsL
The price level Indicated In this section wID be yo1.I" price level for the initial enrolment term for an
enterprise products you order and for 8ny addilJonal praduct81n the same pooIes). Your price IaveI for any
other additional producls wiD be level-A-.
Qualified deslclops: You represent 1I1ld'the total runber of qualiOed desktops
In your enterprise Is, or \YII be Increased to. this number during Ibe JnJtfaI term of 392
this enrollment (This number must be equal to at least 250 desktops).
QuaDflecl ..8m You I8presSlt that the IDtaI number d quaIIIsd users In your enterprise 392
rs, orwID be Increased to. this runberdurfng It. initiai tenn mil" enrolment (ThIs
numb.. must be equal fa at least 250 US8I8).
Nlunber of I Price level
desktopsl users
I 250 to 2.399 A
2,400 to S.99D B
8,000 to 14,999 '0
15,000 and above D
QuaIS.. QudfIed
Price level Clbrpaall" wWcIa ,.. d...wop ....
GRIer.. enIaqIrIse....~ D D
I Pdce level (roI'poDIIIlnwldchyeu I.
, do notanrer... ~...,.aucI): . Price level-A'"
SLG Nicrusoft Enlerpd&e 8.4 ErmUment
(IncIredXNorth America) Decembw 1. 200S
EntetptIse order Informallon
Page8of11
.' .
h enterprise product Drdel'S~
Your reseller wID provide you with your product prlcJng and order. Your prices and payment
terms for all producbl ordorod will be detenntned by agreement between you and your ...ener.
Vour reseler will provide us with your order separalBly from tIaJ8 eruoDment.
We Wl1Ilnvolce yoar reseIIer In three equal smuallnstaDments for the enterprise products covered by
your initial order. The ftrst Instalment wi. be Invoiced to YOlr reseller upon our acceptance of thIs
enrollment; the l'8ma1nlng Insfalments w8J be Invofced lit the next two annIVersaries of the enrollment
effective date. We wDllnvolce your resell.. for the enterprise produclS covered by any true up orders In
total upon our acceptance of each we up order.
Select the enterprise products to be covered by your Initial order. If you select aU three indivIdUal
products. you are Dcenslng the Enterpilse Desktop Professional Platform. If you select the Core CAL, you
must select etther desktop or u88I"lfcel1S8s.
Entl2tpri3C Product5 Desktop User
Licenses Licenses
WIndows Desktop Opera6ng ~
System Upgrade
Offtce ProfessJonal1 DSJ
Core Client Access LIcense ',2 181 0
t The components of the current versbns of OffIce'Prafesstonal. and the CLmIDt versions r:I U1e componen!s 1hat
make up Ih8 Core CAt.. ana ldontlfied In the Ptoduct IJ;L
2 If you select Core User CAt. and the agreement IdenUIed an the cover page Is version 6.1 or earUer,
the Core User CAL Tenns and CondWons apply.
B. Addit/t'Jnal PTDducfs
We WUlInvoJce your F8S8IIer for each additional product covered by your InIUaI order In Ihree equal annual
InstaDments. The first InstaJlment wiD belnvoloed to your r888ler upon our 8ccep1anc8 of 1hI8 erwIIment
the remaIning Installments w1U be InvoIced 81: the next two amtversarIes of the enroUment effective dale.
We wID invoice your I'8S8ler for any new additi0nai pnxIuct not initially Included In your .,roDment In total
. upon our acceptance of your order. We will Invoice your reseIIer for additional products fnitJa1Iy Included In
your enroDment and covered by any true up order cubmltted during the Initial tenn In total upon our
acceplsnce of your bu. up order.
s. Qualffylng sysfllllJsllt:SII..s.
All desktop operating system lcenses provided under thls program are u~de Ucenses. No fuB
operating system Been... are available under this program. Therefore, If yOu select the Enterprise
Desktop Professional Platronn or the WIndows Desktop Operating System Upgrade & Software
Assurance, all qualified desktops on whiCh you wDJ run the Windows Desktop Operating System Upgrade
must be IIcens8d to run on. of the qu&rafylng operating sysIem8 IdenIIIed In the Product Ust at
htto:llwww.m1crosofloomIJlcensfna. Nota thai .. list of qJ8I1dIng systems that quaDfy for 1118 Windows
Desktop Operating Syatem Upgrade varies with the clrcum8tances of your order. That Ust Is more
extensive at the time of your InlfJal order than It Is for some subsequent true ups and system refreshes
durIng the term of your enroDmenl.
SLG MIctosofl Enterpdse 6.4 Enrolment
(lndIrect)(North America) December 1, 2005
EnIarprfse adr tnfannaUan
Page9af11
&.
1D. RenswaJ Dl'ders.
For any' 38-month renewal. your renevvaJ order wID be tnvolced to your reseDer In three amual
Installments. The first Installment wm be Invorced upon our acceptance of the renewal order; the
remaining Installments wJD be invoiced at the next two anniversaries of the effecUve date of that renewal
term. For any 12-month renewal and for any true up orders. we wlllnvolce your reseller In total upon our
acceptance of your order.
SLG MIcnJsoft Enterpdse 8.4 Enrdment
(lndlrecfXNorth AInerica) December 1. 2D05
EalSlplfle ani.. lnrannaUan
~10of11
~.
Your resetler should cOtnp.ete lh0 roi{c':J1cg S8(;t\O:IS and ;::gr. th:s ;or;n V/hS~E; indIcated.
GelJeral in'"rmatJon
Reseller company name:
SHllntemallonal Corp.
Street address: (PO boxes will not be accepted)
33 Knlghtsbridae Road
City end Statal PftWince and postal code:
PiscatawaY. NJ 08854
CoUnby:
USA
Contact name:
Phone ntl11ber:
Fax number:
EmaD address:
. The undersigned confirms that the reseller Information Is correct.
Name of 1'8S8IIer
Signature:
Printed name
Prinfsd 6Ue
Date
ChangIng . reseDer. If we or your l88eDer oooose to discontinue doing bUsiness with one another, you
must choose a leplacement. If you Intend to change your reseller. you must noBly us end the former
reseUer. In wrlUng on a fann that we provide at least 30 days prior to the date on which the change Is to
take effect. The change will take effect on the date lis executed by us. We wll not unreasonably
~~hmdorde~yoursg~
SLG MboIoft EnIerprIse 8.4 Enro'Im8nl
(lndhct)(NorIh AmerbI) December 1. 2005
RaseIIer Inf'ormallon form
Page 11 of11
SLG Enterprise and enterprise SubscrIptlDn Media Order FDrm
Media shipping 1"'DrmatIDn 'Dnn - slans, CD IeIt
Enrollment information Reseller contact
Agreement company name:
number ~ar 01E61767 SHllntematiOnal
UierOIOft"'~
._"IIe)
Enrollment I1lJI1II)er' Contact name:
(MaDCOl'" 1<<>>
1IftIIftIfJtB\
CUstomer contact Bob Ward Contact email:
Name:
Contact phone:
THIS FORM MUST BE ATTACHED TO AN ENROLLMENT.
At ~ ~ sI8rter CD kiIs ... CD-ROM subscriptions relating to ~ enroUment that Y9U choose to
receive wUl be shipped to the addl'8SS below. Terms used but not defined In IhIs form have the meanings
given to 1hem,In your enrolment Identified In 1his form. .
~ starter CD tit ship 10 information Identllie& the deIiVeJY location. If you do not elect physical media.
end Intend to download cop1es of soflwaJ8 Instead. please provide 81e download deDvery location as the
starter CD left ship to Information.
Starter CD hit ship to informatio/1 ( c jndit;dt~s reauired inf.:::Jrm;;tion)
181 Sams .. IIDfit:es c."met '" tII" .nmllllJlllIt
CUstomer-name · ConIact name ·
Monroe eountv BOCC Bob Ward
Str8et address · (aD PO IIOX8S aca.pI8d) Contact 8m8II address *
1200 Truman Ave ward-b_nty-fLgoV
City and state I Province · Ccriact phone number"
Key West. FL 305453-8792
Country and postal code · Contact faX number
USA 33040
I you choo8e below to recelve rnediB. then upon our ecceptanca 01 ~ enmament. \VII wiD send you your atarter
CD kit in thelangUage(s) you select. ThIs start8r 00 kit Wl1 be proviCJed at no addlllonal chalge. In order to pend
you to exerc1se the license lights granted under.yout enrollment and I81ated Entsrpdse Agr88meI1L You may also
sub&crIbe to upd8les In lh8 form of CDs, or u~ rn;onable naOce, etectrunIc d~ or sbdlar oth.. means. If
you need addItional starter CD kits and updal88, you may an:fer these tfmugh your reseler for 8 fee. Far a
completB list of the contents of any kit. vIsit 1118",* sits at hUp1Is81ec1ug.msUceiase.comI.
1&1 Yes.' want fa rece/Va a8fllll8r CD lcIl(medIa) 0 Yea. I want 10 subscribe to receiII8 CD lei
updates
[]
No. I do not want CD recetve a starter CD Idt
(media)
o
No, I do not want ID subsCribe to receive CD
kit updates
SLG Microaoft MedIa Order Farm Ve....
(NcxU1 Amerlca) (IndIrecI) December 1, ~
Page 1 012
, ...
SLG Enterprise and aite.TPdse Subst:dptlDn Media Order Fonn
Media shipping Information form - starter CD kit (conUnued)
rr
Qlinese Sf
Chlnese TredltlonaI
am- Tradftional Hon
QoaIfan
Czech
Danish
Dutch
Estan1en
AtIUb
FrMch
German
Greek
Hebr8ur
ft'an-asJnest
SWedIsh
Th8I
TurIctsh
UIcran1an
. MappIng I<ItJa not available for use In or shipment 10 India. HDng Kong SAR. U:IcIIU SAR. caw-.
Ucroc:co Pakistan. ... TuIksY.
.. Before InsIaIIIng fmY of a. Mulllanauaae Packs. .. EnglIsh wnioR or 11I8 pnxIUGt must fII8l be
InaIsIJed. If you order EngIIshIMuUlquage. you must also ader B1gIIsh.
.... am-. SlnlpIflecI Wlndowe XP PlOfeSiCnIIls Idavallabla In the EnI8IPd- ewn-SfmpIIIed
1<Il8tld Is anlyavaDab1e In ceI181n CCI.Ilb'Iet. CDttltA your...... fat av8BabIIY In JOUr' IIIQian.
- Not Av8IabI8
SLG McrosoflUed1a Order Farm "".4
(Ncrf.h Amedea) (fndIred) December 1. 2005
~82of2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2010
Division:
Administration
Bulk Item: Yes ~ No
Department: Project Management
Staff Contact Person/Phone #: Jerrv Bamett X4416
AGENDA ITEM WORDING: Approval of a Task Order with Bermello Ajamil & Partners, Inc. to
conduct Space Assessment and Space Management Studies for county wide facilities.
ITEM BACKGROUND: Bermello Ajamil & Partners, Inc. ranked fourth out of forty-four responses
for the Continuing Engineering Contracts for On Call Professional Engineering Services. They were
chosen as the first qualified firm, based on services listed in the respondents' Statement of
Qualifications, to perform Space Assessment and Management.
PREVIOUS RELEVANT BOCC ACTION: On December 16, 2009 the BOCC approved a contract
with Bermello Ajamil & Partners, Inc. for On Call Professional Engineering Services, and on February
17, 2010 the BOCC approved a First Amendment to Contract which corrected the Contract date from
October 21,2009 to December 16, 2009.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $199.920
INDIRECT COST:
N/A
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: $199,920
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year
APPROVED BY: County Arty P OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Bermello Ajamil Partners Contract #_
Effective Date: 04/21/10
Expiration Date:
Contract Purpose/Description:
A Task Order to perform a Space Assessment and Space Management Study for
Monroe County Facilities, utilizing the Continuing Contract for On-Call Engineering
Services.
Contract Manager: Ann Riger X4439 Facilities DeveVStop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 04/21/10 Agenda Deadline: 04/06/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 199,920
Account Codes:
Current Year Portion: $ 100,000
Estimate
Budgeted? Yes/2SJ No 0
Grant: $ N/ A
County Match: $ N/ A
- - - -
-----
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
1I;r:?~;, ~eeded
o YesO No[JJ-
~i:/"D YesO NoG1
~-'6-b YesD~o'
Date Out
Risk Manag~ent
, \) 'AO
~ V-,.W
o .M.B ./Purchasmg
County Attorney 1- f - /0 Y esO No~
Comments:
OMB Form Revised 2/27/01 MCP #2
TASK ORDER FOR PROFESSIONAL SERVICES
BETWEEN MONROE COUNTY AND BERMEUO AJAMIL & PARTNERS, INC.
FOR
SPACE ASSESSMENT AND MANAGEMENT STUDY
Monroe County desires to employ Bermello, Ajamil & Partners, Inc. for a Space Assessment and
Management Study in accordance to the Continuing Contract approved by the BOCC on December 16,
2009, and as amended on February 17, 2010 where study activity is allowed under the continuing
contract if each individual study does not exceed $200,000.00.
The Scope of Work is attached hereto as the Monroe County Facilities Effidency Plan. The project shall
be completed within 9 months (encompassing portions of two fiscal (budget) years, for a total cost not
to exceed of $199,290.00.
This Task Order Indudes all terms and conditions of the On Call Professional Engineering Contract as
approved by the BOCC on December 16, 2009, and as amended on February 17, 2010.
(Seal)
Attest:
Danny L Kolhage, Clerk
Board of County Commissioners
of Monroe County, Florida
By:
By:
Deputy Clerk
Mayor/Chairman
(Seal)
Attest
Engineer
Bermello, Ajamll & Partners, Inc.
Witness:
By:
~ ( I
Name
..' .
1..\),,) A..\ (A M \ '-'
Print Name
?~~\dl~+
Title
.:: !~Ti -,";"--, ~:
r."~~ ^~ --.-., 70"-' :/
! ,\ f '^~ t ' ..; '-. If, ,~-_, ,',', '
_ '_~~_~"~~____ ,"__~lj"S-
, " 1_,1 ::":_L
Monroe County
Project Management Department
1100 Simonton Street
Key West, FL 33040
(305) 292-4429
Fax (305) 295-4321
I"'~'~
,
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia 1. Murphy. District 5
Mayor Pro Tern Heather CalTUthers. District 3
Kim Wigington. District I
George Neugent. District 2
Mario Di Gennaro, District 4
O,~~T.y ~~~~~E
(305) 294-4641
._~ I . ~T._
~L..;.~-:..~lr...~~.~5. -
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TO:
MEMORANDUM
Monroe County BOCCf\, " ~", r ({~~
~ jL r2-.0
Roman Gastesi Jr., County Adm' istrator
FROM
DATE:
April 6, 2010
SUBJECT:
Selection of Continuing Contractor
County Policy governing the selection of Contractors from the pool of "On call
Engineering Services Firms" provides for selecting a firm out of the established order of
rotation under specific conditions. One of the conditions is that, if a specific expertise is
required and the firm that is next in line does not have that stated expertise, then the
highest ranking firm that does have the expertise may be selected.
B&A is the highest ranked firm in the rotation, that states in their Submittal of
Qualification, under "services provided" that they poses this specific expertise.
Therefore, I am requesting approval of this out of order selection.
ChaDter 4 - Purchase of Professional Services
C. Continuinf! Contracts
Definition: A continuing contract is defined as a contract for professional services in accordance
with all the procedures of Florida Statute 287.055 between the County and a firm whereby the
firm provides professional services for professional architects, engineers, landscaping, or
surveying and mapping services for projects in which the estimated construction cost of each
individual project under the contract does not exceed the amount of Two Million Dollars, or for a
study activity if the fee for professional services for each individual study under the contract does
not exceed Two Hundred Thousand Dollars, for work of a specified nature as outlined in the
contract required by the County, with the contract being for a fixed term or with no time
limitation except that the contract must provide a termination clause. Firms providing
professional services under the continuing contracts shall not be required to bid against one
another.
Competitive Selection of contractors for continuing contracts:
Continuing contracts shall be chosen by the competitive selection process. During the selection
process, a selection committee shall rank the professional service contractors. The Board of
County Commissioners shall approve the award of each contract for a general continuing
contract. The number of contractors to be chosen shall be at the discretion of the Board of County
Commissioners.
Award of individual contracts to contractors:
1. Separate contracts or task orders for each individual project shall be awarded among the
contractors who have been awarded a general continuing contract.
2. Separate contracts or task orders for each individual project shall be approved by the
Board of County Commissioners when required under the purchasing policy.
3. The separate contracts or task orders for each individual project shall be awarded on a
rotating basis beginning with the top ranked professional service contractor and continuing to the
next contractor in ranked order.
4. When the County has identified an appropriate project, County staff shall consult with the
next ranked contractor in rotation and shall negotiate the terms of a contract for the specific
individual project. If the County and the next ranked contractor in rotation are unable to come to
agreement as to the terms of a contract, the contractor shall be placed back in rotation and the
staff shall move on to the next ranked contractor in rotation to begin negotiations, the process
continue until an agreement can be reached.
The 0 er 0 rotation may c ed by the County Administrator, or the Deputy
WID
a) If the next ranked contractor is not available within the time required by
the County for an upcoming project the contract may be awarded to the
en xt ontractor in rotation who is available'
b) If a project requrres a particular skill set or expertise which, in the discretiO. n. the
County Administrator or his designee, is more suitable to a contIactor who is not
next ranked in the order of rotation, the County Administrator may award. tho
oject regardless of rank order; and
c) In case 0 emergency, the County is not required to follow the order of in order to
accomplish the necessities of the situation. For purposes of this policy,
emergency shall be defined in the Monroe County Code at Section 2-347 (k) (I).
d) When a contractor is not awarded a contract due to the reasons stated herein, that
contractor shall be given the next project in rotation for which he is available and
possesses the requisite expertise.
6. It is the intent that the Board of County Commissioners that the contracts be ranked and
rotated in order of ranking so that the award of contracts are distributed among the contractors
and no particular contractor shall be given a contract out of order except for the reasons stated
above.
7. The County Administrator shall seek approval and shall provide an explanation to the
Board of County Commissioners when a contract or task order is to be awarded out of the ranked
order of rotation.
PROPOSAL
Monroe County Facilities
Efficiency Plan
April 6, 2010
INTRODUCTION
Monroe County has staff and facilities located over the years in many different
locations. Some of these are County-owned and some are being leased. Due to the
changes over the years in the form of delivery of County Government as well as
cutbacks recently implemented due to budgetary limitations, the County finds itself
with excess facilities, underutilized facilities and possibly facilities that are not as efficient
as they should be.
In addition, the County has been approached by the City of Key West for potential
acquisition of its existing Key West offices. The Gato Historic Building has 35,000 sf.
County currently uses 25,000 sf. County has $6 million in renovation into the building.
One option will be to relocate to the Jefferson Brown Building which has 40,000 to
45,000 sf. County owns the building and currently uses for miscellaneous staff and file
storage.
The above provides an opportunity for the County to reduce cost and improve
efficiencies by both short-term decisions and long-term planning. This proposal is
organized in a manner that can be implemented in phases to achieve a decision
making process consistent with the current situation.
GENERALPHAS60FTHEPROPOSAL
This proposal is divided up into a series of phases that can be implemented in pieces or
altogether. They are as follows:
. Phase 1 . Immediate Phase
The immediate phase covers the analysis of decisions that need to be made in
the short-term horizon. These include:
· The evaluation of the Key West office for Monroe county as well as
underutilized or existing leases which the County now holds in that
location;
· The decision to sell the current Key West building to the City of Key West
· The introduction of environmental enhancements to facilities
· The introduction of facilities for employee improvement
· This analysis will cover the construction of a new facility in Stock Island
which would include a fire station and which mayor may not include
other operations.
PROPOSAL MONROE COUNTY FACILITY PLANNING
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· Phase 2 - Mid-term
This phase will consist of a general assessment of overall County facilities
throughout the entire Florida Keys and matching them up with a determined
long-term strategic view for the County government.
· Phase 3 - Long-term
This phase will consist of recommendations for long-term consolidation and
efficiency within County facilities.
SCOPE OF SERVICES
Phase 1 - Immediate Phase
Task 1.1 - Evaluation of existing Key West offices
1 .1 .1 B&A will obtain all existing information relative to the current facilities that
Monroe County now has in and around Key West. This will include existing leases,
space demands, etc. B&A has not included time to have individual interviews
with the Monroe County staff, but rather has based its proposal on this
information being collected by County staff and provided to B&A in a useful
format.
1.1.2 B&A will calculate, in a general sense, the overall immediate and short-term
needs for offices in the Key West area for Monroe County.
1.1.3 B&A will conduct an inspection of existing buildings which Monroe County
currently operates or owns in the area.
· Jefferson Brown Building on Whitehead Street (for possible relocation of
current Gato Building county & Health Department staff)
· Evaluation of file storage needs and recommendations to relocate and
consolidate
· Inspect & Evaluate the physical condition of the Court Houses (particularly
on Marathon Key & Plantation Key)
1.1.4 B&A will conduct a financial analysis of the different options that Monroe County
will have including:
. stay as is;
· cancel non-usable outside leases;
· relocation to other facilities
The analysis will include an evaluation of any restrictive covenants in the deeds and
leases and will also evaluate both capital and operational costs to the County.
PROPOSAL MONROE COUNTY FACIUTY PLANNING
2~~
~
Task 1.2 - Stock Island Facilities
1.2.1 B&A will obtain the current plans that Monroe County has for building a fire
station and other facilities in Stock Island;
1 .2.2 B&A will review the potential of Stock Island facilities to be used for other uses
including relocation of some of the Key West functions;
1 .2.3 B&A will review possible sites for Stock Island to determine the potential for an
increased program in that location;
1.2.4 B&A will generate an economic study showing capital and operating costs for
each option. The options may include building a stand-alone fire station and/or
incorporating other functions within the fire station;
1.2.5 B&A will make recommendations as to the best possible course of action for
Monroe County.
Task 1.3 - Envlronmentallnftiatives (LEED)
No work in this task
Task 1.4 - Employee Welfare
1.4.1 The County wants to consider health and fitness facilities and others which would
promote productivity and a healthy lifestyle for the employees; B&A will establish
a general program standard for Monroe County which will define the uses, and
square feet to be dedicated to such uses. These will not be facility specific
standards, but general standards that can later be adapted to each building
Phase 2 Mid-term
During this task, it would be ideal to set the framework and precedents for
development of a long-term efficiency strategy for facilities for the County. During this
task, the following elements would be prepared:
2.1 B&A will obtain from the County the major Departments long-range master plan;
this will include sheriff, fire, public works, public services and all of the other
departments. B&A has not included time to have individual interviews with the
Departments, but rather has based its proposal on this information being
collected by County staff and provided to B&A in a useful format.
2.2 Based on the above, this will begin to create a framework for facility
requirements which can then be tied to population and/or staffing levels that
can begin to create a framework for an overall facilities master plan in the
future:
PROPOSAL MONROE COUNTY FACIUTY PLANNING
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~
2.3 B&A will overlay all of the department requirements and will look for areas of
opportunities for consolidation into single govemment centers that will achieve
greater efficiency for the delivery of govemment services;
2.4 B&A will develop a series of altematives for general locations of some of
consolidated facilities;
2.5 Based on review of altematives, B&A will develop a preferred plan that will
suggest location of new facilities, expanded facilities and/or facilities to be
abandoned or eliminated. In particular, B&A will focus on those that are not
owned by the govemment of Monroe County and are being leased in order to
reduce cash flow needs;
2.6 B&A will prepare a master plan with phasing based on life span of facilities and
requirements due to changes that may be occurring.
Phase 3 - Long-term
B&A will assist Monroe County in implementation of this master plan by creating specific
plans for those long-range improvements identified during Phase 2. For example, if in
one particular area there will be consolidation and closing, B&A can assist in the
microanalysis of each of the altematives within that particular location to find the
optimum location and strategy for achieving the overall goals.
PROPOSAL MONROE COUNTY FACIUTY PLANNING
~~~
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SCHEDULE
Phase 1 and 2 will be completed in 9 months.
PROPOS....L MONROE COUNTY FACILITY PLANNING
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COMPENSATION
The fee by task is attached below.
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1.1.1 Obtain information $1,550 $150 $1,700 $1,700
1.1.2 Calculate needs $6,200 $700 $6,900 $6,900
1.1.3 Building inspections $18,600 $0 $18,600 $18,600
1.1.4 Financial analysis (report) $8,390 $2,140 $10,530 $10,530
Task 1.1 Total $34,7. $2.990 $37.730
1.2.1 Obtain information $1,240 $150 $1,390 $1,390
1.2.2 Review information $620 $700 $1,320 $1,320
1.2.3 Review sites $1,860 $0 $1,860 $1,860
1.2.4 Economic study $12,400 $700 $13,100 $13,100
1.2.5 Recommendations (report) $7,750 $700 $8,450 $8,450
Task 1;2 Total $23.810 $2.25Q . $26,120
1.4.1 Program $7,440 $0 $7,440 $7,440
Task 1.4 Total $7,440 $0 $7,440
Phase 1 Total $66,050 $5,240 $71,290
2.1 Obtain information $620 $0 $620
2.2 Develop scenarios $15,600 $700 $16,300
2.3 Long range master plan $37,200 $2,200 $39,400
2.4 Create framework $6,200 $800 $7,000
2.5 Consolidation evaluation $6,200 $1 ,400 $7,600
2.6 Alternatives for general $15,600 $1 ,200 $16,800
locations
2.7 Develop preferred plan $14,880 $1,200 $16,080
2.8 Prepare master plan $17,510 $1,800 $19,310
Phase 2 Total . $113,810 $9,300 $123,110
$620
$16,300
$11,820 $27,580
$7,000
$7,600
$16,800
$16,080
$19,310
PROPOSAL MoNRoe COUNTY FACILITY PLANNING
6
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~
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
6tt~\ \01 f:...iG.'fV\\\.' PA~~)~Cwarrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~ (J
( signature)
Date: ~~
STATE OF f\or\'do...
COUNTY OF 1\\ ~ N\ ~\ - ~"dQ....
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
L ~\ S l\ J'ar..~\ \ who, after fIrst being sworn by me, affix~er
-0..
signature (name of individual signing) in the space provided above on this 0, day of
{\ ~ ('" ~ \ , 20 \ C\ .
\o~~I~ h~~
My commission expires:
OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~'t~\\O, ~o-Mh.. , ~v~e~ JV\(
(Name of Business)
I. 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 (I), 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 the statement, I certify that this firm complies fully with the above
requirements.
i(1
Bidder's Signature
Date
q,'''()
OMB - MCP#5
DRUG-FREE WORKPLACE FORM
The nnden;;gned vend., ;n .cco,d,nee wi!" FlO:;d' Statute ~bY certifie< .hat,
~\O, ~~~ ; .... .-:rI1c.*
(Name of Business)
,
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (I).
4. In the statement specified in subsection (I), 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 (Rorida 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 the statement, I certify that this firm complies fully with the above
requirements.
t<!
Bidder's Signature
4-hJ 10
Date
OMB - MCP#5
. .
I, -'-U\~ ~W\\ "
Y'v'\\ _M' , 11'-
of pezjury, depose and say that;
1.) I am )efoW.~,"~ ~ ~,,\'~ the bidder making the Proposal for the
project described as follows:
NON-COLLUSION AFFIDAVIT
, of the city of_
according to law on my oath, and under penalty
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 corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
STATE OF f\o f' " do...
COUNTY OF M ~,ttl \ -b ct.cle...
5.) the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upo the truth of the statements contained
in this affidavit in .warning contracts for s profC!.
(Signature of Bidder)
-AJ7)'~
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
L u.,',!:. \\ ~ 0..1'1\ " \ who, after first being sworn by me,
(name of individual signing)
affix~her signature in the space provided above on this
~ . \
01 day of A~r,
2oiSL.
My Commission Expires:
~\~ ~. ~oQ~
'-MoTARY PUBLIC-
MICHElle C. KOlODNY
MY COMMISSION # DO 507482
EXPIRES: April 14, 2010
8ondOd Thl\l Notary Public Ui'ldelwrtters
PUBLIC ENTITY CRIME STATEMENT
itA person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list. "
FIRST AMENDMENT TO CONTRACT
FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
THIS FIRST AMENDMENT to the Contract for On Call Professional
Engineering services ("AGREEMENT") entered into between MONROE COUNTY
("COUNTY") and Bermello Ajamil & Partners, Inc. ("CONSULTANT") is made and
entered into this 17th day of Februarv 2010, in order to amend the AGREEMENT, as
follows:
WITNESSETH
WHEREAS, on the 16th day of December, 2009, the parties entered into the
AGREEMENT for On Call Professional Engineering Services; and
WHEREAS, the AGREEMENT states the parties entered into the AGREEMENT on the
21st day of October 2009; and
IN CONSIDERA nON of the mutual promises contained herein, the parties hereby agree
as follows:
1. The AGREEMENT shall be amended to read as follows:
THIS Contract (The AGREEMENT) made and entered into this 16th day of December
2009, by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West Florida, 33040, its successors and
assigns hereinafter referred to as the "COUNTY," through the Monroe County Board of
County Commissioners (BOCC), the Owner
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
stated above.
BOARD OF COUNTY
COMMISSIONERS OF MONROE
::'UN~~
M or/Ch rman
Witness
By:
CONSULTANT
r; F:
by: +~ l~ t=2ANTZ TASS'(
Title:
f,10~1,~OE cour!TV J\TTO;\0JE:V
PFROVEO ;0,3 TO FORM:
.L," ~ 1 - <\
CHRISTIN M. LiMBeRT-BARROWS
ASS I ST:ifj d;Ji'JTY ATTORNEY
D:.ite _ -/D
Contract for On Call Professional Engineering Services
)D+!...-.\)~:.e ,.-1.)<1
THIS Contract (The AGREEMENT) made and entered into this ~ay of Oct0190f
2009, by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West Florida, 33040, its successors and
assigns hereinafter referred to as the "COUNTY," through the Monroe County Board of
County Commissioners (BOCC), the Owner
And
Bermello Ajamil & Partners, Inc., a Corporation of the State of Florida, whose address is
260 I South Bayshore Drive, 10th Floor, Miami, Florida, 33133, its successors and
assigns, hereinafter referred to as "CONSULT ANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various County Projects located in Monroe County, Florida and
WHEREAS, CONSULTANT has agreed to provide professional services for
miscellaneous projects in which construction costs do not exceed $2,000,000.00
The professional services required by this Contract will be for services in the form of a
continuing contract, commencing the effective date of this agreement and ending four
years thereafter, with options for the County to renew on an annual basis two consecutive
times.
Specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULT ANT. Task Orders will contain specific scope
of work, time schedule, charges and payment conditions, and additional terms and
conditions that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY and the CONS UL T ANT constitutes the
COUNTY's written authorization to CONSULT ANT to proceed with the services
described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision of this
Agreement, the Article of this Agreement to be modified will be specifically referenced
in the Task Order and the modification shall be precisely described.
NOW, THEREFORE, in consideration of mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is
hereby acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, the CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONSULT ANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULT ANT'S duties hereunder have been satisfied;
1.1.2 The CONSULT ANT has become familiar with the Project site and the local
conditions under which the Project is to be designed, constmcted, and operated;
1.1.3 The CONSULT ANT shall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a
manner that they shall be in conformity and comply with all applicable law, codes
and regulations. The CONSULTANT 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 constmction cost due to missing
or incorrect design elements in the contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, the CONSULT ANT shall
abide by all statutes, ordinances, mles and regulations pertaining to, or regulating
such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, mles 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
CONSULTANT.
1.1.6 At all times and for purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be constmed so as to find the CONSULT ANT or any other of hislher
employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
2
1.1.7 The CONSULTANT shall not discriminate against any person based on race,
creed, color, national origin, sex, age or any other characteristic or aspect which is
not related, in its recruiting, hiring, promoting, terminating, or other area affecting
employment under this agreement or with the provision of services or goods
under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1.1 The CONSULTANT will perform for the COUNTY services as described in
individual Task Orders in accordance with the requirements outlined in the
Agreement and the specific Task Order. These services will include, but not be
limited to:
A. Provide comprehensive transportation engineering design services for
road and bridge construction and rehabilitation projects, including
design, surveying, drafting, preparing specifications and contract
documents, traffic studies, lighting and signalization, geotechnical
investigations, permitting, assisting with review of contractor bids,
comprehensive project management services, and construction
engineering and inspection services.
B. Provide comprehensive stormwater and drainage engineering services
including design, surveying, feasibility studies, geotechnical
investigations, permit preparation, preparing construction plans,
specifications and contract documents, assisting with review of
contractor bids, comprehensive project management services and
construction engineering and inspection services.
C. Provide comprehensive environmental engineering services including
design, surveying, geotechnical investigations, environmental
assessments, water quality studies, sampling analysis and monitoring,
permit preparation, preparing construction plans, specifications and
contract documents, assisting with review of contractor bids,
comprehensive project management services and construction
engineering and inspection services.
D. Provide comprehensive structural engineering services including
design, surveying, facility inspections and assessments, preparing
construction plans, specifications and contract documents, permitting,
construction administration related to new construction, construction
improvements, rehabilitation and/or retrofit of County facilities and
buildings.
3
E. Provide general engineering services including but not limited to
surveying. drafting. studies and assessments. engineering design.
preparation of bid and proposal documents, permitting, assistance with
technical review of contractor docllments, construction engineering
and inspection services for miscellaneous County projects.
2.1.2 The CONSULTANT shall be responsible for performing in accordance with all
applicable Florida Department of Transportation (FOOT) manuals. procedures.
specifications and guidance for all Local Agency Program (LAP) projects. When
a Project is funded through the America Recovery and Reinvestment Act of 2009
(ARRA) and will be administered under the Florida Department of
Transportations' Local Agency Program (LAP). the CONSULT ANT must be
familiar with and must comply with all applicable federal. state and local
requirements of these programs. The CONSULTANT shall exercise their
independent professional judgment in performing their obligations and
responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida
Department of Transportation's. Constmction Project Administration Manual
(CPAM). the authority of the Consultant's lead person. such as the Senior Project
Engineer. and the Consultant's Project Administrator shall be identical to the
Department's Resident Engineer and Project Administrator respectively and shall
he interpreted as such.
2.2 CORRECTIONS OF ERRORS, OMMISSIONS, DEFICIENCIES
2.2.1 The CONSULTANT shall. without additional compensation. promptly correct
errors. omissions. deficiencies. or conflicts in the work product of the
CONS UL T ANT or its subconsultants. or both.
2.3 NOTICE REQUIREMENTS
2.3.1 All written correspondence to the COUNTY shall be dated and signed by an
authorized representative of the CONSULTANT. Any notice required or
permitted under this agreement shall be in writing and hand delivered or mailed.
postage prepaid, to the COUNTY by certified mail, return receipt requested. to
the following:
Ms. 1udith Clarke. P.E.
Monroe County Engineering Services
1100 Simonton St. Rm 2-216
Key West. FL 33040
And:Mr. Roman Gastesi, 1r.
County Administrator
1100 Simonton Street
Key West, FL 33040
.j.
For the Consultant:
Frantz Tassy, P.E.
Bermello Ajamil & Partners, Inc.
2601 South Bayshore Drive, 10th Floor
Miami, Florida, 33133
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the COUNTY as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the COUNTY before
commencement, and as follows;
A. Providing services of CONSULTANT 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.
C. Providing representation before public bodies in connection with the Project,
upon approval by the COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall
issue a letter requesting and describing the requested services to the CONSULT ANT.
The CONSULTANT shall respond with fee proposal to perform the requested services.
Only after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the project
including physical location of work, county maintained roads and maps.
4.2 The COUNTY shall designate Monroe County Engineering Services Department
to act on the COUNTY'S behalf with respects to the Project. The COUNTY or Monroe
County Engineering Services Department shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULT ANTS services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or
5
nonconformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Consultants services and work of the contractors.
4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY'S criteria, as, and if, modified. No review of sllch
documents shall relieve the CONSULT ANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete
the work.
4.7 Any information that may be of assistance to the CONSULT ANT that the
COUNTY has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1.1 The CONSULT ANT covenants and agrees to indemnify and hold harmless
COUNTY/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 CONSULT ANT or Subcontractor(s) in any tier, occasioned by
the negligence, errors, or other wrongful act or omission of the CONS UL T ANT
in any tier, their employees, or agents.
5.1.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for
the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the CONSULTANT. the CONSULTANT 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.
5.1.3 In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONSULTANT'S failure to purchase or
maintain the required insurance, the CONS UL T ANT shall indemnify COUNTY
fi
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 CONSULT ANT the CONSULTANT
agrees and warrants that CONSULT ANT 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.
5.1.4 The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within the Agreement.
5.1.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service
concerning the project. At the time of execution of this Agreement, the parties anticipate
that the following named individuals will perform those functions as indicated:
NA.ME
i=RIlNTZ TASSY
JAc~ '1ooN~
J'Dse EL.IAS I-lAt-JDA L
FUNCTION
p~OTecT I--1A/VA6e:R..
5E.J.J/oR.. ENGI N EEl<.
::ruAJIOR. E NGw'lJ EcR..
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
P A Y.MENTS
7.1 PAY.MENT SUM
7.1.1 The COUNTY shall pay the CONSULT ANT in current funds for the
CONS UL T ANT'S performance of this Agreement based on rates negotiated and
agreed upon and shown in Exhibit B.
7.2 P A Y.MENTS
7
7.2.1 For its assumption and performances of the duties, obligations and responsibilities
set forth herein, the CONSULTANT shall be paid monthly.
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this agreement after execution of this
Agreement, compensation due to the CONSULT ANT shall be equitably
adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULT ANT shall submit monthly, unless otherwise agreed in writing
by the COUNTY, an invoice to the COUNTY requesting payment for
services properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the
service rendered. The CONSULTANT'S invoice shall be accompanied by
such documentation or data in support of expenses for which payment is
sought that the COUNTY may require.
(C) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same
are first authorized in writing by the COUNTY, the CONS UL T ANT shall
be paid hourly at the rates identified in Exhibit B, or as negotiated.
7.3 REIl\'ffiURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the Project:
a. Expenses of transportation submitted by CONSULT ANT, in writing. and
living expenses in connection with travel authorized by the COUNTY, in
writing, but only to the extent and in the amounts authorized by Section
112.061. Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing
the scope of services:
c. Postage and handling of reports;
7.4 BUDGET
7.4.1 The CONSULANT 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 of the COUNTY'S Board of County Commissioners.
x
7.4.2 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 the Task Order, the agreement may be
terminated immediately at the option of the COUNTY by written notice of
termination delivered to the CONSULTANT. The COUNTY shall not be
obligated to pay for any services provided by the CONSULTANT after the
CONSULTANT has received written notice of termination, unless otherwise
required by law.
7.4.3 The COUNTY does not guarantee CONSULTANT any specific amount of work
or task orders under this agreement.
ARTICLE VIII
8.1 INSURANCE
8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
of the project (to include the work of others) is delayed or suspended as a result of
the CONSULT ANT'S failure to purchase or maintain the required insurance, the
CONSULT ANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
8.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VIol' 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 sixty (60) days notice to the
COUNTY prior to any cancellation of said coverage. Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY.
8.1.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Chapter 440, Florida Statutes.
B. Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Million
Dollars ($1,000,000.00) combined single limit and One Million Dollars
($1,000,000.00) annual aggregate.
9
D. Commercial general liability, including Personal Injury Liability insurance
covering claims for injuries to members of the public or damage to property of
others arising out of any covered act or omission of the CONSULTANT or
any of its employees, agents or subcontractors or subconsultants, including
Premises and/or Operations, Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with One Million Dollars ($1,000,000) per occurrence and
annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this Agreement. In addition, the
period for which they may be reported must extend for a minimum of -1-8
months following the termination or expiration of this Agreement.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect 10
CONSULTANTS liabilities hereunder in insurance coverage identified 111
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
H. CONSULT ANT 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 hereunder. The COUNTY
reserves the right to require a certified copy of such policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required
to submit updated financial statements from the fund upon request from the
COUNTY.
8.2 APPLICABLE LAW
This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida.
10
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and that it is agreed that such section headings are not a part of this
Agreement and will not be use in the interpretation of any provisions of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULT ANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this Agreement
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULT ANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement.
Subject to the provisions of the immediately proceeding sentence, each party hereto binds
itself, its successors, assignees and legal representatives to the other and to the
successors, assigns and legal representatives of such other party. The CONSULTANT
shall not assign its right hereunder, excepting its right to payment, nor shall it delegate
any of its duties hereunder without the written consent of the COUNTY.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise. with or
any rights in favor of, any third party.
9.5 TERMINATION
A. In the event the CONSULT ANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this Agreement after five days
written notification to the CONSULT ANT.
B. The County may terminate this Agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
The contract documents consist of the Request for Qualifications (RFQ), any addenda,
the Form of Agreement (Articles I-XV), the CONSULTANTS response to the RFQ, the
11
documents referred to in the Form of Agreement as a part of this Agreement, and the
attachments A and Exhibit B and modifications made after execution by written
amendment. [n the event any conflict between any of those Agreement documents, the
one imposing the greater burden on the CONSULT ANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity.
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes), Violation of this section shall result in termination of this Agreement and
recovery of all moneys paid hereto, and may result in debarment from COUNTY'S
competitive procurement activities.
In addition to the foregoing, CONSULT ANT further represents that there has been no
determination, based on an audit that it or any subconsultant has committed an act
defined by Section 287.133, as "public entity crime", and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
CONSUL T ANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULT ANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this Agreement. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
I~
CONS UL T ANT shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, nmning from the date the monies were paid to County.
9.9 GOVERNING LAW. VENUE, INTERPERTATION, COST AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULT ANT agree
that venue will lie in the 16TH Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration. The County and
CONSULTANT 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.
9.10 SEVERABILITY
If any term, covenant, condition or prOVIsIOn of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees 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, as an award against the non-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
13
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for.
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONS UL T ANT 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 CONSULT ANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
9.17 NON DISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes.
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 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),
14
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.20 NO SOLICITATION/PA YMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONSULTANT agrees that the COUNTY shall have
15
the right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage.
gift, or consideration.
9.21 PUBLIC ACCESS
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
9.22 NON- WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITY
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and mles and pensions and relief. disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
16
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULT ANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTATION
CONSULT ANT 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. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end
of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such
counterpart.
9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIRE:MENTS
Following forms and provisions are incorporated in and made part of this Agreement.
9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act the Consultant or
their subcontractors shall pay workers employed directly upon the site of the work
no less than the locally prevailing wages and fringe benefits paid on projects of a
similar character. The current wage rates can be found at:
WWW.access.gpo.gov/davisbacon/tl.html under Monroe County.
17
9.29.2 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will
comply with all the requirements as imposed by the ADA. the regulations of the
Federal government issued thereunder, and the assurance by the CONSULT ANT
pursuant thereto.
9.29.3 DISADV ANT AGED BUSINESS ENTERPRISE (DBE)POLICY AND
OBLIGATION
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It is the policy of the COUNTY that DBE's, as defined in C.ER. 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
~ ~E;f€quirements of applicable federal and state laws and regulations apply to
tfi~:.Ai?;reement. The COUNTY and its CONSULT ANT agree to ensure that
~ . D8E>-s have the opportunity to participate in the performance of the Agreement.
Ill. this regard, all recipients and contractors shall take all necessary and
tea,sonable steps in accordance with applicable federal and state laws and
'regulations to ensure that DBE's have the opportunity to compete and perform
. e{)ntracts. The COUNTY and the CONSULTANT and subcontractors shall not
'.' dtS~riminate on the basis of race, color, national origin or sex in the award and
performance of contracts. entered pursuant to this Agreement.
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9.29.4 CONVICT LABOR
The convict labor prohibition in 23 U.S,c. 114 applies to Federal Aid
construction projects. Convict labor cannot be used for Federal Aid construction
projects.
9.29.5 FHW A Form 1273 is attached hereto as Attachment A and made a part 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)
Attest: DANNY L. KOLHAGE, Clerk
BYCZ~~
Deputy Clerk
O~C 1 6 2009
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
By:
Mayor/Chairman
Date:
~~~~
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(Seal)CONSUL T ANT
::est: i t P
Title: J..aJ\t>> ~o.f"t\\""
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By: -f I ~
WITNESS
END OF AGREEMENT
19
ATTACHMENT A
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
General .........
Nondiscrimination . . . . .
Nonsegregated Facilities. .............
Payment of Predetermined Minimum Wage
Statements and Payrolls . . . . . . . . . . . . . . .
Record of Materials, Supplies, and labor
Subletting or Assigning th.e Contract ... . . . . . . . . .
Safety: Accident Prevention ..................
False Statements Concerning Highway Projects.
Implementation of Clean Air Act and Federal
Water Pollution Control Act ............ . . . . . . . .
Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion .............
Certification Regarding Use of Contract Funds for
lobbying . . . . . . . . . . . . . . .
ATTACHMENTS
Page
1
1
3
3
5
5
5
6
6
6
6
8
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superinten-
dence and to all work performed on the contract by piecework. station
work, or by subconlract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lo.....er tier subcontract or purchase order that may in
lurn be made. The Required Contract Provisions shall not be
incorporated by reference In any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of the
contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of labor (DOL) as set forth in 29
CFR 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
contracting agency, the DOL, or the contractor's employees or their
representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment preference for
Appalachian contracts. when applicable, as specified in Attachment
A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release. or probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid construction contracts and to all
Form FHWA-1273 (Rev. 3-94)
related subcontracts of $10.000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
nity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws. executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of labor as modified by the provisions
prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the
contractor's project activilles under this contract. The Equal Opportu-
nity Construction Contract Specifications set forth under 41 CFR 60-
4.3 and the provisions of the American Disabilities Act of 1990 (42
U.S.C. 12101 et ~.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporat&a by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obligations
and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin,
age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, Including apprentice-
ship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known
to the SHA contracting offICers an EEO Officer who will have the
responsibility for and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual responsibili-
ties to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the contractor's
EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covenng all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants for
employment and potential employees.
e. The contractor's EEO policy and the procedures to imple-
ment such policy will be brought to the attention of employees by
means of meetings, employee handbooks, or other appropriate
means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer.. All such advertisements will be placed
Page 1
in publications having a large circulation among minoflty groups In the
area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified minority
group applicants. To meet this requirement, the contractor will
identify sources of potential minority group employees, and establish
with such identified sources procedures whereby minority group
applicants may be referred to the contractorforemployment consider-
ation.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to observe
the provisions of that agreement to the extent that the system permits
the contractor's compliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the
effect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Executive
Order 11246, as amended.)
c. The contractor will encourage his present employees to refer
minority group applicants for employment. Information and proce-
dures with regard to referring minority group applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel actions
of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to
race, color, religion, sex, national origin, age or disability. The
following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of discrimi-
natory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimina-
tion. Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination may
extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptiy investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plaints, and will take appropriate corrective action within a reasonable
time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall
include such other persons. Upon completion of each investigation,
the contractor will inform every complainant of all of his avenues of
appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeshiP, and
on-the-job training programs for the geographica area of contract
performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under
this contract, this subparagraph will be superseded as indicated in the
special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and will
encourage eligible employees to apply for such training and promo-
tion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use his/her best efforts
to obtain the cooperation of such unions to increase opportunities for
Page 2
minority groups and women within the unions, and to effect referrals
by such unions of minority and female employees. Actions by the
contractor either directly or through a contractor's association acting
as agent will include the procedures set forth below'
a. The contractor will use best efforts to develop, in coopera-
tion with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor union
and such labor union refuses to fumish such information to the
contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable Mow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national origin,
age or disability; making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The DOL has held
that it shall be no excuse that the union with which the contractor has
a collective bar\laining agreement providing for exclusive referral
failed to refer minority employees.) In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these special
provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origin. age or disability
in the selection and retention of subcontractors, including procure-
ment of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA
personnel.
c. The contractor will use his best efforts to ensure subcontrac-
tor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of the
SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non-minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportunities
for minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female employees;
and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA
Form FHWA-1273 (Rev 3-94)
each July for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on-the
job training is being required by special provision, the contractor will
be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agreement
or purchase order, as appropriate, the bidder, Federal-aid construc-
tion contractor, subcontractor, material supplier, or vendor, as
appropriate, certifies that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are
maintained. The firm agrees that a breach of this certification is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee will be denied access to adequate facilities
on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking),
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of material
supply agreements of $10,000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural minor collectors, which are
exempt)
1. General:
a. All mechanics and laborers 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 permitted by
regulations (29 CFR 3) issued by the Secretary of labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of
payment. The payment shall be computed at wage rates not less
than those contained in the wage determination of the Secretary of
labor (hereinafter "the wage determination") which is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcon-
tractors and such laborers and mechanics. The wage determination
(including any additional classifications and wage rates conformed
under paragraph 2 of this Section IV and the DOL poster (WH-1321)
or Form FHWA-1495) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For the
purpose of this Section, contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1(b)(2) of the
Davis-Bacon Act (40 U.S .C. 276a) on behalf oflaborers or mechanics
are considered wages paid to such laborers or mechanics, subject to
the provisions of Section IV, paragraph 3b, hereof. Also, for the
purpose of this Section, 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 durin!;! such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to
skill, except as provided in paragraphS 4 and 5 of this Section IV.
Form FHWA-1273 (Rev. 3-94)
b. 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.
c. All rulings and interpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional classifica-
tion, wage rate and fringe benefits only when the following criteria
have been met
(1) the work to be performed by the additional classifica-
tion requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates contained
in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, D.C. 20210. The Wage and Hour
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 contract-
ing officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropri-
ate, the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer,
to the Wage and Hour Administrator for determination. Said
Administrator, or an authorized representative, will issue a determina-
tion 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
e. The wage rate (including fringe benefrts where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall be
paid to all workers performing work in the additional classification
from the first day on which work is performed in the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or subcontractors.
as appropriate, shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an
hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secretary
of labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The
Secretary of labor may require the contractor to set aside in a
separate account assets for the meeting of obligations under the plan
or program.
Page 3
4. Apprentices and Trainees (Programs of the U,S. DOL) and
Helpers:
a Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if a
person is employed in his/her first 90 days of probationary employ-
ment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a State apprenticeship
agency (where appropriate) to be eligible for probationary employ-
ment as an apprentice.
(2) The allowable ratio of apprentices to joumeyman-Ievel
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any employee listed on a payroll
at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of
work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a
contractor or subcontractor 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-level
hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed.
(3) 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-level hourly
rate specified in the applicable wage determination. 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 for the Wage and Hour Division
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination.
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau, with-
draws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the comparable work
performed by regular employees until an acceptable program is
approved.
b. Trainees:
(1) 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 the DOl. Employment and Training
Administration.
(2) The ratio of trainees to journeyman-level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not registered
and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman-level 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 on the
wage determination unless the Administrator of the Wage and Hour
Page 4
Division determines that there is an apprenticeship program associ-
ated with the corresponding journeyman-level wage rate on the wage
determination which provides for less than full fringe benefits for
apprentices, in which case such trainees shall receive the same
fringe benefits as apprentices.
(4) In the event the Employment and Training Administra-
tion withdraws approval of a training program, the contractor or
subcontractor 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.
c Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance procedure
set forth in Section IV.2. Any worker listed on a payroll at a helper
wage rate, who is not a helper under a approved definition, shall be
paid not less than the applicable wage rate on the wage determina-
tion for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage rates
for apprentices and trainees under such programs will be established
by the particular programs. The ratio of apprentices and trainees to
joumeymen shall not be greater than permitted by the terms of the
particular program.
6 Withholding:
The SHA shall upon its own action or upon written request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract or
any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to Davis-Bacon prevailing
wage requirements which is held by the same prime contractor, as
much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices.
trainees, and helpers, employed by the contractor or any subcontrac-
tor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or
part of the wages required by the contract, the SHA contracting officer
may, after written notice to the 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.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in any
workweek in which he/she is employed on such work, to work in
excess of 40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensation at a rate not less than
one-and-one-half times his/her basic rate of pay for all hours worked
in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under 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, mechanic, watchman, or guard employed in
violation of the clause set forth in paragraph 7, in the sum of $10 for
each calendar day on which such employee was required or permit-
ted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
Form FHWA-1273 (Rev 3-94)
The SHA shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other
Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the
site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash
equivalent thereof the types described in Section 1(b)(2)(B) of the
Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. In addition, for Appala-
chian contracts, the payroll records shall contain a notation indicating
whether the employee does, or does not, normally reside in the labor
area as defined in Attachment A paragraph 1. Whenever the
Secretary of Labor, pursuant to Section IV, paragraph 3b, has found
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 1 (b )(2)(B) of the Davis Bacon Act, the
contractor and each subcontractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program
has been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred in
providing benefits. Contractors or subcontractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees. and
ratios and wage rates prescribed in the applicable programs.
c. Each contractor and subcontractor shall fumish, each week
in which any contract work is performed. to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices. trainees. and helpers. described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work during
the preceding weekly payroll period). The payroll submitted shall set
out accurately and completely all of the information required to be
maintained under paragraph 2b of this Section V. This information
may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superin-
tendent of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime
contractor is responsible for the subrnlssion of copies of payrolls by
all subcontractors.
d. Each payroll submitted shall be accompanied by a "State-
ment of Compliance: signed by the contractor or subcontractor or
his/her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete;
(2) that such laborer or mechanic (induding each helper,
apprentice. and trainee) employed on the 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
Form FHWA-1273 (Rev. 3-94)
either directly or indirectly from the full wages earned. other than
permissible deductions as set forth in the Regulations. 29 CFR 3;
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. 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 2d of this Section V.
f. The falsification of any of the above certifICations may
subject the contractor to civil or criminal prosecution under 18 U.S.C.
1001 and 31 U.SC. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA. or the DOL, and shall permit such representatives
to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to
make them available. the SHA. the FHWA. the DOL, or all may, after
written notice to the contractor. sponsor, applicant. or owner, take
such actions 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.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad wade crossin\ls, those which are constructed on
a force account or direct labor baSIS. highway beautification contracts.
and contracts for which the total final construction cost for roadway
and bridge is less than $1 ,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, "Statement of Materials and
Labor Used by Contractor of Highway Construction Involving Federal
Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of the
quantities of those specific materials and supplies listed on Form
FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish. upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data reqUired
in paragraph 1b relative to materials and supplies. a final labor
summary of all contract work indicating the total hours worked and
the total amount earned.
2. At the prime contractor's option. either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater percentage
if specified elsewhere in the contract) of the total original contract
price. excluding any specialty items designated by the State.
Specialty items may be performed by subcontract and the amount of
any such specialty items performed may be deducted from the total
original contract price before computing the amount of work required
to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of
Page 5
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are to
be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced
by the contractor under the contract provisions.
3 The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract require-
ments, and is in charge of all construction operations (regardless of
who performs the work) and (b) such other of its own organizational
resources (supervision, management, and engineering services) as
the SHA contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements
of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety.
health, and sanitation (23 CFR 635). The contractor shall provide all
safeguards. safety devices and protective equipment and take any
other needed actions as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary to protect the life
and health of employees on the job and the safety of the public and
to protect property in connection with the performance of the work
covered by the contract.
2. It is a condition of this contract. and shall be made a condition
of each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit
any employee, in performance of the contract, to work in surround-
ings or under conditions which are unsanitary, hazardous or danger-
ous to hislher health or safety, as determined under construction
safety and health standards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract
Work Hours and Safety Standards Act (40 US.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety and
health standards and to carry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safety Standards Act
(40 US.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in confor-
mity with approved plans and specifications and a high degree of
reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects,
it is essential that all persons concerned with the project perform their
functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts
related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar
acts, the following notice shalt be posted on each Federal-aid
highway project (23 CFR 635) in one or more places where it is
readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
HIGHWAY PROJECTS
18 USC 1020 reads as follows:
"Whoever, being an officer. agent. or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false state-
ment, false representation. or false report as to the character. quality.
Page 6
quantity, or cost of the material used or to be used, or the quantity or
quality of the work performed or to be performed, or the cost thereof
in connection with the submission of ptans, maps, specifications,
contracts, or costs of construction on any highway or related project
submitted for approval to the Secretary of Transportation: or
Whoever knowingly makes any false statement, false representa-
tion, false report or false claim with respect to the character. quality,
quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation: or
Whoever knowingly makes any false statement or false representa-
tion as to material fact in any statement, certificate, or report
submitted pursuant to proviSions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supple-
mented;
Shall be fined not more that $10,000 or imprisoned not more than
5 years or both. ..
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related
subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal-aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That any facility that is or will be utilized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as
amended (42 U.S.C. 1857 ~ ~., as amended by Pub.L. 91-604),
and under the Federal Water P6lfution Control Act, as amended (33
U.S.C. 1251 ~~., as amended by Pub.L. 92-500), Executive Order
11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the date of contract award. on the U.S. Environmental
Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all
the requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of Violating Facilities.
4 That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract. and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification . Primary Covered Transac-
tions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with
the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant
to furnish a certification or an explanation shall disqualify such a
person from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or
agency determined to enter into this transaction If it is later deter-
mined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the
Federal Government, Ihe department or agency may terminate this
Form FHWA-1273 (Rev. 3-94)
transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "partic~ant," "person:
"primary covered transaction," "principal," "proposal, and "voluntarily
excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the department or agency to which
this proposal is submitted for assistance in obtaining a copy of those
regulations.
f. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transac-
tion with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifica-
tion Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicita-
tions for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the nonprocurement
portion of the "Lists of Parties Excluded Frorn Federal Procurement
or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant IS not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
j. Except for transactions authorized under paragraph f of
these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate
this transaction for cause or default.
Form FHWA-1273 (Rev. 3-94)
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principalS:
a. Are not presentty debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, attemptin~ to obtain, or performing a public (Federal, State or
local) transaclion or contract under a publiC transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1b of
this certification; and
d. Have not within a 3-year period preceding this applica-
tion/proposal had one or more public transactions (Federal, State or
local) terminated for cause or default
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification. Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government. the depart-
ment, or agency with which this transaction originated may pursue
available remedies. including suspension and/or debarment.
c. The prospective lower tier participant shall provide immedi-
ate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant," "person,"
"principal," 'proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance
in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that. should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred. suspended. declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled "Certifica-
tion Regarding Debarment. Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in
all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible. or voluntarily
excluded from the covered transaction. unless it knows that the
certification is erroneous. A participant may decide the method and
Page 7
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement
Ust
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment. Suspension. Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or volun-
tarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
P;:1ge 8
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief.
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant.
the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any Federal 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.
2. 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 31 U.S.C. 1352. 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.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts. which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
Form FHWA-1273 (Rev. 3-94)
ATTACHMENT A. EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor under-
taking to do work which is, or reasonably may be, done as on-site
work, shall give pre'erence to qualified persons who regularly reside
in the labor area as designated by the DOL wherein the contract work
is situated, or the su bregion, or the Appalachian counties of the State
wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to assure
an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract. provided that the number of nonresident persons
employed under this subparagraph 1 c shall not exceed 20 percent of
the total number of employees employed by the contractor on the
contract work, except as provided in subparagraph 4 below.
2. The contractor shall place a job order with the State Employ-
ment Service indicating (a) the classifications of the laborers,
mechanics and other employees required to perform the contract
work, (b) the number of employees required in each classification,
Form FHWA-1273 (Rev. 3-94)
(c) the date on which he estimates such employees will be required,
and (d) any other pertinent information required by the State Employ-
ment Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by telephone.
If during the course of the contract work, the information submitted by
the contractor in the original job order is substantially modified, he
shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job
applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants
who, in his opinion, are not qualified to perform the classification of
work required.
4. If, within 1 week following the placing of a job order by the
contractor with the State Employment Service, the State Employment
Service is unable to refer any qualified job applicants to the contrac-
tor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the
unavailability of applicants. Such certificate shall be made a part of
the contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not normally
reside in the labor area to fill positions covered by the certificate,
notwithstanding the provisions of subparagraph 1 c above.
5. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work which is,
or reasonably may be, done as on-site work.
Page 9
EXHIBIT B
EXHIBIT B
FEE SCHEDULE
Monroe County
On-call Professional Engineering Services
Bermello Ajamil & Partners, Inc.
Title Billing Rates I hr
Proiect Manaoer $155.00
Senior Enoineer $155.00
Engineer $110.00
Deoutv Project manager $75.00
Jr Enaineer $$70.00
Estimator $90.00
Insoector $90.00
Junior Field Insoector $75.00
Senior CADD Tech $80.00
Junior CADD Tech $55.00
Soecification Writer $60.00
Grant research / writer $60.00
Public information officer $50.00
Clerical Administrative Assistant $50.00
Rates valid for one year through December 31, 2010.
ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATI! (MMiDOIYYYY)
12/17/2009
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
USllnsurance Services, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
200 West Cypress Creek Rd #500 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Fort Lauderdale, FL 33309
954 607-4000 INSURERS AFFORDING COVERAGE HAlC.
INSURED INSURER A:. Hartford Casualty Insurance ComDany 29424
Bermello, AJamll & Partners INSURER 8: EmDlovers Insurance of Wausau 21458
2601 S. Bayshore Drive, Suite 1000 INSURER c: Continental Casualty Company 20443
Miami, FL 33133 INSURER D:
INSURER E:
Cllent#' 31137
BERMEAJA
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NDTWlTHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
LTR lNSRI TYPl! OI'INSURAHce POLICY NUMBER ~ ~ LlMTS
A ~ERAL UA8lUTY 21UUNIT3215 11/11/09 11/11/10 EACH OCCURRENCe 51 000000
X COMMERCIAL GENERAl. UASIUTY DAMA~ro RENTED 5300 000
I ClAIMS MADE [!] OCCUR MED EXP tAnY one-.on) 510.000
PERSONAl. & AOV INJURY 51000 000
-
- GENERAl. AGGREGATE 52.000 000
~N1.AGG~nLWlT nS~ PROOUCTS - COMPIOP AGG 52.000 000
POUCy ~RT LOC
A ~OMOIIIU! UA8IUTY 21UUNIT3215 11/11/09 11/11/10 COM8/NED SINGlE UMIT
~ AHYAUTO (Ee ecddenI) 51,000,000
~ ALL OWNED AUTOS :.uS SODA. Y INJURY
(Per peI'IOIl) 5
'-- SCHEDULED AUTOS
~ HIRED AUTOS 'j)' ?--\ BOOl. Y INJURY
(Per ecddenI) ,
~ NON-OWNED AUTOS
- PROPERTY DAMAGE ,
:;.--~ (Per ecddenI)
=roe UASLrrY ley ~ J \.,./ I AUTO ONLY . EA ACCIOEHT ,
AHYAUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
A @ESSNMSRI!LLA LlA8II.lTY 21XHUIT2953 11/11/09 11/11/10 EACH OCCURRENCe 55 000.000
X OCCUR 0 CLAIMS MADE AGGREGATE 55 000 000
5
~ DEDUCTIBLE ,
X RETENTION 5 10000 ,
B WORKI!RI COMPEHSATIOH AND WCCZ91443789 11/11/09 11/11/10 X I we STATU-, r IO~
EMPLOYER8' UA8lUTY 51 000.000
ANY PROPRlETORIPARTNER/EXECUTlV E.L EACH ACCIDENT
OFFlCER/MEMSER exa.UDED? E.L DISSASE. EA EMPLOYEE ,1 000,000
g~~~ ooder E.L. DISEASl! . POUCY UMIT 51.000.000
C OTHER Professional AEH288262231 11/11/09 11/11/10 $2,000,000 Each Claim
Liability $4,000,000 Aggregate
DESCRlPTIOH 01' OPERATIONS' LOCATIONS' VEHICLES' EXCLUSIONS AOO!D BY ENDORIEMENT' SPeCIAL PROVIIIOHI
General Engineering Services for Monroe County
Monroe County Board of County Commissioners are named as additional
Insured with respect to Commercial General Liability, and Commercial
Automobile Liability.
Monroe County Board of County
Commissioners
Attn: Michelle Lee
1100 Simonton Street
Key West, FL 33040
CANCELLATION
SHOUl.D AN'( 01' THI! A8OV! DUCRI8I!O POUCll!S Be CAHCEW!O BEFORt THI! ElIPlRATlOH
DATE THEREOf', THE ISSUING INSURER WlU.I!HOI!AVOR TO lWL -3D- DAYS WRITTI!N
NOTICI! TO THE CERTIFICATI! HOlDER NAMED TO THI! LUT, BUT FAlLURI! TO DO so SHAl.l.
IMPOst! NO 08UGATIOH OR LlA8II.lTY OF ANY KINO UPON THE INSURER. ITS AGENTS OR
REPRI!seHT A TlVElL
AU Rl!PRESl!HTA1lW
~,.,....
CERTIFICATE HOLDER
ACORD 25 (2001/08) 1 of 3
#S41614381M4133135
CGREU
6' ACORD CORPORATION 1988
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Apri121. 2010
Division: County Administration
Bulk Item: Yes
No
Department: Facilities Development
Staff Contact PersonlPhone #: Natileene Cassel
292-3470
AGENDA ITEM WORDING: Approval of consulting contract with Helman Hurley Charvat
Peacock! Architects, Inc. to serve as an architectural expert in the case against the original
Architect on the Freeman Justice Center, Case Number 2007-CA-1428K.
ITEM BACKGROUND: An architectural consultant is necessary to assist the county and outside
counsel in the remaining portion of the case against Gonzalez Architects. This contract will also allow
for direct payment of services rendered in the case.
PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved settlement against the Tower
Group and the surety Travelers Casualty. The architect is the sole remaining party.
CONTRACT/AGREEMENT CHANGES: Allows for direct payment and for future consultations
with the expert recommended by outside counsel.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: unknown
INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: Unkown
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
i'-iONROE COUNTy BOARD OF COUNTY COr-1MISSIONERS
CONTRACT SUMMARY
Contract with: HHCP/Architects
Effective Date: 4-21-10
Expiration Date: end of litigation
Contract Purpose/Description: Contract for architects consulting re Gonzalez Architects
litigation at the Freemen Justice Center
Contract Manager: Jerry Barnett
(Name)
4416
(Ext.)
Facilities Development
(Department)
for BOCC meeting on 2/17/10
Agenda Deadline: 2/02/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 50.000 Current Year Portion: 25.000
(aoprox.) (approx.)
Budgeted? Yes X No
I Grant:
County Match: $0
Account Codes: 001- 22001- 530318
ADDITIONAL COSTS
County Attorney 1-5 - /D
YesD No[2((
YesD Nod'-
YesD NO~
l
I
Date Out I
#0' I
).J/J~ {O I
- m_ ~IIOI
<1-s-/iJ I
I
I
I Division Director
CONTRACT REVIEW
Risk f'.1anagment
"f ~ lA..
O.M.B.jPurc I sing t-/ -6 -/0
P;il:;/3
~(J
Changes
Needed
YesD No
Comments:~(.a.I"(\-(Y'lt- ~o{:s nO\-if'\c\"-~c... Q flA'o\i(. tl\+i~ C.nm~ =-~~r(LMlt
ut"\d c....... t...'\Y'iL '$ s\-,^1-..LVV\J!m, fOjk"1'f
or...1B Forn-, Re~"ised 9/11/95 i1iCP #2
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Apri12L 2910
Division: Facilities Development
Bulk Item: Yes
No
Department: Facilities Development
Staff Contact PersonlPhone #: Natileene Cassel
292-3470
AGENDA ITEM WORDING: Approval of consulting contract with Helman Hurley Charvat
Peacocki Architects, Inc. to serve as an architectural expert in the case against the original
Architect on the Freeman Justice Center, Case Number 2007-CA-1428K
ITEl\'1 BACKGROUND: An architectural consultant is nec-essary to assist the county and outside
counsel in the remaining portion of the case against Gonzalez Architects. This contract will also allow
for direct payment of services rendered in the case.
PREVIOUS RELEVANT BOee ACTION: The BOCC has approved settlement against the Tower
Group and the surety Travelers Casualty. The architect is the sole remaining party.
COl'l'TR.4.CTiAGREEwIENT CHANGES: Allows for direct payment and for future consultations
with the expert recommended by outside counsel.
STAFF RECOIVfMENDA TIONS: Approval
TOTAL COST: unknown
INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: Unkown
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes NO~ ~OUNTPERMONTH Year
APPROVED BY: County Arty ~O~#urC~Sing _ Risk Management_
DOCUMENTATION: Inciuded /' NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
, .
PROFESSIONAL SERVICES AGREEMENT
BETWEEN MONROE COUNTY AND
BeInum Burley Charvat PeacocldArchiteetsJ Inc.
TIllS AGREEMENT made and entered into this _ day of .2010, by and between the
MONROECOUNIY ("COUNTY"), a political subdivision of the State of Florida whose address
is 1100 Simonton Street, Key West, Florida 33040, and Belman Hurley Charvat Peacoekl
Arehiteds, IDe. ("HHCPj, a professional OODSUlfine corporati~ whose address is 222 W.
Maitland Blvd., Maitland, Florida 32751- 4399 hereby entC'l'S into this Agreement regarding the
retention ofHHCP by COUNlY to provideconsu1ting services in the case involving Gonzaletl:
Architects and Monroe County, Case No. 07-CA-1428K.
WHEREAS, COUNIY desires to continue the services ofIllICP to provide expert technical
consultation in review of architectural standards, construction docwnents, research and related
expert opinion, and, ifnecessary, expert testimony; and
WHEREAS, IllICP desires to provide the services to the COUNTY;
NOW 1HEREFORE, in consideration of the mutual covenants and provisions contained berein"
the parties agree as follows:
1. HHCP will provide ~ consultation and technical advice in the areas of architectural
standards, construction document review. related research, and expert testimony, if requested, by
COUNIY in the litigation. -
2. The parties agree that HHCP was hired under the Agreement between the COUNIY and
GraylRobinson P.A dated July 19, 2006 and amended on June 20, 2007 and February 17, 2010;
however, as the litigation has proceeded it bas become more reasonable to enter into this separate
Agreement with IllICP.
3. This Agreement is retroactive to October 1, 2009, and shall become effective upon
signatme by all parties and shall continue in effect until services are completed or tem"mllfM by
either party. with or without cause, upon fifteen (IS) days written notice to the other party. HHCP
has sent two invoices prior to the date of this Agreement, which the COUNTY agrees to pay in
full as billed. The invoices are dated December 31, 2009, in the amount of $10,000.00 and
January 31. 2010. in the amount of $525.000; and are attached hereto as Composite Exhibit A
4. HHCP shall henceforth invoice COUNfY at the hourly rate and time for approved
timekeepers. Records of the time expended and a specific description of the serviceperformed by
each timekeeper shall be detailed separately on the invoices. Personnel who are not listed as
timekeepers will not be paid unless approved in writing undertbe requirements oftbis
Agreement. Without written approval no more than one timekeeper will be paid for court
appearances, attendance at depositions and meetings. including meetings with COUNTY
representatives. and internal conferences. In the event that more than one person attends. only the
time of the person with the lowest rate will be billable. HHCP is not permitted to use this matter
to provide on the job training for a time-keeper, and bill for that time-keeper's services, without
COUNTY'S advance approval.
Page 1 of4
-, :,::~n"- r:(' . ,--
'-" ,'_C: J JUhi i Y ATTOF'f '~;.
~p. ~ROVED AS T ~;, .
"jA"''-~'I~' ~
" 1"1 , ; '_.t:::: ,', t: VI} r. A '~, .'~ E I
t\ <.~ Q-! C, . f ; j.' _, _.,' -J --- --' -
~''''',~ 1 '-\",' Cuur-,. TV AT-"Oqi\jEV
DEitC.; f -;5 /'0 I '" ,
1
tIJ
. ,
Hourlv Rates. and ChsDCn'.!ll to hourlv rates are set at:
Approved Time Keepers:
John H. Jordan. AIA - Sr. VICe PresidentIDiv. Director
William C. Charvat, AlA, CSI - Executive Vice President
Sam L Lee, P.E. - Senior Vk:e President
John Ehrig, F AlA, . Vice President
VJJice Mastroeni, AINAIC - Case MaDager I
Michael Campbell, RA . Case Manager I
Susan Domanski, AlA, LEED AP - Case Manager 2
Jaime Argueta Sr., AlA Associate - Case Manager 2
Dianne Panton Gtapbic Designer
Rebecca Munson, Case Researcher 2
Elizabeth Bridges, Admin. Assistant
Hourly Rate:
$2SOJhour
$2S01hour
$25OJhour
$225Jhour
$175/hour
$1751hour
$16S1hour
$1651hour
$14Olhour
$125/hour
S75/hour
HHCP shall be reimbursed for travel and other expenses only to the extent and the amounts
authorized by the Monroe County ~ payment will be made periodically, but no more
frequently than monthly, in arrears. Expenses shall be submitted by HHCP and authorized by
COUNTY in writing with backup documeDtation as required by the Clerk of Court. No ~plier
will be paid on any expense or reimbursable, nor will and administrative fee of any kind be
allowed undertbis agreement. Invoices shall include copies of receipts for all expenses and back-
up documentation for all services including but not limited to photocopies, telephone calls, and
other expenses. Travel expenses will be reimbutsed in accordance with the applicable provisions
.of the Monroe County Code for "approved travelers" and shall be summarized on the Monroe
County Travel Form with all applicable receipts attached thereto, Airplane travel sball be verified
by the attachment of a boarding pass or by a waiver. An example of the Monroe County Travel
Form is attached hereto as "ExhIbit A",
-5. The COUNlY'S perfonnance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners.
6. COUNTY and HHCP acknowledge that COUNTY does not waive any immunity nor
does COUNfY agree to hold consultant barmless; notwithstanding the provision of Sec. 768.28.
Florida Statutes, the participation ofHHCP and COUNlY in this Agreement and the acquisition
of any commercial liability insurance coverage. self-insurance, 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 eOUNIY be required to contain any provision
for waiver.
a. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred. this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prolnbits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 197~
as amended (20 use S8. 1681-1683, and 1685-1686). which prohibits
d:iscrimination on the basis of sex; 3) section S04 of the Rehabilitation Act of
1973, as amended (20 use s. 794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act orI97S. as amended (42 use ss.
Page20f4
2
cI
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, S8. 523 and 527
(42 use ss. 690&1-3 and 29Oee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title vm of the Civil Rights Act of
1968 (42 use So et seq.). as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) Tbe Americans with Disabilities Act of 1990
(42 use s. 1201 Note). as maybe amended.from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to. or
the subject matter of. this Agreement.
9. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepai~ to the other party by certified mail, retumed receipt requested. to the
following:
FOR COUNTY:
County Attorney
PO Box 1026
Key West, FL. 33040
(305 292-3470
FOR HHCP;
Michael Campbell
222 W. Maitland Blvd.
Maitland, Florida 32751-4399
(401) 644-2656
10. 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. Venue for
any legal action, which may arise out of or under this agreement, shall be in Monroe County.
Florida.
11. The entire agreement between the COUNTY and HHCP with respect to the subject
matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and
written proposals and connmmications between the COUNfY and HHCP related to this
Agreement. No provision of this Agreement shall be deemed waived. amended or modified by
either party unless such waiver, amendment or modification is in writing and signed by the party
against whom the waiver, amendment or modification is c1aime,d. This Agreement sball be
binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns.
12. HHCP agrees to forward to COUNTY along with Notice ofTe:rmination or upon receipt
of Notice of Termination; depending upon which party terminates the Agreement, copies of all
documents in his or herpossession of any nature whatsoever related to HHCP'S consultation with
COUNTY or obtained thereto. The Agreement is automatically terminated upon settlement, trial,
or other court action ending the litigation and no notice is required..
13. If a term, covenant, condition or provision of this Agreement shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the reJll$ining terms. covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining
term, covenant. condition and provision oftbis Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
Page30f4 .
3
cIj
conditions and provision of this Agreement would prevent the accomplishment of the original
intent of this AgreemenL The COUNIY and BHCP agree to refOIm the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
14. This Agreement may not be modified in any way without the express~ written consent
ofboth parties. Any and all modifications and Amendments of the terms of this Agreement sball
be in writing and executed by the Board of County Commissioners for Monroe County and by
HHCP in the same manner as this Agreement.
15. COUNTY and lllICP agree that nothing contained herein shall create any relationship.
contractual or otherwise, with or any rights in favor of. any third party.
16. This Agreement may be executed in any number of counterparts. each of which shall be
regarded as an origina4 all of which taken together shall constitute one and the same instrument
and the COUNTY and lllICP may execute this Agreement by signing any such counterpart.
t 7. COUNTY and HHCP agree that if any dispute and disagreement arise between them they
shall be attempted to be resolved by a meet and confer session between representatives of each
party. If the issue or issues are still not resolved to the satisfaction ofboth parties, then any party
shall have.the right to seek: such relief or remedy as may be provided under the Agreement or
under Florida law. The parties further agree that 00 party to this Agreement shall be required to
enter into any arbitration proceeding s related to this Agreement.
18. COUNTY and HHCP agree that neither presently bas any interest, and shall not acquire
any interest. which would conflict in any manner or degree with its performance under thisdAgreelIlCll4 and that the only interest of each is to perform and receive benefits as recited in this
Agreement.
nns AGREEMENT will become effective when executed by both theHHCP and
executed by the Board of County Commissioners of Monroe County. Florida.
Board of County Commissioners
Of Monroe Colmty
Attest:
. Danny L. Kolhage. Clerk
By:
By:
Sylvia Murphy, Mayor
Date:
Deputy Clerk
Date:
Witness to HHCP:
Address:
DATE:
Signa
autho . yo
.JNW JtJ4Q4M
Print Name
DATE: 1l2/IO
Signature
Print Name
Page 4 of 4
4.
rIJ
Ds.ts
COl\'lPOSiTE EXfHHiT "A;;
To Agreement with HHCP/Architects, Inc.
[!~~~~~~e~J
GrayRobinson, P.A.
Post Office Box 3
Attn: Mark Miller
Lakeland FL 33802
Project: 3270.00
HHCP I ARCHITECTS
222 W. Maitland Blvd.
Maitland, FL 32751-4399 USA
(407) 644-2656 Lic. AA C000332
Professional services through November 30, 2009
Freeman Justice Center
Outstanding Invoices
Number
0032075
Total
Date
10/31/09
Balance
10,000.00
10,000.00
PLEASE REFERENCE PROJECT NUMBER AND INVOICE NUMBER ON REMITTANCE
November 30,2009
Project No: 3270.00
Statement
RECEIVED
DEe 2 8 2009
MONROE COUNTY ATTORNEY
Total this invoice -~~~
Total now due
$10,000.00
lluJU-
7p~D
ff'., 'f',"", ".,","-" ~." 7"""" '-"";
" ~"'''' ~,...
DEe 1 8 2009
~
HHCP I ARCHITECTS
222 W. Maitland Blvd.
Maitland, FL 32751-4399 USA
(407) 644-2656 Lie. AA C000332
I . I
L~I~~volce I
GrayRobinson, PA
Post Office Box 3
Attn: Mark Miller
Lakeland FL 33802
Project: 3270.01
Freeman Justice Center Additional Svcs
Professional services throuah January 31.2010
Professional Personnel
Hours
Research/Analy.
Campbell, Michael 1/14/10
Prepare Claim analysis
Campbell, Michael 1/22/10
Review file for conference call
Totals
Total Labor
2.00
1.00
3.00
PLEASE REFERENCE PROJECT NUMBER AND INVOICE NUMBER ON REMITTANCE
January 31, 201~
Project No: 3270.01
Invoice No: 0032333
Rate
Amount
175.00
350.00
175.00
175.00
525.00
525.00
7f kJ~/$ / ID
~._.__ . _~_".__..__....__""_._"_" ..~ ...... " u "... .. "._. ".
I Total this invoice $525.001
t
./
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
4-21-2010
Division: County Administration
Bulk Item: Yes l
No
Department: Social Services
Staff Contact Person: Sheryl Graham X451 0
AGENDA ITEM WORDING: Approval of Amendment #0002 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 #0002 to the HPRP grant agreement will
amend Page 8, to insert Paragraph 35, items a-g, "Support to the Deaf or Hard-of-Hearing" to state
Monroe County will support HPRP deaf or hard of hearing clients in compliance with Section 504 of
the Rehabilitation Act of 1973, 29 US.C. 794 and the Americans with Disability Act of 1990, 42
US.C.12131, as implemented by 28 C.F.R. Part 35., to amend Page 11, Attachment A, Paragraph D,
Requested Draw Down Schedule to read MCSS request a draw of $207,110.00 for fiscal year 09-10
and $49,897.00 for fiscal year 10-11 in accordance with Attachment C, Request for Release of Funds
Schedule., Page 15, Attachment A, Homeless Funds Budget Summary Page, is deleted in its entirety
and Revised Page 15 dated 3/15/10 is inserted., Page 19, Attachment C, Request for Release of Funds
Schedule is hereby deleted in its entirety and Revised page 19 inserted and attached.
PREVIOUS RELEVANT BOCC ACTION: Prior approval of amendment #0001 granted to the
(HPRP) Homeless Prevention and Rapid Re-Housing Grant Agreement #KFZ28 on 3/17/1 O.
CONTRACT/AGREEMENT CHANGES: This amendment will allow for revision and addition of
the original HPRP grant agreement to include verbiage referencing section 504 of the of the
Rehabilitation Act of 1973,29 US.C. 794 and the Americans with Disability Act of 1990,42
US.C.12131, as implemented by 28 C.F.R. Part 35 at no cost to HPRP clients, revision of Attachment
A and Attachment C, Request for Release of Funds Schedule.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $257,007.00
BUDGETED: Yes --1L No
COST TO COUNTY: $0
REVENUE PRODUCING: Yes No -X
~~y
APPROVED BY: County Atty ~ OMBlPurchasing--X-
SOURCE OF FUNDS:
AMOUNT PER MONTH
Year
Risk Management _X_
DOCUMENTATION:
Included X
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida Department of
Children and Families
Contract # KFZ28,
amendment #0002
Effective Date: 5-1-2010
Expiration Date: 6~ W-~ll
Contract Purpose/Description: Approval of Amendment #0002 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).
Contract Manager:
Sheryl Graham
(Name)
4510
(Ext.)
Social Services/Stop 1
(Department/Stop #)
For BOCC meeting on
4-21-10
Agenda Deadline:
4-6-10
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, janitorial, salaries, etc)
CONTRACT REVIEW
Changes Date Out
D~te t N~ ~
Division Director L/ (c /0 Yes .~
Risk Management L{c-(p 1J Yes @ If-L?')o
o .J.53./purchaSing ~(,rliJ Yes Q Y-J (() ) 10
County Attorney 'I~O Yes 6' - s: ,/0
Comments:
OMB Form Revised 2/27/01 MCP #2
Grant Agreement #KFZ28
Amendment #0002
Date: 05/0112010
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 8, paragraph 35, is hereby added to read:
35. Support to the Deaf or Hard-of-Hearing
a. The provider and its partners, subcontractors, and agents shall comply with
section 504 of the Rehabilitation Act of 1973,29 V.S.C. 794, as implemented by
45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the Americans with
Disabilities Act of 1990,42 V.S.C. 12131, as implemented by 28 C.F.R. Part 35
(hereinafter referred to as ADA).
b. The provider shall, if the provider or any of its partners, subcontractors, or
agents employs 15 or more employees, designate a Single-Point-of-Contact (one
per firm) to ensure effective communication with deaf or hard-of-hearing
customers or companions in accordance with Section 504 and the ADA. The
name and contact information for the provider's Single-Point-of-Contact shall be
furnished to the department's Contract Manager within 14 calendar days of the
effective date of this requirement.
c. The provider shall, within 30 days of the effective date of this requirement,
contractually require that its partners, subcontractors and agents comply with
section 504 and the ADA. A Single-Point-of-Contact shall be required for each
partner, subcontractor or agent that employs 15 or more employees. This Sing1e-
Point-of-Contact will ensure effective communication with deaf or hard-of-
hearing customers or companions in accordance with Section 504 and the ADA
and coordinate activities and reports with the provider's Single-Point-of-Contact.
d. The Single-Point-of-Contact shall ensure that employees are aware of the
requirements, roles & responsibilities, and contact points associated compliance
with Section 504 and the ADA. Further, employees of providers, its partners,
subcontractors, and agents with 15 or more employees shall attest in writing that
they are familiar with the requirements of Section 504 and the ADA. This
attestation shall be maintained in the employee's personnel file.
e. The provider's Single-Point-of-Contact will ensure that conspicuous Notices
which provide information about the availability of appropriate auxiliary aids
and services at no-cost to the deaf or hard-of-hearing customers or companions
are posted near where people enter or are admitted within the agent locations.
Such Notices must be posted immediately, but not later than March 12, 2010,
with respect to current providers (partners, subcontractors, and agents). The
approved Notice can be downloaded through the Internet at:
http://www.dcf.state.fl.us/admin/ig/ civilrights.shtml.
Grant Agreement #KFZ28
Amendment #0002
Date: 05/0112010
f. The provider and its partners, subcontractors, and agents shall document the
customer's or companion's preferred method of communication and any
requested auxiliary aids/services provided in the customer's record.
Documentation, with supporting justification, must also be made if any request
was not honored. The provider shall submit Compliance Reports monthly, not
later than the 15th day of each month, to the department's Contract Manager. The
provider shall distribute Customer Feedback forms to customers or companions,
and provide assistance in completing the forms as requested by the customer or
companIOn.
g. If customers or companions are referred to other agencies, the provider must
ensure that the receiving agency is notified of the customer's or companion's
preferred method of communication and any auxiliary aids/service needs.
2. Page 11, Attachment A, paragraph D., Requested Draw Down Schedule, is hereby
amended to read:
D. Requested Draw Down Schedule
MCSS requests a draw of$207,11O.00 for state fiscal year 2009 -2010 and $49,897.00 for
state fiscal year 2010 - 2011. The draws will be requested in accordance with Attachment C,
Request for Release of Funds Schedule.
3. Page 15, Attachment A, Homeless Funds Budget Summary Page, is hereby deleted in its
entirety and Revised page 15, Homeless Prevention Funds Budget Summary Page,
dated 3/15/2010, is hereby inserted in lieu thereof and attached hereto.
4. Page 19, Attachment C, Request for Release of Funds Schedule, is hereby deleted in its
entirety and Revised page 19, Revised Attachment C, Request for Release of Funds
Schedule, is hereby inserted in lieu thereof and attached hereto.
This amendment shall begin on Mav 1.2010 or the date on which the amendment has been
signed by both parties, whichever is later.
All provisions in the grant agreement 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 grant agreement.
This amendment and all its attachments are hereby made a part of the grant agreement.
2
, Grant Agreement #KFZ28
Amendment #0002
Date: 05/0112010
IN WITNESS THEREOF, the parties hereto have caused this five (5) page amendment to be
executed by their officials thereunto duly authorized.
PROVIDER:
MONROE COUNTY B.O.C.C.
.--~RID-A
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED
BY:
SIGNED
BY:
NAME: Sylvia Murphy
NAME: Gilda Ferradaz
TITLE: Mayor
TITLE: Circuit Administrator
DATE:
DATE:
FEDERAL ID NUMBER: 59-6000749
;\~-:-\/ f..\ ,
A PROVED AS TO FORM
LEGAL SUFFICIENCY
.to \ 0
~'~-- 1:i2~' . ,
7~~J~:~~:ft"'T~
Date
3
Revised Attachment A
Homeless Prevention Funds Budaet Summary Paae
**revised 3/15/10
Agency: Monroe County Board of County Commissioners
Total grant allocation =$257,007.00
DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL
Year One budget(7/1/09-6/30/10)= 207,110.00
LINE ITEMS TOTAL MCSS L1HEAP Monroe County
EXPENSE & other grants General Revenue
A. Financial Assistance-direct client assistance 2,137,118.35 190,413.79 1,406,704.56 540,000.00
(includes rental assistance and utility payments)
B. Case Management & Employment Skills 8,582.20 8,582.00 0 0
part time Case Manager (new hire)
( salary only)
C. Data collection and evaluation (HMIS entry) 8,000.00 8,000.00 0 0
Sub contractor (SHAL)
D. Adminstrative Cost 114.21 114.21 0 0
(includes office supplies, operating supplies, advertising,
rental and leases-Xerox copier, postage)
TOTALS: 2,153,814.76 207,110.00 1,406,704.56 540,000.00
DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL
Year Two budget{7/1/10-6/30/11)= 49,897.00
LINE ITEMS TOTAL MCSS L1HEAP Monroe County
EXPENSE & other grants General Revenue
A. Financial Assistance-direct client assistance 1,992,001.56 45,297.00 1,406,704.56 540,000.00
(includes rental assistance)
B. Case Management & Employment Skills 0.00 0.00 0 0
C. Data collection and evaluation (HMIS entry) 4,000.00 4,000.00 0 0
(Sub contractor - SHAL)
D. Adminstrative Cost 600.00 600.00 0 0
(includes office supplies, operating supplies, advertising,
rental and leases-Xerox copier, postage)
TOTALS: 1,996,601.56 49,897.00 1,406,704.56 540,000.00
total
% spent of grant
$235,710.79 91.71%
$8,582.00 3.34%
$12,000.00 4.67%
$714.21 0.28%
$257,007.00 100.00%
spending breakdown:
Total direct assistance -
case management-
data entry -
a dm in is tra tion-
Revised
15
KFZ28
Revised Attachment C
Homeless Prevention and Rapid Re-Housing Grant
R-equest-fi)r-Release-of-Funds-Sehedule------
In accordance with the terms and conditions of the Homeless Prevention and Rapid Re-Housing
Grant Agreement, the Grantee has been awarded the amount of$ 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 May 15,2010 $91,456.64
First Quarter/Second Year July 15,2010 $12,474.35
Second Quarter/Second Year October 15,2010 $12,474.35
Third Quarter/Second Year January 15,2011 $12,474.35
Fourth Quarter/Second Year April 15, 2011 $12,473.95
For each payment request the Grantee shall prepare and submit a request for release of funds on
the Grantee's stationary.
Revised
19
GRANT # KFZ28
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
~~"'...r"o ~f'llmtv A.O.C.C.
1
Amendment # 0001
Date: 3/01/2010
Grant # KFZ28
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.
FLORIDA DEP ARTMENT OF CHILDREN
AND FAMILIES
SIGNED A/h- ;;.2--
BY: ~/r
NAM E :.~ea the17 carp'the rs
i c.//
TITL~: Mayor Pro Tem
NAME: Gilda P. Ferradaz
,/
~~
TITLE: Circuit Administrator
/',1
DATE: -:3 /-J~ I / / .)
_ J#~~~~t'~ttjb~Y, ...
---".-~--~--~ -;' - ---- --~- - I I
r'"""' "I.) / r! / I
A-,e ( /- Ii.! I
f)} l0 --::::-" --T--\--' - -.~ I
\ \
APpAdvEO AS TO FORM
AND LEOA4 SUFFICIENCY
- /~ .1'1'{)
.~ tj ',' ~ "
~\
//'
DATE:
~~AR 1 7 2010
>,,"'~>~- -,-~, - '^,~
\~~:S!,"~':~, "( ,'<
FEDERAL 10 NUMBER F59-6000749
>=~L ClEflk
.~.~
Regionafle.9\,1 Counsel Date
J
-4 "
Mr."..."", l.ollntv B.O.C.C.
2
Inserted
Attachment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
iubGrantee Name: ias on contract)
IASIC PROJECT INFORMATION~
Begin Date
Due Date
~eDon.jng Penod
)-U-N-S Number:
3ubGrantee 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 granteefsubgrantee as of the reporting
paned end date.
The anticloated total amount of cash to be disbursed to Ihe subgrantee by the exprrat:on date
of the subcontract (2009 and 2010 allocation).
3ubgrantee Type
3ubContract Amount Disbursed
3ubconlract Value (Ultimate contract award)
Date DCF Signed Grant Agreement
Principal Performance Location
Address:
County, City, State, Zip
Congressional District
Area of Benefit Served (counties served)
County
Amount Allocated 2009.10
Total
$0.00
Contact Information
Name & Title of Person Completing Report
Phone Number of Person Completing Report
Fax Number
Email Address
Authorizing Information
_ Name of Authorized SubGrantee Official
- Title IPos~ion
Project Information
- CoC Number
- Program Identifier
I Duns or Hdqtr
Vendor Name Ziocode Product or Service Descriotlon Payment Amount
I
I
I !
i 1
I I
VENDOR INFORMATION
Homeless Prevention Rapid Re-Housing Total
s~rs,:,r:s ,:=e-rsons Pe'sc:~s
.~ i~ I D , '-'; ~' ::; : :)7;]
"
Total Served
NUMBERS SERVED (UNDUPLlCATED COUNTS)
TOTAL PERSONS SERVED
1211~1,2CC,)
'-:;erc0,j
o,;'~e L7
':3.i]1,,2C1r]
r~F=2.3
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
I Q I GTD Q r GTD Q I GTD
I Total Served I I I
i ENTER # OF PERSONS SERVED BY SERVICE PROVIDED
Homeless Prevention Raoid Re-Housina Total
Persons Persons Persons
IELlGIBLE 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 by Financial Assistance
I
Housino Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
I~ otal :servecfoy Housmg KelOCatlori&
Stabilization Services
!ENTER # OF HOUSEHOLDS SERVED BY SERVICE PROVIDED
Homeless Prevention Raoid Re-Housina Total
Households Households Households
IELIGIBLE 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
rAovlng Costs
r,lolel , Hotel vouchers
ITotal Served by Financial Assistance , I
~ , !
f-cus:na HetOc3t!on 3nd Stat:: z3ton i
':3se manaejement I
:;~treach ard engagerl'ent i ,
1_,'2uslng search , i
_tgai ser...:ces ,
::-S,jit re~air i
Ilotal ::;erved by HouSing Kelocatlon & ,
,Stabilization Services i
;....:'3'1,?lj
F age 2.3
f<FZ22
,. ~I 01 ,'::::C:'.:'9
\~'3/C1J201C
inserted
.-'.ttachment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
;ubGrantee Name: las on comract)
:NTER PROJECTED NUMBER OF PERSONS TO BE SERVED BY SERVICE PROVIDED (ENTIRE GRANT PERIOD 2009-2011)
Homeiess Prevention Rapid Re-Housino Total
oLlGIBLE SERVICE ACTIVITIES Persons Hcuseholds Persons Households Persons Households
o'canclal Assistance
'<ental I
Short-term Rental Assistance
Medium-term Rental Assistance
Total Rental Assistance 0 10 0 0 0 0
)eposlts
Security Deposit
Utility Deposit
Total Deposit Assistance 0 0 0 0 0 0
Jther Financial Assistance
Utility Payments
Moving Costs
Motel! Hotel vouchers
Total Served by Financial Assistance
Housino Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
Total Served by Housing Relocation IS.
Stabilization Services
TOTAL TO BE SERVED
Houslna Outcomes of Persons Served
Only those completely exited from the program I Homeless Prevention Rapid Re-housinq
Destination I Quarter I GTD Quarter GTD
I # T # # #
Permanent Destinations
(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 housino subsldv
ONned bv client, with housina subsidv
Stavino or livino with familv, permanent tenure
Stavina or Iivina with friend permanent tenure
Total Persons Leaving for Permanent Destinations I) 0 I) I)
Temoorarv Destinations
Emerqencv shelter, Includino hotel or motel paid for with I
Transitionai hOGs,na for hcmeless Dersons Ilncludina home'ess
Stavinq or IVlnq with familv, :emporarv tenure
S:avlnq or ','"na with fnend. terroOfarv tenure
r+~tel or mctei raid for 'N,thout errerqency s~eiter '/oucr,;er I I
P' r: ., ,. , T
3_e not rcean. or c~man ,ac.t3t.on
Safe Ha',en
Total Persons Leaving for Temporary Destinations
Institutional Destinations
~l
PS",1ch:atnc r J~pltal or ct....er cS'icr,atrc !"ac'I,ty
Suc::tan,:e ab;~se t:eatmert fac,:,t'( cr r:etox ,:en',er
,-i0so;taf ! r,Jr-cs'..::r:3tnc;
~3d, cr:s,::n cr v..eG:'e deter;t;.:r ~ac,::ty
::::;stgr :3re :;ST9 .J" f/:ster ~are 'Jr(:r,jp rc:;"'e
Total Persons Leaving for institutional Destinations
Miscellaneous
'I
, ~~:;-e(
:'e-::sa2ed
~ .;'~'(e.j
'2,C1.::r:CG
Page 29
:3101.20-;(;
KFZ23
inserted
Attachment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
ran ee ame: I.as on con,rac
m't Know, refused
SSlnq this information
.tal for MisceUaneous 0 ) ) )
HAL PERSONS WHO LEFT THE PROGRAM 'J C Q ,
"
bG
N
t\
UDGET AND E'XPENDITURES
JMELESS PREVENTION AND RAPID RE.HOUSING EXPENDITURES BY ELIGIBLE ACTIVITY
Homeless Prevention Rapid Re-Housin9 Total
_IGIBLE ACTIVITIES: Quarter GTD I)uarter GTD Quarter GTD
Financial Assistance $0.00 SO.OO
Housing Relocation & StabilizatIOn 50.00 SO.OO
Data Collection & Evaluation =--- ===-- ~
Administration --- ---- ---
::>TAL SO SO SO SO $0 SO
OMELESS PREVENTION AND RAPID RE.HOUSING EXPENDITURES BY ELIGIBLE SERVICE ACTIVITIES
Homeless Prevention Rapid Re-Housin!l Total
Quarter GTD Quarter GTD Quarter GTD
LlGIBLE SERVICE ACTIVITIES:
inancial Assistance
Rental:
Short-term
Medium-term
Utilities:
Deposits
Payments
Security deposits
lAoving Costs
lAotel / Hotel vouchers
'OTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
iousinq Relocation and Stabilization
Case management
Outreach and engagement
Housing search
Legal services
Credit repair
eOTAL $0.00 SO.OO $0.00 $0.00 $0.00 $0.00
"EW JOBS CREATED & RETAINED (CUMULATIVE)
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.
'!G-a: Continue to list the names of employees even If they have been terminated or replaced.
# of Hours Job Created or l
Name of Emolovee Position Title Worked in atr Retained?
I
I
-<:_e....eG
"''' :'"''' ---;-(':"\,o
<_, -' '_ __ ~ .) 0)
?:;ge 3\J
: 3. 0 1 i2C 10
C'-~~^
l-,:-LI-C
inserted
.~ttacnment F
Florida Department of Children and Families, Office on Homelessness
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP)
GRANT REPORT
ubGrantee Name: (as on contract)
lISCUSSION QUESTIONS
obs Created/Retained
rbvide abT1ef descriptfoft~Hhetypes of lobs-aeatedor retain"dilOcJ1rnjJact on workfcrce.
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 cnteria to be used and provide a brief descnption 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.
YES
NO
HMIS
Will beneficiary data be entered (or uploaded at least quarterly) Into a single HMIS in order to generate undupllcated data. If yes, briefly describe the HMIS to
be used and the plan to ensure data quality Icompleteness and quality). If no, bnefly descnbe the HMISls) that will be used by one or more subgrantees and
the plan to ensure data quality.
YES
NO
~ :._~', ::C9
;:-,;.:-e::'2,J
:::3ge j~
Co,01:2':10
C't:'~~ 0
r'" LL.V
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
04/21/2010
Division: County Administration
Bulk Item: Yes -.2L
No
Department: Social Services
Staff Contact Person: Sheryl Graham x45l 0
AGENDA ITEM WORDING: Approval of Amendment #001 to 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.
ITEM BACKGROUND: Approval of Amendment #001 to the ARRA W AP contract will revise the
estimated production goals Page 16, Attachment A, Scope of Work of the prior approved ARRA W AP
contract#10WX-7X-ll-54-01-719.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 3/17/2010 for
the Weatherization Assistance Program sub-grant Agreement # 1 OWX -7X -11-54-01- 719.
CONTRACT/AGREEMENT CHANGES: Revision to Attachment A, Scope of Work, page 16 of
current contract relating to the estimated production goals.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: $ 417,460.39
BUDGETED: Yes ~ No
COST TO COUNTY: $0
SOURCE OF FUNDS: Grant funds
REVENUE PRODUCING: Yes N/A No AMOUNT PER: MONTH: YEAR:
APPROVED BY: County Atty. ,. Tr~asing _ Risk Management __
DOCUMENTATION:
Included X
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: W AP (DCA) Contract: # 10WX- 7X-II-54-01-719
Effective Date: 04-01-10
Expiration Date: 2-15-11
{::-rmtfaBfP~~rit*itm: Awreval-ef amendmcntOOfre- tfte-wrrentWcathcl ization :Assistance-Program
(W AP) federally funded Sub-grant Agreement Number 10WX-7X-II-54-01-719 between Monroe County Board
of County Commissioners and the State of Florida, Department of Community Affairs.
Contract Manager:
\() 4510
~ ~\\,p (Ext.)
A enda Deadline:
Sheryl Graham
(Name)
For BOCC meeting on
04/21/2010
CONTRACT COSTS
Social Services/Stop 1
(Department/Stop #)
04/06/1 0
Total Dollar Value of Contract: 417,460.39
Budgeted? Yes X No Account Codes:
County Match: NA
Additional Match: 0
Total Match $0
Estimated Ongoing Costs: $ /yr
(Not included in dollar value above)
Division Director
Date In
L/j&/ID
4t c. \ lO
</)1)/0
Risk Mana~ment
~ \\l~ ~~
O.M.B./PuM1as~
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Current Year Portion: $_
_April OMB resolution
--W5S3:-JI--
ADDITIONAL COSTS
For:
(e.g. Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Yes No
~
j-Flu
Changes
N~~
Yes l~
Date Out
1/{o10
f:NJ
Yes l7
Yes B
7A1;,k~{'),) ~
FEDER ALL Y -FUNDED WEA THERIZA TION ASSISTANCE PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT SUB GRANT AGREEMENT
Contract Number: 10WX-7X-Il-54-01-719
AMENDMENT 001
ATTACHMENT A
SCOPE OF WORK AND 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 files 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 2010 _0_ April 2010 _3_ May 2010 _4_
June 2010 _4_ July 2010 _6_ August 2010 _6_
September 20 I 0 _6_ October 2010 _6_ November 2010 _6_
December 20 I 0 _6_ January 2011 _6_ February 2011 _6_
Total Production - 59 -
IN 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:
Sylvia Murphy
(Print Name)
Type Name: Janice Browning
Title:
Mayor
Title: Director, Division of Housing
and Community Development
2) . "'(. "n-
- . - ,
. -. '- -,
_M~_i/ ....~
:-51 .~::4j-~-_.
Page 16
..
~.
ej'ft}.:
C 'I.
~..,!~..~.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
gitlRLlI; GRI&T
Govemor
TliOMAS G. PCLlIAM
Secretary
,\IEMORANDUM
TO:
Monroe County Board of County Commissioners
FROM: \ (I'\.../Norm Gempel, W AP Manager
I ~/ Community Assistance Section
SUBJECT:
FY 2010 ARRA W AP
DATE:
March 30,2010
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
'3 '5 r) .1 !J 8 .. 8 4 '} <3 i PI. J '5 a .j 2 I - a 7 '3 I ,f) . ;/ ~ b Sit a
. ';OMMUNITY PLANNING 1",;''';',-2'c6 "':")1-c3G9 <Ii . FlORIDA COMMUNITIES TRUST 'SC-:-22.: :0:
, I"OUSING\NO COMMUNITY OEVELOPMENT 'c,6 " .
;>>921-~ ~47
.
STATE OF FLORlDA
DEPART\IE::\T OF co:'nIL~ITY AFF.-\1RS
C omracr "."umber: 1 O\VX-7X-11-54-01-719
FEDERULY-FL~DED \VEATHERlZATIO"" ASSIST.-\..~CE PROGR-\..vI
.UIERICA"~ RECOVERY A..'lD REDiVEST.\IE~T ACT SCBGR-\..'lT AGREE.\IE""T
THIS AGREE\fE~T is entered into by the State of Florida, Department of Community Affairs. with
headquarters in Tallahassee, Florida (hereinafter rderred to as the "Department"), and .\Ionroe County Board of
County Commissioners ~hereinafter referred to as the "Recipient").
THIS _\GREE\fENT IS E-:\TERED NTO BASED ON THE FOLLO\V~G REPRESENTATIONS:
- \. The Recipient represents that it is fully qualitled and eligible to receive these grant funds to provide the
services identitled 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:
(I) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of \ii ork, Attachment A of
this Agreement.
(2) C\iCORPORA TION 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) PERlOD OF AGREE\fE~T
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.
(-+) \-fODIFICA TroN OF CONTRACT
Either party may request moditlcation of the provisions of this Agreement. Changes \vhich are agreed upon
shall be valid only when in \Hiting, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPr\G
I a) .\s ,lpplicable, Recipient's paformance under this Agreement shall be subject to the t'cdcral
'Common Rule: Lniform Administrative Requirements for State :llld Local Governments" (53 F~'lleral Register
"I_q) or O\IB Cr'~Lllar :\0. .\-110. 'Grants ,l11d .\srecmcnts \Hth Institutions of Higher EducatIOn. Hospitals, and
r~;thcr ';,mprofit Organizations," :md either 0\[8 Circubr :,\,). A.-~~, "Cost Principles tar State and Local
:d'. '~rnTnel1tS, O\fB Crcu:ar '\0. .\-2 Lc.ost PrincLples t(Jr EdLi'::.lLGliJl Institutiuns,, Of O\fB Cr.::uiar :'\0. .\_
. 22,'CclSt Pri;1CJp1cs tar \onprotit Orr;aniz:ltions.' [f 'his .\:=Tcement 15 made '.\ Lth:.l commer'':J"l 'fJr-protit)
.. :,L~:./Jt:nr: I"n.l ,,:.,\~t-;\.':r;.~bur:;;c~;:c;1t :-']:;1S. 'l:c- R~',-.:ir;]c.:nt <lJil ~-...~ ~'l;)"~ct ~() F\.>.1c:-:ll
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, b) The Recipient shall retam suft1cient records to show its compliance with the terms or'this
- \greement, and the compliance of all subcontractors or consultants paid trom funds under this A.greement, for a
period of five years from the date the audit report is issued, and shall allow the Department or its designee. the State
Cilief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
r:lat audit working papers are available to them upon request for a period of tive years from the date the audit report
:s issue<!,uI1les_s extended in \vTitillgJ:>y the Department The five yeaLperiodIna;Lbe~end~4-fuI'lh€-following _
;:xcepnons;
If any litigation, claim or audit is started before the tive year period expires, and extends
beyond the tive year period, the records shall be retained until all litigation, claims or audit tindings involving the
~ecords have been resolved.
) Records for the disposition of non-expendable personal property valued at 55,000 or more at
rhe time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for tive 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
sur'ficient 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.rn to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREJ\IENTS
(a) The Recipient agrees to maintain fmancial procedures and support docwnents, in accordance with
senerally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at reasonable times tor 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.m. to 5:00 p.m., local time, .\Ionday through Friday.
(c) The Recipient shall provide the Department with the records, reports or tinancial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
I d) If the Recipient is a State or local government or a non-profit organization as detined in O.\IB
Circular A-133. as revised. :md in the e\ent that the Recipient expends S500,OOO or more in Federal a\\ards in its
fiscal Vc'J.f, the Recipient must have a single or program-specific audit conducted in accordance '.\ ith the provisions
.Jr'O\!B Circular .\-133.:is re\lsed. EXHIBIT t ;0 this .\greement shows the Federal ~esourccS a\\arded through
.:~e DepJrtment iJy tlm .\greem<:'l1t. In Jetcmllning the Federal .mJrds c'xpended in its rlscJl }c'Jf. ,he RecipIent
',:Jll consider all sources of F eJeral J \\ards, mcluding F<:,derJI resources rec<:,iwd trom the Department. [he
:ctenninat;on of amc:J!1tS of L:daal :1\\.lros c:xrended should be 111 Jccordance \\;th the guidelInes estabilshed :::}
u\,IB Circular A-133. JS n::vised. An audit of the Recipient conducted by the Auditor Gc:nc:rJI in accordance \vith
:hc: provisions of O.'vIB Circular A-133, as revised, \vill mc:et the requirements of this paragraph.
In connection \\ith the audit rc:quiremems addressed in this Paragraph 6 (d) above. the Recipient shall fulfill
c}1c: requirements tar auditee responsIbilities as provided in Subpart C of O.'vIB Circular A-133. as revised.
if me Recipient c:xpends kss than 5500,000 in F c:deral awards in its tiscal year, ,m audit conducted in
:.ccord'II1~~ \vithrheQr()visions_of O.\fB Circular ~-\--133.:li revisecl linoLreqllired In th~Rt-4at-the Recipient _
expends less than 5500.000 in Federal a\vards in its riscal year and chooses to have an audit conducted in
Jccordance \vith me provisions of O.'vIB Circular A-133. as revised, the cost of the audit must be paid tram non-
Federal funds.
(e) Send copies of reporting packages for ::mdits conducted in accordance \vith O.'vIB Circular A-133,
JS revised. and required by subparagraph (d) above, when required by Section .320 (d), O.\IB Circular A-133, as
revised, by or on behalf of the Recipient to;
The Department ofCommuniry 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 aurilJa.parrish@dca.state.flus)
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 ta the Federal Audit Clearinghouse by submission
online at
http:// harvester. census. gav (fac/co llecv ddeindex. html
.\.nd ta any ather Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A-133, as revised.
(t) Pursuant to Section .320 (t), O.'vIB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), O.'vIB Circular A-133, as revised, and any management letter
issued by the auditor, to the Department at the follo\ving addresses;
Department of Community Aftairs
Office of Audit Services
2555 Shumard Oak Boulevard
T:dlahassee, Florida 32399-2100
r ;.tlso send an electronic copy to aurilla.parrishti dca.state.n.usl
.;nd
Dcpartmc:m of Co nun unity At'r'Jlrs
T-;::Hhc:rizJtion .\RR_ \. Pro "ram
.2555 Shunurd Oak BouIc:vard
lJ;!ahassc:~, FloriJa 3239')-211jO
, , ~ r..: ~
I g) By the date due, send any reports, management lener, or other information required to be
submined to the Department pursuant to tlus Agreement in accordance with O.\fB Circular A-133, Florida Statutes,
.md Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-prorit organizations), Rules of the
.\uditor GeneraL :is applicable.
I h) Recipients should state the date that the reporting package was ddivered to the Recipient \vhen
submitting iinancial reporting packages to the Dep:Jrtment-fur audits done in accordance vrith O:\ID CirCUlal A-133
or Chapters 10.550 !local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
.'\uditor General.
I 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
;lOt spent in accordance with these applicable regulations and Agreement provisions \vitrun thirty days after the
Department has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certitied public accountant (IPA),
either a certifled public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no Jater than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with montWy 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) MontWy reports are due to the Department no later than 15 days after the end of each production
period (tirst 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-
Jnnual period. The ending dates for each semi-annual period are September 1 and March 31.
(d) The close-out report is due 30 days after termination oftrus 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 (II) RE\IEDIES. "Acceptable to the Department" means that the '.\-ork product
'.\::IS complded in ::Iccordance \vith the Budget :llld Scope of\Vork.
(n The Recipient shall provide additional program updates or information that may be required by the
Dc'partmenr.
(:;) [he Recipient shall provice additi,)D::Il r"ports and information idenn!i"d in .\ttachment D.
.,,) \[C}'\ITORr\(;
il:" Rc:cIpient shail monItor ltS perfom:ance 'lnder thIS "\gre"menr. as \\eil as that of its subcontractors
.;;;,1 or ccnsilltants '.\ 1;0 lre pard (rom tllI:ds pr,)\ ide:d 'lnJ"r :his ,\:;rcemcnr. [0 ensure: t;lJt tin:e ,c;1eduICs lre ';c;ng
."~,_~r. <~:: .~,~hl.:du:;;: I;r' D,~')i\ :,:r:lrl,_'s :~nJ :-;(I~~C \.1 ( '_~,,-I~rk ,lre
" rl1i:1rJ:c ~t:l'-:.-~~i(.-,,-l ~;r~~c
~ -~
41,,-->.
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,J[h~r performance goals are being achieved. _\ review shall be done for each function or activity in .'\ttachment A to
chis Agreement. and reponed in the quanerly repon.
In addition to reviews of audits conducted in accordance \vith paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, Depanment-contracted monitoring
emities or other agents, limited scope audits, and or other procedur~s. The Recipient agrees to comply and
cooperate \V~)I monitoring rmcedljresproce~-me~atc by the DepdltlllcIll. In Ll1\: e\~nr rhan:l1e---
Depamnent 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. revi~ws, investigations or audits deemed nec~ssary by
[he Florida Chief Financial Officer or Auditor General. In addition, the Department \vill monitor th~ performance
Jnd financial management by the Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Cnless 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 und~r
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 det1ned 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
fonh in Section 768.28, Fla. Stat. ;\J'othing 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 fonh in Paragraph (11). However, the Department may make payments or panial
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 :my 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
rerfolm any of the obligations, terms or covenants in this Agre~m~nt or any previous agr~~ment '.\ ith the
D~partment ond has not cured them in timely fashion, or is unable or ul1\villing to meet its obligations under this
\greement;
,0) [f material adverse changes occur in the financial condition of the Recipient at .lny nme during the
.-:rm of this .\grL'ement, Jnd the Recipient tJils to cure this JJvcrse change \\Ithin thirty Javs trom the date 'MItten
:~0tlCe IS sent by tile Department.
,c) [f ai1Y reports requ:red by rlus .\gl\:e111ent ha'ie cot been submltted to :he Deprrment or h:l\e \ceen
.tJnlitTcd ~,\ ,'rh :i>..:(~r7~i:t.
nr 'j~')ur'rl(':t:nt \1~~~)n1:Jth)n:
P .'il.-' ~
I el) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) RE:\[EDIES
If an Evenr of Default occurs, then the Department may, upon thirty calendar days \\-Tinen notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following
:emedies, either concurrently orconsecuJiYely:
I a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior wrinen
r:.orice of such tennination. The notice shall be etIective when placed in the Cnited States, tIrst class maiL postage
prepaid, by registered or certitied mail-return receipt requested, to the address set forth in par:lgraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce pertormance of this Agreement;
(c) \Vithhold 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 :lnd regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to detennine the reasons for or the extent of
non-compliance or lack of pertormance,
2. issue a "Titten 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;
(t) 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. lfthe Department waives any right or remedy in this
Agreement or fails to insist on strict pertormance by the Recipient, it will not atIect, extend or waive any other right
or remedy of the Department, or afIect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
(12) TER.\HNATIO;-.J'
(a) The Department may terminate this Agreement for cause with thirty days \\-Titten notice. Cause
can include misuse of funds, fraud, lack of compliance \vith applicable rules. lavis and regulations, tailure to pertorm
in J timely manner, and refusal by the Recipient to pennit public <lccess to any document, paper, letter. or other
material subject to disclosure under Chapter 119. Fb. Star., <lS Jmended.
(b) fhe Department may terminate this Agreement for convenience or '.vhen it determines, in its sole
discretion. that continuing the .\greement '.\ould not produce benetici<ll results in line '.\]th the further expenditure of
"Jnds. by pro\Jding the Recipient with thirty calendar days prior \\TJtten notice.
I":) The panies may agree to tenl1inate rhis .\.greement tor their mutu<lj con\enience trJough a \\ntten
.lmc:nd;nent of rhls c\grc:ement. The amendment shaJI state :1;e 'Cttfective dare ,)f;hc termination and the procedures
":[' ~Jrc~~r ,_~lo:::<..:utlt \)f :::c \~rccrr:c'rlt.
:) -;:2c' /)
,J) In the event that this Agreement is terminated, the Recipient will not incur ne\v obligations for the
:erminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
,\111 cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
:e disallowed. The Recipient shaU not be relieved of liabilit}' to the Department because of any breach of
\.greement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for~ pUrr!)'.;> of set.oft"-umil the exact amount of damages due-tb:e-f7epar lmem fromrb:e ReCIpIent IS
ietermined.
i 13) ""OnCE A::-..n CO'\'TACT
(a) All notices provided under or pursuant to this Agreement shall be in \Hiring, either by hand
deliver}!, or tirst class, certitied mail, return receipt requested, to the representative identified below at the address
Sd 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:
"-arm Gempel
2555 Shumard Oak Boulevard
Telephone: (850) 488-7541
Fax: (850) 488-2488
Email: nonngempel(~dca.state.tlus
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
. 'h L r \' \' . '"
(~ame)...::J ec-\;il9r~ha(Y\ J ~ L', a.{ '''2.f2-:J t.LE:.:S. J..:,j'( i-;':L~
(Address) \ \00 :JltV1.ont-n() .~+-, L-l.Sr ~ lJJe~tl ~:-I_ :l.3L:+O
Telephone: ( ).3d~ ~ L'12. ~ 4~~' I~
Fax: ( ) -3 OS - L'l5" - :435" '1
(j)~tJ..Ar'UJdvl- ~i-t~P....YL 1. ,'ADJ..ulDf. L.1.Ju.1...yr,! - :~f_. .0cv'
Email:
1 d) In the event that ditferent representatives or addresses are designated by either party ;.lfter
execution of this Agreement, notice of the name, title and address of the new representative \vill be provided as
stated in (13)(a) above.
114) ~T13CO:\TRACTS
If:he Recipient subcontracts an} of the \\ork reqUITed under this Agreement. a copy of the unsignl:d
,uocontrJet mllst be forwarded to the Or.:partmem t;)r re\ ie\'.! :md .rpproval befarl: It is executed by the RecipIent.
r1~e Recipient 19re<:s :0 include in the sijbcon~act tbt (i) the subcontractor is bound by the rc:rms of rhis .\.greem.::nt.
I Ii 'he 'uboontract,:;r is Cco;.;.nd by .ill :ippLcable state and fedaal la \\ sand re:;ulations. and (l1i) :1:;; s;.;.bcontr:lctGr
<:.11) iwlJ In,;.' Ocprtmer:t lnd RccipJcnt ::armless agaInst Jl1 C1allY'.s of '"hatn cr ;Tat"UTe :lr:sirJ:; out 0;- the
<_:i~;,2ontrJctor's pt'~rOrT:"'l2nCc of \\OrK ~l1der ~;:is .\grc~mcnL ~o tt:~ extent al1o\\-cd J~d f\?qilir;,;d by ~~l\V. r~:e
:\-..:C ~~1~~i1 ,':(>:::-1;:">..:nt;11 ~b~ :::o;-:thl~" :--.:;;crt :!;~ s~bcc;~tTacror's p;-o~ress;n ;;crformi~g ;~S \\tJrk ,~:1Jer :h~s
:-~'-...-iT':cni.
For each subcontract, the Recipient shall provide a written sratement to the Department as to v"hether
'hat subcontractor is a minority vendor. as detined in Section 288.703. Fla. Stat.
\ 15) TER.\IS A:\TI CO:\TIITIO:--;S
This Agreement contains all the terms and conditions agreed upon by the parties.
i 16) A. TTACH\IE::\TS
Loll. .lli:machmenT<; to-Ibis-Agreement M~lliG~ed-a5-ifsefom-ittliy;
( b) In the event of any inconsistencies or cont1ict behveen the language of this Agreement and the
attachments. the language of the attachments shall controL but only to the extent of the connict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
JJ Exhibit 1 - Funding Sources
JJ A.ttachment A -- Scope onVork and Budget
~ Attachment B -- Program Statutes and Regulations
[8J Attachment C - Recordkeeping
0J A.ttachment D - Reports
[2;J Attachment E - Justification of Advance
~ Attachment F - Warranties and Representations
[2;J Attachment G -- Certification Regarding Debarment
[2;J Attachment H -- Statement of Assurances
[2;J Attachment I - County Allocation
[2;J Attachment J -- Special Conditions
[8J Attachment K -- Recipient Infonnation Form
( 17) FliNDINGiC00iSIDERA TION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in
the satisfactory perfonnance 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 (l2)(b) of this
.\greement. 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 O\IB Circulars A-87,
A-II0, A-122 and the Cash \lanagement Improvement Act of 1990. If an advance payment is requested below. the
budget data on which the request is based and a justitication statement shall be included in this Agreement as
\ttachment E. Attachment E \vill specity the amount of advance payment nceded :md provide an explanation of the
;1eCeSSlty for and proposed use of these funds.
:=] . \n advance payment is requested in the amount of S_________J'/ ! A____. (check and conip!ete
f .lpplicablc)
'-I . \ ira rhe ;niri:11 ::d\'ance. jf auy, payment sh:111 be made ou :1 rClTnbt;rsemcnt basis ~lS needed. The
,(CClplent agrees to expend funds lIT ;lcco~d:mce '.\][h lhe Budget ;lnJ Scope olW,)rk. .\ttJchment.-\ ofrhis
\ :,:reement.
Irthe necessary funds are not avaibble to fund this Agreement as a result or actIon by the Cmted
States Congress, the rederal Office of.\fanagement and Budgeting, the State Chief Financial Officer, or under
-;ubparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any tUrther payment
oj! runds shall terminate. and the Recipient shall submit its closeout report within thirty days or receiving notice
::-om the Department.
tl S) REPA \".\[E\TS
.\11 refunds or repayments to be made to the Department under this Agreement are to be made payable
:0 the order or"Depal1ment of Community Affairs" ;md mailed directly to the Department at the rollowing address:
Department or Community Affairs
Cashier
Finance and Accounting
'::555 Shumard Oak Boulevard
L:tllahassee FL 32399-2100
[n 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 tace amount of the returned check or draft, whichever is greater.
(19) \;fANDATED CO'i'<l)ITIONS
(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.
\11 of said information, representations, and materials are incorporated by reference. The inaccuracy of thtl
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. [f 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 conflict, and shall be severable, but shall not invalidate any other provision of this
. \greement.
(c) Any powtlr of approval or disapproval granted to the Department under the terms of this
. \greement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone of which may be taken
clS ~n original.
Ie) rhe ReC:lpl<:nt clgr<:es to comply WIth the .\m<:ricans \Vith Disabilities Au i Public Law )1)1-336.
12 CSc. Sect,on 12101 ~".fg,) Jnd the Florida Cinl Rights Jnd FJir Housing Acts I sections -1ji)1)1 .. -60.3-.
F:onda Sratute:sl. \vhId1 prohIbit discrilT'ination by public and pri\ate:ntitles on the: basis ofdisabJlirY;:1
~~piOYLent. public :.c\:onu11ojJti0ns. tfJllSpOn:itic<n. 5tJt~ clnd :~)c;:,J :;o\'crr:mcDt s..:r\ :12\..'5, ..1I:d rc;cCG1--:1n~~-l~1:C:.ti0~iS.
,:'1 .\ person or or~:lniz:ltion \\ 110 has been p!Jced on r!:e comicced \endor Lst :~Ji!o',\ ing J cell'. ',::10;1
>r J pub:ic ~ntity -:r:n~e Of t)n tile discrin1inJ.!ory \~('nJor list :ilJ.),' not sL.bmit J bid en J conn-Jet to ;;ro\ ide .1ny
'1.1
L>'::; ~o ,1
:c ,,-'r:llt\. ;-,:..1'. :~ut ;:i.,:--;il~:t j "'":;,J en j ,>~'LtrJC;: ',\ :th J
,:.';H:t\ f'\~lr ';~r: ',_>'7-:s~r:>~'~>):1
.,:,' ')
repair or a public building or public work, may not submit bids on leases of real property to a public entity, may not
:~e awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract \vith a public
entity, and may not transact business with any public entity in excess of 525.000.00 tor a period of 36 months from
:he 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 srate agency, and \vhich receives funds under
:his .\::reemf'nt !Tom rhC' fC'dera~ies, to the best of its kno\\-ledgc .luJ Lclid: that it and its
principals:
1. are not presently debarred. suspended, proposed for debarment. declared ineligible, or
"oIumanlyexcluded from covered transactions by a tederal Department or agency;
1 have not. within a 5-year period preceding this proposal been convicted of or had a civil
judgment rendered against them tor commission of fraud or a criminal offense in connection with obtaining,
Jttempting to obtain, or pertonning a public (federal, state or local) transaction or contract under public transaction;
violation of tederal or state antitrust statutes or commission of embezzlement, theft, torgery, bribery, tiilsitication or
,iestruction 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 I 9( g)2. of this certification; and
-l. have not within a 5-year period preceding this Agreement had one or more public transactions
(tederal, state or local) tenninated 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.
[n 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 pertormance 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.
Btat. or the Florida Constitution.
f i) All bills tor tees or other compensation for services or expenses shall be submitted in detail
sufficient tor a proper preaudit and postaudit thereof.
(j) Any bills tor travel expenses shall be submitted in accordance \vith Section I 12.061, Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
[he Recipient refuses to aHo\'. public access to all documents, papers, lerters. or other material subject to the
prO\isions of Chapter 119, Fla. Stat., 1,\ hich the Recipicnt created or rccei\'cd under this A;reement.
I I) If the Recipicnt IS allowed to temporanly Imcst any JJvances of funds under this A~recment. Jny
:ikrest Income shall either be rcrurned to the Department or be applied against [he Department's obli;atiol1 to pay
;::e COI1tT:lCt Jxount.
';11) The StJte or FlOrIda '.\ill not intentionally J'.\JrJ pub!Jciy- tundc:d contrJcts to Jnv (:,}r,trJctor '.\ no
:'d~O\\ In~l:". cn~plo;. S ''jI1J.uthorizcd alien ,,\ ork~rs. (onstiruring j \, iO;Jtion of :hc r:rr:ployn1<:!1r ~ro\ blons C~jntlII:cJ in
:, i,_,.~.C ~ccr;c:n ;,~=-L~iC'J I-S~cr;t-"n ~""--':'-,\j<,:) ~)f~i~c.: 1:1-;111
J;C,j ',lti(1:~.ii\ct ("I". \" Ij. ,-'i': ;Jc~';li':r:~O::I1t
.'i
~hall..:onsider the emplOyment by any ..:ontractor of unauthorized aliens a violation of Section 274A(e) of the L\TA.
Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the 0;A shall be
;;rounds for unilateral c:mcellation of this Agreement by the Department.
Ill) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
?commf'nc1;jtions ro-the-governing-bGafth--Att-ef these mcctings shaH-bepub IiI.: I Y llulil.:ed;-DpernOLITe-putJltc-:-ana--
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
10) .~1l unmanufactured and manufactured articles, materials, and supplies \vhich are acquired for
public use under this Agreement must have been produced in the Cnited States as required under 41 LS.C. lOa,
;.mless it would not be in the public interest or wrreasonable in cost.
120) LOBBY0;G PROHIBITIO)i
la) '\'0 funds or other resources received from the Department under this Agreement may be used
directly or indirectly to inf1uence legislation or any other ot11cial action by the Florida Legislature or any state
~gency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
1. ~o 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 inf1uencing or attempting to inf1uence an officer or employee of any agency, a .\fember of Congress, an
officer or employee of Congress, or an employee ofa :\Jember of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complt::te 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
suba\vards (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall ..:ertify and disclose.
This ..:ertiti..:ation is a material representation of fact upon \vhich reliance was pIa..:ed '.vhen this
;T:msaction \\3S made or entered into. Submission of this ..:ertification is a prerequisite for making or enkring into
'his transa..:tion Imposed by SectIon 1352. Title 31. CS Code. .~ny p<::rson who fails to filt: the required
:ertltk3tion shall be subject to a:rvIl penalty of not less than S 10.000 :md not more than S 100.000 for ea.::h such
'Jilure.
~ 1 i lOPY-RICHT. P\ [['\'T A'\D TRADE\L\RK
ASY ASD ALL P.\.TEST RIGHTS ACCRlT'\G L\DER OR IS CO:\.\'ECTIO.\' \\HH THE
PERFOR\L\.\CE OF rHIS ACREE.\fEYf\RE HEREBY RESERVED TO THE STnE OF FLORIDA.
J J
A....~Y A.."D ALL COPYRIGHTS ACCRCL~G r~DER OR I~ CO~~ECTIO~ \VITH THE
PERFOR."IA...~CE OF THIS AGREKHE~T ARE HEREBY TRASSFERRED BY THE RECIPlE~T TO
THE STATE OF FLORIDA.
\ :l) 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 othenvise.
---~>- If ilny discovery or in"'ention-is-~d in the course -6f-er-as--a-resttit-of-work-or~cI v i(;c~
performed under this A.greement, or in any way connected \vith it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida \vill seek patent protection in its name.
-\.ny 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) \V i thin thirty days of execution of this Agreement, the Recipient shall disclose all inte llectual
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) SIGNA TCRE PAGE.
The execution of this Agreement by the parties is contained in the Signature Page which follo\vs this
page of the Agreement.
j>J'2c' ; ~
STA TE OF FLORIDA
DEPART:\IE,,"T OF CO.\nIl~ITY A.FFAIRS
FEDER.-\LLY Fl~DED SLBGR.~~T AGREE:'IE~T
SIG~A Tl'RE PAGE
Contract :.\'umber: 10\\'X-7X-11-54-01-719
c\ WIT);ESS \YHEREOF. the parties have executed this A.greement by their duly authorized or1icers on
:he day, month and year set forth below.
RECIPIE:.\'T
'IO~ROE eOU',,"TYBOARD OF COl~TY
co:\nZ.I~Io7E~. 1/
_./~. / I -- "'R
By: ~fIt/ r---- Date; ;,-t
(Authorized Signature)
"
- ,
DEPART~IE;";T OF CO~I~ryY AFFAIRS
/L
D"WO
Meat'her Carruthers
(Print ;.lame)'
)
Title: . Mayor Pro Tern
~~"';'~n nuX',;})
Title: Director, Division of Housing
and Community Development
F' l OJ:1.. 0-'1 - 6 coo 7 Lf q
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?~~y L ,o<ou-v,. CLERt<.
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EXHIBIT - 1
THE FOLLO\VI:\G FEDERA..L RESOCRCES ARE A \VARDED TO THE RECIPIE:\T l~TIER THIS
.\GREE\IE\T:
5t!pararely list rhe follmving injormarion for each federal program from which the resources awarded to [he
/?ecipiem originate:
.\merican Recovery and Reinvestment Act
\Veatherization Assistance Program
Federal agency
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
.\ ward amOWlt:
Dept. of Energy
\Veatherization
31.042
5417,460.39
THE FOLLO\VNG CO'\IPLIA:\'CE REQLlRE~IE~TS APPLY TO THE FEDERAL RESOljRCES AWARDED
L:IDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc) and specifY to which 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 ~~o Final Rule, applicable
OMB Circulars and applicable ARR.\. guidance and requirements as
provided by DOE during the agreement period.
,,_\,. l-+
.\TTACH:\IE:\'T A
SCOPE OF \YORK A...~D BLDGET
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 \vill have a designated individual, referrecL
:0 by the Department as the ~'"AP Coordinator, to be responsible for the follo\\-ing activities:
A. Solicit. identify and qualitY low-income residents within the Recipient's identitied service area \vho 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
(PLA T) 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.
\Vhen addressing a central heating and cooling unit which already exists in a home, the National Energy Audit (~EA T)
or .\fanutactured Home Energy Audit ("IHEA) must be used to determine replacement and appropriate sizing.
Refrigerators may only be replaced if (a) indicated by metering (minimum 10% of refrigerators must be metered), (b)
recommended by a :-.rEA T or "rHEA, or (c) according to Priority List guidelines. The Department also requires that the
tollowing measures be installed on every unit receiving energy conversation measures: low flow showerhead, faucet
aerators, water heater blanket, \vater 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. \Vhen 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 ClienUAgency Pre-Work Order Agreement Form. The work to be
pertormed 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 pamphlet and the .Mold and "Ioisture 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 tor supervising, monitoring and ensuring the quality of all work by stat I, volunteers and
subcontractors. The Recipient shall provide the Department with documentation and reports as required by this
,\greement as \vell as other information related to this project as may be specified by the Department.
F, [he Recipient W AP Coordinator shall conduct a final inspection and certification that all work listed on the Building
Work Report (BWR) \vas performed on the home according to program guidelines. If all \vork meets program
:;Uldelines and local building codes. and applicable permits have been pulled, the WAP Coordinator and client \vill sign
"l1d date the B\VR.
G. The Recipient \V\P Cuordinator shall coordinate \\ ith the Departrr:enr's field monitor contractor to perform an
;;-:spe.:tion of at least 51)'), of d:e dwellings weathenzed in ;} production period 11' ,jay to the last day of a month) that are
<ated to be reported. fhis mspection should be completed by the last day of the production period. D\\eiIings rec.jUJrins
,_>_~ITc~ti\.e r~c;J,surcs ;':1 ,)rt1~r to ~h.:hi;.;\'c ,,:ornrliJl1cL ',\ 111 be rcLiuir~d 70 be re\ isitcd by the ~l~lj nloniror. \:0 c0:-l1pletcd
:;:spected dwe llIng that has not achie\ ed.:ompliance \\ iil be submitted to the Department for relmbursement.
ATTACH)'IE~T A
SCOPE OF 'YORK .-\..~D BrDGET
SCOPE OF ,YORK
H. The Recipient \VAP Coordinator \\ill coordinate with the Department's tield monitor contractor to perform :m
:l1spection of 100% of the client tiles for all completed dwellings to be submitted in a production period. A client tile
chat is not in compliance will not be included in the monthly production report. ~on-compliant client tiles must have
..:orrective action completed and be re-inspected for compliance before being submitted on the monthly report.
I. The Recipient \VAP Coordinator \\ill coordinate with the Department's tield monitor contractor to review for
Jccuracy Lhe Client Intake Form and Building \Vork Report data that is entered into the agency's monthly reimbursement
:cquest via the <::Grants reporting system. ~o request for reimbursement may be submitted until all Client Intake and
Building \V ork Report data has been contirmed for accuracy.
J. The Recipient 'Will provide the following per month estimated Production Goals for the Agreement period.
'v[arch 2010 kf April 2010 L \[ay 2010 ,
~
June 2010 --3- July 2010 3- August 2010 ~
September 2010 ~ October 2010 ~ :\'ovember 2010 ------::L
December 2010 S- January 2011 ~ February 2011 ~
Total Production d-=1.- ('v\ 11'\ \ ('it USV\
I I
\ fT.\CH.\[E.\ f \ (Continued)
I 2.
i
i 3.
4.
5.
, 6.
. 6 (b)
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Fee For Service Summary and Detail Reporting Instructions
From the Financial Status Report Form
Current .\lonth
( ~)
T otals To Date
(B)
1. .1) .\ laterial l Calculated from Building \Vork Reports) i
,
bl Labor I Calculated from Building \Vork Reports) i 1
2. Fee tor Service (30% of Lines lA -,- IB) (Calculated from material and I T
bbor rotals reponed on Building Work Reports submitted) I
3. Total: (Lines 1 a-I b -,- 2 from coluIIll1 A) (Cannot exceed average of I
56,500 per dwelling)
4. Health & Safety - (From Building \Vork Reports - cannot exceed 5600
per dwelJing without Department's writtenemail approval)
5. Comprehensive Annual Audit (Ii 12 per month) v
,
6. Training & Technical Assistance // :
6. (b) Equipment , ./
!7. Liability Insurance , // !
8. Subtotal (Column A - Line la, Ib, 2 plus lines 4 through 7) I
19. Administration (Line 8 x 5.25%) I
: (Can be less than 5.25% but may not exceed 5.25%) I
110. Totals (Lines IA - 9A and IB - 9B) i
, (Note: 10 B cannot exceed Total Agreement Amount) I
/'
La)
..\-fA TERIAL: Calculated from Building Work Reports.
LABOR: Calculated from Building Work Reports.
FEE FOR SERVICE: (30% ofLine$IA + IB) (Calculated from material and labor totals reported on Building
Work Re orts submitted.)
TOTAL: Lines la, lb, and 2: This amount cannot exceed the average of$6,500 per dwelling reported.
b)
HEALTH Ai~D SAFETY! ENERGY-RELATED MEASuRES HAZARD ABATEMENT ONLY.
CO..\-IPREHENSIVLA.'('IILAL A{;'DlT: This is for the pro rata share of the agency audit charged to each
program. The Recipient may bill on a Ii 12th of the cost of the audit per month or on a quarterly basis (written
notification re uired to be rovided to consultant for uarterl 0 tion).
TRU~ING .~'lD TECH~ICAL ASSISTA..~CE: These reported costs will not be reimbursed \vithout prior
written a roval for activi trom the De artment.
I EQCIP:\IE~T: These reported costs will not be reimbursed without prior \vritten approval for purchase from the
i Department.
i LIABILITY I:'\SCR~~CE: Liability. Bonding (tor th~ pro rata share of th~ Jgency insurance ,:oVcTJge charg~d to
: c:+ch program) ::Ind Pollution OcculTence fnsurance.
Sl BTOTAL: Lines 1 a. lb. .2 plus iines -+ through :.
I -
j .\D:\II.:\'ISTRATIO:'\: Lin~ S x. S.2S"} ICan b~ less th:.lll5.25\) but may not exceed 5.25e,l.
ilj
TOTALS: CJ;'.;rrJ1s A J.r.Q B.
ATTACHyIE~T B
PROGR.\...'\I STATL"TES ..\...~D REGLLATIO~S
Both the Recipient and the Department shall be governed by applicable laws and rules, including but not limited
-----
--
------t<T.---------
~. Pub. L. 94-385. Pm A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus Budget
Reconciliation Act of 1981, Title X,XVI of Pub. L. 97-35 (LO\v-Income Home Energy Assistance Act of 1981); Title
II. Part 2. of the :'-iational 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
\kmorandum :\'0. XXX, A.merican Recovery and Reinvestment Act (ARRA) Requirements (2008-2009);
American Recovery and Reinvestment Act of 2009 (Public Law 111-5); Federal Central Contractor Registration
(http:" w\Vw.ccr.gov;); 2 CFR Part 176, Requirements for Implementing Sections 1512, 1605 and 1606 of the
_~merican Recovery and Reinvestment Act of 2009 tor Financial Assistance A wards; Schedule of Expenditures of
Federal A wards (http:; \vww.mvtloridaacfo.coffil aadir/statewide financial reporting,' financing. 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 ofrace,
color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 V.S.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 V.S.c. 794), which prohibits discrimination
on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 V.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 C.S.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 C.s.c. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; and
l). The requirements of any other nondiscrimination statute(s) which may apply to the \Ycatherization
. \.ssistance Program.
[0. The Americans '.\ ith DisabilitJes Act of 1990, Public Law 1 I) 1-336 (42 CSc. Sections 1210 I through
: ~~ 13).
C'. Executive Order 11246. entitled "Equ;ll Employment Opportunity". as amended by Executiw Order 11375. Jnd
.5 supplemented ;n Department of L:Jbor Regulations 1-+1 C.F.R. P:lrt bO).
D. \11 Jppiicable st:mdards. ordas. eJr regulations issued pursuant to :he C!can .\.If . \ct as JmenLkd 142 l.S.C. 1 S5-:-
~t 'cq.1 Jnd rhe teder::d \\-;ltc:r Pol1utlOn Contro1.\.ct as ;imended 133 C.s.c. 1251 ct sc:q.).
, '-\;
UTACHyIE='iT B (Continued)
PROGR-\.\I STATLTES .-\.~D REGLLATIO~S
E. 1 he RecJplent\vill comply with the lead-Based Paint Poisoning Prevention Act (42 C.S.c. 4081 et seq.) which
~rohibits the use of lead-based paint in construction or rehabilitation of residence struCUlTes.
F. The Recipient \vill assist in assuring compliance \vith Section 106 of the ),Tational Historic Preservation Act of
1966. as amended (16 L.s. c. 470), EO 11593 (identification and protection of historic properties), and the
AIchaeological and Historic Preservation Act of 1974 (16 C.s.c. -+69a-l et seq.)
G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certitles that neither it nor
as 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.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect an
affmnative procurement program to insure the purchase of insulation products composed of the highest percentage
of recoverable materials practicable, taking into consideration competition, availability, technical perfonnance 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.
1. 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
perfonnance of this Agreement.
\,.1. The Recipient certitles that neither its organization nor any member of the staff is debarred or suspended or is
otherwise excluded from or indigible 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:
]. Documentation of client income digibility in accordance \\ith the most recent federally established Poverty
Income Guidelines. Client income veritkation must be conducted within 180 days prior to the date the \york begins.
2. Documentation oLlUthorization from the owner of the dwelling or his authorized Jgent.
1, Documentation of proof of 0\\ nership.
+ \:;reemcnt \\ lfh the 0\\ 11<;'[ of rental property assuring compliance \\ ith 11) C'.F. R. Part -+40.22.
A TTACH""IE..\'T B (Continued)
PROGR..\.."I STATlTES ...\.."D REGt:L\.TIO..\'S
Q-- ~IERESTJ:\;CD\;fE: Except as pmvidf'ci for advance payments, the Re€ipient may-temporarily -tm'eSt-gram---
;'unds, 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
:hat is not applied against the Department's obligation to pay shall be returned to the Department at the time of
submission of the tinal close-out report.
P. PROGRA..\f I'\CO:\fE: Recipient may apply net program income. after costs incident to the generation of gross
program income :ue 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 amolU1t 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 SYSTE:\f: Recipient must have a wTitten 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:
-<.i j'J\
,-' I ke..S
~i }
r' ~ k
,~\<-. , \2'>V\:
(' j' ,
l": (') ,- { l (\ ,:~t7';1
(Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by:
::'~\e.f\.1 \ ~lf-;:;,h.0fY\ I .sCC1C)\ ServiLe.s I;'\\erto-f"(Title of Position).
Should the second level complainVappeal be lU1able to resolve the difficulty, the fmal hearing will be held by:
jY. (j~\roe.- CDunh-l Dor 1.
I
.\11 complaints received by the Department will be referred to the Recipient.
(Committee or Full Board).
R. All WAP subgrantces will following the procedures and guidelines provided in the Florida WAP .\'fanual.
Programmatic and guideline changes during an agreement period will be provided to all subgrantees through a State
\'leatherization Program :'-iotice and are to be considered as updates and become effective upon the date indicated on
:l Program :'-iotice. The State Program :\otice 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 \\-Aj> in p:lrticular. the Department must
be prepClIed to replace ser.;ice providers not meeting production goals or compliance requirements quickly. To that
end, the Department intends to pre-qualify service providers '.vho could step in and administer this progr:lm if an
c.'xisting provider needed to be replaced.
fn order to find ne'.v senice providers. the Department will advertise and hold a public meeting in a service ,m:a to
<eek an interested public or private nonprofit entity to ce considered for deSignation as an diglble pro'. ider of
\RRA "'lAP sen.:ic(.'s in that specific sen'].:e ar!;'a. The subgrantee sekction criteria of the C .5. Deprtment of
E:1ergy ( 1 I] eFR -+-+0.1:') '.qll be todowed for this pre-qualit\ing process. r fa oe'.v "en Ice pro\ider IS required :H
'i:e time the Department needs co conrract ror .-\RRA. \V.\P ser.'ices. the Department '.\ JjJ ccnrract '.\ ith the servIce
,,~,,)\;Jer '.\ ho :ras been iJrc:-qualifIcd by the soliCItatIOn process.
_\.TTACH:\<IE~T B (Continued)
PROGRUI STAT'LTES .~"D REG'LLATIO~S
T. .\ll \VAP subgrantees shall comply \vith the ARRA 2009-2012 WAP State Plan, Annual File ~arrative. as set
Iorth below:.
Liability Insurance
'1.11 Recipients and subcontractors are required to have sufficient liability insurance coverage tor pert arming
'seatherization-funded activities. In addition, Recipients must have Pollution Occurrence Insurance (POI), \vhether
included, added to. or a separate general liability insurance policy. Costs may be charged as a separate line item on
:he 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 &TA activities are intended to maintain or increase the efficiency, quality, and effectiveness of the \Veatherization
.\ssistance 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 of T &T A needs will be the an going
review of monthly production and expenditure reports.
.\lthough historically the state has not required any specific certification or experience for local service provider
employees who perform inspectiOlvdiagnostic 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 ret1ected in the ARRA
\VAP 2009 sub grant 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 2008 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 of WAP, the rebate checks issued under the Economic Stimulus Act of 2008 Vvill :"{OT count as
income Vvhen determining eligibility.
Determining Priority Service
ReCIpients '",ill continue prioritizing services to clients based upon the DOE-recognized clJssitications of'\:ldaly,
[Cc:rsons \vith disabilities. families with children under 12 lears old, hous<;,hold '.\ith a high energy burden :md hi~h
;'esidential enagy user" in their "priorit) ofserv:ces" point sjstem. To clssist \\ith Jetennining \\hich clients meet
;11e Llst t\VO classifications, J \kmor:mdum of l nderstanding (\IOC) between the \VAP and the LIHL\P
i<.eclpienrs servmg the same geographic:ll area is required. . \ll W.\.P R<;,cipients will ..::oordin:ne \\ith their local
UHL\P ora\ iJer to ,je\e1op a referral process :lnd fJrgeted number of clic:nrs to sc:rve. .\ minimum of I tJ)~, of tl1t:
:, ;;:;1tS tC:Ct.'l\-lng '.\ eJ~h..:rizJ.ti0n ~i;..'r".l(eS tl:rougil \\-. \P Juring Pr~ :009 \\ ill Or; LIHE.. \.P ;:'~ferr~lis.
~ L
ATTACH\IE~T B (Continued)
PROGR.\..\I STATeTES A,'lD REGeL\TIO~S
Vehicle Purchase
~ecipients are able to spread me large cost of purchasing vehicles and or cenain equipment, \vith an acquisition cost
of 55.000 or more over the entire life of the vehicle and the number of homes served during that period. However, a
proponionate share of the amortized cost of purchasing vehicles must be included as a part of the cost tor
weatherizing each home. DOE allows tor determining the average cost per unit by including only that fraction of the
cost of a new vehicle \vhich is acrually "used" during the current year. Recipients should consider and \veigh the
()ptions on leasing versus lease-purchasing. DOE does not need to approve a veillcle 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 veillcle.
In order for a Recipient to use a purchase or lease-purchase option, specitic information must be collected and
submitted to the Department for review prior to submission to DOE tor approval. The Department has developed a
verucle purchasing guidance packet and forms that must be completed tor tills activity. Contact the Department to
receive tills packet.
Prevailing Wages
.\11 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 D.S.C. SS313l - 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 D.S.C. 3145. See D.S. Department of Labor, Wage and Hour
Division website at http:/.www.dol.govieslliwhd/contractsidbra.htm. Wage determinations can be found at
http:, /www. \vdol. 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 intormation 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
of 2009 (Recovery Act) funds. The Department of Labor (DOL), Employment Standards Administration, Wage and
Hour Division (WHO) has issued guidance on applicability of DBA requirements to all agencies engaged in funding
projects tor construction. alteration, and/or repair funded in vvhole 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
ranicular. Those DOL documents are attached hereto tor your convenience. The instant memorandum is intended to
prOVIde you with the DOL guidance and to amplify that information as may be appropriate tor our circumstances. It
does not modify or replace the DOL guidance or any requirements or terms and conditions contained in the grant
Instrument.
DIscrSSIO:\: The Department of Energy Weatherization <\ssistance Program
[:,<:: \Veatheriz~ltlon .\sslstance Program \\as established in 19""6. The program has histoncalIy not been subject to
"h.: DBA pre\aill11g '.vage requirements. Howe\t:r. on February 17. 2f)09. PreSident Obama signed the Recovery Act
-,):umpstan the economy by saving and creatmg Jobs, and to foster '.\-earherization and energy efficiency efforts and
_ChIC:W oth.:r go~lls. Sc'ction 11)06 of the Reeo\ cry .\cr speClfic:1lly reqUIres that all ::100r(;'1'S Jnd mechanics
,,'1piO:. ed OJ comractors and subcontrJctors on Jny project "tiJnded directlj by or aSSisted in \\/1ole or in P,lf! oJ"
~.:covery . \ct tltncs ae :xlld prevaIling '.\ ages as cktermined by the Secretary of labor. rhus, '.\eathenzation
\'slSrance pro;ccrs fll1..t:d or lSSlsred lI1 \\hol.: or part by RccO\<:ry .\-:r r'tmds are ;;o'.v subiect to DBA )cre,.aIii:1g
l;;t: rC0U:[;;":;T:l'nt'1.
ATTACH:\IE~T B (Continued)
PROGR-\...\I STATCTES A.:.~D REGrLATIO~S
\ccordingly, contractors and subcontractors must ensure that any laborers and mechanics employed on projects
_u funded or assisted in \vhole or in part by Recovery ~I't funds are paid prevailing wages as dctermincd by the
Secretary of Labor for construction, alteration, and or repair (including painting and decorating). Grantees and
sub grantees, \Vith the exception of state and local governments, that use their own employees to perform this \vork,
\\111 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 tlow do\vu 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 \vith 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,
-1nd the resulting contracts and grants, and must require that those requirements now do'Wu to any contracts or
subcontracts tor the performance of the work. The recipient of the Recovery Act funds is responsible for the
compliance by its subgrantees, 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
-1greements, and the resulting contracts and grants. DOE is working 'With DOL to ensure that wage determinations
tor weatherization projects accurately renect the local prevailing wage rates and fringe benetits for this work. To
this end, the Wage and Hour Division ("WHO") Administrator may issue a weatherization wage determination after
a contract has been awarded or after the beginning of construction. Pursuant to 29 CFR ~ 1. 6( t), 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 \VHD 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 tor
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 imp:. ,V'}, w. wdoL;ov [n<i,,'x.:E,)X 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 of HVAC systems by licensed contractors most likely 'Will not be
considered weatherization work. The wage determination tor 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 HVAC unit,
installing duct work, and installing the pipe. The survey is asking tor the classitication( s) that perform HV AC work
:md tor a description of the scope of the HVA..C \vork pertormed on the jobs. From this, the survey results will
determine the classification(s) and ratesltnnge benefits that will be paid to the worker(s) who perform HVAC \york
Jnd \vill specity on the wage determination the scope of the \york performed. For instance, it may be a
Weatherization \',:orker. HV, \C mechanic. plumber, pipe fitter, or sheet metal worker. [he survey results \vill
jetermine \vhich cIassification(s) do the work.
DOE and others haw su"gested rhat the classifications and wage rates fringe benetits on the current reSIdential \\:l::;<:
,ieterminations :lre not applicable to ',eatherization work. DOL is working to ensure that \vage determinations tor
.\ ork on weatherization projects :lccuratelj ret1ect the 10c.11 prc\'ailing practice tor this \york. To this end. the \\HD
\,Jrmnisrr:ltor :It DOL may Issue a \\ :l"e detcr:nimtion afta contract a'.v:lrd or aha ,1:10 Oeglllilmg of constructJon. if
'l:e Jgencies proceed without an applicable \\eatherizJtion '.vage determimtion in their projects, rhen they risk
:1-1\ IDS a back \\age bblEty :lIter DOL completes its survey Jnd ISsues applicable weatherization \\Jge
,!etcTmmJtions. There IS ;10 '.\ay to detemline prIor fO ,he ,:ompktion of 'he sune:: :lI1d pre'.Jiling '.\age
:\.-;r...?rn~inJli()n pr\)('C'ss 'xhcthcr lhc '\ c'Jtil\:'n.z~f1i~'n ',\ J~e "ur.'~y \\ 111 ,:0]1cCt SU~'~I(:1,-,nr .ln~'().l-n-:J:ion :'~Jr '.\'rID ~\_)
AITACH:\IE~T B (Continued)
PROGR..\.J,J STATt:TES A..,n REGCL\.TIO~S
;Jroduce a separate rate for HYAC work or whether that work is performed by a \\eatherization mechanic. plumber,
?ipeIitter. sheet metal worker. etc. There are no standard national d>1"ifkation definitions under the Dayis Bacofl-----
program The classitication of work that perfonns the \vork in question is based on the prevailing practice in the
Jrea.
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 payTolls 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 'vVHD
.\dministrator. will be incorporated into the contract or grant retroactively to the beginning of construction. The
certiiied payToll records submitted prior to the inclusion of the proper wage determination must be reviewed and any
employees paid less than the determined wage rates must be compensated the difference for all hours worked on the
project. In addition, the contractor must be compensated tar 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 tar specific
guidance on how to appropriately charge these costs.
Granteesl 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
detennination 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 detennination(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 'vVHD Administrator issues a new wage determination.
In addition, grantees, subgrantees and contractors/subcontractors on weatherization projects funded or assisted in
'shole or part by Recovery Act funds shall maintain payTolls and basic records relating to payToll during the course
of the work and preserve them tar a period of three years thereafter for all bborers 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
~ubmit weekly certit1ed payroll records to the contracting and administering agency.
Training
DOE has completed In mitiJl round of nJtionJl \\ ebimrs trJining on DJ"is-BJcon in,pkmentarion t;Jr StJre ,md
',' CJl Jgl'nCll'S. JJJ\ is-BJcon trJining ScSSlOllS 31so.",Te conducted Jt the DOE XeJthenz:uion . \ssiStJnCe Pro:,;rJffi
\Jtioml Conference held July 20-23.2009 in Indi3mpolis. This trJimng \\as deSigned to prO\ide :dI JLTendees \vnh
J=,l'ner:11 o\er:111 illo\vl,:dge Gn cGmpii:.lnce \vlth DBA. The state ofF:orid:1 \\lii be pro\IJing Q'Jining on DJ\is-
lJcon ;~}r ~:-:cir pro\ ~dcr ,:l~('ncr('s,
_ t
ATTACH:\IE~T B (Continued)
PROGR.\...\I STATCTES .-L"D REGlL-\TIO~S
CO.\'CLCSIO~
DOE is committed to ensuring that the Recovery Act meets irs dual objectives of creating thousands of new jobs and
of bringing about the \veatherization of more than 525.000 Imv-income households over rhe next three years. DOE
"vill provide any additional assistance needed and will address any issues that may arise in order to ensure that those
doals are met. To this end. DOL, \vith assistance from the DOE, is developing project vvage detenninations that
accurately renect the classifications used and wage rates paid on residential weatherization projects. These new
.vage surveys are being conducted on an expedited basis. Once completed, project wage detenninations, specitic to
'.vearhenzation work in residential buildings will be issued to DOE for incorporation into the grant and contract
documents.
\dministrative
[f 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) fhe State shall ensure that:
( I) 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 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 lll1dertake a timely and effective
\Veatherization Program.
(3) In selecting a Recipient, preference is given to any CM or other public or
nonprotIt entity which has, or is currently administering, an effective program lll1der this part
or lll1der 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, qualitIcations, and experience of the staff members of
rhe Recipient; and
(iv) The ability of the Recipient to secure volunteers, training participants, public service
'~mployment workers, and other Federal or State training programs.
Ih) The State shall ensure that the funds received under this part will be allocated to the entities selected in
Jccordance \vith paragraph (a) of this section, such that funds will be allocated to :m~as on the basis of the
relative need of low income persons for a weatherization project.
I c) [f DOE tinds that a Recipient sekcted to undertake \Veatherization activities under this part has failed to
comply substantially \\ ith the provisions of the .\RRA or this part and should be replact:d. such tinding
,hall be treated as a finding under I I) eFR -I-I1)30( i).
,d) . \ny new or Jdditional Recipient shall be sdectt:d at J hearing in .lccordance \vith 10 eFR -I-I0.1-1( a) Jnd
.pon :he basis of the criteria In prJgraph ! J) of this section.
~ I A. Stare may rerrrunare rimncial JSSlstJnCe under a subgrJnt Jgreement ;('1' a ;2r:mt period 'Jn1;. ;n
xccordance \\1:h established State procedures that provide Ztppropnate notice of the Statt:'s reJSOI:S to the
~<.(:CJpl<.:nt.
A TTACH:\IENT C
RECORDKEEPI~G
~;--ffiformation to be rnaUltaukJ ill [1](: lilt: for eadrctlenrs1ratt-i:nclude,1mrnOfbeTlrillte(rlornelorro~:lng.
1) Client Intake Form (signed by the client and dated)
2) Copy of photo identification of client
3) Client Selection (Priority) Criteria Form
..I) Copy of the Client signed and dated CompliantAppeal Procedures Form
5) Copy of Social Securlty Cards (with only the last four digits showing)
6) Docwnentation of Income for all members of the household
-) Documentation of Ownership or Landlord Agreement (when applicable)
S) A copy of the completed Priority List Assessment and Testing (PLAT) forms
9) A copy of the first page of the ~ational Energy Audit (l\EA T) or the .\fanufactured Home Energy Audit
l.\fHEA) \vhen replacing central HV AC units or if used for refrigerator replacement justification
10) Copy of the signed and dated Client/Agency Pre-\Vork 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 WAP Coordinator has determined the weatherization activities to be performed on a home,
the measures to be addressed will be listed on a ClienVAgency 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 torm
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 intormation 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
:.)
A TTACH:\IE:\'T D
REPORTS
-_L-_:',JDnthlj'-reportS are due-te-the Department by the 1:: th of ead-1l1Juulh. The Recipient shall subII11t the r manCIa!
Status Report (FSR) via the eGrants reporting system. In addition, the Recipient \vill fax to the Department a signed
20PY of the FSR along with a Capacity Budget Cost Itemization (CBCI) form. The CBCI \vill support the charges
reponed in the Fee For Service category on the FSR.
B. Semi-Annual Success and Leverage Reports are due to the Department on or bdore 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 \vork on at
kast tlve clients' homes, and then contact those clients the tirst full billing month cycle after work is
20mpleted 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
bbor should also be included in this report.
C. .\Ionthly 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 ARRi\; DOE Reports as needed.
~ote: 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 betore .\Iarch 15, 2011.
G. Failure to submit all required reports as outlined in Se:ction 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
\Veatherization Assistance: Program
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Fax: (S50) ..\S8-2.+88
H. The audit is Jue nine (9) months :Htcr the end of the fiscal year of the Recipient ur by :te ,late the audit repol1 is
:'iSued by rhe state .\lidltor GeneraL '.\hichever IS later.
r. H:1nd ddi\en:d reports must be date stamped in by Depanment staff Each report :'-:itill sl13!ll~e ";l::;ned bv rhe
'\ccipienr's Jesi:;nated J;!ent.
J. t tiIizJtion ofthr.: t:(;:':llllS r\..'portin~ system:s n~Jr~d:.ltory for J11 \\.,\P SUbsfJntc('s.
-\TTACH:\'IE~T E
JLSTIFICATIO~ OF ADV.-\....~CE PAY.\IE~T
L1..c /I r .~e.G't.M\;
RECIPIE\.;T: P-OI\.r0t"_ C01AJ\~ bC~fd r;f (.cW\-~J (~01Y\f"lCYSic-r\~).S! 'Scc':~ 2:e..fl.i(Cc
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shaH not
exceed the expected cash needs of the Recipient within the initial three months of the Agreement.
QI. \,;0 ADVA\.;CE REQUESTED
o _illVA~CE REQCESTED
\.;0 advance payment is requested. Payment \vill be
solely on a reimbursement basis. \.;0 additional
, information is required.
, Advance payment of $ is requested.
i
i Balance of payments will be made on a reimbursement
I 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.
REQIJEST FOR AnV ANCE
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):
E;\PL\:,\\ no\.; OF EXCEPTIO\'; \L CIRCT'.[STX\CES i. IF REQtESTO\';G '.[ORE THY\ Lr:\E F):
'\otc: ,\11 advance requests must provide \Hittenjustitication and a budgd for the tirst three
months of the -\.greemcnt.
ATTACH:\-IE~T F
WARlU.",\,TIES ASD REPRESE~TATIO~S
FEllaH":; ;al :vrnrrmremerrr-
Recipient's fimncial management system must include the following:
( 1) A.ccurate. 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 contain
information pertaining to grant awards, authorizations. obligations, unobligated balances. assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
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, fmancial 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 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
alert to con11icts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or othenvise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
tor bids and: or requests tor proposals shall be excluded from competing for such procurements. /\. \y ards shall be
made ro the bidder or offeror \y hose bid or offer is rt..'sponsive to the solicitation and is most ad\antageous to the
Recipient. considering the price, qll.1lity and other factors. Sohcitations shall ck'arly set torth :111 requirements that
'he bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. . \ny and all bids or
.t~rs may be reiected \'.hen ~t is III the Recinient's interest to do so.
~ .' !.
. ,)
.\.TTACH."IE~T F
\VARRA. 'iTIES ..\... 'iD REPRESE~TA TIO~S
Codes of Conduct
The Recipient shall maintain \"TItten standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. .\/0 employee, officer, or agent shall participate in the selection, award, or
Jdrninistration of a contract supported by public grant funds if a real or apparent contlict of interest would be
involved. Such a contlict would arise when the employee, onicer, 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 otTIcers, 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 tor violations of the
standards by otTIcers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open tor 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.m., five days a week.
Licensing and Permitting
,\11 subcontractors or employees hired by the Recipient shall have all current licenses and permits required tor all of
the particular work for which they are hired by the Recipient.
ATTACH.'\IENT G
Certification Regarding
~eb:l!ment~~'ll~E~nsion, IneligiQilitv _
And Voluntary Exclusion
Subcontractor Covered Transactions
( l) The prospective subcontractor of the Recipient, (name of subcontractor). certifies, by submission of this
Jocument, 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) \Vhere the Contractor's subcontractor is unable to certifY to the above statement, the prospective contractor
r
shall attach an explanation to this form.
(Sub-Contractor's Name)
(Recipient's Name)
Date:
(\}/A
(.\uthorized Signature)
(Print ~ame and Title)
(type here)
(DCA Contract ~umber)
\ Street Address)
I City, State, Zip)
.\TTACH.:\IENT H
STATE.:\IENT OF ASSLR.\SCES
TlT~ec1p1efirneteby ceft1nes to the rruth and accuracy at the tollowmg:
.\. Its governing body has duly adopted or passed as an ofticial act, a resolution, motion or similar action
Juthorizing the tiling of the contract, including all Wlderstandings and assurances contained therein, and directing
and authorizing the Recipient's chief executive to act in connection with the agreement and to provide such
Jdditional 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. Cnits of/ocal government, Indian tribes and non-protit organizations shall secure and maintain such insurance as
may be necessary tor 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 Wlder this Agreement.
D. Priority in selection of clients will be given to (1) the elderly, (2) persons with disabilities,
(3) households with children Wlder 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 o\Vner occupied units,
2. single family renter occupied units in buildings up to tive units,
3. multi-family units (5 units or more per building), with 10% o\Vner 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 Wlder this Agreement shall be coordinated \Vith
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 committee or legislative body.
H. The Recipient \vill permit on-site program \:valuation by the Department of Energy, the D\:partment's field
repr\:s\:ntative and by technical assistance groups assigned by the Department. Ih\: R\:cipient will also allow
insp\:ction, veritication, and audit of tinancial tro.nsactions and records by staff or agents of the Department, the
C omptrolkr's Office, kgislative or federal Juditors, and Department of Energy personnel.
r. In order to ensure that no undue or excessive enhancement to.kes plJce on renter occupied units. :he Recipient
;,a11 rc:quire chat :he landlords of bUll dings with rive or more units. or Jny combination of buildings with an
Jggregate total of tive units or more. rh::1t receive seryices under [his contract '.'oill pay ten percent ( i of the total
~,)s[ of the work performed. The landlord's participation may be wai\<:d or r<:duced if they can docun:ent in '.\Titing
':ar tr:ev cannot afford to 2articlpate. .\ '.\Tin<:I1 agr<:<:ment b<:tween the Recipi<:nt and the ia~dlord dc:talling the
andlord's con:mltm<:nt and legal rc:sponslbiliries \\lll be executed after pre-inspection and '.york ddcnnination :13S
'ecncompk:rcd and peor to '.\ork beginmng on the unit and J copy of this agreement mamtained in [1',C ciic:nt( 5) tile.
~ 1
A rTACH:\-IE~T I
COL:\TY ALLOCATIO~S
'::';le till:111ciat:rltm:atIDIl ~pt:ci1ied-roreactlcOUfi1Y~vprogram IS desIgnated to be spent i.lllfiat county. ror reCIpIents
,){ funds designated for more than one county. in the event that circumstances will not allow the full expenditure of
my program funds allocated to a particular county, a request to expend any part of those funds in another county
must be submined in "Tiring to the Department. This request must jusrify the lack of need of program services in
that county. Funds may not be expended in another county vvithout prior ,,,Tinen approval of the Department.
CO(;:\1TY
ALLOCATION
5417,460.39
.\Ionroe
ArTACH\IE~T J
SPECIAL CO~DITIO:\"S
The Recipient will be evaluated monthly in regard to meeting production goals provided in Attachment A,
Scope of \V ork of this Agreement. submission of complete and accurate reports on time as indicated in Attachment
D of this Agreement. compliance with Weatherizarion Assistance Program ( WAP) Procedures and Guidelines as
contained in the Florida \V.-\P :\Ianual, .:md additional procedures, guidelines and compliance requirements as
provIded for the ARRA by DOE.
.\ny Recipient failing to meet momhly compliance of the requirements listed above may be placed on
probationary starns. 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
.1 funding reduction andior the Department may proceed \vith 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
WAP. this Agreement may be extended for an additional time period.
All subgrantees may be required to provide the Department with notification of any bid postings for
weatherizing dwellings under the ARRA W AP agreement. The information will include the date of bid posting,
dose date of accepting bids, and bid opening/award date. Also, the contact information for the individual
coordinating this activity for the subgrantee must be provided
Example of information to be submitted:
The (Ae:encv name here) has posted on CHonth, day, year) a bid for (# of dwellinl!s)
number of units to receive weatherization work. Bids are to be submitted by COB on C"Ionth, day, year)
and will be opened and awarded on Glonth, day, vear)
The bid opening for the above has been completed and (Contractor name here)
awarded the bid on (.\Ionth, day, year)
has been
To find out how to qualifY for participating in this bid process, interested state certified contractors
should contact (Aeencv point of contact) of the (Aeencv name here) at
(phone number) or by email at (email address here) for more information.
Clause A: DAVIS BACON ACT REQnRE.\IE~TS
.1. Definitions: For purposes of these additional ARRA \VAP Special Conditions Davis Bacon Act Requirements
Clause A, Clause B, Contract \-Vork Hours and Safety Standards Act, and Clause C, Recipient Functions, the
~'ol1o\ving definitions are applicable:
! 1 )\ '.,-ad means t!:e :\ '.\ ard by the Department of Ererg; I DOE'! to a Recpiem that includes a reqlllrem..:nt
to comply '.\ ith the labor standards cbuses and '.vage rate requirements of the Davis-Bacon Act (DR\) for
,\ork pcrform:d by all bborers Jnd mechamcs employ..:d by Subrccipi":Dts. Contractors and subcontractors
n proje-:rs !llndcd by ,)r 2ss1stcd in ',1, hole or in pJrt 2::d ;:hrOtlsh Lhc F'.:derJl (;0\ c'rnr:1enr ~~u.;:'5uilnt ~0
:'le Recowry . \c1.
, I
. ,
.\.rTACHyIE~T J (continued)
SPECIAL CO:\DITIO:\S
i)) "ConstTUcti()l1,;Jll~ratlOllQrrepair" IDell11& all!}peS-ofwor-k-doo~~ ~~aoo-~haffies-~
by the Subrecipient, construction contractor or construction subcontractor on a particular building or work
Jt the site thereot: including without limitation-
i a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated
otf-site:
(b) Painting and decorating; or
Ie) ~fanufacturing 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 A ward from DOE
and is financially accountable for the use of any DOE funds or property, and is legally responsible for
carrying out the tenus and conditions of the program and A ward.
(7) "Site of the worK'-
(a) :\feans--
(i) The physical place or places where the construction called for in the A ward,
Subaward, or Contract \\-111 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 pertormance of the project; ~nd
12) They are adjacent or virtually adjacent to the site of the \york as ddined in paragraphs
f -Jf'l)(i; or C/flljfiij of this detinition; and
: c) Does not lllclude permanent home oftic<:s. branch plant establislunents. t"ibricatlon plants, or
"101 YJrds of a Contractor or subcontractor \\ hose locations Jnd continuance in oper3tion 3rt
lerennined wholly wJthout regard to a particular contract or Federal. \ \vard or project. In aoditian.
~jbncatlOn pbnts. batch plants. corrO\v pitS, job heJdquaners. yards. etc., .jf J commerclJl or
',atenJ! supplier \\bich are estJblished by a supplier ofmataiJls for the project berare opening \)f
';ds Jnd not on the project site as detlned in pJra2:raphs
:-.:;
ATTACH:\IE~T J (continued)
SPECIAL CO~DITIO~S
,-:;;a;!-if- Mf-; ~/aff-ii-} ~flH5-BeBffitiBfriare fu7tmehtdffi in- the ,.rte-ofth.,worlc" 3udr vermarrenT,
jCreviously 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,
Sub award, or Contract.
(S) SlIbaward means an av,:ard 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
sub recipient. The term includes financial assistance \vhen 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 detInition of
"Av,iard" 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 (CM), 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
(1)(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 paYToll deductions as are pennitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona tide 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
hereo( 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
detennination 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 detennination, 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.
fb) Contributions made or costs reasombly anticipated for bona fide fringe benefits under section l(b)(2) of
the DBA on behalf of bborers or mechanics are considered wages paid to such iaborers and mechanics.
subject to the provisions of paragraph B( -+) belo\v: also, regubr contnbutions made or ..:osts incurred for
;l1ore than a weekly period (but not lc:ss oth:n than quarterly) under plans. funds. or progrums which Co\<::[
,:le purticubr \veekly period. are deemed to be constructively made or incurred during such period.
ATTACH.:\IE~T J (continued)
SPECIAL CO~DlTIO~S
c lSuc:l1Jaborers and I1l~chanics shall be paid not less Than Thi' :1rrmpri'He ";age rate and fringe-henei'its in
,he \vage determination for the classification of \vork actually performed, without regard to skilL except as
?rovided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in
:nore than one classification may be compensated at the rate specified for each classification for the time
,lcruaily worked therein; provided that the employer's payroll records accurately sd forth the time spent in
each classific:ition in which work is performed.
I d) The wage determination (including any additional classifications and \vage rates conformed under
paragraph B(2) of this Clause) and the Davis-Bacon poster (\VH-1321) shall be posted :it 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.
12)(a) The Contracting Ofticer 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
contarmance with the wage detemtination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have been
met:
0) 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 bene tits, 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. lfthe 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:
\Vage and Hour Division
Employment Standards Administration
C.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative \vill approve, modify, or disapprove every additional
classification action \,ithin 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 'he e';ent the Subrecipient (and Contractor. "hen applicable!. and the bborers ur mechanics to be
employed in the classit;cation. or theIr representatives, do not agree on ,he proposed c bssIt'kation and
'\ :lse r:lre (includIng The :lrr:ount designarcd tar tringe benetits, \\here Jppropnate). The Subrecipient shaH
;:otity the RecipIent. The Recipient 5;1:111 TlOtitY rhe C onrracting Officer of the Jisagrcemenr. The
<inn'Jcrin:; ()ffic;.:r 5h.111 i.~tcr t~1t: qUestIons. :;:c:uJi~g ~hc \ i~'.\s of .111 :nt~rt.'5tcd pJrtics Jnd the
',:commencation of the C ontr:lcting Orficer. to the :\dmini5trator of :hc \Vage :lnd Hour Di\'ision tor
~:.;t~rmin~tion. fhe + \Jrninisrr:uor, t)[ :in Juthorizcd r~prc:s~nti1ti\"c. \\ III issue J. ~:c:tt:rnllnJi:jon ',\ ithin 3G
,1..1:,-5 IJfreccipt and so Jd\i~c the C'~~,~tTJct~ng ()ft~cc:r el[ '-xiiI f;;C C. ()f~:c~r -\ ;t:1:n tl~c .~(\~
~;~jr .1\JJiriotlJl L:11t: is ;1c\>':~,:;Jr'/,
ATTACH~IE~T J (continued)
SPECIAL CO.'\'DITIONS
I j) The wage rate (including fringe benefits, where appropriate) detennined pursuant to subparagraphs
B( 2)( b) or B(2)( c) of this Clause shall be paid to all \vorkers perfonning work in the classification under the
.\ward. Suba\vard. or Contract from the first day on which work is performed in the classification.
(3) \Yhenever the minimum wage rate prescribed in the A ward, Subaward, or Contract for a class of
laborers or mechanics includes a fringe bene tit which is not expressed as an hourly rate, the Subrecipient
and Contractor shall either pay the bene tit as stated in the wage determination or shall pay another bona
fide fringe benetit 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 of Wages
(I) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in
performance 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 Award, Subaward, or Contract.
(2) If the Subaward 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 detennination to be obtained by the Contracting Officer from the Secretary of Labor.
D. Parrol/s and Basic Records
( I) Pa)'Tolls 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 tide fringe benetits 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. \Yhenever the Secretary of Labor has found, under paragraph (-+)
of the provision entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of
Jny costs reasonably anticipated in providing benefits under a plan or program described in section
11 b}( 2)( B) of the D;1\ is-Bacon Act, the Subn:cipient or Contractor shall maintain records '.vhich sho\v that
the comnutment to provide such benefits is c'nforceable. that the plan or program is financially responsible.
JnJ that the pLm or program has been communicated in wTiting to the laborers or mechanics affected. and
i'ecords '.vhlch show rhe costs anticipated or the actual cost incurred in providing such bend!ts. The
Subrecipienr or Contractor emplo: lllg Jpprentices or trainct:s unda Jppro\L'd progrJms shall maintain
'. ~ltten e\ jjence or' rhe reglstTJtion or' Jpprel1tlceship programs and c;;:rrit!cation of trainee progfJms, rile
:'~glstrJtion of the Jpprenrices Jl1d trainees. Jnd the rJtios Jnd '.\ age rates preSCrIbed in the Jpp!icable
-pfogr:lD1S.
ATTACH-'IE~T J (continued)
SPECIAL CO~DITIO:\'S
I 2)(a) The Contractor shall sllnmir weekljLfm-~~k-in "hich:my C~G-wer~--
oI all payTOlls to the Subrecipient. The Subrecipienr shall submit weekly for each \veek in \vhich any
:)ubaward or Contract \vork is performed a copy of all payrolls to the Recipient. The Recipient shall submit
'wekly for each \veek in \vhich any Suba\vard or Contract \vork is performed a copy of all payTolls to the
Contracting Officer. The payTolls subrmtted 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
md home addresses shall not be included on weekly transrmttals. Instead, the payTolls 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 \VH-347 is available for this purpose from the Wage and Hour Division vVeb site at
'~~;: \\'v ',v ,.'Ol._:~ov"'sa. 'v 1:1.l r~jm;s 'v i:J..j. -;nsrr.l:rm or its successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of
payTolls 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 pay Tolls and basic records as required by paragraph D, PayTolls 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 \vith 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 payToll for the payToll 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 payToll 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 tram the full vvages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR Part 3; and
(iii) Tbt each laborer or mechanic has been paid not less than the applicable '.vage rJtes and tringe
:xnetits or CJsh equivalents for the classificnion of \\ork performed. as specified in the applicJble
'\J~e determInation incorpor:lted into the SubawJrd or ContrJct.
,jj T:1e \\eekly submission ofa properly executed certification set forth on the reverse side of Optional
F,ym \\H-3r s'laJJ s:ltist} the requirement fix submission of the "St:lt.:ment ofComplianc.:' required by
:.HJgraph D(.2;lc) of:his Cbuse.
'::) r~:~ ~JIs:rl":Jti0n of ~ny of ~be ('erti{'l~aticns ;n PJ.rJgraph D. PJ.:Tolls .lnd BJs;c RecurJs. ()f ~his ('\lL;.S~
~~.JV ~~1C: R('c:pj,..:nt. S~~[:'recipient IJf (:JntrJctor ~(J \:1\ ~r \.:r:rnin:d ~~r:,l.:r 5cc:ic;n : ,>'t I
, r ::....' ~.~ ,~n,l St:cri()l1 3 - .2r) I)! T;:;~ 31 \J~' ~h~ l ni~~'J SrJt,,:s c'(~"d~.
~ '. I
ATTACH'IE~T J (continued)
SPECIAL CO.\"DlTIO.\'S
3,} The Recipient, Subrecipiem, or Contractor shall make the records required under paragraph D( I) of this
Clause available for inspection. copying, or transcription by the Contracting Officer, authorized
cepresematives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor
shall permit [he Contracting Officer, authorized representatives of the Contracting Officer or the
Department of Labor to interview employees dwing 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 \vritten notice to the Recipient, Subrecipient, or Contractor take such action as may be
necessary [0 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
Jebarment action pursuant to 29 CFR 5.12.
E. Withholding of Funds
( I) The DOE Contracting Officer shall, upon his or her or its own action or upon \VTitten request of an
:mthorized 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
)..ward 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 Award 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, atter
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 \VTitten 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
Jny 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 \-vard subject to Davis-Bacon prevailing wage
requirements, which is held by the same Subrecipient or Contractor.
F. .Ipprelltices and Trainees
( ! i . \pprenti~ts.
'J I ,1"n appn:ntJce \\ dl be pemutted to '.\ork at kss than the preddemuned r:lte tor the '.\ork 'hey
)crforrned when they are employed-.
;) PursL::lnt [0 and :ndi\ iJually rl'glstered m a Dona t;j" :'ppr<:ntJceslllp progr:lnl
r-.:gistl'fcJ \\ ith the l.S. Dep::ll'tmcnt of L.lbor, Emplo:-mcnt :lnd TrJinJl1g .\JmllllSlTJtlOn.
'Jrf:ce ')t\pprenri-:esi11p Jnd TrJinmg, Er:lploy<:r, JnJ Lbor SCf\ ICeS 10. \ TELS! elr ,\[h
, S'Jt;?\f:prcl~ti('~',h:p \gc:ncv ,hc (I\TEL:3: ,)1'
ATL\CH:\IE""T J (continued)
SPECIAL CO""DITIO""S
I 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 OA TELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary emplo}lllent as an apprentice.
(b) The allowable ratio of apprentices to journe}lllen on the job site in any craft classification shall not be
,!:reater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the
registered program.
I c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated in paragraph F(l) of this Clause, shall be paid not less than the applicable \vage determination for
the classification of work actually performed. In addition, any apprentice perfonning 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 detennination for the work actually performed.
(d) \-Vhere a Subrecipient or Contractor is perfonning 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
detennination.
(e) Apprentices shall be paid fringe bene tits 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 tor the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(f) In the event OA TELS, or a State Apprenticeship Agency recognized by OA TELS, 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 tor the work performed until an acceptable
program is approved.
(2) Trainees.
(a) Except as provided in 29 CFR 5. I 6, trainees will not be permitted to work at less than the predetermined
rate for the work pertormed unless they are employed pursuant to and individually registered in a program
\vhich has received prior approval, evidenced by tormal certitication by (OA TELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under tht: plan approved by 0/\ TELS.
I b I Every trainet: must be paid at not kss than the rate speci tied in the approved program for the trainee' s
L:\ eI of progress. expressed as a percentage of the Journey man hourIy rate specitied in the applicable \\age
,idcTmination. Trainees shaiI be paid fringe benetits in accordance wlth the proviSiOns of the trainee
~rogram. If the trainee program does not mention fringe benetits. trainees shall be paid the full amount of
:ringe benetits listed ;n the \\ Jge Jc'tc'IlT'inJtion unless the Administrator of rhe \\-Jge Jlld Hour Division
.:<.:temunes ThJt there is .lD Jppr-:nticeship rraimng pro:,!rJm Jssociated \\ nh the corresponding joul11e'yman
\Jge rare' In the '.\ Jge Jetermiflation which provides for less than full ~ringe b<.:nc'tits ror Jppremices. .'l.ny
_'mployee iiskd on the payroi! at a Trainee rate \\ ho IS riot regiskred and panicipJting in a ,n.ining pbn
.,cprovc:d bv r::e 0 'I. TELS <1:111 be fJ1iJ [cot \:ss T;:an r:1e lpplic.lbk '.\ age r:ito:: in t:1<:\\ ;lge ,:<.:rer;:1in:.Hion f)[
'~(' .2 ;JSSl tlcjrlt)n (J f \ (frk ,h.:r,iJj i~v' ~er;~~)l111eJ. r n JJJitllJT1. jlly rrJiIlce ". (irk ~)n ~hL' sit~ .n
.\TTACHyIE~T J (continued)
SPECIAL CO~DITIO~S
~x~~ss of the ranoperrnitTf'O under-theregister~~aJJ Be j3ai4 aet les~ than- rhefr~te-wa~
;~te in the w~ge determination for the \vork actually performed.
I c) In the event OA TELS withdraws approval of a training program, the Subrecipiem or Conrractor will no
'onger be permitted to utilize trainees at less than the ~pplicable predetermined rate for the work performed
until ~n acceptable program is approved.
(]) 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 Award, Subaward or Contract.
H. Subawards and Contracts
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause
"ntitled "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 ofa Subaward, the Recipient shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward 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.nsf0170B4872D 16EE95A 785256A26004F7EA8/Sfiksf1413 _ 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 tor construction within the enited 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.nsfiO,70B4872D16EE95A 78525 6A26004F7EA8; Stile! sf1413_ e.pdf. The
Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1.+13.
I COlltract Termination -- Debarmellt
\ im:ach of these provisions may be grounds for tcrmin~tion of the A '.vard, Sub~l\vard, or C ontract ~llld tor
,iebannent as a Contractor or subcontractor as provided 1ll 29 CFR 5.12.
J. Compliance with Davis-Bacon alld Related ,Jet Refjulatiolls
'''I lcil::1gs and lI:terpr"tatlons ofrI1e DJ\;s-B~con :ll1d Related .\((S contained 111 29 eFR P:lrts 1. 3. :1I1J 5 :lre
':creby i:1corporJted by referc:nce ;n the. \ '.'.:1 I'd, Suba'.\ ::ird or Contr:lct.
~ '
.\.TTACH.:\IE~T J (continued)
SPECIAL CO~DlTIO~S
K. Disputes~am:erning Lahnr Standard"
The Cnited States Department of Labor has set torth in 29 CFR Parts 5, 6, and 7 procedures tor resolving disputes
.:oncerning labor standards requirements. Such disputes shall be resolved in accordance ,vith those procedures and
,hall not be subject to any other dispute provision that may be contained in the A ward. Suba ward, and C onrract.
Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any
Contractor) and the Department of Energy, the C.S. Department of Labor, or the employees or their representatives.
L. Certification of Eligibility.
11) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certitIes that neither it {nor he or she) nor any person or tlrm who has an interest in the Recipient,
Subrecipient, or Contractor's finn, 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( al{ 1).
(2) ~o part of this A ward, 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 D.S.C. 1001.
.lL Approval of Wage Rates
.-\11 straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an
Award, 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, Subaward 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 HOCRS .~~D SAFETY ST.~~DARDS ACT
This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or
Contract in an amount in excess ofs 100,000. As used in this CWHSSA Clause, the tenns laborers and mechanics
include watchmen and guards.
.\. Overtime requirements. ~o Subrecipient or Contractor contracting for any part of the Subaward work
'.vhich may require or II1volve the employment of laborers or mechanics shall require or permit any such
,aborer or mechanic in any worbveek in v, hich he or she is employed on such vvork to work in excess of
~l)[ty hours In such worbveek unkss such laborer or mechanic receives compensation at a rate not kss than
.Jne and one-half rimes the baSIC rate of pay for all hours "vorked in excess of t()rty hours in such
vorb,eek.
3. \';olation: ;iabiJirv 6)[ Lnpaid ',\agcs; ;iquidakd dan';ages. In the c\t:I1t Oran} \';ol:lt;on Ofihe ~1:luse set
.~i.th in para~raph B ];c:rem, ,he Subn;ciplent or Contractor responsible rnercfore shall be iiJble l()r the
:i;pald \\Jges. In addition. such Subrecipient or Contractor shall be liable to :he Cnired States (in the CJse
.)(\vork ,jone under a Subaward elr CcmtrJct for the District of Columbia or J :emlory. ro SUCll District cr:o
;;~Li1 ter;:ioryL t~.)r l:quidJtcd ,~1:1m2.gcs. Su('h li'iulllJtcd ,jJn~Jg~s shall ]~e ':t)I~lrurcd \\ :;:11 :.~'SrC2t to ~J.('h
>Ji\ 1jU~ll :J::tJf::r '-lr ;1~c:cl-'l;.lnlC. \\JtLhJ1-;'cn Jr..J ':;::\.-larJs. l',j -n '. >,J1Jt1CD or'il;,-' prrJ\ 1'1\-;'11 '~r..:t
, '
ArTACH"IE~T J (continued)
SPECIAL CO~DITIO:'iS
ilnh in C\\"SSHApaI'agfapa A, ffi-me-sum-ei S W-fcr-eachcatendar day oIIwirich such indivIGu-at Was
~C'quired or pennined to \vork in excess of the standard worbveek of forty hours \vithout payment of the
0'ierrime wages required by the clause set forth in paragraph (A) of this section.
C. Withholding for unpaid wages and liquidated damages.
1.1) The DOE Contracting Officer shall upon its own action or upon \vTIrren request of an
::uthorized 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
.-\\vard or Federal contract with the same Recipient on any other federally-assisted Award or
contract subject to the C\VHSSA, 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 OM! 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 subaward or contract subject to the CWHSSA, which is held by the same
Subrecipient or Contractor such sums as may be detennined 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 C\VHSSA 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 watclunen working on the Subaward
or Contracts. These records are subject to the requirements set forth in Clause XX, Davis Bacon Requirements.
Clause C: RECIPIENT FL'NCTIONS
(l) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions:
(a) Obtain, maintain, and monitor all DBA certified paYTOll records submitted by the Subrecipients
and Contractors at any tier under this A ward;
(b) Review all DBA certitled payToll records for compliance with DBA requirements, including
Jpplicable DOL wage detenninations;
Ie) :\'otify DOE of any non-compliance \vith DBA rc:quirements by Subrecipients or Contractors at
,my tier. including J.ilY non-compli:mces idc:ntifi.:d J.S the result of revi.:\\ s pertormed pursuant to
p:lfagraph (b) Jbov.::
I J) ,\Jdress any Subrecipient :md any Contractor DBA :1on-comp!i:ll1ce issues: If DBA non-
:ompliance issues cannot be r<;:solved in a timdy mannc:r, torward compbmts. surnmary of
:ncsti~J.rjol;s Jnd J11 r.:1e\Jnr mfoITmrion [0 DOE:
; I PrO\lCe DOE '.\ith detaded intomlation ft:::;arding the resolution uf :m:, DB. \ nOlh:umpiiance
,:::.Si.lcS:
'-f
.\ TTACH:'IE~T J (continued)
SPECIAL CO:\DlTIO:\S
. If) Perform services in SUpport ofT)()F investigati().~aim&tHOO-re~-
:lOncompliance by Subrecipients and Contractors with DBA requirements:
I g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors
\,ith DBA requirements and as requested by the Contracting Officer: and
111) Provide copies of all records upon request by DOE or DOL in a rimely manner.
(2) _\11 records maintained on behalf of the DOE in accordance with paragraph (1) above are federal
~ovemment (DOE) ovvned records. DOE or an authorized representative shall be granted access to the
records at all times.
(3) In the event ot: and in response to any Freedom ofInformation Act, 5 C.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 Revised/Final Wage Determination - 2/22/2010
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Oe:sa1bt ~ v.crk to bt perlcnned. I.lilcr i1pIIIt. bllt irlIllIabl. b/O\IIl ~ \WQow & dOOt repw and
WMtwatn~ -seaq; cativ. ~ ot....~ 00clIs; ~,., 0WItIN Of
r~ ~COCIlina In Lfl rd /1jlIII; eIec:ltieal repen; Il1na or Indderqj SllUdlnj rspan;
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s....... Form 301<~"".X1Y 1m.
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.
S 20G9-FL-OO 1
[ssue Date: 12/11/2009
Exp. Date: 03/05/2010
FLORIDA RESIDE\lIAL WEA THERIZATI00i WAGE DETER:.fl,-~ TrO:.r
T:~is project wage determinatIOn is :ssued inresponse to a request fromrheDepartment oiEn~ {OOEdGf- !*V-amr-g-wuge-fates speettie w-
,calterizatIOn of residential structures as those structures are defined in the All Agencv yfemorandum 130 and 131. T~is wage detennination has
~ , ~
Jpplication only roweatherization ~onstruc(!on projects on existing residential structures as described in the SF 308 submitted by DOE. fle primary
~urpose of the project for whIch this wage determination IS being issued is weatherization and is not for the renovation. repair. or new construction of
~esldential structures. A11 other types of residential construction projects are subject to the published general resldentlaJ wage detenninations for the
SClte 01' Florida found on \~wW.Wd01.iWY.
General weatherizatIOn work for purposes of this wage determination is detined as minor repairs. batt insulation, blown insulation, window .lnd door
repair, and weather stripping, solar tjlm installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of
l1ght bulbs, and installation of smoke detectors. In Florida, the Department's recent survey detennined as a matter of prevaIling practice that these
Juties are pertormed by a weatherization worker cJassiticarion.
Additionally, specialty weatherization work is defined as the (1) replacement of doors and windows: (2) installation and repair of furnace/cooling
iHV 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
Jelined by the Davis-Bacon and related Aets regulations. but are more supervisory in nature. The Department issues various classitlcations of workers
when the duties are det1ned and distinct from all other classifications of workers on the wage detennination, The "laborer or mechanic" dutIes of the
crew chief are not sufficiently distinct to warrant the issuance of a separate classification on the wage detennination. ~foreover, the Department does
not Issue separate wage determinations based on a worker's skill, experience or individual training. Therefore, the weatherization crew chief is not
listed as a separate classitication of worker. The weatherization crew cruef must be classltIed a~ a weatherization worker and paid at least the
JppJicable 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 detennination,
TJe rates listed on this \ilage detenrjnarion are the minimum rates that may be paid t;,e iisted classitication for the work pedonned. \Vage rates are
i;ased strictly on work performed ar,d are not based on the employee's :evel of expenence, seniority. ability, dc, There are no levels of rates for t~IS
.vork. Workers ~ert'or.71ing the work descnbed are due at least the n~iniii1um rates listed.
,.
S~009-FL-OOI
Issue Date: 12/1112009
C D t ' O~!O;/')010
LXP, a e. JI __
T~e following I~ a key to the chart below. Each ..:ounty in the state is listed in alphabetical order on the ;'JI' left side of [he chart. There are (\\'O mam
COiUmns separated by a bold line with [he :eft column labeled Weatherization Survey Walle Determination and the right column labeled Existinl!
ResidentiaJ Walle Determination.
T~e three classifications listed under the Weatherization Survey Wage Determination column are the classifications and rates determined to be
:revailing ror weatherization work Jnd are based on wage data submitted in response to the weatherization survey. Weatherization work, as \\ell as
:::e specific duties that may be performed by these three classifications, is defined on this project deCISion. The rate ir:r'ormatlon under each
classification is the basic hourly rate and fringe benetit lif fringe benefits were found to be prevaIling). If there is no wage rate or fringe benefit listed
~nder the classification column, USually the HVAC Worker, then there was no data or insufficient data from \\hich to establish a rare and/or fringe
~enetlt for that classification. If the work perfonned by that classification is needed for the project. then an additional classification request
Iconfonnance) must be made. :\OTE: Classitications and rates listed under the Existing Residential Wage Detennination Column may not be used
tor unlistcd c1a~si tications/work in the Weatherization Survey Wage Determination column. See below for the procedure for requestmg additional
dassifications and the fonn to request thcse cla~sifjcations.
The c1assiticatlOns lIsted under the Existing ResidentiaJ Wage Determination column are those classifications and rates currently published as
~revaJling on the residential general wage detenninations. These wage determinations may be found at ',Mil. '.'idcl.gov. The classifications and rates
lis~ed under the Existing Residential Wage Determination 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 perfonn electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, [hen the existing electriciar
classification md rate listed under this column may be used for that work. The rate infonnation under each classification is the basic hourly rate and,
tnnge 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 project, then a request for an additional classification (conformance) should be made. See below for the procedure for requesting additional
classifications and the form to request these classitlcations.
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) (ii)). The procedure for requesting approval of an unlIsted classltication and rate (conformance) z
',veil as a "pdt" copy of the form (SF Fonn 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. Electromc submissions should be sent to 09WeatherizationSurvev@dol.l!ov. Facsimile
submissions should be sent to (202) 693-1432. ~failed forms should be sent to the address listed in Block 1 of the SF Furm 1444. Any SF Form 14-+
subnutted for weatherization projects should be marked as being for weatherization projects and the project deCision being llsed for the project should
JIso be submJtted with t,1e SF Form 1'+44.
"
..,
~ ~O(j9-FL-OO 1
:3SUC Date: 12/11/2009
D 03'0"'010
i::\\p. :lte: I ",1_
Weatherization Survey Wage Determination Existing Residential Wage Determination
IS2009-FL.001 ) (www,wdol.gov)
_m
Carpenter Plumber
I ExcL.des 'Nark
\Excludes Door & Electrician 3ssoc.aied with
Doors & HV AC, Furnace, Heating & Nindow i. Excludes eiectr cal work I HVAC i~staj!ation,
Counties Weatherization I Windows I Cooling Repair, Installation, ,~eplacement. and , associated 'Nltn HVAC 'epa:r or overhaul
Worker Replacement Replacement Worker 'AorK listed as I insta:laticn, overhaul, ard ard WOrK listed as
Worker .:e1ormed by , work listed as performed
Neathenzatron . by weatherization 'Ncrker) perforrred by
worker r weatherizaticn
I worker)
~Iachua I $14.00 ' 514.00 i $20.00 $12.15 $11.47 $11.61
: i
, Saker $14.00 : $14.00 i $20.00 $20. CO $11.79 ' $26.19+9.55
Bay i $20.00 $20.00 i 17.94+2,58 $12.00 . $10.46 1$13.53 r
I I I I
i i
, Bradford 513.00 i $13.00 I $17.94+2.58 $11.90 1$10.89 I 513.00 .
!
I
. Brevard $17,73 I $17.73 I 521.07 $13.46+0.54 $12,66 $13.54 1
I
I Broward $12,00+4.17 $15.00+4.54 $28.00+4.31 $21.17+0.86 I $27.46+ 12.5%+5.00 ! $25.00+1.17
I
! I
i Calhoun $10.00 $14.57 $17.94+2.58 $11.90 $10.89 : $13,00 !
I I I
i
I Charlotte $16.00 .$16.00 i $21.00 $13,66+2,67 $13.15 i $13.45
I I
CitruS $10.00+0.27 $10.00+0.27 ! $17.94+2.58 $11.05 $10.82 1$13.00 !
! I
I Clay I $14.00 1$14,00 : $20.00 $14,14 $11. 79 i $26,19+9.55 ,
,
I i i
C.::llier · $16,00 1$16.00 $21.00 $13.66+2,67 1$13.15 i $13.45
i I ;
Columbia $13.00 1$13.00 ' $17.94+2,58 $11.90 i $10.89 i $13.00
I 1 I
I
Ce Soto $13.00 I $13.00 . $17.94+2.58 $15.83 . $10.80 : $13,23
I
,
D!xe
$13,00
: $13.00
. $17.94+2.58
$11.90
$10.89
513.00
,)
"r .
S :009- FL-OO 1
:ssue Date: 12/1[;2009
:xp. D:1Ce: 03/05/20 1O
~ --.. --------- '. _. ..u_________ -----._- .- - --- --'-~~------ . .~ - . .- - ._-----.
Weatherization Survey Wage Determination Existing Residential Wage Determination
(S2009-FL.001 ) (\vww,wdol.Qovl
Doors & ~ HVA.cJ-fumace.-HeatinQ-&
Weatherization Windows carpenfer ElectrIcian' Plumber'
Counties i I Cooling Repair, Installation,
Worker Replacement (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
,
Ju~al 8: 6.69+3.25 i $19.92+3.37 . S20.00 $; 4.63 $12.49 526,19+9.55
Escamsia . S20,00 520.00 817,94+2.58 512,95 513.70 $'3.24
F'ag;er $13,00 $13.00 S17.94+2.58 S13,93 S10.89 S' 3.00
. ,
Franklin $14.00 . $14.00 ! S17.94+2.58 511.90 . $10.89 $'3.00
i
Gadsden I $20.00 , $20.00 ! 517.94+2.58 513,53 511.54 $13.53
I I
I ;
Gilchrist $14.00 r $14.00 I 520,00 S12,15 511.47 . 511.61
i ; i
Glades $13.00 ! $13.00 ! $17.94+2.58 515,83 i S10.80 i $13.23 ,
I I i
Gulf $14.00 1$14.00 ! $17,94+2.58 511.90 S10.89 : $13.00
I i i
Hamilton $13.00 I $13.00 $17,94+2.58 511.90 510,89 ! $13.00 ,
Haraee I $13.00 i $13.00 i $17.94+2.58 $15,83 S10.80 ! $13.23
I I I I
; I
, Hendry 1$13.00 $13,00 T $17.94+2.58 515,83 $10.80 I $13,23
I
, I i
: Hernando $10.00+0.27 $10.00+0.27 ! $12.00+0.65 $12.97+1.97 i $11.98 ; $12.97
I I
: ,
' Highlands $13.00 I $13.00 , $17.94+2.58 $15.83 ! $10.80 ' $1123 l
I i i
I HiI!sborough I $12.00 i $18.00 ; $21.00 $15,00 i $12.54 . $12.37
: i i
i Ho.mes 1$10.00 ! $14.57 i $17.94+2.58 $11.90 $10.89 ~13.00
: . I
ndian River I $12.00+4.17 S15.CO+4.54 $21.07 $15.00 $12.23 $1404
r ,
.
,. Jackson . $:0.00 $14.57 $17.94+2.58 $11.90 $10.89 3' 3.00
i ,
.;e~erson 3' 4.CO 314.:0 . $17,94...2.58 S13.53 $! ;.54 313.53
..,
, " .
S:OG9-FL-OOI
~ss\le Date: 121 III 2009
2m Date: 03105/20 I 0
-------- _._._~- ~- "--.-.--- . -. ----.-. - -- - -,. . ---- ". . ."--. - ~- -
''veatherization SUlvey Wage Determination Existing Residential Wage Determination
I S2009-FL.OO1) (wwW.WdoI.ClOV)
Doors & - - - - - - ---
Weatherizatlon . Windows .uHV AC, Furnace, Heating & Carpenter" Electrician" Plumber'
Counties Worker Replacement Cooling Repair, Installation. (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
La:ayerte i 513.00 $13.00 , $17.94+2,58 $11.90 3'0.89 3~ 3.00
LaKe S 15.00+ 1.30 ' 515,00+1.30 ! 520.00 $11.96 S~1.38 5 ~ 5,04
i
Lee 516,00 '516.00 S21.oo $14,C9 i 3' 4.i5 ,5'4.25
I
!
Leon 514,00 i $14,00 317,94+2.58 $13.53 $11,54 S ~ 3.53
,
Levy 1$13.00 1$13,00 $17,94+2.58 $11. 90 $10.89 513.00
, !
libeny I $14,00 I $14.00 i $17,94+2.58 $11.90 ' $10,89 i $13,00 I
I i
I ! 1 ! i
Madison 1$13.00 $13.00 i $17.94+2.58 $11. 90 I $10.89 1$13.00
I i ,
i
Manatee 1$16,00 $16,00 ! 821,00 515.00 1$13.15 i $13.15
I I i
I
MaIlon I $14,00 $14.00 I 520.00 512.86 I $11.47 i $26.19+9.55 i
, i
Martin $12,00+4.17 $15,00+4.54 $28,00+4,31 $14.89 $27.46+ 12.5%+5.00 I $25.00+ 1,17 :
I
,
· Miami-Oade $12.95 $23.67+9.39 $28.00+4.31 512,51 $28.61 +8.60 I .~25.00+ 1.17
I
, i 526,15+8.33 i
i
, ! , 'Over $2M :
, , ,
; i ! .. Cnder $2M
, ,
: Monroe i $13.00 -J $13,00 ! $17.94+2,58 $15.83 , $10.80 . $13,23
! I
, Nassau : $16.69+3,25 $19.92+3,37 $20.00 $14.14 $11.79 i 326.19+9,55
Okalcosa I $20,00 ! 320,00 $1794+2.58 $13.53 $11.54 S13.53
i
i Okeechobea r $13.CO S' 3.00 I $1794+2.58 $~ 583 $10,30 513.23
Cra;ge 511.:0 S. i ,~o 520.00 $1 '851"3.29 51 ';8 3~5.~4
Cs;eca $'2.8'+')9 514.:0 ". ~,GC~O,27 '.,,~ 294 ;"",.. '""'8 ....... ,"t
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,- " >
S 2009-FL-OO 1
lssue Date: llilli2009
D O~ 0"'010
expo · ate: -/ ;/.
'Neatherization Survey Wage Determination Existing Residential Wage Determination
I S200g.FL.OO1) (www,wdol,gov)
Doors & HV ACt Furnace, Heating &
Counti~s Weatherization i Windows CooIing-Repair, Installation, c. m. . .CMP-l!l'!tj/'t _m m Electrician" ---- _m --~w
- - Wo-rker i~epfacemenlm (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
Palm Beach $12.00+4.17 ' $15.00+4.54 $28.00+4.31 $14.45 · 527.46+ 12,5%..5,00 ' S25.00..1.17
f'3SCO $10,00-0.27 $10,00...J.27 $12. JOtO,65 $12.16 $' 1.98 : $~2.97
;:)' I $12.00 $18.00 $21,J0 $11.67+2.25 511.98 $12.97
' ,re,.as I
I r
,:Io:k $12.00 $18,00 520.00 $11.37 , $12.66 $13.22
t
: Putnam $13.00 ' $13.00 517.94+2,58 $13.29 I $10.89 , $13.00
. I
I Saint Johns I $15.20+3.05 I $16.25+3.02 $16.00tO.48 $12.17 : $11.79 I $14.80 ,
I I
i I I i
I Saint Lucie 1$12.00+4.17 I $15,00+4.54 $28,00+4.31 $14.89 $27.46+ 12.5%+5,00 $25.00+ 1. 17 I
i
I I I
I Santa Rosa $20.00 I $20,00 $17.94+2,58 $12.95 $13.70 $13.24 I
I !
i Sarasota $16.00 $16.00 $21,00 $16.10 $13.15 I $12.43 I
i
I Seminole $11.60 $20,00 $20.00 $12.09+2.95 $11.98 1$15.04 I
: I
i Sumter I $10,00+0.27 I $10.00+0.27 $17.94+2.58 $11.90 $10,89 1$13.00 r
,
I Suwanre ! $13,00 $13.00 $17,94+2,58 $11.90 $10.89 $13.00 I
I Taylor I $13.00 1$13.00 $17,94+2.58 $11,90 $10.89 $13.00 I
I I
I I
I U:1lon · $13.00 ! $13.00 $17.94+2,58 $11.90 1$10.89 : $13.00
I i i
i VOl usia . $15.00+0.29 ' $15,OC+0.29 $21.07 $12.97 i $12.66 I $11.37
, i I i
! 'Nakulla $14.00 $14.00 I $17.94+2.58 $13.53 i $11.54 $13.53
I :
I 'Na,ton $10.00 $14.57 . $17.94+2.58 $11.90 1$10,89 $13.00
I ,
I
Nashington S10.00 . $14,57 $17,94+2.58 $11.90 ! $'0.89 $13.00
~ "1
'- 'Y'
ATTACH~IE~T K
RI<.:UPIK'I;T~FOR~rATIOX F-OR.\I
Please complete all information applicable to your organization.
1. Recipient's full legal name:
,A C\ (\ '-,"".;;) I'" 0 t '(' '
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" The warrant will be mailed to the Recipient's address unless otherwise indicated:
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City ~~ tv lj\Je 'S+ ("I Zip Code: 3304 r)
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Telephone: <3C.:f- )...,9'1. - 3S5D FAX~umber: ,JuS -J.?r5- 3fofoD
3. Street Address (if different from above):
J)I''(\~___
4. Chief Elected Official:
: 'Il vi~ j\Jt!AfD hi ('t A \/0 K
I~ame) r ; (Title)
E-mail address: bOGCd is 5t ("'On roe-c.OU./lty-H.FAX Number: '305 - 453- S 789
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5. Executive Director: .J
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("'ame) {
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'==LC\d\,~X\J CO:::) .Y1 Cf.ctor
(Title)
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E-mail address: .j' ~j,~Q n -5 l't:..f'j ',,,-,, 1',10 '('.fur:' ( Cl).i\.~j FAX ~umber:
~l {'4., l;'-{
6. WAP Coordinator:J
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('\ame)
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- agency designation)
T dcphone:
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
4-21-2010
Division: _County Administrator
Bulk Item: Yes X No
Department: Social Services/In-Home Services_
Staff Contact Person/Phone #: Sheryl GrahamlX451 0
AGENDA ITEM WORDING: Approval of Amendment 002 to the Community Care for Disabled
Adults (CCDA) Contract #KG-061 (1/1/09 - 6/30/10) between the Florida Department of Children &
Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services).
ITEM BACKGROUND: Approval of this amendment will add verbiage to Page 24, Attachment I,
Section D. Special Provisions, paragraph 7 to state that Monroe County will support CCDA Deaf or
Hard-of-Hearing clients in compliance with section 504 of the Rehabilitation Act of 1973, 29 US.c.
794 and the Americans with Disabilities Act of 1990,42 US.C. 12131, as implemented by 28 C.F.R.
Part 35.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment #0001 to The
Community Care for Disabled Adults (CCDA) Contract #KG-061 on June 17,2009.
CONTRACT/AGREEMENT CHANGES: This amendment will add the verbiage that Monroe
County will assist in additional services in accordance with section 504 of the Rehabilitation Act of
1973, 29 US.C. 794 and the Americans with Disabilities Act of 1990, 42 D.S.C. 12131, as
implemented by 28 C.F.R. Part 35 at no cost to the CCDA clients
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $81,733.00
INDIRECT COST: -0- BUDGETED: Yes _No
COST TO COUNTY: $9.081.00 required In-Kind Match SOURCE OF FUNDS: Ad Valorem Taxes
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Ally ~~ng ~Risk Management _X_
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dept. of Children & Families Contract # Amendment
#002 for Contract
#KG-06l
Effective Date: Jtme 30, 2009
Expiration Date: Jtme 30, 2010
Contract Purpose/Description: Approval of Amendment #002 to Community Care for Disabled Adults (CCDA)
Contract #KG06l to add the verbiage to Page 24, Attachment 1, Section D, special provisions, paragraph 7 to aid
in services to Dear or Hard-of-Hearing CCDA clients at no cost to them.
Contract Manager:
Sheryl Graham
(Name)
For BOCC meeting on 4/21/2010
4510
(Ext. )
Social Services/Stop 1
(Department/Stop #)
Agenda Deadline:
4/6/2010
CONTRACT COSTS
Total Dollar Value of Contract: $90,814.00
Budgeted? Yes X No Account Codes:
Grant: $8 1,733.00 (Fiscal Year)
County Match: $9,081.00 (Required In-Kind Match)
Estimated Ongoing Costs: $
(Not included in dollar value above)
Division Director
Date In
'-1/&//0
~~(o~(O
~{ t9 ( I c)
t;/sJ/O
Risk Management
O~./PurchaSing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Current Year Portion: $
125 -6153709
/yr
ADDITIONAL COSTS
For:
(eg. Maintenance, utilities, ianitorial, salaries, etc)
CONTRACT REVIEW
Changes
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Yes No
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Date Out
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"Contract #KG061
Amendment #0002
Date: 03/01/2010
. ~
THIS AMENDMENT, entered into between the State of Florida, Department of Children and
Families, hereinafter referred to as the "department" and Monroe County, hereinafter referred to
as the "provider," amends Contract #KG061.
Page 24, Attachment I, Section D. Special Provisions, paragraph 7, is hereby added to read:
7. Support to the Deaf or Hard-of-Hearing
a. The provider and its partners, subcontractors, and agents shall comply with
section 504 of the Rehabilitation Act of 1973,29 D.S.C. 794, as implemented by
45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the Americans with
Disabilities Act of 1990,42 D.S.C. 12131, as implemented by 28 C.F.R. Part 35
(hereinafter referred to as ADA).
b. The provider shall, if the provider or any of its partners, subcontractors, or
agents employs 15 or more employees, designate a Sing1e-Point-of-Contact (one
per firm) to ensure effective communication with deaf or hard-of-hearing
customers or companions in accordance with Section 504 and the ADA. The
name and contact information for the provider's Single-Point-of-Contact shall be
furnished to the department's Contract Manager within 14 calendar days of the
effective date of this requirement.
c. The provider shall, within 30 days of the effective date of this requirement,
contractually require that its partners, subcontractors and agents comply with
section 504 and the ADA. A Single-Point-of-Contact shall be required for each
partner, subcontractor or agent that employs 15 or more employees. This Single-
Point-of-Contact will ensure effective communication with deaf or hard-of-
hearing customers or companions in accordance with Section 504 and the ADA
and coordinate activities and reports with the provider's Single-Point-of-Contact.
d. The Single-Point-of-Contact shall ensure that employees are aware of the
requirements, roles & responsibilities, and contact points associated compliance
with Section 504 and the ADA. Further, employees of providers, its partners,
subcontractors, and agents with 15 or more employees shall attest in writing that
they are familiar with the requirements of Section 504 and the ADA. This
attestation shall be maintained in the employee's personnel file.
e. The provider's Single-Point-of-Contact will ensure that conspicuous Notices
which provide information about the availability of appropriate auxiliary aids
and services at no-cost to the deaf or hard-of-hearing customers or companions
are posted near where people enter or are admitted within the agent locations.
Such Notices must be posted immediately, but not later than March 12, 2010,
with respect to current providers (partners, subcontractors, and agents). The
approved Notice can be downloaded through the Internet at:
http://www.dcf.state.fl.us/admin/ig/ civilri gh ts. shtml.
, 'Contract #KG061
Amendment #0002
Date: 03/0112010
..-
f. The provider and its partners, subcontractors, and agents shall document the
customer's or companion's preferred method of communication and any
requested auxiliary aids/services provided in the customer's record.
Documentation, with supporting justification, must also be made if any request
was not honored. The provider shall submit Compliance Reports monthly, not
--later than the 15th day of each month, to the department's Contract Manager. The
provider shall distribute Customer Feedback forms to customers or companions,
and provide assistance in completing the forms as requested by the customer or
compamon.
g. If customers or companions are referred to other agencies, the provider must
ensure that the receiving agency is notified of the customer's or companion's
preferred method of communication and any auxiliary aids/service needs.
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 two (2) page amendment to be
executed by their officials thereunto duly authorized.
PROVIDER:
MONROE COUNTY
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED
BY:
SIGNED
BY:
NAME: Sylvia Murphy
NAME: Gilda Ferradaz
TITLE: Mayor
TITLE: Circuit Administrator
DATE:
DATE:
FEDERAL ID NUMBER: 59-600749
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Date
2
Contract #KG061
Amendment #000 1
Date: June 30, 2009
THIS AMENDMENT, entered into between the State of Florida, Department of Children
and Families, hereinafter referred to as the Oepartmenf' and Monroe County (In Home
Services), hereinafter referred to as the "Provider," amends Contract # KG061.
1. Pages 1-7, Standard Contract, dated 0212008, are hereby deleted In their
entirety and Pages 1-7, Standard Contract, dated 0412009, are Inserted In
lieu thereof and attached hereto.
2. Pages 38-40, Attachment II, dated 03/2008, are hereby deleted in their
entirety and Pages 38-40, Revised Attachment II, dated 04/01/2009, are
inserted In lieu thereof and attached hereto.
This amendment shall begin on June 30. 2009 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 eleven page amendment
to be executed by their officials thereunto duly authorized.
PROVIDER: MONROE COUNTY
STATE OF FLORIDA DEPARTMENT
OF CHILDREN AND FAMILIES
SIGNED BY:
SIGNED BY:
NAME: George R. Nugent
NAME: Gilda P. Ferradaz
TITLE: Monroe County Mayor
TITLE: Circuit Administrator
DATE:
DATE:
FEDERAL '0 NUMBER: 59-6000749
M9r OE COUN.TY~T:Jl.NEY C)
p'PR VEO 71t~
p DRO--'J. MERCA8t}u-
ASSISTMJ~=ou~aY ATTORNEY '( 1(1 ! ';'.
Date /0 .
Revised 5-24-07
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Contl'llct No. KG061
CFDA No.
Client /if Non-cllent 0
Multl-Olstrfct 0
flORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT
THIS CONTRACT Is entered Into betwet\n the Florida Department of ChlJdren and Families, hereinafter refefTeG to as the "department" and
Monroe Coun In Home Services
hereinafter ref&rred to as the "provider".
I. THE PROVIDER AGREES:
A. Contract Document
To provide servfces in accordance with the terms and condlUons specified in this contract Including all attachments and exhibits, which constitute the
contract document.
B. Requll'llmentll of Section 287.058. Florida Statut.., (F.B.)
The provider shan provide units of dellverables, including reports, flndlngs, and drafts, as specHIed In this contract. These deliverebles must be
received anq accepted by the contract manager In wrillng prior to payment. The provider shall submit bills for fees or other compensatJon for services or
expenses in sutllclent detalJ for proper pre-audit and post-audit; where itemiZed payment for travel expenses are permllted In this contract, submit bills
for any travel expenses In accordance with section 112.061, F.S., or at such lower rates as may be provided In thIs contract. To allow public access to
all documents, papers, letters, or other public records as defined In subsection 119.011(12), F.S. and as prescribed by SUbsection 119.07(1) F,S., made
or received by the provider In conjunction with this contract except that public records which are made confidential by law must be projected from
dlsdosUt8. It Is expressly understood that the provider's failure to comply with this provision shall constitute an Immediate breach of contract for whlch
the department may unilaterally terminate the contract.
C. Govemlng Law
1. State of Florkfa Law
'..:.'-.\'
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This contract Is executed and entered Into In the State of Florida, and shall be construed, performed and enforced In aU respects in accordance with
the Florida law Including Florlda provisions for conlllct of laws.
2. Federal Law
a. If thIs contract contains federat funds, the provfder shall comply with the provisions of 45 Code of Federal Regulations (CFR), Part 74, and/or 45
CFR, Part 92, and other applicable regula lions.
b. If this contract con1alns federal funds and Is over $100,000, the provider shaD comply with all applicable standards, orders, or regulations ISSUed
under section 306 of the Clean AJr Act, as amended (42 United States Code (U.S,C.) 7401 et seq.), section 508 of the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency
regulations (40 CFR, Part 30). The provfder shall report any violations of the above to the department.
c. No federal funds received In connection with this contract may be used by the provider, or agent acting for the provider, or subcontractor to
influence legislation or appropriations pending before the Congress or any State legislatUre. " this contract contains federal funding In excess of
$100,000, the provfder must, prior to contract execution, complete the Certlflcatlon Regarding Lobbying form, Attachment N/A . If a Dlsdosure of
Lobbying Activities form, Standard Form LLL, Is required, it may be obtained from the contract manager, All dlsdosUt8 forms as required by the
Certlflcation Regarding Lobbying form must be COmpleted and returned to the contract manager, prior to payment under this contract.
d. Unauthorized allens shall not be employed. The department shall consider the employment of unauthorized aliens a vio/stlon of section 274A(e)
of the Immigration and Natlonalily Act (8 U.S.C. 1324 a) and section 101 of the Immigration Reform and Control Act of 1986. SUCh violation shall be
cause for unilateral canceflatJon of this contract by the department.
e. If this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity,
as amended by ExeaJttve Order 11375 and others, and as supplemented In Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if
applicable.
f. If this contract contains federal funds and provides servfces to children up to age 18, the provider shall comply with the Pro-Ghildren Act of 1994
(20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the Imposition of a civil monetary penalty of up to $1,000 for each
violation and/or the imposition of an adminlstratlve compliance order on the responsible entity,
D. Audltll, Inspections, Investigations, Records and Retention
1. The provider shall establish and maintain books, reCords and documents (including electronic storage media) suffiaent to reffect an income
and expenditures of funds provided by the department under this contract
2. Retention of all dlent reCOrds, financial records, supporting documents, statistical records, and any other documents (induding electronic
storage media) pertinent to this contract shall be maintained by the provider for a period of six (6) years afler completion of the contract or ionger when
required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is
issued or untJI resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the departmenl.
3. Upon demand, at no additional cost to the department, the provider will faalltate the duplication and transfer of any records or documents
during the required retention period in Section I, Paragraph D. 2.
4. These records shall be made available at all reasonable times for inspection. review, copying, or audit by Federal, State, or other personnel
duly authOrized by the department.
::F StaMaro Contact il-412Cll9
Contract' KG061
)
)
5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and Federal auditors, pursuant to 45
CFR, secllon 92.36(1)(10), shall be allOwed full access to and the right to examine any of the provider's contracts and related records and documents,
regardless of the form in which kept.
6. A financial and compliance audit shall be Provided to the department as specified in this contract and in Attachment f/ and to ensure
that all related party transactions are disclosed to the auditor.
7. The provider shall comply and COoperate immediately With any inspecllons, reviews, Investigations, or audits deemed necessary by The Office
of the Inspector General (section 20.055, F.S.).
E. Monitoring by the Department
The provider shall permit all persons who are duly authorized by the department to inspect and copy any records, papers, documents, facllltles,
goods and services of the provider whIch are relevant to this contract, and to Interview any clients, employees and subcontractor employees of the
provider to assure the department of the satisfactory performance of the terms and conditions of this contract. FollOWing such review, the department
will deliver to the prOvider a written report of Ita findings and request for development, by the provider of a corrective actIon plan where appropriate. The
provider hereby agrees to timely correct all deficlencles identified In the corrective action plan.
F. Indemnification
1. Except to the extent permitted by sectlon 768.28, F.S. or other Florida law, Paragraph F, is not applicable to contracts executed be1ween the
department and state agencies or subdivisions defined In Subsection 768.28(2), F.S.
2. To the extent permitted by Florida Law, the provider shall Indemnify, save, defend, and hold the department harmless from any and all claims,
demands, actions, causes of action of whatever nature or character, arisIng out of or by reason of the execution of this agreement or performance of Ihe
services provided for hereIn. It Is understood and agreed that the provider Is not requfred to Indemnify the department for claims, demands, actions or
causes of action arislng solely out of the department's negligence.
G. In.ul'lInce
Continuous adequate liability Insurance coverage shall be maintaIned by the provider during the existence of this contract and any renewal(s) and
extension(s) of II. By execution of this contract, unless it is a state agency or subdivisIon as defined by subsection 768.28(2), F.S., the provider accepts
full rasponslblllty for identifying and determining the type(s) and extent of liability Insurance necessary to provide reasonable financial protections for the
provider and the c/lents to be served under this contract. The limits of coverage under each policy maintained by the provider do not limit the provider's
liability and obligations under this contract. Upon the execution of this contract, the provider shall fumish 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 specifled In this contract.
H. Confidentiality of Client Infomallon
The provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or
federal law or regulations except with the wrft1en consent of a person legally authorized to give that consent or when authorized by law.
I. Assignments and Subcontracts
1. The provider shall neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under
this contract without prior written approval of the department whlcll shan not be unreasonably withheld. Any sublicense, assignment, or transfer
otherwise OCQmfng without prior approval of the department shall be null and void.
2. The provider Is responsible for an work performed and for all commodiUes produCed pursuanl to thIs contract whether actually fumlshed by the
provider or Its subcontractors. Any subcontracts shall be evidenced by a written dOcument. The provider further agrees that the department shall not be
liable to the subcontractor In any way or for any reason. The provider, at its expense, will defend the department agaInst such dalms.
3. The provider shall make payments to any subcontractor wIthin seven (7) worfdng days after receipt of full or partial payments from the
department in accordance With sedlon 287.0585, F.S., unless otherwise stated In the contract between the provider and subcontractor. Failure to pay
within seven (1) workIng days Will result In a penalty that shall be charged against the provider and paid by the provider to the subcontractor in the
amount of one-half of one percent (.005) of the amount due per day from the expiration of the period allOwed for payment. Such penalty shall be In
addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstandIng balance due.
4. The State of Florida shall at all times be enlitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to
another govern menial agency In the State of FlOrida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer
of the prOVider's obligations, the provider remains responsIble for all work performed and all expenses incurred in connection with the contract. This
contract shall remain binding upon the successors In Interest of either the provider or the department.
J. Return of Fund.
The provider shall return to the department any overpayments due to uneamed funds or funds disaltowed and any Interest attributable to such
funds pursuant to the terms and condItIons of this contract that were disbursed to the provider by the department. In the event that the provider or its
independent aUditor dIscovers that an overpayment has been made, the provider shall repay said overpayment immediately without prior notillcation
from the department In the event that the departmenl first discovers an overpayment has been made, the contract manager, on behalf of the
department, Will notify the provider by letter of such findings. Should repaYment not be made fOrfflwith. the provider will be charged atlhe lawful rate of
interest on the outstanding balance after department notification or provider discovery.
CF SlMldard Contlct '~12a:i9
2
Contract, KG061
)
K. Client RI.k Prevention and IncIdent Reporting
1. tf services to clients are to be Provided under this contract, the provider and any subcontractors shall, In aCCOrdance with the client risk
prevention system, report those reportable situations listed In CFOP 215-6 in the manner prescribed In CFOP 215-6 or circuit or region operating
procedures.
2. The provider shall Immedlafely report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or
disabled adult to the Florida Abuse Hotline on the statewIde toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S.,
this provision Is binding upon both the provider and its employees.
L Purch.,'ng
1. Artlcles which are the subject of or are required to carry out this contract shaR be purchaSed from Prison Rehabilitative Industrtes and
Diversified Enterprises, Inc., (PRIDE) Identl1led under Chapter 946, F.S., In the same manner and under the proCedUres set forth In subsections
946.515(2) and (4), F.S. For purposes of this contract, the provider shall be deemed to be substituted for the department Insofar as dealings wllh
PRIDE. This dause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of produdslservlces available from PRIDE
may be obtained by contacting PRIDE, (800) 643-8459.
2. The provider shall prOCUre any recyded products or materials, whIch are the subject of or are required to carry out this contract, In accordance
with the proviSions of sections 403.7065, and 287.045, F.S.
M. Civil RIghts Requirements
1. In aCCOrdance with TIlle VII of the Civil Right!: Act of 1964, the Americans wllh Disabilities Act of 1990, or the Florida CMI RIghts Act of
1992. as applicable the provider shall not diScriminate against any employee (or applicant for employment) In the performance of thJs contract
because of race, color, religion, sex, national origin, dlsablHty, age, or marital status. Further, the provider agrees not to discriminate against any
applicant/dlent or employee In service delivery or bene1lts In connecllon with any of its programs and actiVitIes In accordance with 45 CFR 80, 83,
84, 90, and 91, ntle VI of the Civil Rights Act of 1964, or the Florida CMI Rights Act of 1992, as applicable and CFOP 60-16. These requirements
shall apply to all contractors, Subcontractors, subgrantees or others wllh whom It arranges to prOvide services or benefits to clients or employees
in connectlon with Its programs and activities.
2. Complete the Civil Rights Compliance Checklist, CF Form 946 In accordance with CFOP 60-16 and 45 CFR 80. This Is required of all
providers that have Iifleen (15) or more employees.
3. Subcontractors who are on the discriminatory vendor list may not transact buS/ness with any pUblic entity, In aCCOrdance with the
provisions of 287. 134, F.S,
N. Independent Capacity of the Contractor
1. Act in the capacity of an Independent contractor and not as an officer, employee of the State of Florida, except where the provider Is a state
agency. Neither the provider nor its agents, employees, Subcontractors or assignees shall represent to others that It has the authortty to bind the
department unless specifically authoriZed In wrll/ng to do so.
2. ThIs contract does not create any rfghtto state rel/remenl, leave benefits or any other bene1lts of state employees as a result of performing the
dulles or obligations of this contract.
3. The provider shalt take such actions as may be necessary to ensure that each subcontrac1or of the provider will be deemed to be an
independent contractor and will not be considered or permilled to be an agent, servant, Joint venturer, or partner of the State of Florida.
4. The department will not fumish services of support (e.g., office space, office SUpplies, telephone service, secretarial or clerical support) to the
prOvider, or its subcontrac1or or assignee, unless specffically agreed to by the department In this contract. .
.. All d"",,,,,,, I" ...., .."."". w,",hoId'... ,...... ,,,'''''' ,...... """"""'," '" "",m~__I "'mpe..."", ."'" "'" ., """'".~
insurance for the provider, the provider's oft/cers, employees, agents, Subcontractors, or assignees shall be the sole responsibility of the provider.
O. Sponlorahlp
... ..,.." " ,,- '86.25. F.S" .... ,,,,"",,, ,. · 'ooil'''''''''''''''' '~'"""n which .."'",,, . "'""..m 5n..", ....., "'. ,"" "
,,,.. ""'. ,,""".... "" "". ,~.." ''''''",h 'h' ",pe", 5 m.'. . ,""""",,. .d....".... '" "'_... ~. .,..,.""", of... "'''''''m "...,
.s,..,...... b, C,"''''''''' n""'l .nd ~. S".. of Florid.. O""'m",, of Ch...., "" F.ml'.... ,,~. 'P<>''''"hlp m'"",,,, " . _, m."',1. ~.
words 'State of Florida, Department of Children and Families" shall appear in at least lhe same size letters or type as the name of the organization.
P. Publicity
)
"""'''' IIm'"oo. "" """"" 'nd 5, .m'.'.... """. ,"d ..,"..,,,"'" will "". wi."", """ """1m""i _.n ""'''"' . ..'" '""","" ,
~ '" -....,. '""'dIy ''''l''~'' prom"'n" ""...." '"' .",. m.~. ... n"", ,'~. S",.', m.~. !he ",m. "~. "'.. " ."" 51... ......
or any officer or employee of the State, or represent, dlredly or Indirec1Iy, that any product or service provided by the provider has been approved or
'ndo"" b, ... S,.... '" """ '" ~. .~""',, """ ""'.." In '"'' ",....,. ,,',"""," '" m"".. """.,,, " II,. "''''d'', ,"',_
customers.
Q. Flna'lnvo/cl
Tho 'n" 1''''1" ,,, ",m.., "'''' b. ..bml", "'~. d',,,'m,,, " "'" ~'" ..1L d." ."" 'h. "",,,ct 'nd, " I, "001,,,,, If., pro"d"
I.., to do 00. .Ii righ. " ,.,~", ... "".." 'nd ~, d""",,,,, w'" '01"",,, '"' "'Il""" ..b""" .""~. ....... lime "",,, Any ",m."
'"' "",,, ''''' '- "lhl, ",,,ct m., .. -i1hh." ~"' '" ","", d", ''''' th. """" ,"d _'..~ 'd~"m",,, """". h", b,,, .""'",, b,
the department.
,:F St.!l1Card Contact 0412009
Contract f/; KG061
)
R. U.. of FUnds fOf' LObbying ProhlblWd
The provider shall comply wtth the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose
of lobbying the Legislature, jUdlclal branch, or a state agency.
S. Public Entity Crime
Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact
business with the department. VIhlen a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime,
he/she may not submit a bid, propoSal, or reply on a contract to prOvfde any goods or services 10 a publiC entity; may not submit a bid, proposal, or reply
on a contract wtth a public entity for the construction or the repair of a public bUilding or public wort; may not submit bids, proposals, or replies on leases
of real property to a public entity; may not be awarded or perform wort as a contractor, supplier, subcontractor, or consultant under a contract wtth any
public entity; and may not transact business with any public entity In excess of the threshold amount provided In section 287.017, F.S., for CATEGORY
1V'.() for a period of thlrty-slx (36) months from the date of being placed on the convicted vendor list.
T. Gratu/tl..
The provider agrees that It will not offer to give or give any gift to any department employee. As part of the consideration for this contract, the
parties Intend that this provision Will survive the contract for a period of two years. In addition to any other remedlas avai/able to the department, any
violation of this provision win result In referral of the provider's name and description of the violation of this tenn to the Department of Management
Services for the potential Inclusion of the provider's name on the Suspended vendors Ust for an appropriate period. The provider wUl ensure that Its
subcontractors, If any, comply with these provisions.
U. Patents, COPYrlghta, and Royaftfu
1. If any discovery or invention arises or Is developed In the course of or as a result of work or services performed under this contract, or In
anyway connected herewith, the provider shall refer the discovery or Invention to the department to be referred to the Department of State to detennlne
whether patent protection will be sought In the name of the State of FlOrida. Any and an patent rights accruing under or In connection With the
performance of this contract are hereby reserved to the State of Florida.
2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State.
Any and all COPyrights accruing under or In connection with perfonnance under this contract are hereby reserved to the Slate of Florida.
3. The prOvider shall prOvide prompt wrttten notification to the department of any claIm of COPyright or patent Infringement arising from the
perfonnance of this contract. The provider may, at Its option and expense, prOOJre for the department. lhe righlto contlnue use of, replace, or modify
the artlcle to render it non-lnfrlnglng. The provider has no liability when such dalm Is solely and exclusively due to the Department of State's alteration of
the article. If not a state agency, as that tenn Is defined In subsection 768.28, F.S., the provider shall, without exception, Indemnify and save harmless
the department and its employees from any liability of any nature or kind whatsoever, InclUding costs and expenses, arising out of any COPyrighted,
patented, or unpatented invention, process, or article manufactured or used by the provider In the perfonnance of this contract. If the provider uses any
design, device, or materials covered by fellers, patent, or COPyright ills mutually agreed and Understood wllhout exceplfon that the compensation paid
pursuant to this contract includes all royallles or costs arising from the use of such design, device, or materials In any way Involved In the wort
contemplated by this contract.
4. All applicable Subcontracts shall Include a provision that the Federal awarding agency reserves all patent rights with respect to any diScovery
or Invenlfon that arises or Is deve/oped In the course of or under the subcontract.
V. Con.wetlon or RenoYlltlon of F.el/It... U.'ng State Fund.
Any state funds prOvided for the purchase of or Improvements to real property are contIngent upon the provider granting to the state a security
interest In the property at least to the amount of the stale funds provided for at least five (5) years from the dale of purchase or the completIon of the
improvements or as further required by law. Aa a condition of recefpt of slale funding for this purpose, the provider agrees that, if it disposes of the
property before the department's Interest Is vacated. the provider will refund the proportionate share of the state's initial Investment, as adjusted by
depredation.
W. Information Security Obligation.
1. An appropriately sid/led IndMdual shall be Identified by the provider to function as its Data SeOJrity Officer. The Date SeCUrity OffIcer shaJl act
as the liaison to the departmenfs seCUrity starr and will maintain an appropriate level of data security for the Information the provider is collecting or
using in the perfonnance of this contract. An appropriate level of S8CUrily Indudes approving and lrac/clng all provider employees that request or have
access to any departmental data system or infonnatlon. The Data SeOJrlty Officer will ensure thai user access to the data system or information has
been removed from all terminated provider employees.
2. The provider shall hold the department harmless from any loss or damage InOJrred by the department as a result of information technology
used. Provided or accessed by the provider.
3. The prOvider shall proVide the latesl departmenlal seCUrity awareness training 10 its' starr and subcontractors who have access to
departmental information.
-~J
y
· All """,, "".y... who h.w .-. '0 ""-. '",o~"," "''I be """'" , <Op> of C'OP 50-2 ",. .." "go" DC'S,,,,,,,,
Agreement form CF 0114 a copy of which may be obtained from the contract manager.
5. The provider shall make every effort to protect and avoid unauthoriZed release of any personal or confidential information by ensuring both
data and storage devices are encrypted as preScribed in CFOP 50-2. If encryption of these devices Is not Possible, then the prOVIder shall assure that
unenaypted personal and confidential departmental data will not be stored on unencrypted storage devices. The proVider shall reqUire the same of all
subcontractors.
CF S!Ml<l6'd COO',tact 0412009
Contract * KG061
.~
6. The provider agrees to notify the contract manager as soon as possible. but no later than five (5) business days following the detenn/nation of
any breach or potential breach of personal and conlldential departmental data. The provider shall reqUire lhe same nottllcatlon requirements of al/
subcontractors.
7. The prolllder shall provide notice to affected parties no later than 45 days following theudet~rm/natlon of anypetentiat-breach-otpeI'$OI1aJ or
confidential departmental data prolllded In s. 817.5681, F.S. The provicter shaD requIre the same notlflcation reqUirements of all Subcontractors.
X. ACCMltatJon
The department Is committed 10 ensuring prolllslon of the highest quality servtces to the pensons we serve. AccordIngly, the department has
expectations that where accreditation Is generally accepted nationwIde as a clear indicator of quality servfce, the majority of our providers will either be
accredited, have a plan to meet national acaedltal/on standards, or will Inll/ate one within a reasonable period of time.
Y. Provider Employment Opportunltl..
1. Agency for Wo/i(force Innovation and WOrkforce Florida
The provider understands lI1at the department. the Agency for Workforce IMol/atlon, and Workforce Florida, Inc., have Jointly Implemented an
initiative to empower redpients In the Temporary Assistance to Needy Families Program to enter and remain In gainful employment The department
encourages prolllder participation with the Agency for WOrkforce Innoval/on and Workforce Florida.
2. Transltion/ng Young Adults
The provider understands the departmenfs Operation Full Employmenl initiative 10 assist young adults aging out of the dependency syslem. The
department encourages provider participation with the local Community-Based Care lead Agency Independent lMng Program to offer gainful
employment to youth In foster care and young adults transltlon/ng from Ihe foster care system.
Z. Health Insurance Portability and Accountability Act
The prolllde shall, where applicable. comply with the Healll1 Insurance Portability and Accountability Act (42 U. S. C. 132Od.) aa well as aU
regUlations promulgated lI1ereunder (45 CFR Parts 160. 162, and 164).
AA. Emergency PrepaMn...
1. If the tasks to be performed pursuant to this contract Include the physical care or supervtsion of clIents, lhe prolllder shall, withIn 30 days of the
execuUon of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions for Pre-ctlsaster records
protection, altematlve accommodations for clients In substitute care, supplles, and a recovery plan that will allow the prolllder to conl/nue functioning In
compliance with the executed contract in the event of an actual emergency. For the purpose of disaster planning, the tenn supervtslon includes the
responsibl/lty of the department, or Its contracted agents to ensure the safety, permanency and well-being of a child who Is under the Jurisdiction of a
dependency court. Children may remain In their homes, be placed In a non-licensed relative/non-relative home, or be placed In a licensed foster care
seltlng.
2. The department agrees to respond In writing within 30 days of receipt of the plan accepting, rejecting, or requesllng modillcatlons. In the event
of an emergency. the department may exercise oversight authority over such provIder In order to assure Implementation of agreed emergency relief
prolllslons.
3. An updated emergency preparedness plan shall be submitted by the prOVIder no 'ater than 12 months following the acceptance of an original
plan or acceptance of an updated plan. The department agrees to respond In writing within 30 days of receipt of the updated plan, accepllng. rejecting.
or requesting modlllcallon to the plan.
BB. PUR (Purchasing) 1000 Form
The PUR 1000 Form Is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Fonn, and any tenns or conditions of
this contract (/ndudlng the department's Standard Contract), the terms or condlllons of this contract shall take precedence over the PUR 1000 Form.
However, if the conflicting lenns or conditions In the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions
contained in the PUR 1000 Fonn shall take precedence.
CC. NotJtJcatlon of legal Act/on
The prOvider shall notify the department of legal actions taken against them or potential actions sucf1 as lawsuits, relaled to servtces provided
through this contract or that may Impact the proVIder's ability to deliver the contractual servtces, or adversely Impact the department. The department's
contract manager will be notified within 10 days of proVIder becoming aware of such actions or from the day of the legal filing, whichever comes first.
II. THE DEPARTMENT AGREES:
)
A. Contract Amount
The department shall pay for contracted services according to the terms and conditions of this contract In an amount not to exceed
NIA or the rate schedule, Subject to the availability of funds. The State of FlOrida's performance and obligation to pay under this contract Is
contingent upon an annual appropriation by the legislature. Any costs or services paid for under any other contract or from any other Source are not
eligible for payment under this contract.
u S~ eo,,~ 00l1200Q
Contract' KG061
)
)
B. Cantract Payment
Pursuant to section 215.422, F.S., the department has five (5) working days to. Inspect and approve goods and services, unless the bid
specfflcatlons, purchase Order, or this contract Specify otherwise. \Nith the exceptlon of payments to health care providers for hospital, medlcat, or other
health care services, If payment Is not available within forty (40) days, measured from the latter of the date a property completed Invoice Is received by
the department or the goOdS or seMces are received, /mpeeted, and approved, a separate Interest penalty set by The Chief Financial Olllcer pursuant
t~seetl<m 55:tl3; F.S:, will De due and payable in addltlon to the Invoice amount Payments to health care providers for hospital, medical, or other health
care services, shall be made not more than thirty-live (35) days from the date eligibility for payment Is determined. Flnandal pena/tles will be calculated
at the daily Interest rate of ,03333%. Invoices returned to a provider due to preparation errors wlf/ result in a non-interest bearing payment delay.
Interest penalties less than one (1) dollar wilt not be paid unless the provider requests payment.
C, Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Flnandal Servlces. The duties of thIs olllce are found In subsection
215.422, F.S., which include dissemlnatlng Infarmatlon relative to the prompt payment of this state and assisting vendors in receiving their payments In a
timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
D. Notice
Any notice that Is required under this contract shall be In writJng, and sent by U.S. Postal SelVtce or any expedIted delivery servlce that provides
verification of deUvery or by hand delivery. Said nollce shall be sent to the representative of the provider responsible for administration of the program,
to the designated address contained In thia contract.
1/1. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A EtfectJve and EndIng Daw.
This contract shall begin on January ,. 2009
whichever is later. It shall end at midnight, local tlme In
, or on the date on which the contract has been signed by the last party requIred to sign It,
Monroe Countv . Florida, on June 30. 2010
B. FInancIal Pena/tlea for Fa"urea to Comply with RequIrement for Corrective Action.
1. tn accordance with the proviSions of Section 402.73(1), F.S., and Section 65-29.001, Florida Administrative Code, corrective actfon plans may
be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement
or to make acceptable progress on such correctfve action plans.
2. The Increments of penalty Imposition that shall apply, unless the department determines Ihat extenuatlng Circumstances exist, sha" be based
upon the severfly of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penally,
if ImpOsed, shan not exceed ten percent (10%) of the total contract payments during the period In which the corrective action plan has not been
Implemented or In whIch acceptable progress toward Implementation has not been made. Noncompliance that Is determined to have a direct etrect an
dient heaith and safely shall result in the Imposition of a len percent (10%) penally of the total contract payments during the periOd In which the
corrective action plan has not been Implemented or in WhIch acceptable progress toward implementatlan has nol been made.
3. Noncompliance InVolving the provision of service not having a direct effect on dlent health and safety shall resullln the Impositlon of a five
percent (5%) penalty. Noncompliance as a result of unacceptable performance of admlnlstraUve tasks shall result In the imposition of a two percent (2%)
penalty .
4. The deadline for payment shall be as stated In~the Order Imposing the finandal penalties. In the event of nonpayment the department may
deduct the amount of the penalty from Invoices submitted by the provider.
C. T.nnlnaijon
1. This contract may be terminated by either party wIthout cause upon no less than thirty (30) calendar days notice in writing to the other party
unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal SaMce or any eXpedited delivery service that
provides verification of delivery or by hand delivery to the contract manager or the representaUve of Ihe provider responsible for administration of the
program.
2. In the event funds for payment pursuant 10 this contract become unavailable, the department may terminate this contract upon no less than
twenty-four (24) hours notice in wrillng to the provider. Said notice shall be sent by U.S. Postal Service or any expedited delivery service that proVides
verification of delivery. The department shall be the final authorlly as to the availability and adequacy of funds. In the event of termination of this
contract, the provider will be compensated for any work Satisfactorily completed.
3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice In Wrlfjng to the provider.
If applicable, the department may employ the default provisions in Rule 60A-l.006(3), Florida Administrative Code. Waiver of breach of any provisions
of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modlllcatlon of the terms and conditions of this
contract. The provisions hereIn do not limit the departmenl's right to remedies at law or In equity.
4. Failure to have performed any contractual obligations With the department In a manner satisfactory to the departmenl will be a sullldent cause
for term/natlon. To be termlnaled as a provider under this provision, the provider must have: (f) previously failed 10 satisfactorily perform in a contract
with the department, been notified by the department of the unsatisfactory performance, and failed to C<lrrect the unsatisfadory performance to the
satisfaction of the department; or (2) had a contract terminated by the department for cause.
D. Renegotiations or MOdIfications
MOdifications of prOVISions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties, The rate of
payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have
been established through the appropriations process and subsequenUy identified in the department's operating budget.
<:F S,"""",,, Contact 0412009
Contract # KG061
.)
;j
/
)
E. Official Payee and Representative. (Nam.., Addresses, Telephone Numbers, and ..mall addresses):
1. The provider name, as shown on page 1 of this contract,
and maUing address of the otnclal payee to whom the payment
shall be made Is:
Name: Sheryl Graham
Address: Monroe County In Home Services
1100 Simonton Street
City: Key West State: FL Zip Code: 33040 Phone: (305) 292-4592
8-mail: 9raham-sheryl@monroecounty_fl.gov
2. The name of the contact person and street address
where financial and administrative reCOrds are maintained Is:
Name: Sheryl Graham
Address: Monroe County In Home Services
1100 Simonton Street
Key West Slate: FL Zip Code: 33040 Phone: (305) 292-4592
City:
e-mail:
graham-Shery!@monroecolHlty_t1.g0V
3, The name, address, telephone number and 8-mail address of the contract
manager for the department for this contract Is:
Name:
Theresa Phelan
Address: Department of Chffdren and Families
1111 12th Street
Key West State: FL lip Code: 33040 Phone: (305) 292-6810
trixte.Jlhelan@dcf.state.#I.us
4. The name, address, telephone number and e-mai of the repr&sentaUve of
the provider responsible for administration of the program under this contract Is:
Name: Sheryl Graham
CIty:
e-mail:
Address:
Monroe Counly In Home Servlcas
1100 SImonton Street
Key West State: FL ZIp Code: 33040 Phone: (305) 292-4592
graham-shel}'f@monroeCOUOIy-n.gOV
City:
e-mail:
5. Upon change of representatives (names, eddresses, telephone numbers and e-mail addresses) by either party, nollce Shall be provided In
wrttlng to the other party and the notlllcatlon attached to the origInals of this contract.
F. All Terms and Condltlona Included
This contract and Its attachments, I, II and exhibits A, B, C, 0 and E 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 contract Shall supersede all previous communlcatlons,
representatlons. or agreements, either verbal or written between the parties. If any term or provision of this contract Is legally determined unlawful or
unenforceable. the remainder of the contract shall remain In full force and effect and such term or prOvision shall be stricken.
By signIng thl. contract, the partl.. agnte that they have read and agree to the entire contract, as described In Paragraph ",. F. above.
IN WITNESS THEREOF, the parties hereto have caused this ~ page contract to be executed by their undersigned oflidals as duly authorized.
,::F S~.afi<ji'1j Contact ,)412(09
Contract #. KG061
)
REVISED A TT ACHMENT II
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-I33 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 defmed by
OMB Circular A-133, 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-I33. 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- I 33, 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-J33. as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions of OMB Circular A-133, as revised. will meet the
requirements of this 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-I33, 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.
Revised 04/01/2009
Revised 38
)
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 financial 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
detennining the stllte financial assistllnce expended during its fiscal year, the recipient shall consider all
sources of stllte financial assistance, including stllte financial assistance received from the Department of
Children & Families, other state agencies, and other nonstllte entities. StlIte financial assistance does not
include Federal direct or pass-through awards and resources received by a nons tate 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 StlItutes. This includes
submission of a financial reporting package as defined by Section 215.97(2), Florida StlItutes, 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 stlltements 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.
)
PART llI: REPORT SUBMISSION
Any reports, management letters, or other information 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 flTst, ~ 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 l2lh Street
Key West. FL 33040
Email address;trixieohelan@dc:fstateJl.us
B. Department of Children & Families ( I electronic copy and management letter. if issued)
Office of the Inspector General
Single Audit Unit
Building 5. Room 237
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
'\
)
Email address: ,in~le JuditG1:ddstJtetllJs
Revised 04/01/2009
Revised 39
I
'....c;
~J
,
'1
}
C. ReQQrtingpackages fer audits condllcledill 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 redpient 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 (t),
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 following address;
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
I I I West Madison Street
Tallahassee, Florida 32399-1450
Email address:flaudgen_.oca.govt@aud.state.fl.us
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 J 0.558(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 terms 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 thaI 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.
Revised 04/01/2009
Revised 40
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
04/21/2010
Division: Community Services
Bulk Item: Yes l No
Department: Social Services
Staff Contact Person: Sheryl Graham x4592
AGENDA ITEM WORDING: Approval of an extension to the term of the Interlocal
Agreement between Monroe County Board of County Commissioners, the City of Key West and
the City of Marathon for the Lower Keys Shuttle Bus Service for a period of five (5) years from
April 6, 2010 to April 5, 2015.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted for this Interlocal
Agreement on March 16th, 2005.
CONTRACT! AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
$50,000
BUDGETED: Yes ~ No
COST TO COUNTY: Up to $50,000 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes l No l AMOUNT PER MONTH_ Year
APPROVED BY: County Ally l~~MB/Pur~Sing ~ Risk Managernenll?
DOCUMENT ATION:
Included X
Not Required_
DISPOSITION:
Revised 8/06
AGENDA ITEM #
"
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contf(lct with: City of Key West, City of
Marathon, Monroe County Board of County
Commissioners
Contract: Interlocal Agreement
Resolution Number
Effective Date: 04/06/2010
Expiration Date: 04/0512015
Contract PurposelDescription:
Approval of an extension of the Interlocal Agreement between Monroe County Board of County
Commissioners, the City of Marathon, and the City of Key West for the Lower Keys Shuttle Bus Service
for a period of five (5) years from April 6, 2010 through April 5, 2015.
4510
(Ext.)
Social Services/Stop 1
(Department/Stop #)
Contract Manager:
Sheryl Graham
(Name)
For BOCC meeting on 04/2112010
Agenda Deadline:
04/06/2010
Total Dollar Value of Contract:
Budgeted? Yes X No
Grant: $0
County Match: $0
Estimated Ongoing Costs: $ 0
(Not included in dollar value above)
Date
III
Division Director
Risk Manage~ent L{r 0; (J
~ (\0 J'-1.'\~ , f
O.M.B.lPurc)fasi~ 4 (, 10
County Attorney 'I/6/1t)
Comments:
CONTRACT COSTS
$50,000
Account Codes:
Current Year Portion: 50,000
-OOL-61525 -_
-
--
- -
---
- -
---
ADDITIONAL COSTS
/yr
For:
(eO'. Maintenance, utilities, ianitorial, salaries, etc)
CONTRACT REVIEW
Changes
Needed fW_w--" '- j
Y(~~~ r:,ZJ~ ..(
Yes -(;) V
~
Yes No
Yes e ~
Date Out
"/
(~
L//~ j/O
4-b- (()
YJiJLo
LJIS-;o
OMB Form Revised 2/27/01 MCP #2
RESOLUTION NO.
- 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, APPROVING AN EXTENSION TO THE
TERM OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
KEY WEST, THE CITY OF MARATHON, AND THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, FOR THE LOWER KEYS
SHUTTLE BUS SERVICE, FOR A PERIOD OF FIVE (5) YEARS FROM
APRIL 6, 2010 THROUGH APRIL 5, 2015; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 6, 2005, the City of Key West ("Key West"), the City of Marathon
(the "City"), and the Monroe County Board of County Commissioners (the "County"), entered
into the Lower Keys Bus Service Interlocal Agreement for the fixed route bus service between the
City of Key West and the City of Marathon (the "Bus Service ILA"); and
WHEREAS, the parties wish to continue the bus service for the benefit of the residents of
the City of Key West, the City of Marathon and Monroe County by extending the Bus Service
ILA for an additional five (5) years;
NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
The above recitals are true and correct and incorporated herein.
Section 2.
The Bus Service ILA between the City of Key West, the City of Marathon
and the Monroe County Board of County Commissioners, a copy of which
is attached hereto, is hereby extended for a period of five (5) years from
April 6, 2010 to AprilS, 2015.
Section 3.
This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board on the 21 st day of April, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
;M~~o(~~6~li~ N~~I'~~Y /
~s~:r~
-r~lILEE[\jE W. CA::':vEL
I\SSISTf.\,r<JT COUNtJ!1;Y ATTORNEY
""',, d_/~_ /,
i'.- '-,,' '-' ~~T__4_.~.......-1J. ~.~~
RESOLUTION NO.
05-120
A RESOLUTION OF THE CITY COMMISSION OF THE
- -----
CITY OF KEY WEST, FLORIDA APPROVING THE
ATTACHED INTERLOCAL AGREEMENT TO ESTABLISH THE
LOWER KEYS SHUTTLE BUS; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1:
That the attached Interlocal Agreement Hm~~g
the City of Key West, the City of Marathon
Section 2:
That this Resolution S,
vreA) l au-S
~iYv.:t,
(?oCf-
^-- . +1,'; f-.-
r'\C~, ~ tt
s
hereby approved.
immediately upon its passage and adoption and
signature of the presiding officer and the Cle
Passed and adopted by the City Commissior. "
--"':1 JleLd
this
5
day of
April
, 2005.
Authenticated by the presiding officer and Clerk of the
Commission on
April 6
, 2005.
Filed with the Clerk
I 2005.
. v
"
~
, 'SliT~zQFFLORIDA. COUNTY OF MONROE.
\ CITY OF KEY WEST . I'd on
, . \ t':f the public raco
Thls~}' 1$ ~ true cop hancY and Oftic~
\ fileint~ffJ?6' Wrtn L~~ 20 u'
-'teal ttiis' ~day of -r-;--:-;; .
", . ({ ,41 A.-f C t' ~/
By Deputy City Clel1<
.
,,,
Lower Keys Bus Service Interlocal
City of Key West Original
LOWER KEYS BUS SERVICE
INTERLOCAL AGREEMENt
This Agreement is made and entered into by Monroe County ("COUNTY"), a
political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, FL 33040, the City of Marathon ("MARATHON"), a municipal
corpo~~tiongUIJ~StateQfEorida 'I/hose-address ;::; 10045-55 Overseas Highway,
--u-rqarathon, FL 33050, and the City of Key West ("KEY WEST"), a municipal
corporation of the State of Florida whose address is 525 Angela Street, Key West,
FL 33040,
WITNESSETH:
WHEREAS, there is an agreement in effect between Miami-Dade County and
a private bus company to provide a limited public transit system between Miami-
Dade County and 50th Street, Marathon; and
WHEREAS, COUNTY Is authorized by Section 125.01(1)(J),F.S. to provide
public transportation; and
WHEREAS, MARATHON and KEY WEST are each authorized by Section
166.021(1), F.S. to provide public transportation; and
WHEREAS, there is no regularly scheduled public transit system for local
use between Marathon and Key West; and
WHEREAS, KEY WEST currently operates a public transit system, has
experience in the operation of a public transportation system, public
transportation grant processes and management as well as compliance with other
Federal and State mandates, regulations and processes including Florida Statutes
and the Code of Federal Regulations; and
WHEREAS, there are many reasons for implementing public transit between
Marathon and Key West, including but not limited to:
a) local residents who could work outside the Immediate vicinity of
their residence if public transportation through a commuter bus
system was available;
b) the need for safety by reducing traffic on U.S. Highway 1, the
single highway between Marathon and Key West;
c) the desire of many travelers, particularly Europeans as
determined by the COUNTY'S Tourist Development Council, to
use public transit systems to travel from Miami to Key West;
d) the need to provide inter-Island travel with a commuter bus
public transit system upon establishment of commercial airline
service to the Marathon Airport; and
e) the considerable number of local residents with leisure time for
travel between the Keys who either cannot or do not want to
cope with traffic or parking problems; and
WHEREAS, KEY WEST, through its grant application experience, anticipates
obtaining one or more Federal or State grants to initiate a commuter bus public
Lov.'er Keys Bus Service lnterlocal
transit system between Marathon and Key West, thereby keeping the start-up
costs as low as possible to the parties; and
WHEREAS, the parties are authorized by Section 163,01(4), Florida
Statutes, to enter into an Interlocal Agreement to carry out their independent
powees,: ann
WHEREAS, the parties desire to provide a public transit system, connecting
with the Miami-Dade to Marathon transit system to serve the Lower Keys from
50th Street, Marathon, to Key West;
NOW, THEREFORE, in consideration of the mutual promises and conditions
contained herein, the parties agree as follows:
1. SCOPE. The parties shall provide a limited schedule commuter bus
pUblic transit system between 50th Street, Marathon, and Key West (hereinafter
"MARATHON-KEY WEST TRANSIT SYSTEM"). KEY WEST shall provide the
equipment and drivers using Its own transit service or by subcontracting the
service if it is determined that subcontracting is more cost effective for all the
parties. The initial route shall include a turn-around stop at 50th Street, Marathon,
and one designated bus stop each on the islands of Big Pine Key, Cudjoe Key,
Sugarloaf Key, Saddlebunch Keys, and Big Coppitt Key, as well as a turn-around
stop on College Road, Stock Island, Key West. The parties shall use their best
efforts to schedule at least one trip in the early morning and one trip near the
hour of 5:00 PM to loop around the island of Key West. Detailed scheduling shall
be accomplished by KEY WEST transit staff with approval in writing by COUNTY's
Administrator and MARATHON's City Manager. As long as the scheduling and
operational changes do not affect the maximum funding committed by each party
under this agreement, and as long as there are regularly scheduled bus stops on
the specified islands, and the designated stops on Marathon and Stock Island, the
chief administrative officer of each party may agree In writing to changes to the
program, including additional bus stops, without requiring further approval by
their respective governing bodies. Upon commencement of bus service under this
Agreement, the parties shall have a study conducted to further determine the
actual use by residents and visitors in order to provide for additional or changed
scheduled stops, costs and fares. The parties shall make adjustments to the
services and funding to achieve the greatest benefit possible as indicated by the
results of the study.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agre!;:,ent shall wntinU1 In force for a term of frve J.5) years ca~menClzg as of
the . day of II..(lf't L, 2005 and ending on the 1::1..-. day of t1pl'l _, 2010.
B. It is anticipated that the activities of the parties during the first year shall
be primarily devoted to the acquisition of one or more grants for federal and state
funding, start-up of the transit service, as well as contributing the initial local
funding commitment reflected In this Agreement.
2
Lo\Ver Keys Bus Service lnterlocal
C. The parties may extend this agreement upon expiration of the term herein
upon mutual agreement of the parties according to such terms and conditions as
may be agreed to at the time of the extension.
3. MANAGEMENT. KEY WEST shall act as the operations manager of the
commuter bus transit program, including but not limited to submitting grant.
appJicati~ms to fed~rt=ll and state agcne-tes,adn lit Iisteringa11 grants for the service
~ be provided, providing the buses, drivers, maintenance and scheduling, and
billing COUNTY and MARATHON for their share of costs pursuant to Paragraph 4.
4. FUNDING AND PAYMENT, Each party shall pay one third of the
expenses incurred as required in order to meet the match ratio for the Federal and
State Grant Assistance Programs. Funding in the first year is limited to no more
than Fifty Thousand Dollars ($50,000.00) for each party. Funding in the years
remaining under this agreement shall continue to be shared by the parties equally,
contingent upon annual appropriation by the respective parties. Payment shall be
made as follows:
Payment for expenditures permissible by law shall be made pursuant to the
Florida Prompt Payment Act, Section 218.70 F.S. et seq, through reimbursement
to KEY WEST upon presentation of invoices, canceled checks and other
documentatIon necessary to support a claim for reimbursement. The application
for payment documents to COUNTY and MARATHON must be presented as a
certified statement signed by KEY WEST's transportation manager and notarized,
declaring that representations in the invoice are true and correct.
KEY WEST may elect to have vendors and contractors paid through the direct
vendor method, upon submission of appropriate documentation as outlined above
and a specific request that payment be made directly to the vendor or contractor
rather than to KEY WEST.
S. IN-HOUSE RESOURCES AND OUTSOURCE SUPPLIERS of MARATHON
and COUNTY. COUNTY and MARATHON shall provide reasonable assistance with
their own employees and equipment, as well as procurement processes, as
requested by KEY WEST, to reduce costs. ThIs may include but not be limited to
matches with in-kind services for expenses for administrative and/or operational
costs under the control of MARTHON and COUNTY as allowable by grant funding
programs. COUNTY shall include in Its Tourist Development Marketing activities a
component of advertising and promotion of the new service, particularly to the
European market.
6. SIGNAGE, Portable or temporary advertising signs are prohibited. It is
expected that permanent sign age and slgnage which includes changing messages
using lighting or magnetic letters will be permitted on the bus(es), All bus stop
signs shall be based on fixed route or. demand route service and shall be mounted
permanently In approved locations.
7. RECORDS - ACCESS AND AUDITS. All parties shall maintain adequate
and complete records for a period of four years after termination of this
Agreement. Each party, its officers, employees, agents and auditors shall have
access to the other parties' books, records, and documents, including those of
3
Lo\ver Keys Bus Service Interlocal
contractors providing MARATHON-KEY WEST TRANSIT SYSTEM services, related to
this Agreement upon request. The access to and inspection of such books,
records, and documents by the parties shall occur during regular office hours or as
agreed.
8. RELATIONSHIP OF PARTIES, The parties to this Agreement are
llldgpendent of each-O-tt+er and sh<JII at no time be legally responsIble for any
negligence on the part of the other parties, their employees, agents or volunteers
resulting in either bodily or personal injury or property damage to any individual,
property or corporation.
9. TAXES. The parties are not subject to taxes and assessments,
10. INSURANCE. The parties to this agreement stipulate that each is a state
governmental entity as defined by Florida Statutes and represents to the other
that it has purchased suitable Public Liability, Vehicle liability, and Workers'
Compensation insurance, or is self-insured, in amounts adequate to respond to
any and all claims under federal or state actions for civil rights violations, which
are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any
and all claims within the limitations of Florida Statutes Section 768.28 and
Chapter 440, as well as any and all claims within the limitations of Florida Statutes
arising out of the activities governed by this agreement.
Each party agrees to keep In full force and effect the required insurance coverage
during the term of this Agreement. If the insurance policies originally purchased
which meet the requirements of this agreement are canceled, terminated or
reduced in coverage, then the respective party must immediately substitute
complying policies so that no gap in coverage occurs. Copies of current policy
certificates shall be filed with the other parties whenever acquired or amended.
11. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. KEY WEST shall include In all contracts funded under this
Agreement the following terms:
A. Anti-discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit
or service under this agreement 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.
B. Anti-kickback. Contractor 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 KEY WEST,MARATHON, or COUNrY has any interest, financially or
otherwise, in contractor. For breach or violation of this warranty, KEY WEST 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. Contractor acknowledges
that it is aware that funding for this agreement is available through KEY WESTr
4
Lower Keys Bus Service Interlocal
MARATHON and COUNTY and that violation of this paragraph may result in KEY
WEST, MARATHON or COUNTY withdrawing funding for the Project.
C. Hold harmless/indemnification, Contractor acknowledges that this agreement
is funded at least in part by Monroe County and the City of Marathon and agrees
to indemnify and hold harmless COUNTY, MARATHON and KEY \'VEST and any of
__lhelrnofficers aA4---empfeyees fromamt agaTnst ari-Y--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 demandsf
settlements or judgments (collectively claims) arising directly or indirectly from
any negligence or criminal conduct on the part of Contractor in the performance of
the terms of this agreement. The Contractor shall immediately give notice to
COUNTY, MARATHON and KEY WEST of any suit, claim or action made against the
Contractor that is related to the activity under this agreement, and will cooperate
with COUNTY, MARTHON and KEY WEST in the investigation arising as a result of
any suit, action or claim related this agreement.
D. Insurance. Contractor agrees that it maintains in force as part of the
operating expenses of this bus route extension, a liability Insurance policy which
will insure and indemnify the Contractorf COUNTY, MARATHON and KEY WEST
from any suitsf claims or actions brought by any person or persons and from all
costs and expenses of litigation brought against the Contractor for such injuries to
persons or damage to property occurring during the agreement or thereafter that
results from performance by Contractor of the obligations set forth in this
agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with KEY WEST a
certificate of the insurance of the carriers showing that the aforesaid insurance
policy is in effect. The following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General liability Insurance with minimum limits of
$1,000,000.00 per occurrence for bodily injuryf personal injury and property
damage.
3. Comprehensive Auto/Vehicle Liability Insurance with minimum limits of
$1,000,000,00 combined single limit per occurrence.
KEY WEST, COUNTY and MARATHON shall be named as additional insureds, except
on Workers Compensation insurance policies. The policies shall provide no less
than 30 days notice of cancellation, non-renewal or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance
of the project, Contractor shall maintain on file with KEY WEST a certificate of
insurance showing that the aforesaid insurance coverage's are in effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work,
all required licenses and permits whether required by federal or state law, or
Monroe County or any applicable municipal ordinance.
5
Lower Keys Bus Service Interlocal
f) Right to Audit. The Contractor shall keep such records as are necessary to
document the performance of the agreement and expenses as incurred, and give
access to these records at the request of KEY WEST, MARATHON or the COUNTY,
the State of Florida or authorized agents and representatives of said government
bodies.
--
12. HOLD HARMLESS. To the extent allowed by law, each party shall be
responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other
parties harmless from all claims arising out of such actions.
To the extent allowed by law, each party shall defend, release, discharge,
indemnify and hold harmless the other parties, the members of their governing
boards, officers and employees, agents and contractors, from and against any
and all claims, demands, causes of action, losses, costs and expenses of whatever
type, including investigation, witness costs and expenses, and attorneys' fees and
costs that arise out of or are attributable to the activities under this agreement
except for those claims, demands, damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of one of the
other parties. The purchase of the insurance required under this Agreement does
not release or vitiate any party's obligations under this paragraph. This does not
constitute a waiver of any party's sovereign immunity rights including but not
limited to those expressed in Section 768.28, Florida Statutes.
13. NON-DISCRIMINATION. The parties, each for itself, its personal
representatives, successors In interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person shall be discriminated
against in the provision of services or award of contracts under this Agreement as
provided under Federal and State law, and applicable local ordinance on the
grounds of race, color, or national origin.
The Parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically
termInates without any further action on the part of any party, effective the date
of the court order. The Parties agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscriminatIon.
These include but are not limited to: 1) Title 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 use 55.
1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 use ss. 6101- 6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss, 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as amended, relating
6
Lower Keys Bus Service TnterlocaI
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s, et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13,
Art. VI, prohibiting discrimination on the bases of race, color, sex, religionL_
disability, national Qriginl- ancest+y, -5€*ttat--orfentatiun-,- genaeyuTdentity or
----eXpression, familial status or age; (11) Code of Ordinances of the City of Key West
Section 38-191 et seq and Section 38-260 and (12) any other nondiscrimination
provisions In any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
14. TERMINATION. KEY WEST may terminate this agreement at any time
upon thirty days notice to the other parties sent by certified mail to the addresses
of the parties previously stated above. MARATHON and COUNTY may terminate
this Agreement at any time upon sixty days notice to the other parties.
15. ASSIGNMENT. No Party may assign this Agreement or assign or
subcontract any of its obligations under this Agreement other than as specified
without the approval of the governing boards of the other Parties. All the
obligations of this Agreement will extend to and bind the legal representatives,
successors and assigns of the all Parties.
16. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, COUNTY, MARATHON and
KEY WEST whether in effect on commencement of this Agreement or adopted
after that date,
17. GOVERNING LAWS/VENUE. This Agreement is governed 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 attorney's fee and costs.
18. ETHICS CLAUSE. KEY WEST and MARATHON each warrant that it has not
employed, retained or otherwise had act on Its behalf any former COUNTY officer
or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or
any COUNTY officer or employee in violation of Section 3 of OrdInance No. 010-
1990. For breach or violation of this provision, the COUNTY may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct
from the agreed payments or otherwise recover the full amount of any fee,
commission, percentage, gift or consideration paid to the former COUNTY officer
or employee.
19. CONSTRUCTION. This Agreement has been carefully reviewed by the
parties, Therefore, this Agreement is not to be construed against any party on the
basis of authorship.
20. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified ma II to the following:
7
L0wer Keys Bus Service Interlocal
COUNlY:
County Administrator
1100 Simonton Street
Key West, FL 33040
CIlY OF MARATHON:
City Manager
10045-55 Overseas Highway
Marathon, Florida 33050
CIT'fBF KEY WEST:
City Manager
P.O. Box 1409
Key West, Florida 33041
21. FUll UNDERSTANDING. This Agreement is the parties' Final mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Agreement cannot be modified or replaced except by another
written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representative.
(SEAL)
ArrEST: DANNY . KOLHAGE, CLERK
BY:C ~~~~~"-~~--/
. Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONR~?~N)J?O~
By: ./.. 'Jp
Mayor/Chairman
Date: tIla. U t;~ I (" i ~. ~-
Y Attomey
By:
CITY OF MA~RA;~~N / )
By: V-::.clk-- /
Mayor~
Date: 05/'d-YjoS-
'r ')1
u'
Mayor
Date: ~/d' ::,,-
", .
Appro~c:t 'for form:
~ J. "( 'I / I
{L' (. ( . f) . . ; ^f
City Attomey
8
RESOLUTION NO.
1000R'i
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST I FLORIDA APPROVING RENEWAL OF
THE ATTACHED "LOWER KEYS BUS SERVICE
INTERLOCAL AGREEMENT" FOR OPERATION OF THE
LOWER KEYS SHUTTLE BUS FOR A TERM OF FIVE (5)
YEARS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in Resolution No. 05-120, the City Commission
approved and entered into the attached -Lower Keys Bus Service
Interlocal Agreement" (Agreement) between Key West, Monroe County,
the City of Marathon; and
WHEREAS, as provided in section 2.C. of the Agreement, the
parties mutually desire to extend this agreement for an additional
term of five (5) years;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Section 1:
That the City of Key West agrees to renew the
attached Interlocal Agreement among the City of Key West, the City
of Marathon and Monroe County for a term of five years commencing
April 6, 2010 and ending April 5, 2015.
Page 1 of 2
Section 2:
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
2nd
day of
March
, 2010.
Authenticated by the presiding officer and Clerk of the
Commission on
March 3
, 2010.
Filed with the Clerk
March 3 ,2010.
CRA~.tJt MAYOR
Page 2 of 2
From:
Myra Wittenberg, Manager
~
EXECUTIVE SUMMARY
To:
Jim Scholl, City Manager
Date:
February 10, 2010
Subject:
Interlocal Agreement - Renewal of Term
April 6, 2010, through April 5, 2015
Action Statement:
This item is an request to approve a resolution extending the term of the Interlocal Agreement
between City of Key West, City of Marathon and Monroe County, for the Lower Keys Shuttle
Bus Service, for a period of five (5) years from April 6, 2010, through April 5, 2015.
Proiect History:
In 2004-2005 the City of Key West received notice of award from the Federal Transit
Administration (FTA) regarding grant funding for operational start up and continued operating
assistance funding of a Job Access Reverse Commute grant program commonly referred to as
JARC. JARC programs are intended to provide start up funding to areas where no bus service
exists, as a means of enhancing life quality by providing transportation options to those who
otherwise may not have transportation. It is intended to provide access to and from areas
outside of the immediate neighborhood such as business and commerce opportunities. These
services provide individuals a greater level of opportunity of employment, education, and
training and other necessary business or service related access points.
With the grant award notice in hand, the City of Key West Transportation Department began
communications with Monroe County and the newly formed City of Marathon to develop an
equal level of participation for all three (3) agencies to embark on a joint venture that would
create and provide public transit services between Key West and Marathon. The first bus ran
on September 9,2005.
From the period of September 2005 - to current period, the City of Key West has realized grant
funding which contributes subsidies at 50% match for eligible expenses via a Federal Transit
Administration (FT A) grant; 25% match via State of Florida Department of Transportation
(FOOT) grant, with the remaining 25% of expenses equal split between the three (3) local
agencies. At this time we anticipate the level of funding and match to remain the same.
As a side bar, it should be noted that for Key West City, this is an additional opportunity to
secure grant dollars for capital items such as fixed assets for everything from new or
replacement rolling stock (vehicles) to construction costs for new buildings, renovations or other
capital improvement items that otherwise we would not be able to afford to purchase and
maintain. This added opportunity will continue as the designated fixed route provider for the
Lower Keys service.
The current agreement term of the Interlocal is a five (5) year term which ran from April 6, 2005,
and continues through April 5, 2010. In paragraph 2 of the agreement, there is provision to
renew the agreement with approval of all agencies. That is the intent of the request today,
which will also be brought forward to the Council Members for the City of Marathon and the
Board of County Commission for Monroe County.
Executive Summary
Interlocal Agreement Renewal 2015
02/10/2010
Page 2 of 2
Attached are two (2) single sheets of compiled data for the months of October to January, fiscal
year period 2007, compared by year and same month, through current budget period of 2010?
This is a good indicator of the latest trends in public transit use for Monroe County. It appears
that while transit use is declining, the greater decline is to the "shorter distance" trip requirement
- the Lower Keys bus service continues to be an area of need and demand, which will again see
an increase to use in the near future based simply on shear necessity.
Option #1: Advantaaes I Disadvantaaes I Fiscal Impact
Option #1 would be to approve the recommended term renewal from April 6, 2010, through April
5, 2015, providing for the Lower Keys Shuttle Bus Services.
The advantage of this option is that by the City remaining the designated fixed transit provider in
Monroe County, the City is eligible to apply and receive other types of grant program funding,
should they so desire from time to time.
There are numerous advantages and opportunities provided whenever fixed route transportation
exists in a community such as a choice or alternate mode of transport, ability to reduce traffic,
reduces accidents, reduction of dependency on foreign oils, reduction of carbon emissions and
carbon footprint of the communities, etc.
There are no disadvantages to this option with regard to providing a fixed route transit service
between Key West and Marathon.
The fiscal impact is no greater for Key West than for the City of Marathon and the County of
Monroe BOCC. We are all equal partners in this venture.
Option #2: Advantaaes I Disadvantaaes I Fiscal Impact
Option #2 would be to not approve the renewal of term of the lnterlocal Agreement.
There are no advantages to this option.
The disadvantage to this option is that all areas served between Key West and Marathon would
be adversely impacted, which would inevitably have an economic impact on individuals and
businesses too. Additionally, KWDoT recognizes that visitors are becoming informed about
the services available and they too will begin to make choices to use public transit rather than
add to the vehicle congestion on US #1 to make day trips to and from Key West or Marathon,
daily.
Recommendation:
KWDoT staff recommends Option #1, above, to approve renewal of the Interlocal Agreement for
a term of five (5) years, from April 6, 2010, through April 5, 2015.
JMHW
Attachments
File: Executive Summary (Interlocal Agreement Renewal 2015) 02-10-10
Annual Comparison - Lower Keys Routes
FlY FAREBOX- ~EBOX AVERAGE BU~ ..
2006 - 2007 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 6,390 $11,372.29 $1.78 $30.00
NOV 6,094 $11,689.86 $1.92 $300.00
DEC 4,028 $8,419.19 $2.09 $0.00
JAN 6,915 $13,784.95 $1.99 $300.00
Sub Total: 23,427 $45,266.29 $1.93 $630.00
FN FAREBOX FARE BOX AVERAGE BUS PASSES
2007-2008 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 8,434 $13,360.55 $1.58 $680.00
NOV 8,643 $13,757.69 $1.59 $530.00
DEC 9,004 $11,878.08 $1.32 $450.00
JAN 10,029 $15,824.54 $1.58 $230.00
Sub Total: 36,110 $54,820.86 $1.52 $1,890.00
FN FARE BOX FAREBOX AVERAGE BUS PASSES
2008 - 2009 RIDERSHIP REVENUES FARE (MONTHL Y)
OCT 9,267 $16,709.00 $1.80 $1,160.00
NOV 9,125 $16,195.93 $1.77 $830.00
DEC 9,623 $15,527.77 $1.61 $1,290.00
JAN 10,789 $21,410.65 $1.98 $1,640.00
Sub Total: 38,804 $69,843.35 $1.80 $4,920.00
FY FARE BOX FAREBOX AVERAGE BUS PASSES
2009-2010 RIDERSHIP REVENUES FARE (MONTHL Y)
OCT 7,355 $15,759.13 $2.14 $2,140.00
NOV 7,454 $16,296.68 $2.19 $650.00
DEC 8,433 $18,847.40 $2.23 $1,080.00
JAN 8,696 $19,541.14 $2.25 $970.00
Sub Total: 31,938 $70,444.35 $2.21 $4,840.00
(1) Route changes twice in a 3 year period as well as fare increases
transit use has decreased; as has the revenue to offset the operating expense.
(2) The decrease is greater in the City route areas than it is in the Lower Keys.
Annual Comparison - City Routes
FY FAREBOX AVERAGE BUS
2006 - 2007 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 31,008 $25,939.18 $0.84 $117.50
NOV 30,736 $25,997.95 $0.85 $1,275.00
DEC 22,223 $18,764.81 $0.84 $150.00
JAN 35,055 $29,533.90 $0.84 $1,725.00
Sub Total: 119,022 $100,235.84 $0.84 $3,267.50
FY FARE BOX FAREBOX AVERAGE BUS PASSES
2007 - 2008 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 33,305 $24,026.61 $0.72 $1,220.00
NOV 29,323 $21,676,22 $0.74 $1,140.00
DEe 29,805 $17,745.84 $0.60 $1,140.00
JAN 34.646 $26,696.39 $0.77 $665.00
Sub Total: 127,079 $90,145.06 $0.71 $4,165.00
FY FAREBOX FAREBOX AVERAGE BUS PASSES
2008 - 2009 RIDERSHIP REVENUE FARE (MONTHLY)
OCT 29,754 $26,079.00 $0.88 $1,570.00
NOV 28,989 $24.613.03 $0.85 $1,320.00
DEC 30.925 $23.938.37 SO.77 $1,805.00
JAN 32,335 $31,058.15 $0.96 $1,720.00
Sub Total: 122,003 $105,688.55 $0.87 $6,415.00
FY FAREBOX FAREBOX AVERAGE BUS PASSES
2009 - 2010 RIDERSHIP REVENUE FARE (MONTHLY)
OCT 20,764 $21,155.36 $1.02 $2,155.00
NOV 19,822 $20.435.75 $1.03 $1,970.00
DEC 21,278 $22,927.66 $1.08 $795.00
JAN 21,095 $23.409.89 $1.11 $1,845.00
Sub Total: 82,959 $87,928.66 $1.06 $6,765.00
(1) Route changes twice in a 3 year period as well as fare increases
transit use has decreased; as has the revenue to offset the operating expense.
(2) The decrease is greater in the City route areas than it is in the Lower Keys.
Sponsored by: Hernstadt
CITY OF MAIM THON, FLORIDA
RESOLUTION 2010-30
A RJi~SOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARA THON,FLORIDA, APPROVING AN EXTENSION TO THE TO THE
TERM OF THE INTER LOCAL AGREEMENT BETWEEN THE CITY 01;'
KEY WEST, MONROE COUNTY AND THE CITY OF MARATHON FOR
THE LOWER KEYS SHUTTLE BUS SERVICE, FOR A PERIOD OF FIVE
(5) YEARS FROM APRIL 6, 2010, THROUGH APRIL 5, 2015;
AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL
AGREEMENT ON BEHALF OF THE CITY; AND PROVIDIN(; FOR AN
EFFECTIVE DATE
WHEREAS, on April 6, 2005, the City of Marathon (the "City"), the City of Key West
("Key West"), and Monroe County (the "County"), entered into the Lower Keys Bus Service
Intcrlocal Agreement for the fixed route bus service between the City and Key West (the "Bus
Service ILA"); and
WHEREAS, the parties wish to continue the bus service for the benefit of the residents of
the City, the County and Key West by extending the Bus Service ILA for an additional five (5) years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section 1.
The above recitals are true and correct and incorporated herein.
Section 2. 'Ihe Bus Service ILA between the City, Key West and the County, a copy of
which is attached as Exhibit "A," is hereby extended for a period oftive years from April 6, 2010
through April 5,2015.
Section 3.
This resolution shall take eftect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 23RJ} DAY O}<' MARCH, 2010.
THE CITY OF MARA TlION, FLORIDA
1
\ t A
\__ __-;\ \-'7 ", __ ~ J
Ginger srf3il, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Cinque, Keating, Ramsay, Worthington, Snead
None
None
None
ATTEST:
,..
(City Seal)
APPROVED AS TO FORM ANn LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MAR THO , FLORIDA ONLY:
RESOLUTION NO.
05-120
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST I FLORIDA APPROVING THE
ATTACHED INTERLOCAL AGREEMENT TO ESTABLISH THE
LOWER KEYS SHUTTLE BUS; PROVIDING FOR AN
EFFECTIVE DATE
8E IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS fOLLOWS;
Section 1:
That the attached InterlocaJ. Agreement among
the City of Key West, the City of Marathon and Monroe County is
hereby approved.
Secti.on 2:
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
5
day of __!>""p"ril ____, 2005.
Authenticated by the presiding officer and Clerk of the
Commission on
April 6
, 2005.
Filed with the Clerk
I 2005.
^'
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"'stiTk~OFFLORIDA, COUNTY OF MONROE,
\ CITY OF KE.Y WEST n
This ~t\f'\ i$ a true CO~Of the public rdecof rd. 0
"'II' m ha an 0 I
, file in l~f~' Wlln ~ / 20~
~altlii day of . '\ J... ,
, ('1~
" , 'I (U t:-- --:J t (
By lli-D€puty City Clerk '
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l.ower Keys Bus S.:rvkc Illtcrlocal
City of Key West Original
LOWER KEYS BUS SERVtC;~
INTERLOCAl AGREEMENt
This Agreement Is made and entered into by Monroe County ("COUNTY"), a
political subdivision of the State of Florida, whose address is 1100 Simonton
Street, K~'i- We<;tj Fl 330-10, the City of Marathon ("MARATHON fI) , a municipal
corporation of the State of Florida whose address Is 10045-55 Overseas Highway,
Marathon, FL 33050, and the City of Key West ("KEY WEST"), a municipal
corporation of the State of Florida whose address is 525 Angela Street, Key West,
Fl 33040.
WITNESSETH:
WHEREAS, there is an agreement in effect between Miami-Dade County and
a private bus company to proYide a limited public transit system between Miami-
Dade County and 50th Street, Marathon; and
WHEREAS, COUNTY is authorized by SectIon 125.01(1)(l),F,S. to proYide
public transportation; and
WHEREAS, MARATHON and KEY WEST are each authorized by Section
166,021(1), F.S. to provide pubflc transportation; and
WHEREAS, there is no regularly scheduled public transit system for local
use between Marathon and Key West; and
WHEREAS, KEY WEST currently operates a public transit system, has
experience in the operatIon of a public transportation system, public
transportation grant processes and management as well as compliance with other
Federal and State mandates, regulations and processes including Florida Statutes
and the Code of Federal Regulations; and
WHEREAS, there are many reasons for implementing public transit between
Marathon and Key West, InclUding but not limited to:
a) local residents who could work outside the Immediate vicinity of
their residence if publIc transportation through a commuter bus
system was available;
b) the need for safety by reducIng traffic on U.S. Highway 1, the
sIngle highway between Marathon and Key West;
c) the desire of many travelers, partIcularly Europeans as
determined by the COUNTY'S Tourist Development Council, to
use pUblic transit systems to travel from Miami to Key West;
d) the need to provide Inter-island travel with a commuter bus
public tranSit system upon establishment of commercial airline
service to the Marathon Airport; and
e) the considerable number of local residents with leisure time for
travel between the Keys who either cannot or do not want to
Cope with traffic or parking problems; and
WHEREAS, KEY WEST, through jts grant application experience, antICipates
obtaining one or more Federal or State grants to Initiate a commuter bus public
Lower Keys Bus Seryjce Interloc.11
transit system between Marathon and Key West, thereby keeping the start-up
costs as low as POSsible to the parties; and
WHEREAS, the parties are authorized by Section 163.01 (4), Florida
Statutes,--tG- enter Into--an-tnlerlocal Agreement to carry out their independent
powers; and
WHEREAS, the parties desire to provide a public transit system, connecting
with the Miami-Dade to Marathon transit system to serve the lower Keys from
50th Street, Marathon, to Key West;
NOW, THEREFORE, in consideration of the mutual promises and conditions
contained herein, the parties agree as follows:
1. SCOPE. The parties shall provide a limited schedule commuter bus
public transit system between 50th Street, Marathon, and Key West (hereinafter
"MARATHON-KEY WEST TRANSIT SYSTEM"). KEY WEST shall provide the
equipment and drivers Using its own transit service or by subcontracting the
service if it Is determined that subcontracting is more cost effective for all the
parties. The initial route shall Include a turn~around stop at 50th Street, Marathon,
and one designated bus stop each on the Islands of Big Pine Key, Cudjoe Key,
Sugarloaf Key, Saddlebunch Keys, and Big Coppitt Key, as well as a turn~around
stop on College Road, Stock Island, Key West. The parties shall use their best
efforts to schedule at least one trip In the early morning and one trIp near the
hour of 5:00 PM to loop around the island of Key West. Detailed schedullng shall
be accomplished by KEY WEST transit staff with approval In wrIting by COUNTY's
Administrator and MARATHON's City Manager. As long as the scheduling and
operational changes do not affect the maximum funding commJtted by each party
under this agreement, and as long as there are regularly scheduled bus stops on
the specified islands, and the desIgnated stops on Marathon and Stock Island, the
chief administrative officer of each party may agree In writing to changes to the
program, includ/ng additional bus stops, without requiring further approval by
their respective governIng bodies, Upon commencement of bus service under thIs
Agreement, the parties shalf have a study conducted to further determine the
actual use by residents and visitors. In order to provide for additional or changed
scheduled stops, costs and fares. The parties shall make adjustments to the
services and funding to achIeve the greatest benefit possible as indicated by the
results of the study,
2. TERM,
A. Subject to and upon the terms and conditions set forth herein, this
A9re!(ent Shall/hntinur In force for a term of five J.5) years c071me.~clZ9 as of
the day of (l Y.... t ,2005 and ending on the..1::L-. day of ,'f.h / ,2010.
B. It is anticipated that the activities of the parties during the frrst year shall
be primarily devoted to the acquisition of one or more grants for federal and state
fundIng, start-up of the transit service, as well as contributing the initial local
funding commitment reflected in this Agreement,
2
l.ower Keys Bus Service lnterkh:al
C. The parties may extend this agreement upon expiration of the term herein
upon mutual agreement of the parties according to such terms and conditions as
may be agreed to at the time of the extension,
3. MANAGEMENT, KEY WEST shall act as the operations managflr of the
commllterbus trwnsit plOgldm, InclUding but not limited to submitting grant
applications to federal and state agencies, administering all grants for the service
to be provided, providing the buses, drivers, maintenance and scheduling, and
billing COUNTY and MARATHON for their share of costs pursuant to Paragraph 4.
4, FUNDING AND PAYMENT, Each party shall pay one third of the
expenses incurred as required in order to meet the match ratio for the Federal and
State Grant Assistance Programs. Funding in the first year is limited to no more
than Fifty Thousand Dollars ($50,000,00) for each party. Funding in the years
remaining under this agreement shall continue to be shared by the parties equally,
contingent upon annual appropriation by the respective parties. Payment shall be
made as follows:
Payment for expenditures permissIble by law shall be made pursuant to the
Florida Prompt Payment Act, Section 218,70 F.S. et seq, through reimbursement
to KEY WEST upon presentation of invoices, canceled checks and other
documentatIon necessary to support a claim for reimbursement. The application
for payment documents to COUNTY and MARATHON must be presented as a
certified statement signed by KEY WEST's transportation manager and notarized,
declaring that representations in the Invoice are true and correct,
KEY WEST may elect to have vendors and contractors paid through the direct
vendor method, upon submission of appropriate documentation as outlined above
and a specific request that payment be made directly to the vendor or contractor
rather than to KEY WEST.
5. IN-HOUSE RESOURCES AND OUTSOURCE SUPPLIERS of MARATHON
and COUNTY. COUNTY and MARATHON shall provide reasonable assistance with
theIr own employees and equipment, as well as procurement processes, as
requested by KEY WEST, to reduce costs. This may include but not be limited to
matches with in-kind services for expenses for administratIve and/or operational
costs under the control of MARTHON and COUNTY as allowable by grant funding
programs, COUNTY shall Include In Its Tourist Development Marketing activities a
component of advertisIng and promotion of the new service, particularly to the
European market,
6. SIGNAGE. Portable or temporary advertising signs are prohibited. It is
expected that permanent signage and signage which includes changing messages
using lighting or magnetic letters will be permitted on the bus(es). All bus stop
signs shaH be based on fixed route or. demand route service and shall be mounted
permanently In approved locations.
7. RECORDS - ACCESS AND AUDITS, All parties shall maintain adequate
and complete records for a period of four years after termination of this
Agreement. Each party, its officers, employees, agents and auditors shall have
access to the other parties' bOOks, records, and documents, Including those of
3
Lower Keys Blls Service Intcrlocal
contractors providing MARATHON-KEY WEST TRANSIT SYSTEM services, related to
this Agreement upon request. The access to and inspection of such books,
records, and documents by the parties shall occur during regular office hours or as
agreed,
8. RELATIONSHIP OF PARTIES, The partIes to this Agreement are
independent of each other and shall at no time be legally responsibfe for any
negligence on the part of the other parties, their employees, agents or volunteers
resulting In either bodily or personal injury or property damage to any individual,
property or corporation.
9. TAXES, The parties are not subject to taxes and assessments.
10. INSURANCE. The parties to this agreement stipulate that each is a state
governmental entity as defined by Florida Statutes and represents to the other
that it has purchased suitable Public Liability, Vehicle Liability, and Workers'
Compensation insurance, or is self-insured, In amounts adequate to respond to
any and all claims under federal or state actIons for civil rights violations, whIch
are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any
and all claims within the limitations of FlorIda Statutes Section 768.28 and
Chapter 440, as well as any and all claims within the limitations of Florida Statutes
arising out of the activities governed by this agreement.
Each palty agrees to keep in full force and effect the required Insurance coverage
during the term of this Agreement, If the Insurance policies originally purchased
which meet the requIrements of this agreement are canceled, terminated or
reduced in coverage, then the respective party must immediately substitute
complying policies so that no gap in coverage occurs. CopIes of current policy
certificates shall be filed with the other parties whenever acquired or amended.
11. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. KEY WEST shall Include in all contracts funded under this
Agreement the following terms:
A. Anti-discrIminatIon, Contractor agrees that It wi!! not discriminate against any
employees or applicants for employment or against persons for any other benefit
or service under this agreement because of their race, cotor, religion, sex, national
origin, or physical or mental handicap where the handicap does not affect the
ability of an individual to perform in a positron of employment, and to abide by all
federal and state laws regarding non-discrimlnatlon.
8. Anti-kickback. Contractor 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 KEY WEST,MARATHON, Or COUNTY has any interest, financially or
otherwise, in contractor. For breach or violation of this warranty, KEY WEST 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. Contractor acknowledges
that it is aware that funding for this agreement is available through KEY WEST,
4
l,ower Key, Bus Service Interlocal
MARATHON and COUNTY and that violation of this paragraph may result in KEY
WEST, MARATHON or COUNTY withdrawing funding for the Project.
C. Hold harmless/Indemnification, Contractor acknowledges that this agreement
Is funded at feast In part by Monroe County and the City of MArathon and-asree:;
to indemnify alrd holdTlcirmless COUNTY, MARATHON and KEY WEST 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 Ift/gatlon), and the payment of any and all of the foregoing or any demands,
settlements or jUdgments (collectively claims) arising directly or Indirectly from
any negligence or criminal conduct on the part of Contractor In the performance of
the terms of this agreement, The Contractor shall immediately give notice to
COUNTY, MARATHON and KEY WEST of any suit, claim or action made against the
Contractor that is related to the activity under this agreement, and will cooperate
with COUNTY, MARTHON and KEY WEST in the investigation arising as a result of
any suit, action or claim related this agreement.
D. Insurance. Contractor agrees that it maintains in force as part of the
operating expenses of this bus route extensIon, a liability insurance policy which
will Insure and Indemnify the Contractor, COUNTY, MARATHON and KEY WEST
from any suits, claims or actions brought by any person or persons and from all
costs and expenses of litigation brought against the Contractor for such injuries to
persons or damage to property Occurring durIng the agreement or thereafter that
'results from performance by Contractor of the obl/gatlons set forth In this
agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with KEY WEST a
certificate of the Insurance of the carriers shOWing that the aforesaid insurance
policy Is in effect. The follOWing coverage's shall be provIded:
1. Workers Compensation insurance as required by Florida Statutes.
2, Commercial General LIability Insurance with minimum limits of
$1,000,000.00 per occurrence for bodily Injury, personal Injury and property
damage.
3, Comprehensive Auto/Vehicle LIability Insurance with minImum limits of
$1,000,000,00 combined single limit per occurrence,
KEY WEST, COUNTY and MARATHON shall be named as addftlona/lnsureds, except
on Workers CompensatIon Insurance policies. The pollcles sha1l provide no less
than 30 days notice of cancellation, non-renewal or reduction of coverage.
At all times durIng the term of this agreement and for one year after acceptance
of the project, Contractor Shall maintain on fire with KEY WEST a certificate of
insurance Showing that the aforesaid insurance coverage's are In effect.
e) LicenSing and Permits. Contractor warrants that it shafl have, prior to
commencement of work under this agreement and at all times during said work,
all required licenses and permits whether required by federal or state faw, or
Monroe County or any applicable municipal ordinance.
5
Lower Key:; Bus Service rnlerlocal
f} Right to Audit. The Contractor shaH keep such records as are necessary to
document the performance of the agreement and expenses as incurred, and give
access to these records at the request of KEY WEST, MARATHON or the COUNTY,
the State of Florida or authorIzed agents and representatives of said government
~Qdles. __ __
12. HOLD HARMLESS. To the extent allowed by law, each party shall be
responsible for any acts of negJlgence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other
parties harmless from al/ claims arising out of such actions.
To the extent aI/owed by law, each party shall defend, release, discharge,
Indemnify and hold harmless the other parties, the members of their governing
boards, officers and employees, agents and contractors, from and against any
and all claims, demands, causes of action, losses, costs and expenses of whatever
type, including investigation, wrtness costs and expenses, and attorneys' fees and
costs that arise out of or are attributable to the activIties under this agreement
except for those claims, demands, damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of one of the
other parties. The purchase of the insurance required under this Agreement does
not release Or vitiate any party's obligations under this paragraph. This does not
constitute a waiver of any party's sovereign Immunity rJghts including but not
limited to those expressed in Section 768,28, Florida Statutes,
13. NON-DISCRIMINATION. The parties, each for itself, its personal
representatives, successors In interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person shall be discriminated
against In the provision of services or award of contracts under thIs Agreement as
provided under Federal and State law, and applicable local ordInance on the
grounds of race, color, or national Origin.
The Parties agree that there wHl be no discrimination against any person, and it is
expressly understood that Upon a determination by a court of competent
jUrisdiction that discrimination has occurred, this Agreement automatically
termInates wIthout any further action on the part of any party, effective the date
of the court order. The Parties agree to comply with alJ Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These Include but are not IJmlted to: 1) Title VI of the Civil Rights Act of 1964 (PL
88~3S2) which prohibits dJscrlmlnatlon on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 use 55.
1681-1683, and 168S~1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the RehabIlitation Act of 1973, as amended (20 use s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC S5, 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 Alcohoflsm Prevention, Treatment and
RehabHitation Act of 1970 (PL 91-616), as amended, rerating to nondiscrImination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, S5, 523 and 527 (42 use S5. 690dd-3 and 290ee-3), as amended, relating
6
Lower Keys Bus Service InlerlocaJ
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or fInancing of housing; 9) ThE! Americans with DIsabilities Act of
1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Codp Ch 13,
Art. Vt prohihitil19 discriminatiurl on the bases of race, COIOf, sex, religion,
disability, nationat origin, ancestry, sexual orientation, gender identity or
expression, famHlal status or age; (11) Code of Ordinances of the City of Key West
Section 38-191 et seq and Section 38-260 and (12) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, thIs Agreement.
14. TERMINATION. KEY WEST may terminate this agreement at any time
Upon thirty days notice to the other parties sent by certified mall to the addresses
of the parties previously stated above. MARATHON and COUNTY may terminate
this Agreement at any time Upon sixty days notice to the other parties.
15. ASSIGNMENT. No Party may assign this Agreement or assign or
subcontract any of Its obligations under this Agreement other than as specified
without the approval of the governing boards of the other Parties. All the
obligations of this Agreement will extend to and bind the legal representatives,
SUccessors and assIgns of the all Parties.
16. SUBORDINATION, This Agreement Is subordinate to the laws and
regulations of the United States, the State of FlorIda, COUNTY, MARATHON and
KEY WEST whether in effect on commencement of this Agreement or adopted
after that date,
17. GOVERNING lAWS/VENUE, This Agreement is governed 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 attorney's fee and costs.
18. ETHICS CLAUSe. KEY WEST and MARATHON each warrant that It has not
employed, retained or otherwise had act on its behalf any former COUNTY officer
or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or
any COUNTY officer or employee In violation of SectIon 3 of Ordinance No. 010-
1990, For breach or violation of this provision, the COUNTY may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct
from the agreed payments or otherwise recover the full amount of ~ny fee,
commission, percentage, gift or consideratron pard to the former COUNTY officer
or employee,
19. CONSTRUCTION. This Agreement has been carefully reviewed by the
parties, Therefore, this Agreement is not to be construed against any party On the
basis of authorship,
20. NOTICES. Notices in this Agreement, unless otherwise specified/ must be
sent by certified mail to the fOllOWing:
7
f.'tVo'er Keys Bus Service Tntcrlocal
COUNTY:
County Administrator
1100 Simonton Street
Key Westl FL 33040
CITY OF MARATHON:
City Manager
10045-55 Overseas Highway
Marathon, Florida 33050
CITY OF KEY WEST:
City Manager
P.O. Box 1409
Key Westl Florida 33041
21. FUll UNDERSTANDING. This Agreement Is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Agreement cannot be modified or replaced except by another
written and signed agreement.
IN WITNESS WHEREOF, each party has caused thIs Agreement to be executed by
its duly authorized representative.
(SEAL)
ATTEST: DANNY. KOLHAGE,CLERK
-7 j
By; (~ ~.~.,% ~J.i><.4<~r(..--e.c..
. Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONR~Ef?~N);l.ORrDfr ~
By: ,,~ ~
Mayor/Chairman
Date: tIl'l.U: eL It., ".... ~
By:
CITY OF MARA TH. ~~,," )
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Date:
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Approved for form:
I. ; ! . 'I I {
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City Attorney
Mayor
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8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/21/10
Division: Public Works
Bulk Item: Yes X No
Department:
Parks & Beaches
Staff Contact Person/Phone #: Bob Stone / 6077
AGENDA ITEM WORDING: Approval to award Public Works surplus items as described in
attached Recap of Bid Opening on February 18,2009. (Item: #22).
ITEM BACKGROUND: All items were advertised per attached Recap of Bid Opening. The highest
bid received was determined acceptable.
PREVIOUS RELEVANT BOCC ACTION: 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 / A
STAFF RECOMMENDATIONS: Approval to award Public Works items to the highest bidder 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 INDIRECT COST:
BUDGETED: Yes ..K...-No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
Bob Stone. Director
Middle Keys Operations
DATE:
March 29,2010
RE:
Agenda Submission / Information Memo
The attached BOCC agenda item is to award Public Works item to the highest bidder or
to the next highest and acceptable bidder should the higher bidder 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 the highest bidder for Item #22 is acceptable.
Therefore, it is recommended to award Item #22 to the highest bidder; or to the next
highest and acceptable bidder, should the highest bidder fail to complete the transaction after
reasonable notification and time limits.
Thank you.
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: April 21, 2010
DIVISION: Public Works
BULK ITEM: Yes X
No
DEPARTMENT: Public Works
STAFF CONTACT PERSONIPHONE NO.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of renewal agreement with The Florida Keys
Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal
Shelter.
ITEM BACKGROUND: The contractor wishes to renew the agreement and has requested a
CPI adjustment. There is one final five-year renewal option available under the contract.
PREVIOUS RELEVANT BOCC ACTION: On May 18, 2005, the Board approved the
original contract; on April 19, 2006, an amendment was approved allowing contractor to
purchase its own vehicle when the previously assigned vehicle was damaged by Hurricane
Wilma; and on September 20,2006, and May 16, 2007, amendments were approved to grant
CPI increases.
CONTRACT/AGREEMENT CHANGES: Renew contract for five years; new term is from
July 1, 2010 to June 30, 2015; new contract amount is $395,645.26 per year beginning July
1, 2010 ($387,507.60/yr. plus $8,137.66 for 2.1 % CPI adjustment).
STAFF RECOMMENDATION: Approval.
TOTAL COST: $395,645.26
INDIRECT COST: n/a
BUDGETED: Yes x
No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
Acct. 001-21000-530340
COST TO COUNTY:
same
SOURCE OF FUNDS: ad valorem
REVENUE GENERATED: Yes No x
APPROVED BY: Co. Atty.: ~urchaSing: Risk Management:
DOCUMENTATION: INCLUDED: :ii NOT REQUIRED:
/'(\(
\ller
DISPOSITION:
AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contrac THE FLORIDA KEYS SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, INC.
Contract #
Effective Date:
Expiration Date:
07/01/2010
06/30/2015
Contract Purpose/Description:
Contract Manager:
for BOCC meeting on
Beth Leto
(Name)
April 21, 2010
Operation of the Kev West Animal Shelter
4560
(Ext.)
Public Works - #1
(Department/Stop #)
Agenda Deadline: April 6, 2010
Total Dollar Value of Contract:
Budgeted? Yes IZI
Grant: $
County Match: $
No D
CONTRACT COSTS
$395,645.26
Current Year Portion: $98,911.31
Account Codes: 001-21000-530340
ADDITIONAL COSTS
For:
(e.g., maintenance, utilities, ianitorial, salaries, etc.)
Estimated Ongoing Costs: $ nla Iyr.
(Not included in dollar value above)
Division Director
Risk Management
PHL.
O.M.B./Purr~ing
County Attorney
Comments:
Date In
~ j/C I \ C
--:;: /l)-17:
'1. - J'2,_, /'1
~
..~
CONTRACT REVIEW
Changes
Needed 0 -i Reviewer
YesD No[J. j~) _k.t".. ,.
'\ -, l \
YesO Nod~!-51;;?'~i'-~
YesD NoD
YesD No~
Date Out
) Ji.... J i "
_"'~~_,cPP
.~=3'~}...,) ~! c..
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, ~. ) ()2;1 I
A.-'U-U'~~~~
/
RENEWAL AGREEMENT
(Operation of the Key West Animal Shelter)
THIS RENEWAL AGREEMENT is entered into this _ day of April, 2010, between
Monroe County Board of County Commissioners (COUNTY) and The Florida Keys Society for
the Prevention of Cruelty to Animals, Inc. (FKSPCA), (Contractor) in order to renew the
agreement entered into on May 18,2005.
WHEREAS, it is the intent of this Renewal Agreement to allow the County to exercise its
final option to renew the Agreement for an additional five-year period; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. In accordance with Section IV -REVEW AL of the agreement entered into on May 18,
2005, the agreement is hereby renewed for an additional five-year period.
2. The term of this Renewal Agreement shall be for a five-year period beginning July 1,
2010 and ending at 12:00 midnight on June 30, 2015
3. Effective July 1,2010, the annual contract amount is increased by 2.1 % CPI adjustment,
thereby increasing the annual payment to contractor from $387,507.60 to $395,645.26 or
$32,970.44 per month.
4. In all other respects, the remaining terms of the Agreement entered into on May 18,2005,
not inconsistent herewith, shall remain if full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in the
respective names.
Attest:
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Attest:
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Secretary
By:
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SWORN STATEMENT UNDER OY.DfNANCE NO. 10-]990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~ ~ warrants that he/it has not employed, retained or
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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 Sa.'tion 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in its discretion, tenninate this
contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to
the former County officer or employee.
STATE OF f~
COlJNTYOF ~ts(~
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PERSONALL Y APPEARED BEFORE ME, the undersigned authority, J A-P-e.
D ct w g-;; ",,_..5_who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above on this ~ day of JlhA-1! C ~ .) 8/ '()
2010
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My commission expires:
~':i\~~Y':~~<0 LUANN HUFF
* M' . '* MY COMMISSION * DO 637787
EX!fIRES: February 21, 2011
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37
ADDENDUM
lHIS ADDENDUM is entered into this 16th day of May, 2007, between the Monroe County
Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. (FKSPCA) (CONTRACTOR).
WHEREAS, on May 18,2005, the parties entered into a five-year agreement for animal control and shelter
services; and
WHEREAS, Contractor has requested a CPI increase of2.5% effective July 1, 2007 through June 30, 2008;
now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Section II of the Agreement dated May 18,2005, shall be amended by adding the following sentence:
The contract amount agreed to herein may be adjusted annually in accordance with the percentage
change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12
months available.
2. The remaining terms of the Agreement entered May 18,2005, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed III their
respective names.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest:
..~.DA ... .KOL~
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Deputy Clerk
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By:
Mayor, Mario Di Gennaro
FLORIDA KEYS SOCIETY OF PREVENTION OF
CRUELTY TO ANIMALS, INC.
Attest:
By:
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. President
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ADDENDUM
THIS ADDENDUM is entered into this 20th day of September, 2006, between the Momoe County
Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. (FKSPCA) (CONTRACTOR).
WHEREAS, on May 18,2005, the parties entered into a five-year agreement for animal control and shelter
services; and
WHEREAS, Contractor has requested a cpr increase of 3.4% effective July I, 2006 through June 30, 2007;
now then:fore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence:
The contract amount agreed to herein may be adjusted arumally in accordance with the percentage
change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12
months available.
2. The remaining terms of the Agreement entered May 18,2005, not inconsistent herewith, shall remain in
full force and effect
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
..; respective names.
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"'"';~,.'~'Ueputy Clerk
BOARD OF COUNTY COMMISSIONERS
OFMONROECOUNTY,aOIDDA
Mayor, Char~Y" MeC",y
By:
FLORIDA KEYS SOCIETY OF PREVENTION OF
CRUELTY TO ANIMALS, INe.
Attest:
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CONTRACT
(Operation of Key West Animal Shelter)
TInS CONTRACT, is entered this 18th day of May. 2005, by and between the
Board of County Commissioners of Monroe County, Florida (COUNTY), and THE
FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC.,
(CONTRACTOR).
WHEREAS, County has certain responsibilities under State and County laws, to
provide animal control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the ~est interest of the residents of
and visitors to the County that a contract with a private provider of such services, NOW
THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties
agree as follows:
I. TERM OF AGREEMENT:
This agreement shall be for a five (5) year period beginning, July 1. 2005 and ending at
12:00 midnight on June 30. 2010. The term of this agreement shall be renewable in
accordance with Section IV.
II. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under
this Agreement shall be $365,625.00 per annum. The County shall pay the Contractor on
a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or
$ 30.468.75 per month. The Contractor shall provide a monthly invoice on the 1 sf day of
each month to the Division of Community Services, and payment shall be made on or
about the 1 st day of the following month. In the event that funds are partially reduced or
cannot be obtained or continued at a level sufficient to allow for the purchase of the .
services contemplated, then the contract may be terminated immediately at the option of
the County upon written notice of termination being delivered in person or by mail to the
Contractor. The County will not be obligated to pay for any services provided by the
Contractor after the Contractor has received written notice of immediate termination.
III. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
operate the Key West Animal Shelter located at 5230 College Road, Key
West, Florida, 33040, and provide complete animal control and enforcement
services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including
the City of Key West.
1. STAFF: The Contractor will fully staff, operate and perform all
current functions of the Shelter, as further identified in the training manual to be
prepared by Contractor; said training manual will be reviewed and approved by
the Director of Community Services or his designee prior to implementation.
2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the
Monroe County Health Department and follow all local and state laws,
regulations and procedures, including but not limited to F.A.C. 10D-3.091,
Procedures for Control of Specific Communicable Diseases and Chapter 64B 16-
29, Animal Control Shelter Permits.
3. CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that
are brought to the Shelter or which become the responsibility of
the Shelter. All animals in the custody of the Contractor shall have
a constant supply of fresh water and be fed a diet appropriate for
their species, breed, age and physical condition.
(b) The Contractor shall provide appropriate care for sick and injured
animals in its custody and shall obtain the services of a
veterinarian who is licensed by and in good standing with the
Board of Veterinary Medical Examiners for the State of Florida for
consultations and/or professional services.
( c) The Contractor shall provide the personnel and materials necessary
to humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelter. The primary drug to be
utilized for euthanasia shall be sodium pentobarbital, and the
Contractor shall administer euthanasia to those animals designated
for destruction in a humane manner and consistent with state and
county laws and regulations. The Contractor's personnel who
perform euthanasia will have appropriate certificates attesting to
the employee's authority to perform euthanasia, and copies of the
certificates will be forwarded to the Director of Community
Services or his designee.
(d) The Contractor shall provide heartworm testing to all adoptable
dogs, provide deworming to all adoptable animals, and shall have a
program in place for flea and tick control. Contractor shall seek
funding sources to enable provision of feline leukemia virus testing
and, upon obtaining such funding, shall provide feline leukemia
virus testing for all adoptable kittens and cats.
4. MAINTENANCE OF PREMISES: The Contractor shall maintain the
Shelter, including kennel areas, cages and euthanasia room, and all
equipment in a clean, safe, and sanitary manner.
5. ADOPTIONS:
(a) The Contractor shall ensure that rabies inoculations will be given
to all adopted and redeemed animals as required by law.
(b) The Contractor will provide an adoption service through the
Shelter for the purpose of securing suitable homes for adoptable
animals. The Contractor shall follow appropriate criteria to insure
that each companion animal is given a suitable home through basic
screening procedures that evaluate both the animal to be released
and the potential adopter in an effort to assure that the animals
adopted are being placed in long-term homes. The screening
procedures shall be reviewed periodically by the Director of
Community Services or his designee as to form and practicality.
All adoptable animals will be available for inspection by the public
during normal working hours. The Contractor shall utilize the
Adoption Agreement attached hereto as EXHmIT "A," unless
modified by written and signed directive from the Director of
Community Services.
( c) The . contractor shall enforce the proVisions of the contract,
including, but not limited to, taking any action necessary to ensure
that an adopted animal is spayed or neutered prior to releasing the
animal or transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue
license certificates for dogs as required by the Monroe County Code
and collect the fees established by County Resolution therefor. The
Contractor will be responsible for determining that all requirements
have been satisfied by an applicant prior to issuing a license certificate
and shall remit all fees therefor to the County.
7. POLICIES AND PROCEDURES MANUAL: The Contractor shall
maintain a Policies and Procedures Manual for guidance of all staff.
At a minimum, it shall set forth the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other
disposal of animals.
3. Protocols for responding to calls for animal control services,
whether in the nature of law enforcement, pick-up of dead animals,
or other.
4. Protocols for daily maintenance of premises and equipment,
including vehicles.
5. Training Staff
a. prerequisites for certain positions
b. keeping staff current
6. Training provided* shall include:
a. Shelter Policies & Procedures (required of all staff,
including volunteers)
b. Basic Pet Care
c. Veterinary Health Care
d. Animal Behavior
e. Animal Handling
f. Breed Identification & characteristics
g. Obedience Training
h. Behavior Problem Solving
I. Counseling Methods
J. Conflict Management (required of all law enforcement
personnel)
k. Grief Counseling
1. Telephone Manners and Customer Service Skills
*Items a & j must be at least in part provided in a
classroom or seminar type setting, with live or video
teaching. All other training may be self-study, although
some in-person or video training is highly recommended.
Training shall be provided appropriate to the position filled
by the worker, whether that worker is an employee or a
volunteer.
7. Adoption Guidelines, which shall absolutely require sterilization
of all animals prior to release to adopter. Other guidelines shall
address, at a minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for
providing care, safe environment, veterinary bills for life of the
animal.
c. Animal's disposition and that of members (human and animal)
of the household to enhance as well as possible the probability
of successful placement.
8. HOURS OF OPERATIONS: At a minimum, the Shelter shall be open
to the public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday,
and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays.
Hours of operation may be adjusted only upon mutual written consent of the
County and the Contractor.
B. ENFORCEMENT SERVICES: The Contractor will provide complete
animal control and enforcement services within the Service Area described above,
including, but not limited to:
1. Training of Animal Control Officers: The Contractor shall provide
that all animal control officers complete the mandatory certification program
outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida
Animal Control Association); said training shall be completed on a timely basis
after a 90-day probationary period. The Contractor is to provide the Director of
Community Services, or his designee, with copies of the Animal Control Officer
Training Program Certificates.
2. Emergency services (24-hours per day17-days a week) for Priority One
calls which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
c. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis;
4. Picking up dogs that are running at-large;
5. Picking up cats or raccoons captured in cat or raccoon traps;
6. Non-emergency animal pick up from residential homes during normal
operating hours;
7. Picking up dead animals along County or City rights-of-way and arrange
for proper disposal in accordance with all applicable laws, regulations and
ordinances;
8. Disposing of any animals that are euthanized or that expire while in the
care, custody, or control of the Contractor, in accordance with all
applicable laws, regulations and ordinances.
9. Investigating all reports of violation of local and state ordinances and
regulations relating to animal control and, when warranted by the facts,
issue citations and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County
in court proceedings when required. Further, upon termination of this
agreement, the Contractor shall complete all cases originated by
Contractor including representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well
as the laws of the State of Florida.
C. FEES. The Contractor shall collect and remit to the County all funds that are
collected for fees, license certificates, citations, penalties, adoptions, etc. In this
regard, the Contractor shall issue receipts and keep appropriate records of all funds
received and shall provide the Director of Community Services or his designee with
copies of daily cash reconciliation forms, daily bank deposit information and
original license certificates that are issue on a bi-weekly basis. All funds must be
deposited into specific Monroe County bank accounts, and all requests for waiver of
any fines or fees owed to the County must be submitted in writing on the County-
approved affidavit form to the Director of Community Services or his designee, said
affidavit form is attached hereto and marked Exhibit "B." The Contractor shall
only charge fees as outlined in Monroe County Resolution No. 496-2000, as same
may be amended from time to time; said Resolution is attached hereto and marked
Exhibit "C." The Contractor shall not charge any other fees for services at the
Shelter unless authorized by the County to do so.
D. REPORTS. The Contractor shall provide the Director of Community Services
or his designee with copies of all bite reports and citations that are issued on a bi-
weekly basis. Contractor shall submit on a monthly basis to Director of Community
Services the following reports:
(1) Adoption Reports, by species & age (mature/immature), with separate
accounting showing
Pure breed; returns and reasons; adoption denials.
(2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also
showing manner received (telephone call, letter, visit to office, encounter in
course of duties); and the action taken for each.
(3) Euthanasia, by species & age (mature/immature), and showing number which
were feral, diseased or injured.
(4) Number of animals taken in, by species & age (mature/immature) and
showing numbers brought in, picked up & redeemed.
(5) County Fees collected, designating the fees collected for each of the
following: licenses,
pick-up, intake, boarding, adoption, disposal & euthanasia.
(6) Average number of days of boarding by species & age (mature/immature).
(7) Total number of animals (by species) at the shelter at beginning of month and
the total number of animals (by species) at the shelter at the end of the month.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a
hurricane or other natural disaster, the Contractor shall make its best efforts to properly
house and care for all animals. In this regard, the Contractor shall designate at least three
(3) employees who will be able to remain in the County to care during the disaster for the
animals which have not been evacuated and after the disaster for animals not evacuated
and any animals which are at large. The Contractor will supply those employees' names,
addresses and telephone numbers to the County Administrator who may, at his discretion,
require the Contractor to have the listed employees remain in the County during and after
a Category 1,2 or 3 Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the selVices designated for the
Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering
Plan to provide evacuation of pets of Special Needs Clients and assistance with care of
said pets.
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 or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in the Agreement.
IV. RENEWAL:
The County shall have the option to renew this agreement after the fifth year, for one (1)
additional five-year period. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI) for
all urban consumers (CPI-U) for the most recent 12 months available.
V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all
applicable fees for any permits and licenses necessary to operate the Shelter. By
signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set
forth in these contract documents. Proof of such licenses and approvals shall be submitted
to the County upon request. The Contractor has, and shall maintain throughout the term
of this contract, appropriate licenses and approvals required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner.
VI. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly
considered to be independent contractors in their performance of the work contemplated
hereunder. As such, the Contractor, its agents and employees shall not be entitled to any
of the benefits, rights or privileges of County employees. The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility
for the selVices to be provided.
VII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance.
Contractor shall provide services using the following standards, as a minimum
requirement:
A. The Contractor shall provide at its own expense all necessary personnel to
provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
VIII. UTILITIES: The Contractor shall be responsible for payment of all utility
charges for the Shelter. All utility accounts will be held in the Contractor's name.
IX. VEIllCLES:
The County hereby leases to the Contractor one (1) County vehicle currently assigned to
the Shelter identified as follows:
2003 Chevrolet Astro Van (Unit 0910/081)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies
necessary to operate the vehicles. In addition, the Contractor shall be responsible for
repairs to said vehicles and shall maintain them in accordance with the maintenance
schedule attached hereto as Exhibit "D." The Contractor shall provide an average of four
(4) oil changes annually for each vehicle, and shall schedule vehicle inspections with
Monroe County Fleet Management no less than three times annually for each vehicle.
The Contractor may choose the option of paying Fleet Management for oil changes and
preventative maintenance, at Fleet's current annual rates, or utilize private garages and
provide receipts to the Director of Community Services or his designee to document and
verify that the required maintenance has been performed. Nothing herein shall prevent
the County from inspecting the vehicles at any reasonable time.
X. HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners and the County Court of Monroe County from any and
all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason
of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor
or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained within this agreement.
Prior to commencing services under this agreement, the contractor shall furnish the
Owner Certificates of Insurance as indicated on forms entitled General Insurance
Requirements for Animal Control Contracts, Animal E&O, ED2, GLAnimals, VLl,
WCl, All Risk Property Insurance and TCS, as attached hereto and incorporated as in
EXHffiIT "E."
XI. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received
at the Shelter by Contractor. Said donations shall be used by Contractor only for the
benefit of shelter animals or animals for which Contractor provides spay/neuter or other
services, and shall not be used to defray or reduce County funding in the future. In the
case of donations solicited by third parties on behalf of the Contractor, the donating entity
must make its financial records pertaining to the donated funds available to
representatives of the Contractor and the County during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all
monies collected on behalf of the Contractor, minus an amount not to exceed 5% of the
total collected for administrative expenses, are in fact donated to the Contractor for the
benefit of shelter animals. If a prospective donating entity is unwilling or unable to
comply with the foregoing requirement, then the Contractor may not accept any
donations from that entity.
XII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition,
and the Contractor shall allow the County to inspect said facilities and equipment at any
reasonable time. In addition, all operating supplies and any additional equipment such as
catch-all sticks, cages and the like shall be the responsibility of the Contractor.
XIII. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an
inventory of all supplies, materials, medicines and equipment at each Shelter and the
inventory lists prepared therefrom shall be signed by both parties hereto.
XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by
the County and the district for which he shall provide services and has made
investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this
work and he assumes full responsibility therefor. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
XV. MAINTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelter
buildings, grounds, and equipment in order to keep same in proper working condition.
Prior to commencement of repairs, the County must be notified, in writing, of repairs
estimated to cost over $1,000.00. If such repairs are approved by the County, the
Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs.
XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelter, appurtenances, or
surrounding properties without the prior written approval of the County.
XVII. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its
items have been reviewed and approved by the Director of Community Services or his
designee. Requests for events shall be requested by the Contractor in writing and
approved by the County Administrator in writing. Funds raised by the Contractor from
fundraising or events at the Shelter shall only be used to benefit the shelter animals or
animals for which Contractor provides spay/neuter or other services, and shall not be
used to defray or reduce County funding in the future.
XVIII. NON-DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County or
Contractor agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (pL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS AND F ACILITIES/ AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally accepted
accounting principles, and allow the County to inspect its books and records and the
shelter facilities at any reasonable time. In addition, the Contractor shall, at its expense,
provide the County with an annual audit prepared by an independent Certified Public
Accountant. Contractor shall retain all records pertaining to this agreement for a period
of three years after term expires.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject
to any provisions providing exemption from disclosure.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be
given, bartered or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent
to the public upon payment of a deposit fee. All deposit fees collected by Contractor
shall be returned to the renter upon return of the trap or, if the trap is not returned to
Contractor, the deposit fee will be retained by the Contractor in order to purchase
replacement traps. At the end of this agreement, the Contractor will return the same
number of cat/raccoon traps to the County as the County had provided at the beginning of
this agreement. Nothing herein shall preclude Contractor from purchasing and renting its
own cat and raccoon traps.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services
furnished by the Contractor, shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
County may immediately terminate the Agreement due to any violations by Contractor
of criminal statutes governing humane and cruel treatment of animals. Any other
Contractor breach of this agreement shall be governed by the article above on termination
for cause.
The Contractor agrees that the County Administrator may designate representatives to
visit the facility(ies) periodically to inspect Contractor's maintenance of the premises,
and care provided to animals. The Contractor agrees that the County Administrator may
designate representatives to visit the facility(ies) periodically to conduct random open file
evaluations during the Contractor's normal business hours.
XXIV. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor
with written notice of termination at least sixty (60) days prior to the date of termination.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the
occurrence of anyone of the following events and same is not corrected to the
satisfaction of the County within fifteen (15) days after the County provides the
Contractor with written notice of said default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in
the custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelter in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
XXVI. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and Contractor, which approval shall be subject to
such conditions and provisions as the Board may deem necessary. This paragraph shall
be incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the board.
XXVII.
COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Contractor shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of, such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the contractor. The contractor shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this contract.
XXVIII.
DISCLOSURE AND CONFLICT OF INTEREST:
A. The Contractor represents that it, its directors, principles and employees,
presently have no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required by
this contract, as provided in Sect. 112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the
Contractor shall notify the County of any financial interest it may have in any and
all contracts with Monroe County.
XXIX. FINANCIAL RESPONSmILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
The Contractor further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this contract.
XXX. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
and
County Attorney
PO Box 1026
Key West, FL 33041-1026
and
James E. Malloch, Director
Monroe County Community Services Division
1100 Simonton Street, Rm. 2-256
Key West, FL 33040
FOR CONTRACTOR:
Gwen Hawtof, M.D. President
Florida Keys Society for Prevention
of Cruelty to Animals, Inc.
1901 South Roosevelt Blvd., 408N
Key West, FL 33040
XXXI. TAXES:
The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales
tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
the Contractor authorized to use the County's Tax Exemption Number in securing such
materials. The Contractor shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
XXXII.
GOVERNING LAWS:
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to attorney's fees and costs.
XXXIII. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide goods or
services to a public entity, may not submit a bid on a contract with a public entity for
construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S. for CATEGORY TWO for a period of36 months from the date of
being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00).
XXXIV. AUTHORIZED SIGNATORY: The signatory for the Contractor, below,
certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its
corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of
incorporation and a list of its Board of Directors.
XXXV. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor
for the services contemplated herein. Any amendments or revisions to this agreement
must be in writing and be executed in the same manner as this agreement.
WHEREOF the parties hereto have executed this Agreement on the day
,:~ten above in four (4) counterparts, each of which shall, without proof or
other counterparts, be deemed an original contract.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By: {)J~ >n ~
Mayor/Chairman
(SEAL)
WITNESS
FLORIDA KEYS SOCIEITY
PREVENTION OF CRUELTY
ANIMALS, INe.
~itle~1 mll
FOR
TO
Attest:
By:
By:
WITNESS
MONROE COUNTY AHO
APPROVED
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EXHIBIT" A"
FORMS REQUIRED TO BE USED BY CONTRACTOR
ADOPTION AGREEMENT
(ORGANIZATION'S NAME)
Monroe County, Florida
This Agreement is entered into between (name of Adopter), the "Adopter," and (name of organization),
the "Agency" this (.lli!y) day of (month) , 200_.
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
1. Agency shall release to Adopter the animal described in Receipt No.
2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on
a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without
further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital
disorder. Any return after that time or for other than a congenital disorder will be subject to the
Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter
care for the County shelter, none of the adoption or other related preparatory fees are refundable.
3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages
against Agency and Monroe County, their officers, employees, agents and representatives which may
result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for
the animal, damages or injury to property or person.
4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified
statement that the animal has been neutered/spayed or shall return the animal to the Agency for such
procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay
all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this
issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be
entitled to injunctive relief requiring the spay/neuter surgical procedure.
5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in
force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal
without first giving Agency the right to take possession and ownership of the animal, subject only to
the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter)
(Signature of Agency Representative)
EXHmIT "B"
AFFIDAVIT OF INABILITY TO
PA Y ANIMAL CONTROL CHARGES
t , (name) who being first duly sworn. in support of my request to have
certain Monroe County Animal Control charges waived, do certify that:
1. I am the owner of
(name(s) of animal(s)
who are, respectively,
, and
(specify species)
who have/has been picked up, housed or cared for by Monroe County Animal Control.
2.
For the period of
to
, $
(date of 1 st charge)
(date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay (check one)
1) the charges ( or)
2) any more than 5
without substantial hardship to myself or my family due to the following circumstances: (check all that
apply)
(A) My household gross monthly income from all sources is less than:
(1) $1,200 ifonly one person in household, or (2) $1.500 ifmore than one person in household.
(B) I do not have cash (including checking and savings account) in excess of $500.00.
(C) I owe debts due to illness or misfortunes of my family. If this item is checked. brieflv
describe in the space provided below:
(D) I do not own real or personal property which are not used by me for shelter and the
necessities of life. If this item is checked, briefly list and describe all real property and automobiles
owned by affiant:
4. If any statement herein is determined to be untrue, I agree to pay such charges as have been
waived as a result of this affidavit.
(signature)
SWORN TO AND SlTBSCRIBED before me this _ day of , 200_, by
, who is personally known to me _ or who produced
.as identification.
Notary Public - State of Florida at large
Concur
Animal Control Director
Concur
County Administrator
~ic Works Division
RESOLUTION NO.'196 -2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA. AMENDING ~SOWTlON NO. 136-2000
CONCERNING FEES FOR ANIMAL. CONTROL SERVICES: IN ORDER TO
INCREASE THE COUNTY LICENSE FEE FOR UNSPAYEDIUNNEUTERED
ANIMALS FROM $20.00 TO $35.00
BE IT RESOL.VED BY THE BOARD OF COUNT{ COMMISSIONERS OF MONROE COUNTY.
FLORIDA, as follows:
Resolution No. 136-2000 is hereby amended to read'as follows:
SERVICE
m
Pickup: .
The pickup fees set forth above shall b~' doubled jf the animal picked up was not vaccinated for rabies.
Board (per night) $ 10
1'ttime
2M time
3nl time and more within 12 months
$ 25
$ 50
$100
Adoption
Disposal
County License:
$ 10
$ 10
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$ 35
$ 2
Dimgerous Dog Certificate of.Registration
.First Year
Annual renewal
$100
$ 50
PASSED AND ADOPTED by the Soard of County Commissioners of Monroc County. Aorida, "t a
regular meeling of the Soard held on the 13 thday .of, 'Oecemb In'' " 2000. .
Mayor George Neugent. . :
Mayor Pro Tern Nora Williams'. <'.,:;
(:/0 tJ~. Commissioner Chanes "Sonny", M.cCoy' .
_ . . Commissioner Murray Nelson . >
\. . Commissioner Dixie Spehar '.
~
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./~ LKOCH E. CLERK .:.'...' / ~~~i~~~~~.O~~~~~NERS,
~(Jd~"""~~'0,e YL~A~\f
O""MaYOr/Chairm~ (s
APPROVED AS
B~ ~pFOR}~.
.~
DATE /1'- ?g:--,o,;:;,
EXHmIT "C"
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EXIllBIT "D"
51
EXHIBIT "E"
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Animal Control Contracts
As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-
staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The Contractor will ensure that
the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an
alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached
schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-staging
of personnel and material) until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Delays in the commencement of work, resulting from the failure of the
Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the Contractor to maintain the required insurance
shall not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,
or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by
the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by
Monroe County Risk Management.
ANIMAL CONTROL
ERRORS AND OMISSIONS LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal Control
Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
. False Arrest, Detention or Imprisonment
. Malicious Prosecution
. Wrongful Entry and Eviction
. Assault and Battery
. First Aid E&O
. False or Improper Service of Process
. Violation of Property Rights
. Violation of Civil Rights
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limits (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
ANIMAL E&O
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insuranc
which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractor's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shalI be:
$100,000 per Occurrence
ED2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
AN~LCONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Li.a~ility Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minImum:
. Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
GLAnimals
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization
shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be
maintained throughout the life of the Agreement and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
. Physical Damage Protection
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. In addition, the Monroe County Board of County
Commissioners shall be named as "Loss Payee" with respect to the physical damage protection.
VLl
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
A~CONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be 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, and the company or companies must maintain a minimum rating of A-VI, as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
WCl
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHEL TERS/
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrganizationlIndividual taking possession of the property governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of
Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented.
Coverage shall be maintained throughout the life of the LeaseIRental 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.
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
Indemnification and Hold Harmless
for
Animal Control Contracts
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured - If a letter from the Insurance Company
(not the Agent) is presented, stating that they are unable or unwilling to name the County as an
Additional Insured, Risk Management has been granted the authority to waive this provision.
and
. The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for
consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision making authority.
MONROECOmnY,~ommA
Request For Waiver
of
Insurance Requirements
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.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date:
Resolution No.
165 - 2005
A RESOLUTION CONCERNING mE 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
2005, 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 2005 as, hereinafter set forth to
and from the following accounts:
Fund # 001- General Fund
From: 001- 5130-85500-590990
Cost Center # 85500-Reserves 001
For the Amount: 512,968
To: 001-5620-21000-530340
Cost Center # 21000-Animal Shelters
Other Uses
Other Contractual 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 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 18th day of May AD 2005.
Mayor Spehar Yes
Mayor Pro Tern McCoy Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Nelson Yes
52 ;:)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: -i)j >n ~
ayor/Chamnan
Item 5 transferpwgastax Page I of I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/21/10
Division: Public Works
Bulk Item: Yes X No
Department:
Fleet Management
Staff Contact PersonlPhone #: Roy Sanchez / 292-3572
AGENDA ITEM WORDING: Approval to amend and renew the existing bio-diesel fuel contract
with Blaylock Oil Company for delivery ofbio-diesel fuel for one additional year.
ITEM BACKGROUND: Our existing contract allows the County to renew the contract for two
additional one-year periods, this being the first one-year extension. Blaylock Oil Company has agreed
to the amendments and one year renewal at zero increase over the original agreement for their delivery
servIces.
PREVIOUS RELEVANT BOCC ACTION: In May of 2009, the Board authorized execution of the
current contract with Blaylock Oil Company.
CONTRACT/AGREEMENT CHANGES: Annual fuel usage is down due to the School Board's
decision to purchase and use petroleum based diesel fuel rather than bio-diesel at their sites.
STAFF RECOMMENDATIONS: Approval to the agreed upon amendments and renewal of
contract for first additional year.
TOTAL COST: Approx. $200.000.00 INDIRECT COST:
BUDGETED: Yes ]LNo
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: Approx. $130.000.00
SOURCE OF FUNDS: 504-23502-530523
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Blaylock Oil Company Effective Date:5/20i 10
Expiration Date:5/19/1I
Contract Purpose/Description: Supply bio-diesel fuel to Monroe County and Monroe County
School Board fueling facilities throughout the Keys.
Contract Manager:Roy Sanchez
(Name)
for BOCC meeting on 4/21/10
3572
(Ext. )
Fleet Management
(Department)
Agenda Deadline: 4/6/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $200,000.00 Current Year Portion: $75,000.00 approx
approx
Budgeted? YesC8J No 0
Grant: $_
County Match: $_
Account Codes:
ALL DEPARTMENTS PLUS OTHER
AGENCIES-_-_-_-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
'<ffa~1 ;n
Division Director :2 ~l 0
......, "~'. I
~;~Manage~nt ,':, ,~! .~i
o .M.B.lPur~Sing .'J} \ ':'C \ ! C
County Attorney ,J\-L~0
Comments:
OMB Form Revised 9/11/95 MCP #2
CONTRACT REVIEW
Changes
Needed
YesONoGr
YesO No[J
YesO No[Y]
Y esO No~
Bf...t.'-' ..'. .. Reviewer
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A~fENDI\1ENT A~D 1ST RENE\Vr\L AGREE"ENT
810 OlES[L Fl'EL S\IPPLlER
THIS AGREEMEJ\ T is made and eme-red into this 21" day or ApriL 201 {) between the
COUNTY OF MO~ROE and BLAYLOCK OIL COMPANY in order to renew the
ilgreement between the partie" dated May 20th 200\)
in accordance with Paragraph II( B) of tl1e2009 agreement. the County hereby exercises
its option to renew Ihe Agreement r~1T the 1 q additional one-year term beginning May
2(1111. 20 I 0
-~
Item 1 I)ESCRJIT10I\
A The Contractor shall deliver approximatel..... 70.000 gallons oCBio-Diese1 ((85
thru B00 as requested), must meet ASTM industry standards) to locations in the
Kev West. \tIarathon, and Plantation Kcv areas annually as requcf;tcd by ordering
Monroe Count..., dcpartmt'nts and onlhe dates requested hy' such department:,
fuel shall be delivered the next day if requested by 400 P!\t
"\ hcnl ). P~A.. Y\'fE_~I
B Monroe County mav not be charged more lhan the foJlov.,jng prices Jjsted above
market (I{ACK) price from dale delivered
13-"
'5 n.n' Kc~ WC<;1
Ii Il 2_, 7_Sugarloaf ii I) 2.; 7 Mmathon $ () 237 _Planlalioll Ke~
S ()2L___Kt?~ Largo
810
'1i 01,"7 Key \Vcst
'l; 92'" Sugarlo<lf S 11. .::17 \1arathon
'j; 1l2;7_Pbnt<Jlion Ke\
1i Q, 2., 7 KCT Largo
82.0
S fl.1)"7 Kc~ West
$ O,2}i Sugarloaf '1; ~LPJ JVlaf<l1hon $ o_l_E_ Planlallon Kc~
'\; (l2}7 K0 Largo
\ 0\'0
.1-
-q \ \
~
It,O
9i 12)37 K.c~ West
B5Ci
,,(iD7 Kc~ \\/C,l
Bill
S IL2';>)_ f(C\ WCSl
INLJ
$ iI"21L Kc~ \\Iesl
s ()~; 7 Sligar loaf
~ ~.{ i7 _S II g.'l r 100'1 f
s Ll.l.'.7 . Sug.1rloilf
}; () 1 ~ 7_ SlI gartoilf
s on~ Key West
LLl1ra 1.9\V_~ulf~Clear Qiesel hlt!
'b (ll~Z_Sllgarloar
<., II 2l7..f-:n \l,ieo;l
l 'It!:<l Lo~~S.ultw- Dved Diesel Fud
'Ii O)U Sll~arloaf
S l]"p 7 \ 1ar,lIhclIl
1> (lJl' '1;Jr::1111ll11
); U2_"..Mamlholl
S 1J)}7 Marathon
'\. (~23' Mar~J1holl
$. U_~., 7.M:umholl
'\. IJ. 2 _,.,. Plcllltmioll K.e\
s 0.13.l PbnlallOll Kc\
'\. 11~~PlanlatiOI\ KiC\
'\. ~)~ ~n PI;mwion KeY
'\. 12.-~~ . PI:IllWUOll l\:.n
$ 0.2J 7. Plantation l\:.cy
'Ii OJlLKc~ Largo
S (ll"Lhe\ Largo
'!; It:n 7 Kcy LH~0
'); Q.2.1"i _Key Largo
s nlJLKc~ Lnfo
$ () 2' 7 r-:.c~ Largo
--I In all other rcspe..:ts, the agreement between the parties dated \'lay 2lJLI'. 2009 remains in
full force and effect.
, .., ~ \.iJ
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11\ WIT~ESS WI1EREOF. the parties have hereunto set their hands and ~eaL the day and year
first written above
(SeAL)
A TTFST DANNY L KOLHAGL CLERK
Rv
BOARD OF COUNTY COMMISSIOl\FRS
OF MONROE COLNT'(, FLORIDA
Bv
\'favor! Chairman
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CONTRACT
Bla-DIESEL FUEL SUPPLIER
THIS AGREEMENT, made and entered into this 20TH day of May, 2009 by and between the
COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida
hereinafter called "County" and BLA YLOeK OIL COMPANY hereinafter called "Contractor".
WITNESSETH: .
That the parties hereto for the consideration hereinafter named, agree to the following:
1. DESCRIPTION
A. The Contractor shall deliver approximately 200,000 gallons of Bio-Diesel fuel ((820 thru B99 as
requested), must meet ASTM industry standards) to locations in the Key West,. Marathon,
Plantation Key, and Key Largo areas annually 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.
B. The Contractor shall have ability , and may be required to deliver Ultra Low Sulfur Clear DieSel
Fuel, and/or Ultra Low Sulfur Dyed Diesel Fuels on an as needed basis after a hurricane,
natural disaster or other emergencies to locations in the 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 delilvered the
next day if requested by 4:00 PM.
C. Deliveries win be in quantities of less than One Thousand (1000) gallons to. Two Thousand Five
Hundred (2,500) gallons (Full Tanks). The Contractor shall have a metered tanker for all
deliveries and shall be required to itemize invoices for each delivery under this provision.
Additionally, the Contractor shall be required to show proof of purehased price per gallon from
Terminal.
D. Upon request by the County, Contractor shall provide documentation supporting most recent
pump meter certification.
E. All deliveries must be witnessed and delivery tickets must be signed and dated by Monroe
County personnel.
F. The Contractor shall have the capability to pump fuel into aboveground fanks through standard
quick detachable couplings.
G. The County reserves the right to purchase from any licensed Contractors as needed in cases
when the Contractor cannot deliver, or in a case of emetgency as deemed best for the interests
of the County.
2. TERM OF CONTRACT
A. This contract shall be for a period of One (1) year commencing upon the day in which it has been
exeClited by both parties.
B. The County shalt have the option to renew this agreement after the first year, for two (2) additional
one (1) year periods.
, .
I
'.3. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contrador or any of its Subcontractor(s) in any tier, occasioned by the negligence or other wrongful ad or
omission of the Contractor or its Subcontrador(s) in any tier, their employees, or agents. The extent of liability
is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
4. INSURANCE
Prior to execution of this agreement the Contractor shalf furnish the County Certificates of Insurance indicating
the minimum coverage limitations as stated in the General Insurance Requirements for Suppliers of Goods or
Services section of this contract.
5. PAYMENT
A. Price per gallon sha1l refled (Contractor Purchase Price) Terminal (RACK) charges.
B. Monroe County may not be charged more than the following prices listed above market (RACK)
price from date ordered.
B20
$ 0.237 Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 Plantation Key
$ 0.237 Key Largo
B30
$ 0.237 Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 PJantation Key
$ 0.237 Key Largo
B50
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 Plamation Key
$ 0.237 KeyLargo
B70
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon .. $ 0.237 Plantation Key
$ 0.237 Key Largo
B99
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 Plantation Key
$ 0.237 Key Largo
Ultra Low Sulfur Clear Diesel Fuel
$ 0.237 Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 Plantation Key
$ 0.237 Key Largo
Ultra Low Sulfur Dved DieseI Fuel
$ 0.237 ~ West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 Plantation Key
$ 0.237 Key Largo
',' '.
C. The Contractor shall submit invoice to the County, itemizing the delivery location, the requesting
department, the RACK prices, and all taxes, for each delivery to the locations described herein.
D. Upon receipt of Invoice the County shall have thirty days to render payment to Vendor.
E. Diesel fuels taxes must be itemized on each invoice.
6. INDEPENDENT CONTRACTOR
At all times for all purposes under this agreement the Contractor is an independent Contractor and not an
employee of the Board of County Commissioners for Monroe County. No statement contained in this
agreement shall be construed so as to find the Contractor or any of hislher employees, Sub-contractor(s),
servants, or agents to be employees of the Board of County Commissioners for Monroe County.
7. ASSURANCE AGAINST DISCRIMINATION
Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex,
age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting,
terminating, or any other area affecting employment under this agreement or with the pl:Ovision of services or
goods under this agreement.
8. ASSIGNMENT
Contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval
of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions
and provisions as the County may deem necessary. This agreement shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall comply with all of the provision of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any obligation upon the County in addition to the total agreed-upon price of the services/goods of the
Contractor.
9. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations applicable to this agreement A violation of any of the statutes, ordinances,
rules and regulations applicable to this agreement shall constitute a material breach of this agreement and
shall entitle the County to terminate these Contractor immediately upon delivery of written notice of termination
to the Contractors.
10. NOTICE REQUIREMENT
Any notice required or pennitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified man, returned receipt requested, to the following:
For County:
Monroe County Fleet Management
3583 S. Roosevelt Blvd.
Key West, FL 33040
WIth a copy to:
Suzanne A Hutton'
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
For Vendor:
Blaylock Oil Co.
724 S. Flagler Ave.
Homestead, FL 33030
I ~ . . .
11. .. FUNDING AVAILABILITY
In the event that funds from Fleet Management Services operating Gasoline and Diesel Accounts are partially
reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of
services/goods specified herein, this agreement may then be terminated immediately at the option of the
county by written notice of termination delivered in person or by mail to the Contractor. The County shall only
be obligated to pay for any goods delivered by the Contractor until the Contractor has received written notice of
termination due to lack of funds.
12. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed by the project herein described, subject to the terms and conditions set forth in the Notice of
calling for Bids. The Contractor shall at all times exercise independent, professional judgment and shalf
assume professional responsibility for the services to be provided. Continued funding by the County is
contingent upon retention of appropriate local, state, andior federal certification and/or licensure of Contractor.
13. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted Contractor list fOllowing a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, and may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO ($3000.00) for a period of 36 months from the date of being placed on the convicted vendor list
14. TERMINATION
If the Contractor fails to fulfill the terms of this agreement, or attachments, properly or on time, otherwise
violates the provisions of the agreement, the County may terminate the contract by written notice. The notice
shall specify cause. The County shall pay the Contractor the contract price for goods delivered but not paid for
on the date of termination, less any amount of damages caused by the Contractor's breach. If those damages
are more than the amount due the Contractor then the Contractor remains liable to the County for the excess
amount. .
15. BOOKS. RECORDS. AND DOCUMENTS
Contractor shall maintain. all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shaD have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement If an auditor employed by the County or Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
16. GOVERNING LAW. VENUE, INTERPRETATION
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in
the State.
, "
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue. will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
17. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance
or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close' as possible to the intent of the stricken provision.
18. A TTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated
or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shal1 be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the
County and Contractor and their respective legal representatives, successors, and assigns.
20. 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.
21. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shaJl be attempted to be resolved by meet
and conter 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 shan be discussed at a public meeting of
the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
23. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the formation,
execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to
the substance of this Agreement or provision of the services under this Agreement County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
24. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (Pl 88-352) which prohibits discrimination on the basis of race, color or national origin;
2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of seX; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (Pl 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC S5. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968
(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter Of, this Agreement.
25. . COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its perfonnance under this Agreement, and that only interest
of each is to perfonn and receive benefits as recited in this Agreement.
26. CODE OF ETHICS
County agrees that officers and employeeS of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, SOlicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of publiC position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
27. NO SOLlCITATION/PA YMENT
The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company.
or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to tenninate 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.
28. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and
the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor. .
29. NON-WAIVER OF IMMUNITIES
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the
Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance
coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to
the extent of liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver. .
30. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions
and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County: when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
31. 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.
32. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the tems, or any of them, of this Agreement to enforce or
attempt to enforce any third-party daim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to . the community in general or for the purposes
contemplated in this Agreement.
33. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity
Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
34. 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.
35. 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.
36. 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 interpretatlon of
any provision of this Agreement.
37. MUTUAL REVIEW
This agreement has been carefully reviewed by CONTRACTOR and the COUNTY, therefore this agreement is
not to be construed against either party on the basis of authorship.
38. INDEMNIFICA TIONIHOlD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, Oi)any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii)any costs or expenses (including, without limitation,
costs of remediation and costs of additional security measures that the Federal Aviation Administration, the
Transportation Security Administration or any other governmental agency requires by reason of, or in
connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and
penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other
invitees on the Airport during the tenn of this AGREEMENT, (8) the negligence or Willful misconduct of Lessee
or any of its employees, agents, contractors or other invitees, or (C) lessee's default in respect of any of the
obligations that it undertakes under the tenns of this lease, except to the extent the claims, actions, causes of
. action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar
as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the tennof this lease, this section will survive the expiration of the term of this
lease or any earlier termination of this lease.
In witness whereof, the parties hereto have executed this agreement the day and year first above written,
(Seal)
Attest DANNY L KOlHAGE, CLERK
~~
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Sy\., ~ .....-
puty Clerk
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
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Mayor/Chairman
BY
(Corporate Seal)
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RISK MANAGEMENT
POllCY AND PROCEDURES
CONTRACT ADMlNISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any
attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained
will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may
require all Subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (mcluding pre-staging of
personnel and material) until satisfactoty evidence of the required insurance has been furnished to the County as
specified below. Delays in the commencement of work, resulting from the failure Of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date
and time, except for the Contractor's failure. to provide satisfactoty evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the
completion of work resulting from the fiillure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments shall be
~mposed as if the work had not been suspended, except for the Contractor's fuilure to maintain the required
msurance.
The Contractor shall provide, to the County, as satisfactoty evidence of the required insurance, either:
.. Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified Copy of any or all insurance policies required
by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the
insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor
from any liability or obligation assumed under this contract or imposed by law. .
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the County
prepared form entitled "Request for W aiverof Insurance Requirements" and approved by Monroe County
Risk Management.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT BIO-DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
BLAYLOCK OIL COMPANY
Prior to the commencement of work governed by this contr~ the Contractor shall obtain General Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injwy Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract In addition, the period for
which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of
work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfY the above requirements.
Gl3
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT BIO-DIESEL FlJEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
BLAYLOCK OIL COMPANY
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injwy by Accident
$500,000 Bodily Injwy by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a.company or companies authorized to transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractors status. The Contractor may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,
the Contractor maybe required to submit updated financial statements from the fund upon request from the
County. .
WC2
VEHICLE LlABllJTY
INSURANCE REQUIREMENTS
FOR
CONTRACT BIO-DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
BLAYLOCK OIL COMPANY
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the
commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the
life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:.
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minirnumlimits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Momoe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. . .
VL3
HAZARDOUS CARGO TRANSPORTERS LIABILITY
INSURANCE REQUIREMENTS
FOR .
CONTRACT BIO-DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FWRIDA
AND
BLAYLOCK OIL COMPANY
Prior to the commencement of work governed by this contract, the Contractor shall purchase Pollution Liability
Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance
with the Motor Carrier Act, the policy should be endorsed with an MCS-90 Endorsement, demonstrating
financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy
shall be removed.
The nllnimum limits acceptable shall be:
$1,000,000 per Occurrence
VLP3
I,
" my oath, and un
NON-COLLUSION AFFIDAVIT
of the city of ~\M~~A..f) (A-
r penalty of perjury, depose and say that:
according to law on
1. I am L.U. fb\~lo(.,\L J Qen
ofthefirmof~<JL D',L ~VlAfD..Vl1
making the Bid for the services/work/project de'scribed in the Request for Bids for:
- 'N - - - Ll... fUd and that i
executed the said Bid with full authority to ao so:
2. The prices in this bidlBid have been aniVed at independently without coli usion , consultation,
communication or agreement for the purpose of restricting competition, as to any matler relating to
such prices with any other bidder or with any competitor.
3. Unless othelWise required by law, the prices and percentage of return which have been quoted In
this bid/Bid have not been knOwingly disclosed by the responder and will not knOWingly be
disclosed by the reSpbnder prior to bid/Bid opening, directly or indirectly, 10 any other
bidder/responder or to any competitor.
4. No attempt has been made or will be made by the bidder/responder 10 induce any other person,
partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restri.C/ing
competition.
5. The statements contained in this affidaVit are true and correC/, and made with full knowiedge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts ~ t r:' service ork.
tl:. Mcw~ "1 2.Od 9
(Date)
STATE OF:
(:' lo",,'JfA....
DtLc-l<..
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, L. H . e,~ loc..ft:. who, after
first being SWorn by me, (name of indiVidual signing) affixed his/her signature In the space proVided above on
this ~ day of ~ 20a,.
N'0'l'AKY Pl1.Bue-srATE OF .FLORIDA.
@.JuanSanohez
Commission # DD679118
IIp.lrea: lULY ta.20U
som;lDtHlil' ATLAfI:rIc!llClIUmtGco.-.
- SVCLV\. S~
UBLlC
My Commission Expires:
~\Jl'1 \3 t "lOt {
.
. ". '. ..
DRUG-FREE WORKPLACE FORM
ned Contractor/biqderlresponder in accordance with Florida Statute 287.087 hereby certifies that:
\L. tL
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will
be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,' and
the penalties that may be imposed upon employees for drug abuse violations.
3. Gives each. employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so cOnvicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
statement, certify that this firm complies fully with the above
~ 'I 1 260~
Date
STATE OF:
Rov.J~
'))cdk-
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, k\A....g.,'~ \oe..tL- who, after
first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on
this \ l-n. day of M (........--t... 20
I~~o. 'n.oDm~
J IlIaD Sanc.hei......,.
. .~D6mJ8
. 1BIr4ftafte~2OU
. .1Ilt
- Jv,-,- S
~
My Commission Expires: J" ~ I ~ .2-0 l ,
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
l.t-t.
"
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee".
~~.m~IL.c.k
(Signature) "
Date: M Cl.v~ \ -"1 f 1..-00 1
STATE OF:
Plo~" J."....
1)wk
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
L. t-\. ~ ~lt,('J k:-
~t..l- l '1 .rz..." t:)~
(name of affiant). He/She is Rersonally
- -
known to me or has produced
_.
N/A
as
identification. (type of identi.fication)
NOTARY Pu.BUC-8TATE OFFLORIDA
/.hi\ Juan Sanchez
\!EItI:.~~~m;;'
IOMDtD 11DI1 A'JLUlr!C BUfDINO co., me..
....
My commission expires: .:rvt...,11 f ZOH
;
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/21/1 0
Division: Public Works
Bulk Item: Yes ~
No
Department:
Fleet Management
~
Staff Contact PersonlPhone #: Roy Sanchez /292-3572
AGENDA ITEM WORDING: Approval to renew the existing Emergency Generator Maintenance
Contract with All Power Generators, Corp. for one additional year.
ITEM BACKGROUND: Our existing contract allows the County to renew the contract for two
additional one-year periods, this being the second one-year extension. All Power Generators, Corp. has
agreed to the one year renewal at zero increase over the original agreement.
PREVIOUS RELEVANT BOCC ACTION: In May of 2009, the Board authorized execution of the
first one-year extension of the current contract with All Power Generators, Corp,
CONTRACT/AGREEMENT CHANGES: Renew contractor for one additional year; new term is
August 1,2010 to July 31,2011.
STAFF RECOMMENDATIONS: Approval as stated above and authorization for the Mayor to
execute the second one-year renewal for same.
TOTAL COST:
NTE $37.500.00 INDIRECT COST: BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SAME
SOURCE OF FUNDS: 504-23503-530-340
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included -L
Not Required_
DIsPosmON:
AGENDA ITEM #
Revised 7/09
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
Roy Sanchez, Director
Fleet Management Department
DATE:
March 25th, 2010
RE:
Agenda Submission / Information Memo
The attached BOCC agenda item is to request approval to renew the current Emergency
Generator Maintenance Contract with All Power Generators, Corp. for one additional year. This
will be the second of the two one-year renewals.
All Power Generators, Corp. has agreed to the one year renewal at zero increase over the
original agreement.
The Fleet Management Department recommends approval to renew the current contract
with All Power Generators, Corp. for the second one-year renewal.
Thank you.
MONROE COUNTY BO'\RD OF COlNTY CO\IMISSIO[>.,ERS
I. CONTRACT SLfMMAR'y'
Contract #
Contract with'.AJ] Power Generator. Corp. Etlcctive Dale:OS/01!l 0
Expiration Date 07/31/1 1
Contract Purpose/Des<,;ription:Emergency !!enerator illspection~Uln,:tdcQ.trical repairs. upper.
middle. and lower kQ)'s faciltlies from_Key \Vesl to Cardsoun~
Contract ManagerRoy Sanchez
(0J ame )
3572
(Ext.)
Fleet MaJ~meJlt Services
tDcpartrnent)
for BOCC meeting on 04/7]/10
Agenda Deadline: 04/6/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $lJ,5j)Q,D.Q Current Year Portion:
appro;>;,
Budgeted? Yes0 No [J
Grant
County Match $
$5,4 10,00 approx
Account Codes
504-23 =iCl3-5) 0-340-_
- - -
~---~
!\DDlTIO"JAL COSTS
Estimated Ongoing Costs: $!JnkllQ\l{lj/yr Forl,l!lexpecle~L~irs
(NOI include\! III doHm valnc aboyc) (ell'. maintenance, utilities, janilOrlllt >illaries, etc,)
CO.:.fTRACT REVIEW
Division Director
:4!lJ;~
ChangC'~
Needed
YesD NoD
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.uw:~l\L AGRl';EMENT
nus AGRm~MENl is tlludt 1100 enlerell jpl(. 111>s 21.~" day of fu!ti.1, ;20 1 f) bClwe\l1l the
COUNTY OF MONROE llnd ALl. POWER CI<:NERA TOilS, COn-Po in order 10 rencw the
, lljp'UDll:l\1 betwllf,\llhe panies dlltel.1 A\lgU51 1<', 200ft
). JIIlIccllrdllllce wilh j>al'aW~Jlh 6(HI (11'1 he Z(lOB I\gre<:rnenl, lite Counly h()l~by exercises
its oJllioll'lrl renew thll Agreemal'll for 011 additional OIlC-yeloll IeI'm bCBinning AU8u~1 j".
2010.
2, 'In all olht'f re.~pecls. the agreiSlll~nl be,,~~n IlIe rarlie, dlllOO AU!.lu61 1'1,200& lelllKitlS in
nlll toroe and effect,
iN WITNESS WHERE01". rhe I}/fftleli have )1I~l'IllJlIIO sel their "llntls Dud seal. Ihe <III,\' Ollt! ytroJ
nISI w\iltel\ nbove.
(SEAL)
ArreST; DANl'N L, KOLHAGE. Cl.ERK
By_~.,_._..__.__..,.,.,___n_"
BOARD OF COUNn' COMMJ$S10NEr<.S
OF MONROE COUNTY. PLORIDA
I\y_. .~
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MaYlW/ Chain"illI
W.ITNESSES:
::,_:_I'ONERODNERA 'ORS.~'~P41! /jiO/O
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CONTRACT
THlS AGREEMENT, made and entered into this ISth day of June, 200S, A.D., by and between MONRO]
COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and ALL POWER GENERA TORS, CORP
(hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
1. TIlE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists of th.
contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, the approved inspection checklist,
and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and all required insurance documentation.
3. SCOPE OF THE WORK
The Contractor shall provide all necessary supplies and equipment required in the performance of same,
and perform all of the work described in paragraph 43, and as entitled:
EMERGENCY GENERATOR INSPECTIONS
AND REPAIRS
UPPER, MIDDLE, AND LOWER KEYS FACILITIES
FROM KEY WEST TO CARD SOUND
MONROE COUNTY, FLORIDA
And his bid dated APrillOlh. 2008. attached hereto and incorporated as part oftbis contract document.
The specifications shall serve as minimum contract standards., and shall be the basis of inspection and
acceptance of all the work.
4. THE CONTRACT SUM
The Owner shall pay the Contractor in accordance with the following schedule:
A. Labor for repairs - normal working hours of 8:00 am. to 5:00 p.m. Monday through Friday,
excluding holidays $ 50.00 per hour mechanic/$ 20.00 per hour helper.
B. Labor for repairs - overtime rate for hours other than the normal working hours as stated in item
(A) above, including holidays, $ 60.00 per hour mechanic/$ 25.00 per hour helper.
c.
Materials, supplies, and replacement parts - purchase price plus 20
will be reimbursed
%. Shipping charges
D. Hourly rate for specification development and other professional services $60.00 per hour.
E. Hourly rate for hours of 8:00 a.m. to 5:00 p.m. during assignment to the ovmers Emergency
Operations Center (EOC) excluding actuaI electrical/generator maintenance and repairs $ 50.00
Per hour.
F. Hourly rate for hams other than the hours as stated in item (E) above, during assignment to the
owners Emergency Operations Center (EOC) excluding adua1 electricaJ/generator maintenance
and repairs $60.00 per hour.
Note: There are lib oJJitimud costs for travel, miletlge., meoJs, or WgiRg.
5. CONTRACIOR'S ACCEPTANCE OF CONDmONS
A Tbe Contractor hereby agrees that he has carefully examined the site and has made investigations to
fully satisfY himself that such site is correct and a suitable one fOr this wode and be assumes full
responsibility therefore. The provisions of the Contrnct shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency fOr the work: to be done. Under no
circumsumces, conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and
his decision shall be final and binding upon all parties.
C. The passing. approval, and/or acceptance by the Owner of any of the services furnished by the
Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this
Contract, and specifications covering the senrices. Failure on the part of the Cootrnctor, immediately
after Notice to Correct sbaJI eJJtitle. the Owner, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who sbaJI in any event be jointly
and severally liable to the Owner fOr all damage. loss, and expense caused to the Owner by mlSOIl of the
Cootra<:tor's breach of this Conmrct and/or his filiJure to comply strictly and in all things with this
Contract and with the specifications.
6. TERM OFCONTRACTIRENEWAL
A This cont:rnct shall be fur a period of one (1) year, commencing J\1I~1"lt 1st. 2008. and terJ11inating July
31st. 2009.
B. Tbe Owner shall have the option to renew this agreement after the first year, and each succeeding year,
:fur two additional one year periods. The Contract amount agreed to herein may be adjusted annually in
accordaace with the percentage change in the Consumer Price Index fur all uIDan conswners (CPI-U)
:fur the most recent twelve (12) months available.
7. HOLD HARMLESS
The Conlractor covenants and agrees to indemnify and hold bannless Monroe County Board of County
Commissioners fiom any and aU claims :fur bodily injury fmcluding death), personal injwy, and property
damage (1DCluding property owned by Monroe County) and any other losses. damages. and expenses
(mcluding attorney's fees) which arise out ot: in connection with. or by reason of services provided by
the Contractor or any of its Subcootrnctor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its SubconIractors in any tier, their employees, or agents.
2
In the event the completion of the project (to include the wolk of others) is delayed or suspmded as a
result of the Contractor's &iJure to purchase or maioolin the required insurance, the Cootr.lctor shall
indemnifY the County fiom any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contrnctor is for the indemnification providtxl
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
8. INDEPENDENT CONTRACfOR
At aU times and for aU purposes under this agreement the Contractor is an independent contractor and not
an employee of the Board of County Commissioners for Monroe County. No statement cODtained in this
agreement shall be construed so as to find the contrnctor or any of hisIher employees, cont:mctolS,
servants, or agents to be employees of the Board of County Commissioners fur Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor sbal1 not discriminate against any person on the basis of race, creed, color, national
origin,. sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,
promoting, terminatine. or any other area affecting employment under this agreement or with the
provision of services or goods under this agreement.
10. ASSIGNMENTISUBCONTRAcr
The Contractor sbal1 not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners for Monroe County and
Cont:rnctor, which approval sbaII be subject to such conditions and provisions as the Board may deem
net:essaI}'. This paragraph sbaU be incorporated by reference into any assignment or subcontrad: and any
assignee or subcontractor sball comply with all of the provisions of this agreement. Unless expressly
provided fur therein, such approval shaU in no manner or event be deemed to impose any obligation upon
the board in addition to the tota1 agreed-upon price of the services/goods of the contractor.
11. COMPLIANCE WTIH LAW
In providing all servicesfgoods pursuant to this agreement, the contractor sbal1 abide by aU statutes,
on:Iinances, rules and ~,I:ttiorl pertaining to, or JeBldating the provisions ot: such services, including
those now in effect and hereina:ftec adopted. Any violation of said statutes, ordinances, roles and
regulations shall ronstitnte a material breach of this agreement and sbaU entitle the Board to terminate
this contrad immediately upon delivery of written notice of termination to the cootrnctor. The contractor
sbaU possess proper licenses to perform work in accordaoce with these ~ficatjons tbroughout the
term oftbis contract
12. INSlJIIANCE
Prior to execution of this agreement, and maintained throughout the life of the contract, the contrnctor
sbaU furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed
below:
3
A Gener.ll Liability - include as a minimum:
. Premises Operations
· Products and Completed Operntions
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shalJ be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shaJl be: $100,000 per person;
$300,000 per Occurrence; and $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 fur a minimum of twelve
months fullowing the accq>taooe of work by the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDIDONAL INSURED.
B. Vehicle Liability - include as a minimum:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the mininJlUn limits acceptable sball be: $50,000 per Person;
$100,000 pee Oc:cum:nce; and $25,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDIDONALlNSllRED.
C. Workers Compensation -limits sufficient 10 respond 10 Florida Statute 440.
In addition. the Contractor shall obtain Employers' Liability Insurance with Iimits of not less than;
$100,000 Bodily Injmy by Accident
$500,000 Bodily Injmy by Disease. policy Jimits
$100,000 Bodily IIgmy by Disease, each employee
Coverage shall be provided by a company or oompauies authorized to transact business in the State
of Florida and the company or companies must lTUIinhlin a mininutm rating of A-VI, as assi~ by
the AM Best Company.
IftbeContractor bas been approved by Florida's Department of Labor, as an authoriud self-insurer,
the County shall recognize and honor the Contractor's status. The Contractor may be required to
submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance,
proWling details on the Contrnctor's Excess Insurance Program
4
If the Cont:rnctor participates in a self-insurance fund, a Certificate of lusurnnce will be required. In
addition, the contmdor may be required to submit updated financial statements fiom the fund upon
request from the County.
13. FUNDING A VAJLABILfIY
In the event that funds from Fleet Management Contractual Services are partially reduced or cannot be
obtained or cannot be continued at level sufficient to allow for the purchase of the servires/goods
specified herein, this agreement may then be terminated immediately at the option ~ the Board of
County Commissioners by written notice of termination delivered in person or be mail to the contractor.
The Board sbalJ not be obligated to pay fur any services provided by the contractor after the contractor
bas rec:eived written notice of termination.
14. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by Jaw to engage in the performance ~ the activities
encompassed by the project berein described, subject to the terms and conditions set furtb in these
contract doaJments The provider sba11 at all times exercise independent, professional judgment and
shall assume prokssional responsibility for the services to be provided. Continued funding by the
Owner is contingent upon retention of appropriate local, state. and/or federal certification and/or
liceosure of contrndOr.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shaJJ be in writing and band delivered or mailed,
postage prepaid. to the other party by certified mai~ returned receipt requested. to the following:
For C..ountv:
Monroe County Facilities Maintooance
3583 S. Roosevek Blvd.
Key West. fL 33040
With a CQp,y to:
~l7m1np. A Hutton
Momoe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
For Veudoc
All Power Generators, Corp.
9840 N.W. 117 Way
Medley, FL 33178
16. CANCELLATION
A)
In the event that the CODtraCtor sbaD be fuund to be negligent in any aspect of operation
mainteuance, repair, or service. the County shall have the right to terminate this agreement after
five days written notification to the Contractor.
Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice ofils intention to do so.
B)
5
17. GOVERNING LAWS
Governing Law, Venue, and Interpretation: This Agreement shall be governed by an:! construed in
accordance with the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State. .
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of the agreement, 1he County and contractor agree that venue will lie in the appropriate
court or before the applopJiate 9lfministrative body in Monroe County, Florida
The County and Contractor agree that, in the event of conflicting interpretation of the tenDS or a tenn of
this agreement by or between any of them the issue sbalJ be submitted to mediation prior to the
institution of any othe.- administrative or legal proceeding
18. RECORDKEEPlNG
Contractor sbaII maintain all books, records, and documents directly pertinent to perfurmance under this
Agreement in accordance with geoeraIly accepted accounting principles consiste.utJy 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 pwposes during the term of the
Agreement and for five years following the termination of this Agreement. If an auditor employed by
the County or CJerk: determines that monies paid to Contractor pursuant to this Agreement were spent
for pmposes not authorized by this Agreement, the Contraclor sball repay the monies together with
interest caIadated pmswmt to See. 55.03, FS, running from the date the monies were paid to Contractor.
The CONTRACTOR shaD trnt1nm1n the originals of doanneots required for federal audits of the
County's submission for tedeml disasrer reimbursements.
19. SEVERABILI1Y
If any term, covenant. condition or provision of this Agreement (or the application thereof to any
cin;umd"Hnce or person) shall be declared invalid or uneofou:eable to any ex:tenl: by a court of competent
jmisdiction, the F-RJ8ining terms, covenants, conditions and provisions of this Agreement, sbaII not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceabJe to the fullest extent ~miued by law unless the enfurcement of the
J"P.l"IUIining terms, cove.oams. conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to refonn the
Agreement to replace any stricken provision with a valid provision that comes as close as possible to the
inteat of the strid:en provision.
20. ATTORNEY'S FEES ANDCOSIS
The Ccunty and Contractor agree that in the event any cause of adion or administrative proceeding is
initiated or defunded 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 proc;effii~ Mediation proceedings
initiate4 and conducted pursuant to this Agreement shaD be in accordance with the Florida Rules of
Civil Procedme and usual and customary procedures required by the cirwit cowt of Monroe County.
6
21. BINDING EFFECT
The terms. covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of
the County and Contractor and their respective legal representatives, successors, and assigns.
22. AUTHORTIY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by aU necessm:y County and cmporate action. as required by law.
23. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for. seek, and obtain federal
and state funds to further the pmpose of this Agreement; provided that an applications, requests. gnmt
proposals, and funding solicitations shall be approved by each party priorto submission.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that aU disputes and disagreements shaD be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session. the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issueS are still not resolved to the
satisfiIction of the parties, then any party shall have the right to seek: such relief or remedy as maybe
provided by this Agreement or by Florida law.
25. COOPERATION
In the event any administrative or legal pr~iTtg is instituted against either party relating to the
funnation, execution. ~ or breach of this Agreement. County and Cootractoc agree to
participate, to the extent required by the other party. in aU ~i~ hearings. processes. meetings,
and other activities related to the substance of this Agreement or provision of the services under this
Agreement. County and ContIactor specifically agree that no party to this Agreement shall be required
to enter ioto any. arbitration ~ing<; reJated to this Agreement.
26. NONDJSCRIMINATION
County and Contractor agree that there wiD be no discrimination against any person. and it is expressly
understood that upon a determioation by a cowt 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 cowt order. County or ContradDT agree to oomply with aU Federal and Florida
statutes, and all local ~ as applicable, relating to nondisaimiuatio These include but are not
limited to: I) TJtIe VI of the Cavil Rights Act of 1964 (pL 88-352) which prohibits discrimination on
the basis of race, color aT national origin; 2) Title IX of the Education Amendment of I W2, as amended
(20 use 55. 1681-1683. and 1685-1686). which prohibits discrimination on the basis of sex; 3) Section
504 oftbe Rehabilitation Act of 1973. as amended (20 use s. 794), which prohibits discrimination on
. the basis of handicapS; 4) The Age Discrimination Act of 1975, as amended (42 use Si. 6101-6107)
which prolnoits disaimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PI. 92-255). as amended. relating to nondiscriminatio on the basis of drug abuse; 6) The
Comprdensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970
7
(pL 91-616) as amended, relating to nondiscrimination on the basis ofaloobo] abuseoralcohoJism;; 7)
The Public Health Service Act of 1912. ss. 523 and 527 (42 use ss. 690dd-J and ~3). as
amended, relating to ooufidentiaJity of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 use s. et seq.) as amended. relating to nondiscrimination in the sale. rental or
financing of housing; 9) The Americans with Disabilities Act ofl990 (42 USC s. 1201 Note). as maybe
allJefJ(fed from time to time, relating to nondiscrimination on the basis of disability; ]0) Any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to. or the
subject matter ot: this Agreement. Monroe County Code Ch. 13, Art VI, prohibiting discrimination on
the basis of race, color, sex. religion, disability. national origin. ancestly, sexual orieJll'ation, gender
identity or expression, fimilliaI sta1us or age. 11) Any other nondiscriminatio provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter ot: this Agreement
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and s.baII not acquire any
interest, which would conflict in any manner or degree with its performance under this Agreement, and
that the only interest of each is to perfonn and rec:eive benefits as recited in this Agn:emeot
28. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required to comply with
the smoda1ds of conduct for public officers and employees as delineated in Section 112313, Florida
Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
rdationsbip; and disclosure or use of certain infuuDation..
29. NO SOUCITATIONIPAYMENT
The County and Contractor wammt that, in respect to itseIt; 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 Conb:actor agrees that the County sball have the right to
terminate this Agreement without liability and. at its discretion, to offset fiom monies owed, or
otherwise recover, the full amount of such fee, cnmmi~on, percentage, gift. or consideration.
30. PlJBUC ACCESS
The County and Contrnctor shaD allow and permit reasonable access to, and inspection at: all
documeJJts. papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statues.. and made or received by the County and Contractor in
conjtmdion with this Agn:emeot; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
31. NON-WAIVER OF IMMUNITY
NotwitIIsian<Jil\g the provisions of Sec. 768.28, Florida Statues, the participation of the County and the
CoubilClOr in this Agreement and the acquisition of any commereiaIliability insumnce ooverage, self-
insumce covemge. or local government liability insurance pool coverage shall not be deemed a waiver
S
of immunity to the extent of.liability covern.:,oe, nor shall any contr.Id entered into by the County be
required to contain any provision for waiver.
32. PRIVILEGES AND IMMUNITIES
AIl of the privileges and immunities from liability, exemptions from Jaws, ordinances, and roles and
pensions and relief; disability, workers' compensation, and other benefits which apply to the activity of
officers agents or employees of any of any public agents or employees of the County, wlren perfurming
their respective functions under this Agreement within the tenitoriaJ limits of the County sball apply to
the same degree and extent to the perfurmance of such functions and duties of such officers agents,
volunteers, or employees outside the territorial limits of the County.
33. LEGAL OBUGATIONSAND RFSPONSJBILITIES
Non-Delegation of ConstitutiooaI or Statutoly Duties. This Agreement is not intended to, nor sba11 it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by Jaw except to the extent of actual and timely perfunnance thereofby the participating entity, in
which case the perfurmance may be offered in satisfilction of the obligation or respoDS1Dility. Further,
this Agreement is not intended to. nor sbaIl it be construed as, authorizing the delegation of the
constitutional or statutoJy duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
34. NON-RELIANCE BY NON-PARTIES
No person or entity sball be entitled to rely upon the terms, or any of the:m, of the Agreement to enforce
or attempt to eufuree any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Contractor agree that neither the County nor the
Contrador or any agent, ofIicec, or employee of either sballlJaVe the authority to inform, counsel, or
otherwise indicate that any partiaJJar individual or group of individuals,. entity OT entities, have
eotitIements or benefits under tIris Agreement sepamte and apart, inferior to, or superior to the
community in general or fur the purposes contempIated in tIris Agreement..
35. AlTESTATIONS AND TRUTH IN NEGOTIATION
Contractor agrees to exearte such doaunents as the County may reasonably require, to include a PubIic
Entity Crime Stat~, An Ethics StatP.mP.l1t, and a Drug-Free Wod:pJace ~
Signature oftlris Agreement by CONTRACTOR sball act as the execution of a truth in negotiatioo
certificate stating that wage rates and other filctual unit costs supporting the compensation pursuant to
the Agreement are accurate, complete, and current at the time of contrnctiog. The original contnIct price
and any additions thereto sbalI be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccunIte, incomplete, or COIlCUlreDt wage rates and
other fiIduaI unit costs. AIl such adjustments must be made within one year following the end of the
Agreemeot.
36. NO pERSONAL LIABILITY
No covemmt or agreement contained herein sbalI be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe Coouty in his or her individual capacity, and no member,
9
officer, agent or employee of Monroe County shall be liable pecsooa1ly on this Agreement or be subject
to any persona1liability or accountability by reason of the execution of this Agreement.
37. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall beregarded as an
original. all of which taken together shall constitute one and the same instrument any of the parties
hereto may exeaJte this Agreement by signing any such counterpa:rt
38. SECTION BEADINGS
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 Agreemeut.
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this cootnrct is c::ontingent upon an annual
appropriation by the Monroe county Board of County Conunissioners.
40. OWNERSHIP OFTBE PROJECT DOCUMENTS
The documents prepared by the CONTRACfOR fur this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the CONTRACTOR.
4L NO THIRD PARlY BENEFICIARIES
Nothing contained herein shaD create any reJationship, contrnctual or otherwise. with or any rights in
mvor 0( any thiId party.
42. PUBUC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a. conviction for public
entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity fur the CODSI:lucIion or repair of a public building or
public worlc. may not submit bids on leases of real property to public entity, may not be awarded or
perlOrm work as a COJJbactor, supplier, subcontractor, or CONTRACTOR undec a cooIr.ICt with any
public entity, and may DOt transact business with any public entity in exooss of the dJreshoJd amount
provided in Section 287.017 of the Florida Statutes, fur CATEGORY TWO for a period of36 months
from the date ofbeing placed on the convicted vendor list.
By sigDiDg this Agreement, CONTRACTOR represents that the execution of this Agreement will not
violate the Public Entity Crimes Ad (Section 287.133, Florida Statutes). VIOlation of this section shall
result in termination of this Agreement and recovery of aU monies paid hereto, and may result in
debarmest fiom COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACfOR further represents that there has been 00 determination,
based OlIan audit, that it or any subcoohador has committed an act defined by Section 281.133, Florida
Statutes, as a "public eotity aime" and that it has not been formaUy charged with committing an act
10
defined as a "public entity crime" regardless of the amount of money involved or whether
CONUSULT ANT bas been placed on the convicted vendor list
CONTRACTOR will prootptly nGtify the COUNTY if it or uy subcontractor is formally charged
with an act defioed as a "public eutif}' crime" or has been pJaced 08 the convicted vendor list
43. SPECIFICATIONS
This project requires the furnishing of all labor, materials, equipment, tools, transportation, services,
and incidentals, and the performing of all work necessary in accordance with the specifications
entitled:
EMERGENCY GENERATOR INSPECIlONS
AND REPAIRS
UPPER. MIDDLE, AND LOWER KEYS FACILITIES
FROM KEY WEST TO CARD SOUND
MONROE COUNTY~FLORIDA
A The Contrnctorlf ecbnicians shall perform one inspection of the approximately sixty (60) emesgency
generators, using the approved inspection checklist. The annual major inspection is required in
Plc:p<Uation fur hurricane season. The annual major inspection will include electricd load tests, and
Iaborntoly testing of oil samples. Load tests may have to be accomplished after oonnal working
hours. The Owner will provide the electrical load fur the portable generators. The Owner may
provide or perform the annual oil changes and other routine engine mllintenance. Immediately
fullowing inspections, the Contrador shall submit inspection. reports identifying needed
maintenance, eledricaJ, and/or eogine repairs.
B. The Contractor/Technicians shall perfurm maintenance, electrical, and/or engine repairs upon the
n:quest of the Owner.
C. The Owner is responsible fur routine engine repairs and 1113mtenance (such as,. replacemem of
defi:ctive ~ hoses, drive belts, batteries, filters, habricants, etc.), but may approve the
ContmctorlTechnicians or others to perfOrm these repairs on a case-by-case basis. The Owner may
per.fOn:n or assist with all routine and emergency repairs.
D. The Contractor/Teclmicians shall be available 24 bouts per day, 365 days per year. The Cootactor
sbaIl report to the owner's Emergency Operntions Center (EOC) within four (4) hours of verbal
notffication and remain on site available to the owner immediately fullowing an emeIgellCY. declared
by the owner. The Cootractor1Technicians sbaH be at the site of an Emergency Generator n:quiring
emergency repairs within four (4) hours of vedJal notification by the Owner. Monroe County shall
be given priority at aD times fur gmenttoIS n:quiring emergency repairs. The Owner and the
Contractor recognize that time is of the essence in this Contntct They also recognize the delays,
expenses, and difficulties involved in proving. in a legaJ proceeding, the actUal Loss suffered by
Owner if the work is not completed on time, Accordingly. instead of requiring such proof: Owner
and Co.utzador agree that as liquidated m.magt'S fOl'deIay (but not as a peoa.1ty) Comrador shall pay
Owner $80.00 for each hour over fuur (4) hours that expires after notification to respond and the
Comractor is not on site,. barring travel conditions beyond Contractors coDlrol
E. If the Cont:r.lctOr feels that a unit is not economically repairable,. the Contractor may submit an
estimate fur replacement and/or repair to the Owner. The Owner may, at his discretion,. have the
Contractor repair the unit in keeping with the repair estimRte or seek: other outside proposals fur
repIarement.
F. The Contmctuc may be required to assist in the development of specifications for new 01'
repla~ generators and ~ equipment.
Il
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and dBte first written
above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be
deemed an original contract
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
~(j~~
By. ~j(f~
MayorlChaiiman
Date:
JUN 1 8 2008.
=~ It
By. ./- actijb0 " r
/ ss
I
TJt1e: M<;I'tf7JvC
BY.~
WITNESS
Title: ftft~
CONTRACTOR
11:0: NTY ATT
MO ~s TO
. c:~ ADO
-- d;;CEO.J W>,~. A:rTOAl'4EY
':<.55\$ r;.."P GO.jN f t
Date
12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Public Works
Bulk Item: Yes --X..- No
Department: Facilities Maintenance
Staff Contact Person: John W. King, 292-4431
AGENDA ITEM WORDING: Approval to exercise the second option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Big Pine Key Library.
ITEM BACKGROUND: On May 31, 2010, the current with Dependable will terminate. In
accordance with Paragraph 4 of the original contract dated May 21, 2008, the Owner has the option to
renew the contact for two additional one-year periods. This renewal will exercise the second option to
renew.
PREVIOUS RELEVANT BOCC ACTION: On May 21,2008, the BOCC approved award of bid
and execution of a contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial
service at the Big Pine Key Library. On April 15, 2009, the BOCC approved exercising the first option
to renew.
CONTRACT/AGREEMENT CHANGES: Renew janitorial service contract to commence on June
1, 2010 and to expire on May 31, 2011; an increase in cost by the CPI-U of 2.7% from $490.44 per
month to $503.68 per month and from $5,885.28 per year to $6,044.16 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6,044.l6/annual INDIRECT COSTS:
BUDGETED: Yesl No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
ad valorem
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: countyAttytci~ing
Risk Management _
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
March 16,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - April 21, 2010 BOCC Meeting
Exercise Second Option to Renew Janitorial
Services for Big Pine Key Library
Dependable Janitorial and Building Maintenance, Inc.
The agreement with Dependable Janitorial and Building Maintenance, Inc. for janitorial services
will terminate May 31, 2010. Pursuant to Paragraph 4 of the original agreement, the parties hereto
wish to exercise the second option to renew.
The renewal will commence on June 1,2010 and expire on May 31, 2011; cost will be increased
by the CPI-U of 2.7% at December 31 of the previous year from $490.44 per month to $503.68 per
month and from $5,885.28 per year to $6,044.16 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the Big Pine Key Library.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dependable Janitorial Contract # -
Effective Date: 06/01/10
Expiration Date: 05/31/11
Contract Purpose/Description:
Janitorial services for the Big Pine Library Big Pine Key, Florida
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/10 Agenda Deadline: 04/06/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,044.16
Budgeted? YeslZJ No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 2,014.72
001-20501-530-340-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Rate In Needed .
Division Director 3/~ () YesO No[S2(
~~U
Risk Management _ ~ YesO No{2(
fJb.- .. 7
O.M.B./Purchasing 3 I" '2 fit) YesO NoUJ
("' ~
County Attorney YesO No,W
Date Out
10
OMB Form Revised 2/27/01 MCP #2
SECOND RENEWAL AGREEMENT
(JANITORIAL SERVICES - BIG PINE KEY LIBRARY)
THIS SECOND RENEWAL AGREEMENT is made and entered into this day of
, 20 I 0, 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
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the BIG PINE KEY LIBRARY (hereinafter "Original Agreement");
and
WHEREAS, the parties hereto did on April 15, 2009 renew the Original Agreement; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this second renewal
agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
I. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on June 1,2010 and terminate May 31, 20ll; the amount of $490.44 per month
shall be adjusted by 2.7% in accordance with the percentage change in the U.S. Department
of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the
U.S. Bureau of Labor Statistics at December 31 of the previous year, to be Five Hundred
Three and 68/100 ($503.68) Dollars.
2. Except as set forth in paragraph I of this Second Renewal Agreement, in all other respects,
the terms and conditions set forth in the Original Agreement 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)
A ITEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Witnesses for CONTRACTOR:
~~?r~LP
ignature
3-9-/0
~ hYdj
-c..
Signature
Date
3 -Cj-/Q
7
In RENEWAL AGREEMENT
(JANITORIAL SERVICES - BIG PINE KEY LIBRARY)
THIS 1 ST RENEWAL AGREEMENT is made and entered into this )~ day of
~ . 2009. between MONROE COUNTY (hereinafter "County" or "Owner"), a political
subdi ision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor''), a
Florida corporation, whose address is P. O. Box 2456, Key Largo. Florida 33037.
WHEREAS, the parties hereto did on May 21.2008 enter into an agreement for janitorial and
building maintenance services for the BIG PINE KEY LffiRARY (hereinafter "Original Agreement'');
and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this 111 renewal
agreement; now therefore
IN CONSIDERATION of the mutaal promises and covenants set forth below. the parties agree as
follows: '
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on June 1,2009 and terminate May 31, 2010; the amount of $489.95 per month
sbaIl be adjusted in accordance with the percentage change in the u.S. Department of
Commerce Consumer Price Index (CPI~U) for all Urban Consumers as reported by the U.S.
Bureau of Labor Statistics at December 31 of the previous year of .1 % to be Four Hundred
Ninety and 44/100 ($490.44) Dollars.
"~<~~S::,.. Except as set f?:th in ~h 1 of ~ 111 Renewal A~C?t, in all other respects, the
~A,'dr--""'~/>~ and conditions set forth m the Onginal Agreement remam m full force and effect.
I.oy"\\-.-~ ",:::
~I~;~!f~ 2,:' f~s WHEREOF, the parties hereto have set their hands and seals the day and year first
C"",~ ; " \,,~ .,/ ."
it:2;! i,,'(~ ,;-.:-.....:._...., h.....-.;H " //!$ ~:/
\\"" , ' . ":~"~T~" ,?;~, "~I,
~~<\.:~(S" L.j~~>)~'/ BOARD OF COUNTY COMMISSIONERS
''\;., ":..~~Bs~,:'1>ANNY..~' , L. KOLHAGE, CLERK OF~NROE CO~FLORlD~A
"C", """= "'~. ~
" r,.~ ,-<(.'
~~ BY "..~. oIAo.,
Dep Clerk Mayor/Chairperson
;2:m~~ ~
S~ ~
~~~
Date
~~~~
19nature
~~~,
Date
A
JANITORIAL SERVICES - BIG PINE KEY UBRARv
MONROE COUNTY. FLORIDA
AGREEMENT FOIl
JANITORIAL SERVICES
BIG PINE KEY LlllRARY
MONROE COUNTY, FLORIDA
This Agreenatt is made and _ into 1bis ,;)1 d:. day of ~ . 2008.
betwem MONROE COUNIY. FLORIDA ("CO~ a politi 'visioo of the
State of Florida, whose addras is 1100 Simonton Street, Key West, Florida 33040, and
DEPENDABLE JANIlORlAL & BUILDING MAINTENANCE, INC.
("CONTRACTOR;, a Florida corporation, whose address is Post Office Box 2546, Key
Largo, Florida 33037.
WHEREAS, COUNTY desires to provide jRtoriaI services for BIG PINE KEY
LmRARY, Monroe Cotmty, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide j.utOOal services to
BIG PINE KEY USRARY, Mcnoe County, Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACtOR to provide
janitorial services to BIG PINE KEY LIBRARY, Monroe County, Florida, now
therefore,
IN OONSIDERA nON of the mutual promises Md covenants contained herein,
it is agreed as follows:
1. THIi: AGRIUr.1WENT
The Agreement coosists of this cfoc::ume64 and i1s edribi1s mly.
2. SCOPE OP 'I"ID WORK:
The Contractor shall furnish all labor, ll1Iterials, equipment, tools, transportation,
services. and incidentals, to perform all the wori; necessary in accordance with the
specifications, i.e., janitorial service, including aU ~ supplies. equipment, and
safety devices required in the ~ of __ for tbe BIG PINE KEY LmRARY,
located at Big Pine Shopping Center, cmsisting of ~ 2,400 s.r
A. Restroom Sanitation shall indude the following 011 a daily basis:
1. All Floors swept, loose dirt removed.
11. Wash and disinfect floor
Ill. Stall pmitiaos -. demed.
IV, AU commodes. urinals, basins and vlllities sbaU be scomed and
disiofeaed.
~
1
February 2008
JANITORIAl. SERVICES - BIG PINE KEY U8RARY
MONROE COUNTY. flORIDA
v. All urinal traps sbaU be specially cleaned tmd disinfected.
VI. All sanitary nepkin ~ wiD be c:Iemed, waste disposed,
and disinfected.
vii. All supplies shall be ,.aced (paper goods, soap. ete.).
viii. All other work DeCe8IaIy to llllintain a deal and sanitary condition
in these restrooms sbaII be acoompIished, wbedaer it is specifically
noted in these speci:ficatioos or DOt.
NOTE: BIG PINE KEY lJDItARy has ) male public restroom with 1
toilet and I urinal, and I female public restroom with 2 toilets.
B. All sinks aod water fOtmtaiDs oumide the restroom areas are to be cleaned
daily. Water fountains are to be polished periodiailly.
C. General CleRng shall be completed daily, ... should include the
following:
I. All tile floors are to be dusted and mopped.
n. All fumitln and ftmUhiogs to be dusted and spot cleaned.
m. Low ledges, siDs" rails. tables, shelving, baseboards, etc. to be
wiped with a .... clo1h to reduee the amount of dust in the
building.
IV. All trash R'JCeptaCles emptied. and trash can liners replaced.
v. All upboIst<< ftwniture to be vacuumed.
VI. All carpeIing shall be vacuumed with a powerful HEP A vacuum,
such as the Orek.
D. Weekly janitorial services to include:
I. All glass pII1itions, doors, mirrors, windows, etc. to be cleaned
and/or polished.
11. Obvious scuff muks shall be removed from resilimt flooring.
iii. All door vents deaJed.
E. Monthly janitorial services to include:
I. AU high dlBting (i.a piames, door Dames. air vents, tops of book
shelves., etc.)
11. All walls d1Bted mon1bIy
m. All air conditioning vents. supply ... retum air grilles cleaned
F. The Contractor sbaU iDSwe all exterior doors are locked while they are
servicing Ihe building and -.on their departme.
Agreement
2
February 2008
JANITORIAL SERVICES - BIG PINE KEY LIBRARY
MONROE COUNTY. FLORIDA
G. Janitorial services will be 4 days a week, Tuesday 1hrougb Friday
(excluding holidays), ~i~ at or around 8:00 am, ..d finishing no
later than the Liblwy opening time of 10:00 am
H. Coordination of the work with the County area repf~.tative shall be the
responsibility of the Cootractor. The Contractor sbaIl perfonn the work
during hours and time as specified.
1 Keys shall be issued to the COIltractor by the area representative at the
start of the Contract Writtm confirmation of receipt of keys shall be
signed by the Contractor. The COIlnctor shall nmn all keys as issued
upon expiration of the con1ract or termination.
1. The Contractor sbaII be mpoosjble for die cost of cbmging loeb, etc., for
aU keyed secured areas for which the Contractor does not J'Cltum the keys.
K. The Contractor shaU IllpOIt My problems regarding open doors and/or
vandalism to the Fac::ilities Maintenance Departull:Ul
L. The Contractor sbaU provide .u 5l9JIIies De<<lSsar)' for the cleaning
performance of his wort under the ccntfact. AU suPIliies. including but
not limited to, band soap, paper towels, toilet paper, and trash can liners,
shall be supplied by the Cootractor.
M. Additional Services: (SbalJ be performed ooce in every three mooth
period. and shaD be included in the bidding price.)
I. Resilient Flooring sbaU be swept/dust mopped md stripped. After
application of three coa11 of wax, areas shall be buffed sufficiently
for maximum gloss Md tmif(lfJD sbeeIl from wall to wall, including
comers. The waxed floor shall present a clem appearance free
from scuff marb or dirt smears. Furniture lDIIor other equipment
moved dwing floor S1rippina .. wuing shill be Rltumed to their
original positioos.
11. Dry CleDng, Steam Cleaning, or Shampooing Carpets and Rugs
shall be vacuumed of all loose soil and debris prior to cleaning,
and shaU be he of SUab, stains md spots, and shall have a
bright lDliform color upon completion of <by cleaning, steam
cleaning or sbaq.ooing.
3. FA YMENTS TO CONTRACTOR
A COUNTY'S perfOi~ at obIiptioo to pay under this agreement, is
contingent upon armual appropriation by the 8o&rd of County Commissioners.
COUNTY shall pay in ac:conImc:e wi1h 1he Florida Local Ocnemu-.t Prowpt Payment
Act; payment win be IDIde .... deIiYeIy .. iDspedioo by COUN'IY and upon
submission of a proper invoice by CONTRACTOR.
.....ment
3
FebruaJy 2008
JANITORIAL SERVICES - BIG PINE KEY UBRARY
MONROE COUNTY, FLORIDA
B. CONTRACTOR sbaU submit to COUNIY invoK:es with supporting
documentation ~e to the Clerk, (lft a mondIIy sc:beduIe in mears. Acceptability
to the Clerk is baed (lft genaaUy ~ 8CX:OUI..... pliftciples ... such laws, rules and
regulations as may govern die Clerk's disbursal of funds. The COIdI1lct amount shall be
as stated by 1I1e CONTRACTOR's bid as follows: F.... ........ ......,..... ad
951100--DoIIIIn (S09.95) per.......
4. TEaM OF AGUDlJ:NT
This Agreement shall CQfftn~1Ce (lft ..... 1. ,.., .... ends upon May 31, 2009, unless
terminated earlier under ~ 18 of this ~t.
The COUNIY shall have the option to RDeW 1his Agreement few up to _ additional two
(2) one year periods at terms IDd conditions mutuIIty 19I'fleIlIIe to 1be pIWties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Unless the
context clearly indicates odaerwise, menaces to the "term" ofdais Agreement shall mean
the initial term of one (1) year.
The Contract 8IDOIBIt shaD be adjusted mnually in ~ with the percentage
change in 1he U.S. ne,....... of Commerce ~'"* Price Index (CPI-U) for all
Urban Consumers &I repotW by the U.S. &r.u of Labor Statistics aod shall be based
upon the CPI-V computati(lft at December 31 ofdle previous year.
5. ACCEPTANCI: 011' CONDrnnr. BY CONTIlACI'OR
CONTRACTOR bas, Ed shall JnRintaJn 1hrougbout the 1erm of 1his Agreement,
appropriate licenses. Proof of such licmses 8Dd approvals shall be submitted to the
COUN1Y upon request.
6. FINANCIAL D:COIlDS or CON1'1lA.MnR
CONTRACTOR shall Il1Iintlin all boob. reconls, and cIocumenu directly pertinent to
performance tDIer this Agreement in ~ wi1b genaaIIy accepted accowrting
principles consistently applied. Each party to 1his ~ or their authorized
representatives shall have rus ~ IDd timely access to such nx:ords of each other
party to this Agreemeot for public: records puIpOSClS during the term of tile Agreement and
for four years following the terminalion of dris AgreellleWlL If an auditor employed by the
COUN1Y or Clert ~... 1hat monies pIi4 to CONTRACTOR pursuant to this
Agreement were spent for pwposes not a60rized by this Agreement, the
CONTRACTOR sbaU repay the monies together with intsest calculated pursuratt to Sec.
55.03, FS, running from the date the monies \WR pM to CONTRACTOR..
7. PUBUC ACCI:..~~
The COUNTY - CON'TRACTOR IbaII allow and IJCII1M l'CII8On8bIe access to, and
inspection 0( aU ~ papers. letters or odier materials in its pnssession or w1der
its control subject to 1be provisi(ms of Chapter ) )9, Florida S18lufe:s, Md made or
received by the COUN'IY 8IId CON'JRACTOR in COIjtmctioo wi1h 1his AgIeeme..t; and
AQrMment
4
FebruaJy 2008
JANITORIAl SERVICES - BiG PINE KEY UBRARY
MONROE COUNTY, FlORIDA
the COUNlY sbaII have the right to 1IliIateraUy CMCeI this AgreelDent upon violation of
this provision by CONTRAClOR..
8. HOLD IU.RIII"~ AND INSVllANCE
CONTRACTOR COVellll1lS and aarees to indemnifY .. hold harmless Monroe COWlty
Board of COUIty Commissioners from any md all claims for bodily injwy (including
death). personal injury, and property dmnaae (iDduding ~ owned by Monroe
County).xI any other losses,. ~ lOCI elqMDeS (iududiaa 8Uomey's fees) which
arise out 0( in ~OII with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongful act of omission of
CONTRACTOR, its eq>>Ioyees, or agents.
The extent of liability is in no way limited to, reduced. or lessened by the insurance
requirements contained cbewbere wi1bin this ~ Failure of CONTRACTOR to
comply with the reqWements of1bis section shaD be ause for immediate termination of
this agreement
Prior to executiao of this ~t, CONTRAcroR sbaU fimish the COUNTY
Certificates of Insw'aoce indicating the minimum coverage limitations in 1he following
arnoWlts:
WORKERS COMPENSATION AND EMPLOYER'S LIABlLTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law. In addition, the CONTRACTOR shaU obtain Employers'
Liability Insw1mce widllimim of not less than $/OO.OOO.OQ bodily injury by accident,
$500.000.00 bodily injury by disease, m:uI $}OO.OOO.OO bodily injury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LlABlLfIY INSURANCE. Motor
vehicle liability intennce. including applicable no-fault covenge, widt limits of liability
of not less 1181 $Joo.ooo.oq per ~ <<mbi.. single lirUt for Bodily Injury
Liability and Property ~ Liability. Coverage sbIII include aU owned vehicles, all
non-owned vehicles, and III hired vehidea. If sin8Ie 1in8ts an provided, die minimum
acceptable limits 8Rl $50.0D0.oq per ~ SJOO.OOO.OO per ~ IDd $25.000.00
property damage. Coverage shall include aU owned vehicles, aU noo-owned vehicles,
and all hired vebicles.
COMMERCIAL GENERAL UABILfIY. COR1ftIeIUa} general liability coverage with
limits of liability of not less ... SJOO.tXJO.OQ per ~ combined single limit for
Bodily Injmy Liability IDd Propelly DamI&e Li.....,. If siD&Ie 1imi1l are provided, the
minimwn acceptable liDts are $/00.000.00 per penon, $3f)().OOO.()() per 0CCUI'IlIK:e, fBld
$50.000.00 property damage.
The ContnIctor shall purdIae ... 1Niotain, Cbrouahout the term of the contract,
EMPLOYEE DISHONESlY INSURANCE in the nrinilJWlD amount of Slo.()(J().OQ per
Occurrence which will pay for losses to COUIIly ~ty or money caused by the
~
5
February 2008
JANITORIAL SERVICES - 8tG PINE KEY LIBRARY
MONROE COUNTY. FLORIDA
fraudulent or dishonest acts of the Cootractor's employees or its agents, whether acting
alone or in coIlusioo of others.
MONROE COUNTY SlIA.U. BE NAMED AS AN ADDmONAL INSURED ON THE
GENERAL UABlUTY AND VEHlCLE UABILlTY POUC/ES.
CERTIFICATES OF INSURANCE. Original CertifiaItes oflDsunmce sbaIl be provided
to the COUNlY at the Dme of execution of this Agreement and certified copies provided
if requested. Ead1 policy c:edificate shall be mdorsecI wi1h a provisiOllthat not less than
thirty (30) caleocbr days' wriUco notice sbaII be provided to die COUNIY before any
policy or coverage is C2B1eded or restricted. The uodetwrita' of such insunmce shall be
qualified to do business in 1M State of Florida. If RqUCSted by 1he C<UJty Adminjstrator,
the insurance coverage shall be primary instance widt I1lSpCld to 1he COUNIY, its
officials, employees, agents ... vohmt.eers.
9. NON-WAIVER 0.. DIMUNJTv
Notwithstanding the provisions of See. 768.28. Florida St8autes, die participation of
COUNlY and CONTRACTOR in this Asre-tent -die acquisition of my commercial
liability insurance coveraae,. seIf-iDsunoce coverase. or IoaII &O\l1IIDIDetJt liability
insurance pool coverage shall not be deemed a waiver of imma..ity to the extent of
liability coverage. nor sball my AgJeanem eatc!red into by 1be COUNlY be required to
contain any provision for waiver.
10. INDEPDfDENT CONTRAcma
At all times and for all purposes UDder this ...~ CONTRACTOR is III independMt
and not an employee of 1be BoIrd of CoImty Commissicners m Mooroe County. No
statement contained in this I8tdauad shill be COOSU'ued so . to find CONTRACTOR or
any of his employees, subs, servams, or 8fJIl!Ids to be employees of 1be Board of County
Commissionen of Monroe Cotmty.
11. NONDL.f;CIIlMIN.t.11ON
The parties asree that there will be no discrinbaaation against any persoo, and it is
expressly understood that upon a detenuioation by a court of competent jurisdiction that
discrinBnaaiOll b8s occumd, this ~ .~ leall';'~I~ without any fw1her
action on the part of my party. effective the ... of the court onIer. The parties agree to
comply with all Federal and Florida s1atWes. met aI) local ordinInces. as applicable,
relating to nondiscrimiuIic. These inducIe hut are DOt limited to: I) Tide VII of the
Civil Rights Act of 1964 (PL 88-352). which prohibit disc::rimirudio in ~t on
the basis of race. color, religion, sex, and national origin; 2) Tide IX of 1be Education
Amendment of 1972, . ~ (20 use H 16&1-16&3. .... 1685-)686), which
prohibits disaiminatioo OIl the bIsis of sac; 3) Seetion S04 of die RSJabiIitation Act of
1973. as amended (20 use I 794), wbicb probibi1s discrinUetioo 011 1be basis of
handicaps; 4) The Age DisaimiDation Act of 1975,....... (42 use H 6101-6107),
which prohibi1s discrimination 011 1he b8sis of -ae; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondisc::rimination on the
AgrMmllnt
6
February 2008
JANITORIAl SERVICES - BIG PINE KEY UBRARY
MONROE COUNTY, flORIDA
basis of drug abuse; 6) The ~~ve AkxiIoI Abuse .. Alcoholism Prevention,
Treatment and Bet.bilitatiem Ad of 1970 (PL 91-616). as amended. relating to
nondiscriminatioo on the besis of Ilcobol .. 01' aIcoboJism; 1) The Public Health
Service Act of 1912, if 523 IIId 521 (42 use if 69Odd-) and 29Qee..3), as amended,
relating to confidentiality of alcohol and drug .. patent records; 8) Title VIII of the
Civil Rights Ad of 1968 (42 use if 3601 et seq.), &1 amended, relating to
nondiscriJDnation in the sale, ren1aI or finamcing of housing 9) The Americans with
Disabilities Act of 1990 (42 use H 12(1), as .......... from time to time, relating to
nondiscriminatioo in empIoymeat em 1be bIISis of 4is1bility; 10) Mcmroe County Code
Chapter 13, Article VI, which prohibits disaimioaticn 00 dte basis of race, color, sex,
religion, natiooal origin, mc:estry, sexual orientation. g..... identity or expression,
familial status or age; .. 11) my odIer DOOdisaimilllltion provisioos in any federal or
state statutes Which may appiy to die parties to, Of'the subject IDIIUer of: this Agreement.
12. A~'~NT~...C1'
CONTRACTOR shall not &1Sign or subcontract its obliglltiom mder this agreement to
othecs, except in writing aid with 1he prior written approval of the Board of County
Commissioners of Monroe Cowdy, which approval shall be subject to such conditions
and provisions as the Board may deem necessmy. This paragraph shaD be incorporated
by reference into My usi&wtmfllt or subcoob.a and my assignee or sub shall comply
with all of the provisions of this ~ Unless cxpI-Iy provided for 1herein, such
approval shall in no OBIIler or event be deemed to impose any additional obligation upon
the board.
13. COMPUANCE WfI'H LAW AND UCl:NSJ: IlUHJlRJ::MMTNTQ
In providing all services/goods pwsun 10 1his 1IR'Cft..... CONTRACTOR shall abide
by all laws of the Federal and SUde goverDDlet1t. ~ rules met regulations
pertaining to, or reguIattng the provisions at: such services, including those now in effect
and hereinafter adopted. CompIimce with aU laws includes, but is not limited to, the
immigration laws of the Federal and State gov~ Any violation of said statutes,
ordinances, rules and tegUlations sball coostitute a IDIteriaJ breach of this agreement and
shall entitle the BoanI to 1emD8te 1bis ~ CON'IllACTOR sbaU POSsess
proper licenses to perform work in ac:coma.- wi1b 1hese ~ 1broughout the
term of this Agreement.
14. DMCI...OSual: AND CONn..". ()II' IN'n::R"_W
CONTRACTOR ~ that it, its direcsors. principles aod employees, JM'esendy have
no interest and sbaJ] acquint DO interest, ei1ber cIiJed << iDdirect, which would conflict in
any manner widt the perfC)j~ of services required by this c:ontract, .. provided in
Sect 112.3 11, et seq., Florida StatWs. COUNTY BgnleS that officers and employees of
the COUNIY recogni7.e and will be requiml to comply with. the staWauds of conduct for
public officers and employees _ dd~ in Seaioo 112)13, Florida Statutes,
regarding, but not limed to, solicitation or acceptalce of gifts; doing b~ with ODe'S
AGree....
7
February 2008
JANITORIAL SERVICES - BIG PINE KEY UBRARY
MONROE COUNTY, FLORIDA
agency; mauthorized ~RtioD; nUuse of public positioD. ~cting employment
or contractual relatimship; and disdasure or use of c:er1IiD iDfOllDlbon
Upon execution of Ibis contract, md Cbereafter as cbanges may require, the
CONTRACTOR sbalIl1<ltitY the COUNlY of my ~aI interest it may have in any
and all programs in Mooroe Coulty which die CONTRACTOR spoosors, endorses,
recommends. supervises, or requires for eo&meIing. assistance, evaluation, or treatment
This provisioo shall apply whedIer or not such program is required by statute. as a
condition of probatioo. 01' is provided m a vc:ll1mWy basis-
COUNlY and CONTRACTOR wammt that. in respect to itself, it has neither employed
nor retained any ~ or person, ocher d1m . bona fide employee working solely for
it. to solicit or sean this AgnieI~ and .. it has DOt pIicI or agreed to pay any person,
company, corporation. individual, or firm, other tbIm a bona fide employee working
solely for it., any fee. eOIDIDiaaion, ~ gift. or other eonsidenllion c::ontingent
upon or resulting from the award or IDIIking of this ~ For 1he breacl1 or
violation of the provision. the CONTRACTOR agrees dtat the COUNIY shall have the
right to terminate this AgJeement without liability and. at its discmion. to offset from
monies owed. or odIerwise qcover, die full aDIlMmt of such fee. c:ommission, percentage,
gift. or consideration.
15. NO PLEDGE 01' CIlQrr
CONTRACTOR sbaIJ not pledge die COUNlY'S aedit or make it a guarantor of
payment or surety for any 00IJItAct. debt, obIigabon. j~ lien. or any form of
indebtedness. CONTRACT'OR fw1her "....15 and IllpRlSaD dud it has no obligation
or indebtedness that would impair its ability to fiJlfiJl the terms of this contract.
16. NonCE UOtJtU:MINT
Any notice required or permitted WIder this agRleIDem shall be in writing and hand
delivered or mailed. postIge pnlpIid, to die other pIrty by eertified mail, returned receipt
requested, to the following:
FOR COUN1Y:
Monroe Comty
Facilities Mainteomc:e nep.b-d
3583 South Roosevelt Boulevard
Key West, FL 33040
and
CO\Dlty Attorney
PO. Box 1026
Key West, FL 33041-1026
FOR. CONTR.-\CTOR:
~JMitoriaI &: Building
Maiath....a, Inc.
Post Offiee Box 2546
Key Largo, Florida 33037
17. TAXES
COUNlY is exempt fium paytDB1t of Florida State Sales and Use taxes.
CONTRACTOR shall DOt be exempted by virtue of die COUNTY'S exemption from
AQrMrnent
8
February 2008
JANITORIAL SERVICES - BIG PINE KEY UBRARY
MONROE COUNTY, FLORIDA
paying sales tax to its suppliers for materials used to fulfill i1s obIigatioos tmder this
contract, nor is CONTRACTOR auaborized to use the COUNlY'S Tax Exemption
Number in securing such materials. CONTRACI'OR shaD be respousible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
18. TJ:RMlNA"DON
a. The COUNlY may terminate this Agreemeot with or without cause prior to
the commencement of work.
b. The COUNIY or CONTRACTOR may t&uUu.to 1his Agreement for
cause with seven (7) days nocice to CONTRACTOR. Came shall constitute a breach of
the obligatioos of either pmy to perform die obligations enumerated moor this
Agreement.
c.. Either of the parties hereto may caoc:el1his aareemeat without cause by
giving the other party sixty (60) days wri1ten notice c1i1s intemion to do so with neither
party having any further obligation under the term S of tile c:ontlaet upon termination.
19. r.nvw..NINC lAW. VENUl'..IlltIT....r.TA DON. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance wi1h the laws of the
State of Florida applicable to AgNen.eob made _ 10 be ....ormed entirely in the State.
In the event that any cause of actioo or .-darioM';wlibye pl~eedjllg is instituted for the
enforcement or intorptetation of this AgreeIDMt. the COUNIY Ed CONTRACTOR
agree that venue will lie in the appropriate court or before die appropriate administrative
body in Monroe Colmty, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree 1bat, in the event of Cfttftiding intap.etations
of the terms or 8 term of 1bis ~ by or between my of 1hem 1he issue shall be
submitted to mediation prior to the institutioo of any odI<< administrative or legal
proceeding. Mediation ~"P iDitiIIIed IDd amducted ..... to this Agreement
shall be in accordance wid! the Florida Rules of Civil ProceduN and usual and custonuuy
procedures required by the ciJaJit comt of Monroe COWIty.
21. SEVERA.JUrY
If any term, COVenaH, condition or provision of this Agreement (or the application
thereof to any cirn"'~ or ptIIOD) sIIIII be ded.-ed invalid or WNIlforceable to any
extent by a court or compeIent jurisdiction, 1be cem6iuiug tenDs, covenEtS, conditions
and provisions of 1his ~ shill not be affected daereby; .. each remaining tenD,
covenant. CODditioo amd proYisioD of 1his Agreement shall be valid _ sball be
enforceable to the fullest edIIt penllittcd by law mIess the enforcement of the remaining
terms, covenants. c:onditions IIld provisions of 1bis Aananent would prevent the
accomplisbmmt of the original intent of this ~ The COUNlY and
Agreement
9
February 2008
JANITORIAl SERVICES - BIG PINE KEY UBRARY
MONROE COUNTY. FLORIDA
CONTRACTOR agree to reform Cbe AgRement to .IepJace any strick. provision with a
valid provision that comes as d<<*l as possible to the iment of the stricteo provision.
22. ATlORNIV'S PED AND COSTS
COUNTY and CONTRACTOR agree 1bat in die event 1m)' cause of action or
administndive IJRlQleltina is initiated or defended by any party relative to the
enforcement or interpretation of this ~ the JQVaiJq patty shall be entitled to
reasonable attorney's fees in boda trial .... IppeUae ~"85. Each party agrees to
pay its own comt costs. investiptive, IIId out-of..poc:bt expanses whether it is the
prevailing party or not. through all levels of the court system.
23. AWVDICA110N 0' DlSPIJTJ'Ji oa DlSACRI:r.....Nn.
COUNTY and CONTRACTOR ... 1b8t all dispula .. dislsreemMes shall be
attempted to be resolved by meet .. am. sess:ims betwem represeatatives of
COUN1Y and CONTRACTOR If no resolution cat be ..... upon within 30 days
after the first meet .. confer session. the issue or issues shall be discussed at a public
meeting of die &o.rd of County COIDI'IIissianer. If die issue or issues are still Dot
resolved to the satisfacaioo of COUN1Y .. CONTRACTOR, dIen any party shall have
the right to seek such relief c:w remedy as may be provided by 1bis Agreement or by
Florida law.
24. COOPERATION
In the event any administrative or IepI ~ is iastituted against either party
relating to the fOflDlbOll, execution. peUOJmIlK:e. or breach of this Agreement.
COUNlY and CONTRACI'OR. ... to pII1icipete. to the eDcIIt required by the other
party. in all ~ hea,~ proces~ ~ .... other accivi1ies related to the
substance of this AgnlelneDt OJ' JIIOvisian of the services l8Ider this Agreement
COUNTY and CONTRACTOR specifiCllly agree that no party to this Agreement shall
be required to enter into any IlbiIlWian ~ related to this Agreement
Z5. BINDING J;nrJ:Cr
The terms. covenaws. c:oadi1ioos. IDd provisiOlB of 1bis Aaro-.-t shall bind and inure
to the benefit of COUNTY IDd CONTRACTOR met 1beir respective legal
representatives. successors. and assigns.
26. AU11IORITV
Each party represems MId w.....Mb to the other tbIt die execmicm. deliveJY and
performance of this ~ have been duly IIUIborized by aU necessary COUNTY
and corporate action. as n:qWed by law.
Agr..rnant
10
February 2008
JANITORIAl SERVIces - BIG PINE KEY UBRARY
MONRoe COUNTY, FLORIDA
27. CLAIM.."'ll FOR II'I".D.......O.STATI: Am
CONTRACTOR aod COUNlY IgRIe 1hIt -. shaD be, lOCI is. empowered to apply fOf.
seek. and obtain federal and stale funds to furtber the purpose of this Agreement;
provided that all applications, ~. grant ~ md fimding solicitations shall be
approved by each party prior to subnUsion.
28. PRIVII.RGES AND IMMUNJTlq
All of the privileges and i~m:ies from liability. e.umptions fiom laws, ordinances.
and rules and pensions and relief. disBbility. worken' ~li'}lfWlS8tioo. and other btmefits
which apply to the activity of oman, agents. or employees of any public agents or
employees of the COUNlY. when performing their IIISpective functions wder this
Agreement wi1hin the tenitoriaIlimits of the COUNTY shall apply to the same degree
and extent to the perfon~ of sum functions _ ddies of such officers. agents.
volwteers, or employees outside the territorial limits of die COUN'IY.
29. LEGAL 08UGA'DONS AND ."~PONSI.".rnES
This Agreement is not uu.ded to, nor shall it be ClOIIItlUed .. relieving any participating
entity from any obliption or responsibilify imposed upan the enufy by law except to the
extent of actual and timely perfOODlmC:e dwnofby aJy partic:ipeting entity, in which case
the perfOl'lD8llCe may be offend in ...8CtioD of the obIiptioo or responsibility.
Further. this Agreement is not inteIed to. nor shall it be coastrued as. authorizing the
delegation of 1he constinaional or stalutoty duties of the COUNTY, except to the extent
permitted by the Florida coosU1ution, state statute. IUd case law.
30. NON-RELIANCE BY NON-PARTI"_~
No pemon or entity .... be entitled to ft!Iy upon the terms, or any of them. of this
Agreement to enforce or ~ to enfcne 1m)' 1bird-perty claim or enti1IfIDeOt to or
benefit of any service or program coo....atect hereunder. md the COUNTY and the
CONTRACTOR aaree ..... nei1her 1be COUNlY 110I' die CONTRACI'OR or any agent,
officer. or employee of eith<< sun have the audlority to inform, 00tI1SeI. or otherwise
indicate that any particuI. individual or group of individuals. eoCity or entities. have
entitlements or benefits ... 1his ~ sep8I_ and IpIIt. iDferiar' to, or superior
to the coDummity in general or for 1be purposes cont~.-.411ed in 1bis Agreems.t
31. A TrESTATIONS
CONTRACTOR aarees to .ecute such ~ as die COUNIY may reasonably
require, to include a Public Entify Crime Statement, 111 Edtics S~kl6" and a Drug~Free
Workplace Statemeot
32. NO PDtSONA.I. LJAaJLITY
No covenant or ~It contained herein sbaU be ~Jed to be a covenant or
agreement of My member. oftic<<. ageDt 01" tIDIJIoyee of Monroe County in his or her
AcI....ment
11
Fc:brumy 2008
JANITORIAl SERVICEs - BIG PINE KEY UBRARY
MONROE COUNTY, FLORIDA
individual capacity, and no membea, officer, agent or employee of Monroe County shall
be liable personally OIl this Agreemmt or be subject to any personal liability or
accountability by reason of 1&8 execution of this Agreetllellt.
33. EXECUTION IN C()(JNftR.ARTS
This Agreemmt may be execued in 2m}' number of l'.nI....., each of which shall be
regarded as an original, aU of which taken tcgether shall constit1e one and the same
instrument.
34. SEcnON JD:.ADINGS
Section headings have been inserted in 1bis ~ as a matter of convenience of
reference only, tmd it is agreed that such section ~ are DOt a part of this
Agreement and will not be used in Ihe ilItdIp.~ of any provision of1bis Agreement
35. PlJ8UC ENTITY c.nn INPORIIATIIW STA.TEMENT
A person or affiliate who has been pIaed on the convided vendor list following a
conviction for a public entity aime may DOt submit _ bid on _ COIIb-.t to provide any
goods or services to _ public eotity. ID8y DOt sutlmit . bid 00 . ~wact wi1l1 a public
entity for d1e COIIStrucOon or n::pair of a puhtic building or public wort, may not submit
bids on leases of real property to a public: aty, may DOt be _wanted or perform work as
a Construction ~. supplier, ~. or c:onsuiUmt .... a contract with any
public entity. and may not aratbia.1 business with lIlY public entity in excess of the
threshold amount provided in Section 287.017, for CATEOORY TWO for a period of 36
months from the d8Ie ofbe:iD8 placed on 1he c:onvided veodor list. .
36. MUTuAL R~VU:W
This agreemeot bas been CIRlfuIly reviewed by COIdrIctor DI the COWlty therefore, this
agreement is not to be construed lpinst either party on 1I1e basis of authorship.
37. INCOllPOaAnDN OW 8ID DOCIJlftJliIS
The tenns and conditions of die bid documents are incorporated by reference in this
contract agreement
38. ANNUAL A1P.OPRlADON
The County's perfOl1DlN:e IIId ohIiptioo to pay UlllB'dais ..... is ~gent upon
an annual appropriatioo by the Boerd of County C.......oners. In the event that the
County funds 00 which this Agreemmt is dependent are wi1hdrawn. this Agreement is
tenninated and the Cowty ... DO fur1her obIiplion ... the &enns of this Agreement to
the Contractor beyond that aIrady inc:umd by the termiaatioo date.
IN WITNESS WHEItEOF. COUNTY IDd CONTRACTOR berao have executed
this Agreement on the day -.d tilde first wriUen above in four (4) coumerp.ts, each of
Agreement
12
February 2008
, .
JANITORIAl SERVICES - BIG PINE KEY UBRARY
MONROE COUNTY. FLORIDA
which shall, widlout proof or accoonting for 1he other counterparts" be deemed an
original contract.
(SEAL)..
Attest: DANNYL. KOLHAGE, CLERK
By:G::;~_....-.L
MAY 2 1 (ooa
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONRO UN1Y. FLOIDA
By:
Mayor Charles " McCoy
Date: MAY 2 1 2008
Witnesses for CONTRACTOR:
DEPENDABLE JANITORIA &
B ANCE.INC.
~/~
Signature
Jf ~J/c;y
Date .
--~.....-.
i
'!)di/Clf/
Date '
of person authorized to
bind C .
Date: .t,IWfir
;,)41- ~ft'r1
Print Name
~~~~~7
Tel N~~vr-d':>"
:t 1:7 ~ .1
0 =
% ~ 1-
::Un?=. :c
::r:- 'Tl
Or-~- -< :":1
M;:z;:-<
c,,:. ;....~ N ! ~.:'
0':-:0' -.J
C::,:::--- -..,
-.... ....~- "
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~; ~ !~~ :::;r *~
:;"'....~:: ~ -.
~
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(';; ~ ::;1
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.-.greement
13
February 2008
Aro~.
~'
~ (305)247-5121 FAX: (305)248-8543
T . R. Jones & Company
1780 N Krome Avenue
CERTIFICATE OF LIABILITY INSURANCE
Palmetto, Manatee
COVERAGES
FL 34221
I DATE IMMIDOrfYYY)
2/19/2010
THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIF/CA TE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.
i INSURERS AFFORDING COVERAGE i NAIC #
'...'--.-.--.-.__.__..__._.__.__.,..__._._1_.__.._.... __
i INSURER A: Travelers ;
rl~~-;~R B- ScottsctalelnsuranceCO-.- .. -~.----.,-
r--.-.-- --.--..-'-;-.----.---.--.--- .'-t-.-.-.-----.
i INSURERC:Hartford F~re Insurance Co i 19682
lr~suRE~c_-=-~__-==--=--=-=__-=-~-=--=---=-l-_--=--==--=
. INSURER E:
Homestead FL 33030
----'m--"_'m__w___"__u____~___.____________~___ ~__.________ _____
lHSURED
Dependable Janitorial & Bldg. Maintenance, Inc
16 Shady Lane
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS Of5UCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INsRf'OO'tT---:.v..., ------.-T---POUCy~--TPoucyEFFECTivE JPOi:jCyl'XPlRA11ONr------,.- LlMITS-'------'--
I GENERAL. UABlUTY i ~ EACH OCCURRENCE. .. 1 $ 1~00 .tJl00
J::~ : . DAMAlTfOJiENfro'- -,------
. X L COMMERCiAl GENERAL LIABILITY : ~REMISES lEa occurrenceL.:..!__---.J,Q.~
r-- -, r--I
A : i : ClAIMS MADE ! X : OCCUR 1I6601408P338COF09 11/14/2009 11/14/2010 ! '-'ED EX? (Anyone peIWtl) ! $ 5,000
r~ ~ I-~- . I-
: : I ~~SONAl & ADV INJURL-U__L.oOO , OOQ
L--1 .___________.__. .
I i I ~J!ERALAGGREGATE 1$ ,2, 000L900
r--' --------
~~N'L AGGREGAl LIMIT ATLl.Y PER: ~~ODUCT~ COMPKlP....!cGG.f_~...QOO , OQQ
X I POliCY I ~ LOC
I AUTOMOBIlE lIA8IUTY ! COMBINED SINGlE LIMIT ! $
~l
; ANY AUTO I (Ea acddent) :
~ >---_._-!---._----~.-
b AlL OW>JED AUTOS I BODILY INJURY i $
SCHEDULED AUTOS , (Per peIWtl) I
I---n~,._u~,._.~,^~,_u--+--_" --~'-'-~,~-
r.-.-: HIRED AUTOS I BODILY INJURY i $
NON-OW>JED AUTOS :M acddent) t
f-. -"'------- -~._-----
,- -.~,.,-,--_._- --~-...-. PROPERTY DAMAGE , $
I (per accident) i
GARAGE UA8IUTY I I AUTO ONLY- EA ACCIDENT i $
Ii ANY AUTO I r-=..:-'----------.-'-i.-.------.-
I I OTHER THAN 'y<AC~",p_______~._
!-"'-j I
I I AUTO ONLY: AGG . $
! EXCESS/UMllRELLALIA8lUTY i ~ EACH OCCURRENCE i $ 2 ,000 , 000
~ OCCUR 0 ClAIMS MADE I AGGREGATE__~_+$__~OO..tJl9Q.
I . c-'-"'-.~___.+!____,___
r-l I
B I I DEDUCTIBLE iXBSOOO5527 11/14/2009 11/14/2010 i I $
,---------1 , I I--------.._-t;---~--
! X ! RETENTION $ 10, oooi i
I WORKERSCOMPENSA11ON I I ~ I we STATU-,lOTH-
' AND EMPLOYERS'LIABIU1Y Y I N I I ._..LIQBY.JJMIIS.J.ER+-__.____
I ANY PROPRIETORiPARTNERlEXECUTIVE 0 I i cE.:!::...EACH ACCIDENT ___...j..S_______
i OFFICERIMEMBER EXCLUDED? I
(Mandatory In NH) Lt:c,=-DlSEASE - EA EMPLOYEU__.____~
~reM1."~'~'~f/~S below I EL DISEASE - POlICY LIMIT i $
C I OTlfER ~OTP025542010 12/1/2010 12/1/2011 i $1,000,000
I
i Crime I
I
DESCRIPTION Of' 0PERA11ONSI LOCATIONS I VEHICLES I EXCWSlONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is listed as Additional Insured
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY Of' TlfE ABOVE DESCRIBED POUCIES BE CANCEllED BEFORE TlfE EXPIRA110N
Monroe County Board of County Commissione DATE TlfEREOF, TlfE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
1100 Simonton Street NOnce TO ntE CERTIFICATE HOLDER NAMED TO TlfE LEFT, BUT FAl.URE TO DO SO SHALL
Key West, FL 33040
IMPOSE NO OBlIGATION OR UABlUTY OF ANY KIND UPON TlfE INSURER, ITS AGENTS OR
REPRESENTA llVES.
AU1lIORIZED REPRESENTA 1lVE ~
T Jones Jr./CRECIO
ACORD 25 (2009/01)
INS025 (200901)
@1988-2oo9ACORDCORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon,
ACORD 25 (2009/01)
INS025 (200901)
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Public Works
Bulk Item: Yes -L No
Department: Facilities Maintenance
Staff Contact Person: John W. King, 292-4431
AGENDA ITEM WORDING: Approval to exercise the second option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal
Library, Marathon, Florida
ITEM BACKGROUND: On May 31, 2010, the current with Dependable will terminate. In
accordance with Paragraph 4 of the original contract dated May 21, 2008, the Owner has the option to
renew the contact for two additional one-year periods. This renewal will exercise the second option to
renew.
PREVIOUS RELEVANT BOCC ACTION: On May 21,2008, the BOCC approved award of bid
and execution of a contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial
service at the George Dolezal Library, Marathon, FL. On April 15, 2009, the BOCC approved
exercising the first option to renew.
CONTRACT/AGREEMENT CHANGES: Renew janitorial service contract to commence on June
1, 2010 and to expire on May 31, 2011; an increase in cost by the CPI-U of 2.7% from $520.52 per
month to $534.57 per month and from $6,246.24 per year to $6,414.84 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6,4l4.84/annual INDIRECT COSTS:
BUDGETED: Yesl No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
ad valorem
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty' ~ChasiOg
Risk Management _
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
March 16,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - April 21, 2010 BOCC Meeting
Exercise Second Option to Renew Janitorial
Services for George Dolezal Library, Marathon _
Dependable Janitorial and Building Maintenance, Inc.
The agreement with Dependable Janitorial and Building Maintenance, Inc. for janitorial services
will tenninate May 31, 2010. Pursuant to Paragraph 4 of the original agreement, the parties hereto
wish to exercise the second option to renew.
The renewal will commence on June 1, 2010 and expire on May 31, 2011; cost will be increased
by the CPI-U of 2.7% at December 31 of the previous year from $520.52 per month to $534.57 per
month and from $6,246.24 per year to $6,414.84 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dependable Janitorial Contract #_
Effective Date: 06/01/10
Expiration Date: 05/31/11
Contract Purpose/Description:
Janitorial services for the George Dolezal Library Marathon, Florida
Contract Manager: JoB. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/1 0 Agenda Deadline: 04/06/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,414.84
Budgeted? Y es~ No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 2,138.28
001-20501-530-340-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
p,~~e 13 Ye~D~~G(~~ ~~vlewer
3'Jh-(j) YeSDNOdm~
~b YesDNori"
YesD Noj2a?
Date Out
OMB Form Revised 2/27/01 MCP #2
SECOND RENEWAL AGREEMENT
(JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON)
TIllS SECOND 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
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the GEORGE DOLEZAL LIBRARY - MARATHON (hereinafter
"Original Agreement"); and
WHEREAS, the parties hereto did on April 15, 2009 renew the Original Agreement; and
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 second renewal
agreement; now therefore
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties agree as
follows:
I. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on June 1,2010 and terminate May 31, 2011; the amount of $520.52 per month
shall be adjusted by 2.7% in accordance with the percentage change in the U.S. Department
of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the
U.S. Bureau of Labor Statistics at December 31 of the previous year, to be Five Hundred
Thirty-Four and 57/100 ($534.57) Dollars.
2. Except as set forth in paragraph I of this Second Renewal Agreement, in all other respects,
the terms and conditions set forth in the Original Agreement 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)
A TrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Witnesses for CONTRACTOR:
't1~~^" ~
Ignattire
3-Cj-/()
~
E:M
Signature - -M
~ .-L/-/U
Date
;\ : - ." I ~-,
2L71~
In RENEWAL AGREEMENT
(JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON)
nPS 1 ST RENEWAL AGREEMENT is made and entered into this J ~ day of
~ ' 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a political
su vision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
DEPENDABLE JANITORIAL & BUll.J)ING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the GEORGE DOLEZAL LmRARY - MARATIION (hereinafter
"Original Agreement"); and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this 111 renewal
agreement; now therefore
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties agree as
follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
Commence on June 1, 2009 and terminate May 31, 2010; the amount of $520.00 per month
sball be adjusted in accordance with the percentage change in the U.S. Department of
Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S.
Bureau of Labor Statistics at December 31 of the previous year of .1 % to be Five Hundred
Twenty and 52/100 ($520.52) Dollars.
'-~.~,~. Except as set forth in paragraph 1 of this 111 Renewal Agreement, in all other respects, the
~~-,'<t,M~::::;;iQ~~"" " terms. and conditions set forth in the Original Agreement remain in full force and effect
eP~ ~"\"
kf}tJ.'r;t3t1i~S WHEREOF, the parties hereto have set thelt hands and seals the day end year first
!l9-q "',..,l"'" \' \~":: .,- ~ "'I
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"\\-\ '~:~(sEA~r $: 2/ BOARD OF COUNTY COMMISSIONERS
\\'~~~"irEsi:~~ANNY L. OLHAGE, CLERK OF MONROE COUNTY, FLORIDA
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DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INC.
By '1~ ~
Print Name ~,t!.# ~,..,
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JANITORIAl SERVICES - GEORGE DOlEZAL UBRARY - MARATHON
MONROE COUNTY. FLORIDA
AGREEMENT
IIOR JANITORIAL SERVICES
GEORGE DOLEZAL LIBRARY - MARAmON
MONROE COUNTY, FLORIDA
J 1$
This Agreement is made and entered into this ~I ~ day of ' ' , 2008,
between MONROE COUNIY, FLORIDA ("COUNTYj, a political 'vision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC.
("CONTRAcroR"), a Florida corporation, whose address is Post Office Box 2456, Key
Largo, Florida 33037.
WIIEREAS, COUNIY desin:s to provide janitorial services for GEORGE
DOLEZAL LmRARY - MARAmON, Monroe County, Florit:Ia. and
WIIEREAS, CONTRACI'OR desires and is able to provide janitorial services to
GEORGE OOLFZAL LmRARY - MARATHON, Monroe County, Florida; and
WIIEREAS, it serves a legitimate public purpose for CONTRACI'OR to provide
janitorial services to GEORGE DOLEZAL LmRARY - MARAmON, Monroe County,
Florida, now therefore,
IN CONSlDERA nON of the mutual promises and covenants c:ootained herein,
it is agreed as follows:
1. TIIJf. AGREXMENT
The Agreement consists oftbis document and its exhibits only.
2. SCOPE OJ' TAR WORK:
The Contractor shall tbmisb all labor, materials, equipment, tools. transpmation,
services, and incidentals, to perform all the work ~ry in accordance with the
specifications, i.e., janitorial service, including all necessary supplies. equipment, and
safety devices required in the paformance of same for the GEORGE DOLEZAL
LmRARY - MARATIION, Iocatcd at 3251 Overseas Highway, consisting of
approxim8te1y 7,028 s.f.
A. Restroom Sanitation sball include the following on a daily basis:
i. All Floors ~ loose dirt removed.
ii. Wash and disinfect floor
... Stall ~.. damp _1_--11
1It. ....._ ~
......
1
FeIJnaIry 2008
JANITORIAl SERVICES - GEORGE DOLEZAL UBRARY - MARATHON
MONROE COUNTY, FlORIDA
iv. All commodes, urinals, basins and vanities shall be scoured and
disinfected.
v. All urinal traps shall be specially cleaned and disinfected.
vi. AU sanitary napkin receptacles will be cleaned, waste disposed,
and disinfected..
vii. All supplies shall be replaced (paper goods, soap, etc.).
viii. All other work nec:e5S8ly to maintain a clean and sanitary condition
in these restrooms shall be accomplisbed. wbctber it is specifically
noted in these specifications or not.
NOTE: GEORGE OOLFZAL LIBRARY - MARATIfON has 1 male
public restroo.n with I toilet and 1 winal, I female public restroom
with 2 toilets, and 1 employee restroom with 1 toilet.
B. All sinks and water fountains outside the restrouw areas arc to be cleaned
daily. Water fountains are to be polished periodically.
C. General Cleaning sball be completed daily, and sbouId include the
following:
i. All tile floors are to be dusted and mopped.
ii. All finnitlR and furnishings to be dusted and spat cleaned.
iii. Low ~ sills, rails, tables. sbcIving, baseboards, etc. to be
wiped with a damp clodl to reduce the amount of dust in the
building.
iv. All trash receptacles emptied, and trash can liners replaced.
v. All upholster furniture to be vacuumed.
vi. All carpeting shall be vacuwned with a powerful HEPA vacuum,
such as the Orek.
D. Weekly janitorial services to include:
i. All glass pmtitioos, doors, mirrors, windows, etc. to be cleaned
and/or polished.
ii. Obvious scuff marks sball be removed from n:silient flooring.
iii. All door vents cleaned.
E. Monthly janitorial services to include:
i. AU high dusting (i.e. pictures, door fiamcs, air vents. tops of book
shelves, etc.)
ii. AU walls dusted monthly
Hi. All air conditioning vents. supply and return air grilles cleaned.
........1(
2
Fcbru8ry 2008
JANITORIAL SERVICES - GEORGE DOlEZAl UBRARY - MARATHON
MONROE COUNTY, FlORIDA
F. The Contractor sbaIl insure all exterior doors are locked while they are
servicing the building and upon their departure.
G. Janitorial services will be 4 days a week, Tuesday through Friday
(excluding holidays), anytime between the hours of6:OO p.m. and
completion before the Library opening time of J 0:00 a.m.
H. Coordination of the work with the ~ area repr~thltive shall be the
respollsibility of the Contractor. The Contractor shall perform the work
during hours and time as specified.
J. Keys shall be issued to the Contractor by the area reprGSOOtative at the
shirt of the Contract. Written confirmation of receipt of keys shall be
signed by the Contractor. The Contractor shall return all keys as issued
upon expiration of the contract or tennination.
J. The Contractor shall be n:sponsible for the cost of changing locks, etc., for
an keyed secured areas for which the Contractor does not return the keys.
K. The Contractor shall Iq)OI't any problems regarding open doors BDdIor
vandalism to the Facilities Maintenance Department.
L. The Contractor shall provide all supplies nec:-asary for the cleaning
performance of his work under the contract. All supplies, including but
not limited to, band soap, paper towels, toilet peper, and 1nIsh can liners,
shall be supplied by the Contractor.
M. Additional Services: (Sball be perfonned once in every three month
period. and shall be inc1udc:d in the bidding price.)
i. Resilient Flooring sball be swept/dust mopped and stripped. After
application of tine coals of wax, areas shall be bufi:d sufticiendy
for maximum gloss and mlifonn sheen from wall to wall, including
comers. The waxed floor sball pracnt a clean appeamnce free
from saatf ouats or dirt smears. FlII'IIiDR and/or other equipment
moved during floor $biwmg and waxing shall be returned to their
original positions.
ii. Dry Cleaning. sam CIcaniDg. or Sblanpooing Carpds and Rugs
shall be vacuumed of all loose soil and debris prior to cleaning.
and shall be free of straks, stains and spots, and shall have a
bright uniform color upon completion of dry clemin& steam
cieaning or shampooing.
3. PAYMENTS TO CON'IllACI'OR
A COUNlY'S perfOrmance and obI~ to pay under this agreement, is
cootinaent upon annual IppI'Opriation by the 8oIII'd of County Ccmmissioncrs.
........
3
FeIlr1*Y 2008
JANITORIAL SERVICES - GEORGE IXX.EZAL UBRARY - MARATHON
MONROE COUNTY, FlORtDA
COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act; payment will be made a&r delivery and inspection by COUNlY and upon
submission of a proper invoice by CONTRACfOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
document.etion acceptable to the Clerk, OIl a monthly scbedule in arrears. Acceptability
to the CIcIk is based Oft generally ~ accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal offimds. The Contract unount shall be
as stak:d by the CONTRACTOR's bid as follows: Five H..reeI twnty ud 11011~
DoRan (SS28M) per .-tIt (S6,Mt... per year).
4. TERM OP .4.G1IIVMINT
This Agreement sbaU comn~ 00 J1II1e 1, ~ and ends upon May 31, 281t, unless
tenninQted earlier under paragraph 18 of this Agreement.
The COUN1Y shill have the option to renew this Agreemean for up to en additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial tam. Unlea the
context clearly indicates oCberwise, te~ to the "term" of this Agreement sball mean
the initial term ofone (1) year.
The Cordnd amount shall be adjusted annually in accordance with the perc:entage
change in the U.S. Departmmt of Commerce Consumer Price Index (CPI-V) for all
Urban ~ IS reported by the U.S. Bumw of Labor Stati,nes and sbaIl be bued
upon the CPt-U computatioo at December 3] of the previous year.
s. ACCEPTANCE OF' CONDITIONS BY CONTRACTOR.
CONTRACTOR bas. and shall maintain throughout the tam of this A&reement,
appropriate licaIses. Proof of such licenses and approvals sball be submitted to the
COUNTY upon request.
6. FlNANCW. RECORDS or CONTRACI'OR
CONTRACTOR sbalI -.. all books, ft.COI'ds, and doaQllalts diR:ctIy pertinent to
performance under this Agreemean in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreemean or 1beir authorized
tepi~"es sball have raasonabIe and timely access to such reeords of e8Ch oIha'
party to this AgR:emcnt for public records purposes during the tenn of the Agreement and
for four years foUowiDg the taminMinq of this Agrl'lIflmMt. If en auditor anp10ycd by the
COUNTY 01' Clerk ddcnnines that manics paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not autborizcd by tbis Agreement, the
CONTRACTOR sbaU repsy the mooies togctbcI' with iIarest caICuIabld punua.U1 to Sec.
55.03. FS, nmnin& from the date the monies were pBlro CO"N'mACTOR.
Agru 1"
..
FdnIry 2008
JANITORIAL SERVICES - GEORGE DOlEZAL UBRARY - MARATHON
MONROE COUNTY, FLORIDA
7. PUBLIC ACCESS
The COUNlY and CONTRACTOR. shall allow and permit reasonable access to, and
inspection ot; all documents, ~ letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statu&es, and made or
received by the COUNlY and CONJ'RAcroR in coqjunction with this Agreanent; and
the COUNTY sbalI have the right to unilarerally cancel this AgRlement upon violation of
this provision by CONTRACTOR.
8. HOLD RARMI.Ii'Si) AND INSURANCE
CONTRAcroR covenants and agrees to indemrrify and hold Iwmless 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) IIId any other losses, dImages. and expc.~ (mcluding attu.lIlWY'S fees) which
arise out ot; in connection with, or by reason of services provided by CONTRACTOR
occasioacd by the ncgligmce. errors, or other wrongful act of omission of
CONTRACJOR. its employees, or agaIts.
The extent of liability is in no way limited to, reduced" or Icsscoed by the insurance
requirements c:.omained ebewhere within this agreematt. Failure of CONTRACfOR to
comply with the requiraDents of this section sball be cause for immediate 1ennination of
this agreement.
Prior to execution of this agJ~elDent, CONTRAcroR sball furnish the COUNTY
Certificates of Insurance indicating the minimwn coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimwn statutory limits as
required by Florida Law. In addition, the CONTRACTOR sbaIl obtain Employers'
Liability Insurance with limits of not less than '100.000.00 bodily injury by accident,
$500.000.00 bodily injury by disease, and $100.000.00 bodily injury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VElDCLE LIABILITY INSURANCE. Motor
vehicle liability ~ including applicable no-fault coverage, with limits of liability
of not less than '}OO.OOO.OO per ocx:unaK:e, combined single limit for BodDy Injwy
Liability and Propm.y Damage Liability. Coverage shall include all owned vehicles, all
DOI1~ vehicles, and all bind vehicles. If siDgIe limits are provided, the minimum
ac.ceptable limits are '50.DOO.ot! per person, '100.000.00 per 0CCUI'I'aICC. and '25.000.00
property ~. Coverage sbaIl include all owned vehicles, allllOll-OWlled vehicles,
and aU hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commc:rciaJ genera1liability coverage with
limits of lillbiJity of not less 1bao 1300.000.00 pel' occurrence oombincd single limit for
Bodily Injury Liability and Property Damap Liability. If single limits are provided, the
~
5
PeIln.-y 2001
JANITORIAL SERVICES - GEORGE DOlEZAl UBRARY - MARATHON
MONROE COUNTY, FLORIM
minimwn acceptable limits arc SJOO.OOO.OO per person. S300.ooo.00 per occurrence, and
S50.000.00 property damage.
The Contractor shall purdwe and maintain, throughout the term of the contract,
EMPWYEE DlSHONES1Y INSURANCE in the minimwn amount ofSlO.OOO.Of} per
OccurralCC which will pay for losses to County property or money caused by the
fraudulent or dishonest acts of tile Contra.ctots employees or its agents, whether acting
alone or in collusion of others.
MONllOE COUNTY SHALL BE NAMED AS AN ADDmONAL INSURED ON THE
GENEIlAL LIABILITY AND VEHICLE LlAllILlTY POLICIES.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided
to tile COUNTY at the time of execution of this Agreement and certified copies provided
if requested. Each policy CCltif:k:atc shall be endorsed with a provision that DOt less than
thirty (30) catendar days' written notice shall be provided to the COUNTY before any
policy or coverage is eanceled or restticted. The underwriter of such insurance sbaII be
qualified to do business in the State of Florida. If requested by the County Administrator,
the insurance coverage shall be PtUllalY insunnce with respect to the COUNlY, its
officials, employees, agents and volunteers.
9. NON-WAIV&R OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNlY and CONTRACTOR in this Agreement and the acquisition of any COtDIIlefCW
liability insurance covenge, self-insurance covenlp, or local goVClDlDellt liability
insurance pool covengc shall not be deemed a waiver of immunity to tile extent of
liability coverage, nor shall any AgR:emc.rt cntctQJ into by the COUN1Y be required to
contain any provision for waiver.
10. INDEPENDENT CONTIlAcroR
At aU times and for all purposes under this IgI'eCIDeDt CONTRACI'OR is .. independent
and not an employee of the Board of County Commissioners of Monroe County. No
........4 contained in this agMeIl~ shall be constnaed so as to find CONI'RACTOR or
any of his employees, subs, servants, or 8p8ts to be employees of the Boud of County
Commissioners of Monroe County.
11. NONDISCRIMINATION
The parties agree that there will be no discrimination against any ~ and it is
expressly uDdeutO()d that upon a determination by a court of c:ompek:nt jmisdiction that
discriminMion bas ocaarred, this Aareemem adom8ticaIly k;.",.~....es without any further
action 00 the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida ---. and all Ioc::al ordilW!CClS. U IIppIiaIbIe,
relating to nondisaimination. These include but ...., not HmitaI to: 1) Title VII of the
Civil Rights Act of 1964 (PL 88-352), wbich prohibit dilcriminatiOll in employment on
the basis of race. color, religion, ~ and 1IIItionaI origin; 2) Title IX of the Education
~'*lt
8
FeIInaIry 2001
JANITORIAL SERVICES - GEORGE DOlEZAl. UBRARY . MARATHON
MONROE COUNlY, FlORlD\
Amendment of 1972, as amended (20 USC U 1681-1683, and 1685-1686), which
prohibits discrimination 011 tile basis of sex; 3) Section 504 of tile Rebabititation Act of
1973, ~ amended (20 use fi 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use ~i 6101-(107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
TI'e8bnent Act of 1 m (PL 92-255), as ~ relating to nondisaimination on 1be
basis of drug abuse; 6) The Comprehensive Alcobol Abuse and Alcoholism Prevention,
Treatment and Rebabititation Act of 1970 (PL 91-(16), as amended, ~lating to
nondiscrimination on tile basis of alcohol abuse or alcoholism; 1) The Public Health
Service Act of 1912, ~~ 523 and 527 (42 use ~~ 690dd-3 and 29Oee-3), as ~
relating to confidentiality of alcohol aod drug abuse petaJt records; 8) Title VIll of the
Civil Rights Act of 1968 (42 use U 3601 ct seq.), as amended, relating to
nondiscrimination in the sale, n:utal or financing of housing; 9) The Americans wi1b
Disabilities Aa of 1990 (42 use fi~ 1201), as amended &om time to time, ~Iating to
nondiscriminati in employment on die basis of disability; 10) Monroe County Code
Chapter 13, Article VI, wbk:h prohibits discrimination on 1be basis of race, color, sex,
religion, Dationa1 origin, ancestly, sexual orieo1ation, gmder identity 01' expression,
familial status or age; and 11) any odIer oondisaimination provisions in any fedenJ 01'
state statutes which may apply to the parties to, or the subject matter ot; this Agreement
12. ASSIGNMENTISUBCONTRACf
CONfRACI'OR sball not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior wriUeo approval of tbe Bo8rd of CouDty
Commissioners of Monroe County, which approval shan be subject to sud1 conditions
and provisions as the Board may deem .--.--y. This paragraph sball be incorporated
by reference into any assignment or subcontract and any assignee or sub shall comply
with aU of tile provisions of1bis aareemeaL Unless api~ provided for therein, such
approval shall in no JJl8DDeI' or event be deemed to impose any additional obligation upon
the board.
13. COMPLIANCE wrm LAW AND LICENSE IlEOUlREMMINTS
In providing aD saviceslgoods pnuant to this ~ CONTRACTOR shan abide
by all laws of the Federal 8Dd State govcmment, ordi.....~ roles and regulations
pertaining to, or regal~ die provisions ot; such services, including thole now in effect
and ha'einafta' adopted. Complianc:e with all Jaws includes, but is not limDd to, tile
immigration laws of tile Fedc:ral IIJId State governmalt. Any violation of said statutes,
ordinances, roles and rcguletioas sball coostitute a IIUIIIIerial breach of this agreement and
sbaII entitle the B<.u to terminate 1bis Agn:ement. CONTRACTOR shall possess
proper licenses to perforo. work in aecordance with these specifications throughout the
tenn oftlris Agrcc:ment.
14. DISCLOSURE AND CONn..lCI" 0.. INTEIlw..n
CONTRACTOR .~~ts that it, its din:cas, p1~ _ anpIoyees, peC&04tJy have
no interest and sball ac:qaaft no intaest, either direct or iodi.~ wbicb would conflict ill
......N ..t
7
FeIlNIry 2008
JANITORIAL SEfMCES - GEORGE DOlEZAL UBRARY -IMRATHON
MONROE COUNTY, flORIDA
any manner with 1he performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida SQtaJtes.. COUNlY agRCS that officers and employees of
the COUNlY recognize and will be required to comply with the staoda'ds of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes.
regardiDg, 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 oertain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall noti1Y the COUNTY of any financlallukae:.t it may have in any
and all prognmlS in Monroe County which the CONTRACTOR sponsors, endorses,
recommends. supervises. or requires for counseling. assistance, evaluation, or treatn)Ctlt.
This provision shall apply whether or not such program is required by sbItotI; as a
condition of prob8tion, or is provided on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself; it has neither employed
nor retajned any company or pa"SOII, other than a bona fide employee woating solely for
it, to solicit or secure this Agreement and that it bas not paid or agreed to pay any person,
company, corporation, individual, or finD, other than a bona fide employee working
solely for it, any fee, commission, perc:emage, gift, or od1er oonsidendion contingent
upon or ~.Ifing fiom the award or male... of this Agreement. For the brach or
violation of the provision, the CONrRACTOR agrees that the COUNlY shall have the
right to terminate this AgruInent without liability and, at its discretion, to offset :&om
monies owed, or otherwise recover. the fidllllDOUJlt of such fee, commission, percen1a&e.
gift, or consideration.
15. NO PI.Ji'.DGR OF CR~nrr
CONlRACTOR shaD not pledge the COUNlY'S credit or make it a guarantor of
payment or surety for any \iUIlh~ debt. obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further Wet'" and fq)t~ that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this CORtnIct.
16. N011CE RI'.OIJlREMI'.NT
Any notice required or permitted under this 8greanent sball be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned n::eeipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenaoce Depe. bJ..ut
3583 South Roosevelt BouJevard
Key W~ FL 33040
and
COIDltyAttomey
PO. Box 1026
Key West, FL 33041-1026
FOR CONfRACTOR;
Dependable Janitorial &: Building
Maiotcoancc.. Inc.
Post Office Box 2S46
Key Largo, Florida 33037
AQrMn..
8
Feau.y 2001
JANITORIAL SERVICES - GEORGE DOl..EZAI.. UBRARY -IIAAATHON
MONROe COUNTY, flORIDA
17. TAXES
COUNTY is exempt fiom payment of Florida State Sales and Use taxes.
CONTRACTOR shan not be exempted by virtue of the COUNlY'S exemption &om
paying sales tax to its suppliers for materials used to fulfill its obligations under this
con~ nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONfRAcroR shall be raponsible for any and all
taxes, or payments ofwitbbolding, related to services rendered under this agreement.
18. TERMINATION
.. The COUNIY may terminate this Agreement with or without cause prior to
the commc:ncemcnt of work.
b. The COUNTY or CONTRAcroR may terminate this Agreement for
cause with seven (7) days notice to CONI'RACfOR. Cause shall constitute a breach of
the obligations of either party to perform the obligations enumerated under this
Agreement.
Co Either of the parties hereto may cancel this agrecmmt without cause by
giving the other party sixty (60) days written notice of its intaltioo to do so with neither
party having any fur1ber obligation under the term s of the contract upon tenninBtion.
19. GOVERNING LAW. VENUE.. INTKIlI'RETATION. COSTS. AND JI'.DS
This Agreement shall be governed by and oonsIJued in accordaoce with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause: of action or administrative procce-Jing is instituU:d for the
~ or intap.~ of this Aarecment, the COUNTY and CONTRACTOR
agree that venue willlic in the 4IpI)aupliate court or before the apptOipliate administrative
body in Monroe County, Florida.
D. MI!'.DIA nON
'The COUNIY ... CONTRACIOR aan:e that. in the event of conflicting intaplewions
of the terms or a term of this Agreement by or between any of them the issue sball be
submitted to mediation prior to the institution of any other administrative or legal
proceeI'Jmg Mediation proceed~ initiIted and conducted pursuant to this Agreement
shall be in accordaoce with the Florida Rules of Civil Procedure and usual and customary
procedun:s requin:d by the circuit court ofMooroe County.
21. SEVERABD.1TV
If any term, covenant, cooctitian or provision of tbis Agn:emeot (or the IIppIiadion
thereof to any circumstance or penon) shall be declared invalid or uncnforccable to any
eJdaJt by a court of competeo1 jurisdiction, the n:mainiqg terms, COYeDIIIts. conditions
and provisioos oftbis Agrccmeot. shall not be affedecI1hereby; and each JBRIlinma term.
covenant, condition and provisioo of this Agreement sbaII be valid and sball be
enforceable to the fullest extaJt permitted by law unless the enforoemeot ofdle remaining
AQrMnIlflt
9
Fet.n.y 2008
JANITORIAL SERVICES - GEORGE DOlEZAL UBRARY ~ MAAATHON
MONROE COUNTY, Fl~
terms, covenants. conditions and provisions of this Agreement would prevent the
aecompIisbmeot of the original intmt of this Agreement. The COUNTY and
CONTRACI'OR agRC to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent oCtile stricken provision.
22. A. TrORNEY'S Ji'D'_~ AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
adminislrative proceeding is initiated or defended by any party relative to the
enfiJn:etnent or intcrpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, inv~e, and out~f-pocbt expenses wbeIber it is the
prevailing party or not, through all levels oflbe court system.
23. ADJUDICATION OW DISPU'I'XS OR DISAGII~V.MINTS
COUNTY and CONTRACTOR agree that all disputes and disagreemeads shall be
attempted to be resolved by meet and confer sessions between ~vcs of
COUNTY and CONTRACTOR. If no resolution am be agreed upon widUn 30 days
after the first meet and confer session, the issue or issues sball be disaassed at a public
meeting of the Board of County Commissioners. If the issue or issues arc still not
resolved to the SItisfactioo of COUNTY and CONTRACTOR, then any party sban have
the right to seek such relief or ranedy lIS may be provided by this Agreement or by
Florida law.
24. COOPERATION
In the event any administrative or legal pI'(lCeeding is instituted 9im:t either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNlY 8Dd CONTRACTOR agree to participate. to the extent RlQUired by the other
party, in all ~gs, bearings. processes, meetings, and other activities related to the
suhlltJUlCe of this Agreement or provision of the services under this Agreement.
COUNIY and CONTRACTOR specificalJy agree that no P8rtY to this Agrecmeot shall
be required to enter into anyarbi1ration proceedinp related to this Agreement.
15. BINDING En'ECI'
The terms, cov~ conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
lepa cseublti'Ves, suooessors, and assigns.
26. AUlHORITV
Each party tept~b and wau~ to the other 1hat the execution, dclivay and
perfOl'lDarCe of this Agreement have been duly authorized by all ~y COUNTY
and ~ action, IS required by law.
.......
10
Fcm.y 2008
JANITORIAL SERVICES - GEORGE DOlEZAL UBRARY - MARATHON
MONROE COUNTY. FLORIDA
2.7. CLAIMS FOR FEDKRAL OR STATE AID
CONTRACTOR and COUNlY agree that each sbaII be, and is, empowered to apply for,
seek, and obtain federal and state funds to fiutber the purpose of this Agreement;
provided that all applicati~ requests. grant proposals, and fimding solicitalioo.s shall be
approved by each party prior to submission.
2.8. PRIVJI.I'.GI'.S AND IMMUNITIES
All of the privileges and immunities ftom liability, exemptions ftom 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 egents or
employees of the COUNIY, wbeo perfOlmiDg their respective functions under 1his
Agreement within the territorial limits of the COUNlY shall apply to the same degree
and extent to the performauce of such functioos and duties of such officc:rs, agents.
vohmteers, or employees outside the territorial limits of tile COUN1Y.
29. LEGAL OBLIGATIONS AND RI'1iPON!mIII.ITIIr..~
This Agreement is not intended to, nor shall it be construed as, relieving any particjpatiug
entity ftom any obligation or responsibility imposed upon the entity by law except to the
cxlaJt ofactual and timely pafu.luaDCC: tbereofby any participating entity, in which case
the perf~ may be ofltml in satisfilc:tioo of the obIiption or responsibility.
Further, this Agreement is not intended to, nor sbaIJ it be construed as, authorizing the
delegation of the oonstitutiooal or statutory duties of tile COUNlY, except to the extent
permitted by the Florida ~ SI8tr; dMntP.,. and case law.
31. NON-R2I .'ANCE BY NON-PARTD'..'i
No person or entity sball be entitled to rely upon the terms. or any of them, of this
Agreement to c:nforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or PfO&i6IU contaDpIated hereunder, and the COUNTY and the
CONTRACTOR agree 1bat neither the COUNTY nor the CONTRACTOR or lID)' eaent.
officer, or employee of either sball have the authority to inform, counsel, or otherwise
ind~ that any particular individual or group of individuals, entity or entities, have
entitlements or benefits UDder this Agreement sep8iA. and apart, inferior to, or superior
to the community in general or tOr the purposes contemplated in this Agreement.
31. A1TESTA11ONS
CONTRACTOR agrees to execute such documents as the COUNlY may reasonably
require, to include a Public Entity Crime Sta8lment, an Ethics Statement, and a Drug-Free
Workplace Statement.
AQnIemeIIl
11
FtlIlr18y 2001
JANITORIAL SERVICES - GEORGE DOLEZAl UBRARY - MARATHON
MONROE COUNTY, FLORIDA
32. NO PERSONAL I,U.Rll,ITY
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 oftbe execution of this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts. each of which sball be
regarded as an original, all of which taken together shall constitute one and the same
instrument.
34. ucnON 1R4DINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section beadings are not a part of this
Agreement and will not be used in the interpretation. of any provision oftbis Agreement.
35. PUBLIC ENTITY CRIME INJ.lORMATION STATEMENT
A person or affiliate who bas been placed on the convicted vendor list following a
conviction for a public enti1y crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a ~ with a public
entity for the construction or n:pair 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 pgI C-..m work as
a Construction MaDager, supplier, subcontractor, or consuJtant under a contract with any
public entity, and may DOt transact business with any pubHc entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY NO for a period of36
months from the date of being placed on the convicted vendor list. "
36. MUTUAL HVIEW
This agreement has been cardWJy reviewed by Contractor and the County tbcrefore, this
agreement is not to be construed .nw either party on the basis of authorship.
37. INCORPORATION OF RID DOCtJMENTS
The terms and conditions of the bid documents are incorporated by ICC~~ in this
contract agreement
38. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingaIt upon
an annual appropriation by the Board of County Commissioncn. In the CYCDt that the
County funds on which this Agreement is depeodeot are wi1bdnIwn, this Agreement is
~..ll
12
FebruIry 2001
, ;
JANITORIAL SERVICES - GEORGE 00lEZAL USRARY - MARATHON
MONROE COUNTY, FLORIDA
tenninated and the County bas no further obligation under the terms of this Agreement 10
the Contractor beyond that aJn:ady incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement OIl the day and date first written above in four (4) counterparts. each of
which shall, without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL)
~~OLHAG~CLERK
By: !~
Deputy Jerk
Date: MAY 2 1 2008
COMMISSIONERS
, FWIDA
By:
Mayor Charles ' McCoy
Date: MAY 2 1 2003
Witnesses for CONTRACTOR:
DEPENDABLE JANITORIAL &
BUILDING MAINTENANCE, INC.
~~
Signature
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FebnBy 2008
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BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~Y
Meeting Date: April 21, 2010
Division: Public Works
Bulk Item: Yes -.2L. No
Department: Facilities Maintenance
Staff Contact Person: John W. King. 292-4431
AGENDA ITEM WORDING: Approval to exercise the second option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Islamorada Library.
ITEM BACKGROUND: On May 31, 2010, the current with Dependable will terminate. In
accordance with Paragraph 4 of the original contract dated May 21, 2008, the Owner has the option to
renew the contact for two additional one-year periods. This renewal will exercise the second option to
renew.
PREVIOUS RELEVANT BOCC ACTION: On May 21,2008, the BOCC approved award of bid
and execution of a contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial
service at the Islamorada Library. On April 15, 2009, the BOCC approved exercising the first renewal
option.
CONTRACT/AGREEMENT CHANGES: Renew janitorial service contract to commence on June
1,2010 and to expire on May 31,2011; an increase in cost by the CPI-U of 2.7% from $502.51 per
month to $515.55 per month and from $6,030.13 per year to $6,186.60 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6.1 86.60/annual INDIRECT COSTS:
BUDGETED: Yesl No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
ad valorem
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Attyf ~Chasing
DOCUMENTATION: Included X Not Required
Risk Management _
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
March 16,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - April 21, 2010 BOCC Meeting
Exercise Second Option to Renew Janitorial
Services for Islamorada Library -
Dependable Janitorial and Building Maintenance, Inc.
The agreement with Dependable Janitorial and Building Maintenance, Inc. for janitorial services
will terminate May 31, 2010. Pursuant to Paragraph 4 of the original agreement, the parties hereto
wish to exercise the second option to renew.
The renewal will commence on June 1, 2010 and expire on May 31, 2011; cost will be increased
by the CPI-U of2.7% at December 31 of the previous year from $502.51 per month to $515.55 per
month and from $6,030.12 per year to $6,186.60 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the Islamorada Library.
JWKJjbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dependable Janitorial Contract #_
Effective Date: 06/01/10
Expiration Date: 05/31/11
Contract Purpose/Description:
Janitorial services for the Islamorada Library Islamorada, Florida
Contract Manager: JoB. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/10 Agenda Deadline: 04/06/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,186.60
Budgeted? Yes[Z] No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 2,062.20
001-20501-530-340-_
- - - -
-----
- - - -
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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
~atl In
Division Director 3 ~~l 10
Changes
Needed . &~Jier
YesD NoG}/
YesDNog! ~- .
Date Out
Risk Management 3 ;Jh - to
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O.M.B./Purchasing ~
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County Attorney
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Comments: ,I
OMB Form Revised 2/27/01 MCP #2
SECOND RENEWAL AGREEMENT
(JANITORIAL SERVICES -ISLAMORADA LIBRARY)
THIS SECOND 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
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the ISLAMORADA LIBRARY (hereinafter "Original Agreement");
and
WHEREAS, the parties hereto did on April 15, 2009 renew the Original Agreement; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this second renewal
agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
I. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the second of the two (2) one-year tenns. This tenn
will commence on June 1,2010 and tenninate May 31, 2011; the amount of $502.51 per
month shall be adjusted by 2.7% in accordance with the percentage change in the U.S.
Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year, to be
Five Hundred Fifteen and 55/100 ($515.55) Dollars.
2. Except as set forth in paragraph I of this Second Renewal Agreement, in all other respects,
the tenns and conditions set forth in the Original Agreement 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
Deputy Clerk
By
Mayor/Chairperson
Witnesses for CONTRACTOR:
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DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INC.
By '1~ [)~
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Date
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ItrI. RENEWAL AGREEMENT
(JANITORIAL SERVICES - ISLAMORADA LIBRARY)
TInS 1ST RENEWAL AGREEMENT is made and entered into this )s;!:!.. day of
~ ' 2009, between MONROE COUNTY (hereinafter "County" or ''Owner''), a political
s vision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21,2008 enter into an agreement for janitorial and
building maintenance services for the ISLAMORADA LffiRARY (hereinafter "Original Agreement");
and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this 151 renewal
agreement; now therefore
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties agree as
follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on June 1,2009 and tenninate May 31,2010; the amount ofS502.00 per month
shall be adjusted in accordance with the percentage change in the U.S. Department of
Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S.
Bureau of Labor Statistics at December 31 of the previous year of .1 % to be Five Hundred
Two and 511100 ($502.51) Dollars.
, , 2. Except as set forth in paragraph 1 of this 111 Renewal Agreement, in all other respects, the
~} 12Q8,:~~ and conditions set forth in the Original Agreement remain in full force and effect.
//f!.~ f2~~~SS WHEREOF, the parties hereto have set their hands and seals the day and year first
~u :'~" dlbOve ~en.
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~';'. \~,~;A:l:~bSj;Ig.. ~:_DANNY, L. KOLHAGE, CLERK OF~O O;:E COUNTY, FLORIDA
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DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INC.
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JANITORIAL SERVICES -ISLAMORAM UBRARY
MONROE COUNTY, FLORIDA
AGREEMENT FOR
JANITOIUAL SERVICES
ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
This Agreement is made 8lld _ into 1his PI.4t day of ~ ' 2008,
between MONROE COUNIY, FLORIDA ("COUNlYj, a political . vision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
DEPENDABLE JANITORIAL &: BUILDING MAINTENANCE, lNe
("CONTRACTOR"). a Florida corporatian, whose address is Post Office Box 2456, Key
Largo, Florida 33037.
WHEREAS, COUNlY desires to provide janitorial services for ISLAMORADA
LIBRARY, Monroe Comty, Florida, _
WHEREAS, CONTRACTOR desires tmd is able to provide janitorial services to
rSLAMORADA LIBRARY, Monroe County, Florida; and
WHEREAS, it serves a legitimate public pwpose for CONTRACTOR to provide
janitorial services to ISLAMORADA LIBRARY, Monroe Cowrty, Florida, now
therefore,
IN CONSIDERATION of die mutual })I'ODses md covenmts contained herein,
it is agreed as follows:
1. THE AGRltl::Mr.NT
The Agreement consiS1S of Ibis doaunem .... its edUbils mIy.
2. SCOPE O'F 'I'IIR WORK:
The Contractor sbalI fUrnish all labor. IDlIteriaIs, equipment, tools, transportation.
services, and incidentals, to perform alI1be work I'eceSsary in accordance with the
specificatioos, i.e., janitorialI S<<Vice, iDcIudina III DeCeSSaIy supplies, equipment,
and safety devices qquired in die perf~ eX S8III8 for die ISLAMORADA
LIBRARY, located at 2331 Overseas Highway, IsIamorada, Florida. consisting of
approximately 5,699 s.t
A Resttoom s.D1Jii0ll shlJllncIude the following 011 a daily basis:
1. AJI Floors SWept, loose dirt removed.
u. Wash and disinfect floor
iii. Stall par1itions damp cleaned.
AQrM""'"
1
February 2008
JANITORIAL SERVICES -IS~ UBRARY
MONROE COUNTY, FlORtOA
IV. AU ~ winaIs., bIIsins and V.uties shall be scoured and
disinfec::led.
v. All urinal traps sbaU be specially cleaned and disinfected
vi. All sanitary napIrin receptacles will be cleaned, wB3te disposed,
and disinfected.
vii. All supplies shall be replaced (peper goods. soap, etc.).
VlIl. All other work MCeS!1I)' to maintain a clean Ed smitary condition
in these restrooDIii shall be ~ whether it is specifically
noted in these specifications or not.
NOTE: ISLAMORADA LIBRARY'" 1 male public JeStroom with 1
toilet and I urinal, and 1 female public restroom with 3 toilets.
B. All sinks and water fomtaiDs outside the restroom areas are 10 be cleaned
daily. Water fountains are to be polished periodically.
C. General Cleaning shall be con:.,aeted daily, and should include the
following:
1. All tile floors are 10 be dmted and mopped
ii. All furniture a'Id c..m.-T to be dusted _ spot deaned.
lll. Low ledges, sills, rails. tables, shelving, baseboards. etc. to be
wiped with a damp cloth to reduce the amount of dust in the
building.
IV. All trash receptacles emptied, and tnBh can liners replaced.
v. All upholster furniture to be vacuumed.
VI. AU carpeting shaU be vacuwned with a powerful HEP A vacuwn,
such as the Orek.
D. Weekly janitorial services to include:
1. All glass partitions, doors., minors. windows, etc. to be cleaned
and/or polished.
u. Obvious scuff marks shaU be removed trom resilient flooring.
iii. All door vents demed.
E. Monthly janitorial services to include:
I. All high dusting (i.e. pictma, door &ames. air vents, tops of book
shelves, etc.)
ii All walls dusted monthly
Ul. All air coaditioniag Veals, supply MId ret\m air grilles cleaned
Agreement
2
February 2008
JANITORIAl SERVICES -ISlAMORAQA UBRARY
MONROE COUNTY. FLORIDA
F. The Contractor shall insure all exterior doors are locked while they are
servicing the building and upon their departure.
G. Janitorial services win be 4 days a week. Tuesday 1hru Friday (excluding
holidays), anytime between 1be hours of 6:00 p.m.. and completion before
10:00 a.m
H. Coordination of the work witb 1he Comly area repI'eSeIltative shall be the
responsibility of the Contractor. The Contractor sbal1 perform the work
dming hours and time as specified.
1. Keys shall be issued to the Contractor by 1be area ......smtative at the
start of the Contract. Wrius cmfil1Dllion of receipt of keys sha1l be
signed by the CootIadut. The ContractOI' sb8U return all keys as issued
upon expiration oCtile contract or termination.
J. The Contractor shall be RlIIpOMible for the cost of changing locks, etc., for
all keyed secured areas for which the ContnIctor does not return the keys.
K. The Contractor shall report my problems ....-mns open doors and/or
vandalism to die Facilities M8intenance Depeib....t.
L. The Contractor shall provide all supplies necessay for the cleaning
perfOJ1DlDCe of his wod: under die CODtnIc:t All supplies. including but
not limited to, hand SOIIp, paper towels. toilet paper, and trash can liners,
shall be supplied by the COOVactor.
M. Additional Services: (Shall be performed ooce in every three month
period, and sbaU be included in the bidding price.)
l. Resilient Flooring shall be sweptldust mopped met stripped. After
application oftbree coats ofwax, area shall be buffed sufficiently
for maxiDBBD gloss ... .morm sheen from wall to wall, including
comers. The waxed floor shall present . deIn appearance free
from scuff marts or dirt smears. Furniture and/or other equipment
moved during floor stripping and waxing shall be returned to their
original positians.
ii. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs
shalJ be vacuumed of all loose soil IOd debris prior to cleaning,
and shall be free of streaks, st8ins and spots, _ shall have a
bright uniform color upon completion of dry cleaning, steam
deaUng or shampooing.
3. fA YMENTS TO CONTIlAcroR
A. COUNlY'S pert'orllllllllc:e IIId obIi..- to pey ..... tis ~t, is
contingent upon __ lppfOpriatiClll by die BoMd of County Commissioners.
Agr.menl
3
February 2008
JANITORIAl. SERVICES -ISLAMO~ U8RARY
MONROE COUNTY, FLORIDA
COUNTY shall pay in accordmce with the Florida Local Govemmmt Prompt Payment
Act; payment will be made after delivery met inspectioo by COUN1Y and upon
submission of a proper invoice by CONTRACTOR
B. CONTRACTOR shall subnit to COUNlY invoices with supporting
documentation acceptable to the Cieri, OIl a IDDIItbty sc:heduIe in arrears. Acceptability
to the Clerk is based m geoenUy IICcep&ed ar.t'.nItntn,g priDci.ples and such laws. rules and
regulations as may govern the Oelt's diabunal of fimds. 1he Cootract amowrt shall be
as stated by the CONTRACTOR's bid as follows: ftwe IIIIIIdnd 1Wo..... noItOO--
DoIIan (S58Z.00) .... .....
4. TERM OF AGU~
This Agreement sb8U ro.MI~ 00 "- 1, ~, mil ends upoo Mar 31, ZOO9, 1.B1Iess
terminated earlier under PIRlIt8JPb 18 of tis ~
The COUN1Y shall have the opUm to IateW this ~~ for up to an additional two
(2) one year periods at terms .. oonditioas muluIIly lI8R'AbIe to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Urness the
context clearly indicates 0Iberwise. refeRDCeS to the "tam" of 1his Agreement shall mean
the initial term of one (I) year.
The Contract amolmt shall be adjusted annually in accordmce with the percentage
change in the U.S. Departmeut of C<lmu-vc; CCIISUIDeI' Price IDdex (CPI-U) for all
Urban Consumers as reported by die U.S. 8urau of Labor SUbstics and shall be based
upon the CPI.U computation at December 31 oftbe previous year.
s. ACCEPT'" NI'T OJ' CONDI'I'ION5. D CONTaAcnlII
CONTRACTOR bas, and shall IDIintain dvoughout the tenn of this Agreement,
appropriate licenses. Proof of sudllianses and approvals shall be submitted to the
COUN1Y upon request
6. FINANCIAL UOOIlDS Oft CONTaACI'OR
CONTRACTOR shaD _na..~ aU books, reoonts, MId dnr.a.... direedy pertinent to
penormance under 1bis ~ in accx.cL.~ with generally accepted aceounting
principles consistently applied. Each party to this Agreement or their authorized
representatives sball have laIOIIable and timely access to such records of each other
party to this Agreement for pablic records JUPOI4lS durina1he tam of1he Agreement and
for foW' years following the temUation of 1his Agreetnent If.. auditor employed by the
COUNlY or Clerk .....ui.- .. monies p1id to CONTRACTOR puI'SIBlt to this
Agreement were spent for pmposes DOt MJIhorized by tis ~ the
CONTRACTOR shall repay 1be monies together wi1b. interest calculated pwsuant to Sec.
55.03. FS. rmning from the date 1he monies were paid to CONTRACTOR.
7. PUBUC ACCESS
The COUNTY -.d CONTRACfOR sWI .now ... permit rea9"8ble aa:ess to. and
inspection of. aD doa.... PII*S. ItaIIs or other ..... in its possesaioo or tmder
Agreement
4
February 2008
JANITORIAL SERVICES -1Sl.AMORAM UBRARY
MONROE COUNTY, FLORIDA
its control subject to 1he provisions of Chapter 119, Florida Statutes, and made or
received by 1he COUNIY IDd CONTRACTOR in conjWlCtioo wi1h 1his Agreement; and
the COUNlY sbaIl have the right to tmiIateraUy C3ICd dUs Agreement upon violation of
this provision by CONTRACTOR.
8. HOLDIlARMI.J'_~AND~
CONTRACTOR covenants and 88feeS to indemnity axl hold harmless Monroe C01D1ty
Board of Comly Commissioners from any md all claims for bodily injury (mcluding
death), personal iojwy, and property danage (including property owned by Monroe
CO\Dlty) and any other losses, damages, and expenses (including attorney's fees) which
arise out ot: in conoecticn wi1b, or by reason of services provided by CONTRACTOR
occasioned by the nesJigence. errors, or other wrongful act of omission of
CONTRACTOR, its employees, or agents.
The extent of liability is in DO way limited to, ~ or 'essaJed by the insurance
requiJeuKUb contained elsewhere within this agreement FaiJwe of CONTRACTOR to
comply with the reqmJtmdlts of tbis section shall be C8USe for immediate termination of
this agreement
Prior to execution of 1his agreement, CONTRACTOR sball furnish the COUNlY
Certificates of IDsunnce indicating the .m.irnum coverage limitations in the foUowing
amoWlts:
WORKERS COMPENSATION AND EMPLOYER'S UABD..nv INSURANCE.
Where applicable, coveaae to 8PPIY for all employees at a miniQ1UlD statutory limits as
required by Florida Law. In ~ the CONTRACTOR. shill obtain Employers'
Liability Insurance widt limits of DOt less dIIn S]OO.()(}().OO bodily injury by accident,
$jOO,OOO.OQ bodily injury by disease, and $}OO.OOO.OO bodily injury by disease, each
employee.
COMPREHENSIVE AUJ'OMOBILE VEHICLE UABILfIY INSURANCE. Motor
vehicle liability ins1noce, iDdudiDg apphcabie no-fault coYel'l8O. with limits of liability
of not less than SJOO.OOlJ.OO pel' 0CCII01lDCe, ~ siosIe liDt COI' Bodily Injury
Liability and Property o-~ Liability. Coverage sbaII include all owned vehicles, all
non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum
acceptable limis are $j(J.()(J().fXJ per penon. S}OO.()()().OO per 0CCII01lDCe, and $25.000.00
property damage. Coverap sbaIJ iDcIude aU owned vehicles. aU noo-owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL UABlLnY. CoIlllDeicial 8flIIWftIliabiJny coverage with
limits of liability of not less dam $JO().()()().OO per 0CCUf'RIICe combined single limit for
Bodily Injwy Liability and Property DamIce Liability. If single limib are provided, the
minimwn ~e limits are S}OO.fXJO.OO per person, SJOO.OOO.OO per 0CCU1'IlI:lCe, and
$50.000,00 property damage.
Agreement
5
February 2008
JANITORIAl SERVIces -ISlAMO~ UBRARY
MONROECOUNTY,FLQmDA
The Contractor shall purcbase _ maintain,1broughout the tenD of the coo.tIact,
EMPLOYEE DISHONES1Y INSURANCE in Ibe minm.n amount ofS10.0lXJ.00 per
Occurrence which will pay for losses to County plvpgdy or JDODey aued by the
fraudulent or dishonest acts of the CooU'actor's employees or its agents. whether acting
alone or in collusion of oChers.
MONROE COUNTY SHALL BE NAMED AS AN ADDmONAL INSURED ON
THE GENERAL LlA.B1UTY AND VEHICLE U4BJUTY POUClES.
CERTIFICATES OF INSURANCE Original Certificates oflDsurlnce shall be provided
to the COUNlY at die time of execution of this AgnIemeot ald certified copies provided
if requested. Ead1 policy certificate JbaU be mdoned wilh a provision that not less than
thirty (30) calendar days' written DOti4;e sbaII be provided to tbe COUNIY before any
policy or coverage is c:anceled or restricted. The underwriter of such insurance shall be
qualified to do ~s in die State of Florida. If requested by die County Administrator,
the insurance covcnge shall be primMy insunmce wi1h respect to !be COUNTY, its
officials, employees. aaems and vohmteers.
9. NON-W AWE. 01' IMMUNrI'V
Notwithstanding the provisions of Sec. 168.28, Florida Statutes. the participation of
COUNTY and CONTRACTOR. in 1bis ~ _1be acquisitica of any commercial
liability insunmc:e covenlp. seIf..msunoce COY.... Clr Ioc:al govefDlDeDt liabilio/
insurance pool coverage shall not be ~ a waiver of imma..ity to the extent of
liability cov... nor shall any Agreement ent<<ed into by the COUNTY be required to
contain any provision for waiver.
10. INDEPENDENT OONTIlAcrnR
At all times and for aD pl8]JOISeS ......1his IIpleftIlMt CONTRAC1OR is an independent
and not an employee of 1be Boenl of County C~IlW.~~ of Mclmoe Comty. No
statement contained in dU.s agreemcIlt shill be construed so as to find CONTRACTOR or
any of his employees. subs, .-v.... or ..... to be employees of die Board' of County
Commissioners of Monroe County.
11. NONDL'liJCRIIIINA'I1ON
The parties asree that there will be DO discrimiDaaioo .... my person, and it is
expressly W1derstood that upon a detamination by a court of competent jurisdiction that
discrimination his 0CXUI'RId. dIis Apwnent UOInIticaIIy terminttes without any further
action 011 the part of any party. effective 1M dIte of the comt order. The paties agree to
comply with all Federal and FIcrida stanIes, and all local crdinlnc:es. as applicable,
relating to nondiscriminIII. n.e iDdudt .. .., DOIIimi1ed to: 1) TI1Ie VII of the
Civil Rights Act of]964 (PL 88-3'2), which proIIibit dilaiiJliil8liOll in ~t on
the basis of race, color, religioo, sex, and national origin; 2) Title IX of the Education
Amendment of 1972, as -.nded (20 use If 1611..1683. and 1685-1686). which
prohibits disaiminatioo on the .... of sa; 3) SeaioD S04 of the Rehabilitation Act of
1973, as amended (20 use f 194). which pmbibits discrimiDalion on the basis of
Agreement
6
February 2008
JANITORIAl SERVICES -ISlAMORADA UBRARY
MONROE COUNTY, FLORIDA
handicaps; 4) The Age Disaimination Act of 1915, as amended (42 USC H 6101-6107),
which prohibits discriminatico on die bMis of age; .5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-25.5). as amended. n:Utid& to POndiscrimination on the
basis of drug abuse; 6) The Compnlbeosive Alcobol Abuse and Alcoholism Prevention,
Treatment and Rchabilitabco Act of 1910 (PL 91-6] 6). . emended, relating to
nondiscriminatioo 00 the basis of alcoboI.. or aIccboIism; 7) The Public Health
Service Act of 1912, n S23 .. .527 (42 use If 69Odd-3 and 290ee-3), as amended,
relating to confidentiality of al<:obol and drug abuse patent reconis; 8) Title YD( of the
Civil Rights Act of 1968 (42 use U 3601 et seq.), as amended. relating to
nondiscrimination in the sale. rental or fiJumcing of ItoImng 9) The Americans with
Disabilities Act of 1990 (42 use H 1201).. IIIJXIJded from time to time, relating to
nondiscrimination in employ... co the basis of disalJility~ 10) Mcmoe County Code
Chapter l3. Article VI, whida proIu:lJds discrimination Oft die basis of race, color, sex,
religion, national origin, ancestly, sexual orientation. gender identity or expression,
familial status or ace; and II) Illy OCher noodisaimination provisions in any federal or
state statutes which may apply to the parties to, or die ~ect IIIIItt<< of: this Agreement.
12. ASSIGNMENTlSImCONTIlA.cr
CONTRACTOR sbaU not assign or subcontract its obligatious ooder this agreement to
others. except in writing and wi1h the prior written approval of 1he Board of County
Commissioners of Moaroe County. which approval shall be subject to such conditions
and provisions as the Board may dam necessmy. 'Ibis plII'88J'8ph sbaIl be incorporated
by reference into cmy assipmeot or subc:omr&1 _ 1m)' assignee or sub shall comply
with all of die provisions ol1bis .reen...ut UDIess expnIIJSIy provided for 1berein, sud1
approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
13. COMPLlANCI: WITH lAW AND UCl:.NSE ....n.JI.~MM~
In providing aU serviceslgoods pursDaIt 10 tis ~ CONTRACTOR shall abide
by all laws of the FedrnI .... SUIte PtIlIIUDeGt. ord~. rules met regulations
pertaining to, or regulating the provisions 0( sud1 services, including 1hose now in effect
and hereinafter adop&ed. CompI.ianee with all laws includes, but is not limited to, the
immigration laws of the Federal and State pemmeot Any violation of said statutes,
ordinances, rules and JegUlations shall emstitute a maIII'iaIlnacb of this agreement and
shall entitle the Boerd to termiDaae this Agnement CONTRACTOR sball possess
proper licenses to perform work in KCOIdInce with 1bese specifiadims 1broughout the
term of this Agreeoteot.
14. DISCLOSlJU AND (."()NfQcr OF IN'IT"'J'..~
CONTRACTOR ~ tbst it, is direeton, principles and employees, preseutly have
no interest and shall acquire DO iDteres1, ei1bar direct 01' iDdired, which would conflict in
any manner with the peDOIII-.ce of services RlqUired by 1his CXII1tI'aet as provided in
Sect. 112.311, et. seq.. Florida Statutes. COUNIY agrees that officers and employees of
the COUNlY ~ and will be required to ooqJIy widt the stmdards of conduct for
Agreement
7
FcbruaIy 2008
JANITORIAl SERVICES -ISI.AMORADA UBRARY
MONROE COUNTY, FLORIDA
public officers and employees E delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solia1ation or accepance of gifts; doing business with one's
agency; mauIhorized compr:nsation; nUuse of public position, conflicting employment
or contractual reIatiooship; Imd discloswe or use of certain information.
Upon execution of this contmct, and thereafter as dumges may require, the
CONTRACTOR shaD notify the COUN1Y of SlY financial intetest it may have in any
and all programs in Monroe Cotmty whim the CONTRACTOR sponsors, endorses,
recommends, supervises. or requira for COllUding. assis1a1c:e. evaluation, or treatment.
This provision shaIJ apply whether or DOt such program is required by statute, as a
condition of probation. or is provided on a voluntary basis.
COUNTY and CONTRACTOR wammt that, in respect to itself, it has nei1beJ' employed
nor retained any company or person, other thm a bona fide employee working solely for
it, to solicit or seaR this Agreement aod that it bas not paid or agreed to pay any person,
company, corporation, individual. or firm. other chin a bona fide employee working
solely for it, any fee, commission. percentage, gift, or other consideration contingent
upon or resulting from the &wa'd or making of this Agreement For the breach or
violation of 1he provision. 1he CONTRACTOR IIJIl'8S 1hIt the COUNlY shall have the
right to terminate this Agreement without liability and, at its discretion. to offset from
monies owed, or otherwise nK:Over. the full amenmt of such fee, commission, percentage,
gift, or considenltion.
15. NO PLEJ)(3; OJI' raInlT
CONTRACTOR shall not pledge 1be COUNlY'S credit or mike it a guarantor of
payment or surety for my c:oatrKt. debt. obIiptim. jl-tsmem. lien, or SlY form of
indebtedness. CONTRACTOR fm1her warrmts and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
16. NOTICE REOIJJR~M~NT
Any notice required or permitted under this agreauem shall be in writing and hand
delivered or mailed. pos&age prepeid, to 1be o1ber p&rty by certified mail, rehned receipt
requested, to the following:
FOR COUN1Y:
Monroe County
Facilities Maintenance Departnxm
3583 South Roosevelt Boulevard
Key West, FL 33040
and
COWlty Attorney
PO. Box 1026
Key West, FL 3304) -) 026
FOR. CONTRACTOR:
Depmdable Janitorial Building &
Maintsn.nce
Post Office Box 2S46
Key Largo, FL 33037
AgrMfMnt
8
Febromy 2008
JANITORIAl SERVICES -ISLAMORAQA LIBRARY
MONROE COUNTY, FLORIDA
17. TAXES
COUN1Y is exempt from paymmt of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of 1be COUNlY'S exemption from
paying sales tax to its suppliers for materials used to fulfill its obligatioos under this
contract, nor is CONTRACTOR authorized to me 1he COUNlY'S Tax Exemption
Number in secwing such materials. CONTRACTOR sbaIl be respotl$ible for any and all
taxes, or payments of withholding. related to services rendered under this agreement.
18. TERMlNA'I10N
a. The COUNIY may terminate this Agreement wi1h or wi1hout cause prior to
the conunencement of work.
b. The COUNIY or CONTRACTOR may teI:lUiu.tc this Agreement for
cause with seven (7) days notice to CONTRACTOR Cause shall constitute a breach of
the obligations of ei1ber party to perform the obligations enumerated Wlder this
Agreement.
Co Either of 1be parties hereto may cancel this agreement wi1bout cause by
giving the other party sixty (60) days wriUcn noti~ of its intention to do so with neither
party having any further obligation under 1be term s of the contract upon termination.
19. GOVEllNING LAW. VENUE.INTEIlPHTA'I1ON. COSTS. AND FEES
This Agreement sbaIl be governed by and coostrued in accorcWIce with the laws of the
State of Florida appIicabJe to Agreements made and to be performed entirely in the State.
In the event that -.y cause of Ktion or .dmi~.a:ive proceeding is instituted for the
enforcement or interpretation of Ibis Agreement, the COUNTY and CONfRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County. Florida.
20. MEDIA nON
The COUNlY and CONfRAcroR agree 1hat, in 1be evmt of cmfIictiDg interpretations
of the terms or a term of tis Agreement by or between any of 1bem the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation IJIO'*ldings initiated and conducted purstJ.u to this Agreement
shall be in accordaK:e with the Florida Rules of Civil Procechn and USUII and customary
procedures required by the cimUt court ofMooroe COUlly.
21. SEVERA....rrv
If any term. covenant, coodition or provision of this Agreement (or the application
thereof to any circuImtance or person) shan be declared invalid or menforceable to any
extent by a ocut of compeceot j..udictim, the flIIUIini--a tams, covtomts, conditions
and provisions of this Agreement, sb.all not be affected 1hereby; and each mnaining term,
covenant, condition ~ provision of 1bis Agreemcm shall be valid _ shall be
enforceable to the fullest extrDt pelMbltW by law 1mIess the emor,*wlOit of the remaining
AclNernent
9
Febtuary 2008
JANITORIAL SERVICES -ISl.AMORAQA UBRARY
MONROE COUNTY, FLORIDA
terms. covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement The COUNIY and
CONTRACTOR agree to moon the Agreement to replace any stricken provision with a
valid provision that comes as close as possible 10 1he iDleot of tile stricken provision.
22. A TI'OIlNEY'S Jl'D'lil AND COSTS
COUNlY and CONTRACTOR agree that in the event any cause of action or
administrative proc:eeding is initiated or defended by any party relative to the
enforcement or iDtaptNtioo. of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in bod1 trial and appellate proc-ti. Eadl party agrees to
pay its own court costs, investigative, and out-of.pocbt expenses whether it is the
prevailing party or not, through all levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNIY and CONTRACTOR agree 1bat all disputes and disagRements shall be
attempted to be RSOIved by meet and confer sessions between representatives of
COUNlY and CONTRACTOR. H no resolution can be agreed upon within 30 days
after the first meet and ooofcr session. the issue or issues shaD be disemsed at a public
meeting of 1he BoIIrd of County C~l). If the issue or issues are still not
resolved to the satisfaction ofCOUN1Y and CONlRACTOR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
24. COOPRRATlON
In the event any adIDnistmIive or legal proceed;ng is Dmituted 888inst either party
relating to the foDDltion. seaJlion. per~ or bIe8ch of this Agreement.
COUNTY and CONTRACTOR agree to pII1icipate, to 1he extent required by the other
party, in all ~ harings, processes, meetings, _ odw activities related to the
substance of this ~.t or provision of the servi4:eS .... this Agreement.
COUNlY and CONTRACTOR speQficaUy agree 1bat DO party to this Agreement shall
be required to enter into amy arbitratim ~ relaIed 10 this Agreeanent
25. BINDING EFFECr
The terms, COVenards, canditions, and provisions of 1bis Agreement shall bind and inure
to the benefit of COUNTY _ CONTRACTOR aid 1heir r~1ive legal
representatives, successors. and assigns.
26. AUTHOIUTV
Each party represents and warTalts to the other that the execution, delivery and
performance of this Agreement have been duly audJorized by all necessary COUN1Y
and corporate action, as required by law.
AQrwment
10
February 2008
JANITORIAl SERVICES -ISlAMORADA UBRARY
MONROE COUNTY, FLORIDA
27. CLAIMS FOR J'EDERAL OR STATE AID
~CONTRACTOR and COUNlY agree 1hat each shall be, awl is. ~ to apply for,
seek, and obtain fedemI _ stale fmds to fm1ber the purpose of 1bis Agreement;
provided that all applications, requests, grant proposals, and ftmding solicitations shall be
approved by each party prior to submission.
28. PRIVILEGES AND IMMIJNITD'_fi;
All of the privileges and ilDD1UDities from ~. elU!IIIptioos from laws, ordinances,
and rules and pensions .uI relief. disability. workas' c:onrpaISIdion, and other benefits
which apply to the activity of officers, agents. or employees of any public agents or
employees of the COUNlY, when performing their respective functions under this
Agreement within the tenitoriaIlimits of the COUNTY shall apply to the same degree
and extent to the perf~ of such fimctions and duties of such officers, agents,
vohmteers, or employees omside 1be territorial limits of the COUNlY.
29. LEGAL OBUGAnONS AND R5'~~PONSIBn~mt"_li1.
This Agreement is not intended to. nor sbaII it be coostrued as. relieving any participating
entity from any obligation or respcasibility imposed upon the entity by law except to the
extent of actual and timely perfOl1DllDCe tbereofby any participating entity, in which case
the perfol1D8DCe may be offered in satisfKtioo of the obligation or responsibility.
Further. this Agreement is not intended to. nor shall it be canstrued .. authorizing the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute., met case law.
30. NON-REI.U.NC'r. BY NON-PARTII'...(il,
No person or Entity shall be entitled to my ... the terms, or any of 1bem. of this
Agreement to enfo:n:e or attempt to Enforce my ~ daim or entitlement to or
benefit of any service or program CCXltemplated heremder, and the COUNTY and the
CONTRACTOR agree dUll neither the COUNTY nor the CONTRACTOR or any agent,
officer, or ~ee of eik sbaU have die aJtbority to inf<X1ll, eotmel, or otherwise
indicate that any particul. individual or group of individuals, ernity or entities, have
entitlements or benefits \IMler this Agreement sepII8te and apert, inferior to, or superior
to the community in general or for 1be purposes contempIaaed in this Agreement
31. AITESTATIONS
CONTRACTOR agrees to execute such documt:nts as the COUNTY may reasonably
require. to include a Public Entity Crime Statement. an Ethics Statement, and a Drug-Free
Workplace Statement.
~
11
February 2008
JANITORIAL SERVICES -ISLAMORAOA UBRARY
MONROE COUNTY, FLORIDA
32. NO PERSONAL UABII.lTV
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 00 this Agreement or be su~ect to any personal liability or
accOlmtabiIity by reason of the execution of 1his Agreement.
33. EXECV'nON IN COUNTERPARTS
This Agreement may be execmed in -r nmnber of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrwnent
34. SECfION m:ADINGS
Section headings bave been inserted in 1bis Agreement m a omtter of coovenience of
reference only, and it is agreed 1hat sudt section headings are not a part of this
Agreement and will not be used in the interpretatioo of any provision of this Agreement.
35. PUBUC ENTITY CIlDtt INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not subIDt a bid on a contract to provide any
goods or services to a public entity, may not sulmit a bid on a cootract with a public
entity for the constructioo or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, supplier, subcootrxtor, or eonsuItmt &mder a contract with. any
public entity, and may not transact business with. .my public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY lWO for a period of 36
months from the date ofbeiog placed 00 1be amvicted vemdor list. "
36. MUTUAL REVIEW
This agreement bas been carefully reviewed by COIlttactor and the Comty therefore, this
agreement is not to be constIUed against ei1her party 011 the bati of authorship.
37. INCOllPOllAnON 01' am DOCUMI:NTS
The terms and C<lI1ditions of the bid dOCWl'lCllts are inc::orpofated by reference in this
contract agreement.
38. ANNUAL APPROPRIATION
The County's perfomumce and obligation to pay under 1his agreement is contingent upon
an annual appropriation by 1be Board of County Comrniuiaoers. In the event that the
Comty funds on which this Agreement is dependent are widtdrawn. this Agreement is
terminated and the Comty has no further obligation ......1I1e terms of this Agreement to
the Contractor beyond that already inaB'red by the temDatiOll date.
Agreement
12
February 2008
JANITORIAl SERVICES -ISLAMORADA UBRARY
MONROE COUNTY, FLORIDA
IN WIlNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day aid date first written above in four (4) COWlterparts, each of
which shall, wi1bout proof or accounting for the 01her counterparts, be deemed an
original contract
(SEAL)
Attest: D~~1lRK
By~
be'pUty, lerk .
Date:" MAY-,! 1 2008 '
BOARD OF COUNlY COMMISSIONERS
OF MONRO , FLOIDA
By:
Mayor Charles .. McCoy
Date: MAY 2 1 2008
Wi1nesses for CONTRACTOR:
DEPENDABLE JANITORIAL &
BUILD ANCE, INC.
Si of person authorized to
~~~~
ML#' esf~
Print N
o
Number .$ ~Jl'i' -ol:J '-
ASSISTANT COU TY ATTORNEY
Date
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Agreement
13
February 2008
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Apri12L 2010
Division: Public Works
Bulk Item: Y es ~ No
Department: Facilities Maintenance
Staff Contact Person: John W. King, 292-4431
AGENDA ITEM WORDING: Approval to exercise the second option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Key Largo Library.
ITEM BACKGROUND: On May 31, 2009, the current with Dependable will terminate. In
accordance with Paragraph 4 of the original contract dated May 21, 2008, the Owner has the option to
renew the contact for two additional one-year periods. This renewal will exercise the second option to
renew.
PREVIOUS RELEVANT BOCC ACTION: On May 21,2008, the BOCC approved award of bid
and execution of a contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial
service at the Key Largo Library. On April 15, 2009, the BOCC exercised the fIrst one-year option to
renew.
CONTRACT/AGREEMENT CHANGES: Renew janitorial service contract to commence on June
1,2010 and to expire on May 31,2011; an increase in cost by the CPI-U of 2.7% from $747.95 per
month to $768.15 per month and from $8,975.40 per year to $9,217.80 per year.
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST: $9.217.80/annual INDIRECT COSTS:
BUDGETED: Yesl No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
ad valorem
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty~ OMB/Purchasing
Risk Management _
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
March 16,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - April 21, 2010- BOCC Meeting
Exercise Second Option to Renew Janitorial
Services for Key Largo Library -
Dependable Janitorial and Building Maintenance, Inc.
The agreement with Dependable Janitorial and Building Maintenance, Inc. for janitorial services
will terminate May 31, 2010. Pursuant to Paragraph 4 of the original agreement, the parties hereto
wish to exercise the second option to renew.
The renewal will commence on June 1,2010 and expire on May 31,2011; cost will be increased
by the CPI-U of2.7% at December 31 of the previous year from $747.95 per month to $768.15 per
month and from $8,975.40 per year to $9,217.80 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the Key Largo Library.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dependable Janitorial Contract #_
Effective Date: 06/01/10
Expiration Date: 05/31/11
Contract Purpose/Description:
Janitorial services for the Key Largo Library, Key Largo, Florida
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/10 Agenda Deadline: 04/06/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 9,217.80
Budgeted? Y es~ No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 3,072.40
001-20501-530-340-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed i~eViewer
Division Director ~Y1ILY YesD NoGj , ...
Risk Management ~(() YesD Nog ':) ~ .
O::i&B.IPurchasing ~ Y esD NO~
County Atttey ,3~ Y esD No~
Comments: (] ~
Date Out
:> Y! 10
OMB Form Revised 2/27/01 MCP #2
SECOND RENEWAL AGREEMENT
(JANITORIAL SERVICES - KEY LARGO LffiRARY)
THIS SECOND 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
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the KEY LARGO LIBRARY (hereinafter "Original Agreement"); and
WHEREAS, the parties hereto did on April 15, 2009 renew the Original Agreement; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this second renewal
agreement; now therefore
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties agree as
follows:
I. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the second of the two (2) one-year terms. This term
will commence on June 1, 2010 and terminate May 31, 20ll; the amount of $747.95 per
month shall be adjusted by 2.7% in accordance with the percentage change in the U.S.
Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year, to be
Seven Hundred Sixty-Eight and 15/100 ($768.15) Dollars.
2. Except as set forth in paragraph I of this Second Renewal Agreement, in all other respects,
the terms and conditions set forth in the Original Agreement 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)
A TrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Witnesses for CONTRACTOR:
~fi-'~~y ..~~j
"3 -e:; -/ ()
Date
~ r>J.kM
19nature -
3 -9-/0
DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INC.
By 1~ (O~
Print Nam"y:tNO 'l-# Os f t'')
Ad . V k:,
Date
!fi RENEWAL AGREEMENT
(JANITORIAL SERVICES - KEY LARGO LIBRARY)
TInS 1ST RENEWAL AGREEMENT is made and entered into this /~t.fL-daY of
~ ' 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a political
s . ion of the State of Florida,. whose address is lloo Simonton Street. Key West, Florida 33040, and
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"). a
Florida corporation. whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the KEY LARGO LIBRARY (hereinafter "Original Agreement''); and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this III renewal
agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on JaDe 1, 1089 and terminate May 31, 1018; the amount of $747.20 per month
shall be adjusted in accordance with the percentage change in the U.S. Department of
Commerce Consumer Price Index (CPI-U) for all Urban Conswners as reported by the U.S.
Bureau of Labor Statistics at December 31 of the previous year of .1% to be Seven
Hundred Forty Seven and 95/100 ($747.95) >>Ollan.
. _. 2. Except as set forth in paragraph 1 of this III Renewal Agreement, in all other respects, the
?:.~")'~?,,,:-,.,~ and conditions set forth in the Original Agreement remain in full force and effect.
j$!/f;r\L\-~:~~ss WHEREOF, the parties hereto have set their hands and seals the day and year first
,/('</.. .!~~~ ~:__,:.2..!'~\"'-
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\'/C:'\- ;;;:~(S~'i/&j !ill BOARD OF COUNTY COMMISSIONERS
\\c~~. ~~~L. KOLHAGE, CLERK O~F. OE COUNTY, FLORIDA
~~~ ~~,;. f V'\ ..L
,~~(..:;./ By "..~. 0 }o4A.,.e.q -
Dep Mayor/Chairperson
Witnesses for CONTRACTOR: ,.
J(~ E...d.J J-#//
Signature M&tJ
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Date r /
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Date /,r'
DEPENDABLE JANITORIAL & BUILDING
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JANITORIAL SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
AGREEMENT FOR
JANITORIAL SERVICES
KEY LARGO LIBRARY
MONROE COUNTY, FWRIDA
This Agreement is made and entered into this ~/.at: dolt of ~ ' 2008,
between MONROE COUNTY, FLORIDA (''COUNTI"'), a politi subdivision of the
State of Florida, whose address is 1 100 Simonton Street, Key West. Florida 33040, and
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC
(''CONTRACTOR"). a Florida corporation, whose address is Post Office Box 2456, Key
Largo, Florida 33037.
WHEREAS, COUNTY desires to provide janitorial services for Key Largo
Library, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
Key Largo Library. Monroe Comty. Florida; and
WHEREAS, it serves a legitimate public purpose for CONlRACTOR to provide
janitorial services to Key Largo Library, Monroe County, Florida, now therefore,
IN CONSlDERA TION of the mutual promises and covenants contained herein,
it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document and its exhibits only.
2. SCOPE OF THE WORK:
The Contractor shall furnish all labor. materials, equipment, tools. 1rtmportation,
services, and incidentals, to perform all the work necessary in accordance with the
specifications, ie., janitorial service, including all necessary supplies. equipment.
and safety devi4:es required in the perfonnance of same for the Key Largo
Library, located at MM 101.5, US Highway #1 oonsisting of approximately
12,068 s.f.
A. Restroom Sanitatim shall include 1be following OIl a daily basis:
1. All Floors swept, loose dirt removed.
n. Wash and disinfect Door
iii. Stall partitions damp cleaned.
Agreement
1
Februm:y 2008
. .
JANITORIAl SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
tv. All commodes, urinals, basins and vanities shall be scoured and
disinfected.
v. All urinal traps shall be specially cleaned and disinfected.
VI. All sanitary napkin receptacles will be cleaned, waste disposed,
and disinfected.
vii. All supplies shall be replaced (paper goods, soap, etc.).
viii. All other work necessary to maintain a clean and sanitaJy condition
in these restrootm sbaII be ~lisbed, whether it is specifically
noted in these specifications or not
NOTE: Key Largo Libnuy bas I male public restroom widt I toilet and 1
urinal, 1 female public restroom with 2 toilets and I employee
restroom widt 1 toilet.
B. All sinks and water fomtains outside the restroom areas are to be cleaned
daily. Water fountains are to be polished periodically.
C. General Cleaning shall be completed daily, and should include the
following:
i. All tile floors are to be dmted and mopped
11. All furniture and furnishings to be dusted and spot cleaned.
Ill. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be
wiped with a damp cloth to reduce the amount of dust in the
building.
IV. All trash receptacles emptied, and trash can liners replaced.
v. All upholster fmniture to be vacuumed.
VI. All carpeting shall be vacuumed with a powerful HEP A vacuum,
such as 1he Orek.
D. Weekly janitorial services to include:
t. All glass partitions, doors, mirrors, windows, etc. to be cleaned
and/or polished.
11. Obvious scuff marks shall be removed from resjlient flooring.
Ill. All door vents cleaned
E. Monthly janitorial services to include:
1. All high dusting (i.e. pictures, door frames, air vents, tops of book
shelves, etc.)
11. All walls dusted monthly
lll. All air conditioning vents, supply and retwn air grilles cleaned.
Agreement
2
Febnuuy 2008
JANITORiAl SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
F. The Contractor sball insW'e aU exterior doolS are locked while they are
servicing 1be building and upon their departu'e.
G. Janitorial services will be 5 days a week, Tuesday through Saturday
(excluding holidays), beginning at 7:30 am. or 8:30 am. and finishing no
later than 10:00 am (Library opening time).
H. Coordination of the work with the County area represe4tative shall be the
responsibility of the Contractor. The Contractor sball perfonn the work
during botD'S and time as specified
I. Keys shall be issued to the Contractor by the area representative at the
start of the Contract. Written confirmation of receipt of keys shall be
signed by the Contractor. The Contractor shall return all keys as issued
upon expiration of the contract or termination.
1. The Contractor shall be responsible for the cost of changing ~ etc., for
all keyed secured areas for which the ContJaCtor does not rehD'n the keys.
K The Contractor shall report any problems regarding open doors and/or
vandalism to the Facilities Maintenance Department
L. The Contractor shall provide all supplies necessary for the cleaning
performance of his work under the ccmtnIct. All supplies, including but
not limited to, hand soap. paper towels, toilet paper, and trmb can liners.
shaJl be supplied by the Contractor.
M. Additional Services: (Shall be perfonned once in every three month
period. and shaD be included in the bidding price.)
1. Resilient Flooring sbaIJ be swept/dust mopped IDI stripped. After
application of three coats of wax, areas shall be buffed sufficiently
for maximum gloss and lIliform sheen from wall to wall, including
comers. The waxed floor shall present a cle. appearance free
from scuff marks or dirt smears. Fwnitme and/or other equipment
moved during floor stripping and waxing shall be returned to their
original positions.
11. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs
shall be vacuumed of all loose soil and debris prior to cleaning,
and sbaU be free of streaks, stains and spots, and shall have a
bright uniform color upon completion of dry cleaning, steam
cleaning or shampooing.
3. PAYMENTS TO CONTRACfOR
A. COUNlY'S perfOI1llllDCe lBld obligation to pay mder this agreement, is
contingent upon mmual appropriation by the Board of COlDlty Commissioners.
Agreement
3
February 2008
JANITORIAL SERVICES - KEY lARGO UBRARY
MONROE COUNTY, FLORIDA
COUNTY shall pay in acoonJance with the Florida Local Government Prompt Payment
Act; paytnftlt will be made after delivery and inspectioo by COUNTY and upon
submission of a proper invoice by CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation accepIable to the Clerk. on a monthly schedule in arrears. Acceptability
to the Clerk: is based on generally accepted ~g principles and such laws, rules and
regulations as may govern the Clerk's disbursal of fmds. The Contract amount shall be
as stated by the CONTRACTOR's bid as foUows: SevIII......red fet1y-seveo and
2OJ100--DoIIan (5747.zo) ........
4. TERM OF AGREEMENT
This Agreement shall COIDltIIlIlCe on JuDe 1, 2008, and ends upon May 31, 2009, tmless
terminated earlier under paragraph 18 of this Agreement.
The COUNlY shall have the option to renew this Agreement for up to am additional two
(2) one year periods at temas and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Unless the
context clearly indi<:ates otherwise, ref~ to the "term" of this Agreement shall mean
the initial term of one (1) year.
The Contract amount shall be IMljusted ....ny in accoolamce with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all
Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based
upon the CPI-V compu1alioo at December 31 of tile previous year.
5. ACCEPTANCE OF CONDITIONS BY CONTllACTOR
CONTRACTOR has. aod shall DlBintain throughout the term of this Agreement.
appropriate licenses. Proof of such licenses ... approvals shll)} be submitted to the
COUNTY upon request.
6. FINANCIAL HC01lDS OF CONTllACI'OR
CONTRACTOR shall maintain all boob, records, and documents directly pertinent to
performance under this Agreemeftt in ~a wi1h generaUy aa:epted 8CCOWlting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and t:imeIy access to such records of each other
party to this Agreement for public: reoords pwposes clming the teon of the Agreement and
for four years following the termination of 1bis Agreement. If Sl auditor employed by the
COUN1Y or Clerk determines tbIt mooies pad to CONTRACTOR. purswmt to this
Agreement were spent for puposes not auIborized by this Agreement, the
CONTRACTOR shan repay the monies together with into~t calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to CONTRACTOR
Agreement
4
February 2008
JANITORIAl. SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, flORIDA
7. PVBUC ACCESS
The COUNTY -.d CONTRACTOR shall allow and permit reasooable access to, and
inspection ot: all documents. papers. letters 01" other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNIY and CONTRACTOR in cmjunctioo wi1b 1bis Agreement; and
the COUNTY shall have the right to ....tl8tenll1y aIlCeI1bis Aareement upoo violation of
this provision by CONTRACTOR.
8. HOLD HARMI~Ii'...4t.ti AND INSURANCE
CONTRACTOR covenants and agrees to indelmify and hold barmless Monroe County
Board of County Commissioners &om my aod all claims for bodily injury (including
death), personal injwy, and property damage (including property owned by Monroe
Comty) and any other losses, damages, and expenses (including attomey's fees) which
arise out of, in connection wi1h, or by reason of services provided by CONTRACTOR
occasioned by the negligence" errors, or other wrongful act of omission of
CONTRACTOR, its employees, or agents.
The extent of liability is in no W8Y limited to, reduced. or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of
this agreement.
Prior to execu1ioo of this agreement. CONTRACTOR shall furnish the COUNlY
Certificates of Insuraoce indi<:atins the minimum coverage limitaboos in the following
amounts:
WORKERS COMPENSATION AND EMPWYER'S LIABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a miDimwn statutory limits as
required by Florida Law. In addi1ion, the CONTRACTOR shaD obtain Employers'
Liability Insurance with limits of not less 1hao $JOO.OOO.OO bodily injury by accident,
$500.000.{)() bodily injury by disease, tmd $loo.()()(J.()f) bodily injury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LlABILI1Y INSURANCE. Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than S/OO.()()().OO per oc:cum.nc:e, combined single limit for Bodily Injwy
Liability and Property DamIae Liability. Cov.., sbalI include aU owned vehicles. all
non-owned vehicles. and all hired vehicles. If single limits are provided, the minimum
acceptable limits are $j().()()().OO per persoo, S/OO.(}()().OO per occurrence" and $25.000.00
property damage. Coverage shill include all owned vehicles, all Ron-owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL UABILfIY. Commercial general liability coverage with
limits of liability of not less than $300.000.00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. If single limits are provided, the
A;reement
5
February 2008
JANITORIAL SERVICES - KEY LARGO UBRARY
MONROE COUNTY. FLORIDA
minimum acceptable limits are $]fXJ.()()().OO per person. $300.000.00 per occurrence, and
$jO. 000. 00 property ~,
The Contractor shalf purchase and maintain, dlroughout the term of the cootract,
EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $/0.000.00 per
Occurrence which will pay for losses to C~ property or money caused by the
fraudulent or dishonest acts of 1he Contractor's employees or its agents, whether acting
alone or in collusion of o1bers.
MONROE COUNTY SHALL BE NAMED AS AN ADDl710NAL INSURED ON THE
GENERAL LIABILITY AND VEHICLE LIABILITY POUCIES.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided
to the COUNlY at the time of execution of this Agreement and ~:fied topes provided
if requested. Each policy certificate shall be endoJsed with a provision that DOt less than
thirty (30) calendar days' wriUeD notice sbaU be provided to die COUNTY before any
policy or coverage is canocIcd or restricted. The underwriter of such instmmce shall bo
qualified to do business in the State of Florida. If requested by the County Administrator,
the insurance toverage shall be primary insunnce with respect to the COUNTY, its
officials, employees, agen1s and vohmteeJs.
9. NO~WAIVEll OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNfY and CONTRACTOR in this Aareement and the acquisition of any conunercial
liability insurance coverage. self..msurance coverage., or local government liability
insurance pool coverage shall not be deemed a waiver of imDnmity to the extent of
liability coverage, nor shall my Agreement entered into by the COUN1Y be required to
contain any provisiOll for waiver.
10. INDEPENDENT CONTRACI'OR
At all times and for all purposes under this agreement CONTRACTOR is an independent
and not an employee of the 80erd of Cotatty Commissioners of Monroe County. No
statement cootained in this agreement sbaU be coostrued so . to find CONTRACTOR or
any of his employees, subs, servlDlS, or egeo1S to be employees of the Board of COlDlty
Commissioners of Monroe CO\I1ty.
11. NONDISCRIMINA nON
The parties agree that Ibere will be DO discrimination apinst any person, and it is
expressly understood that upoo a determination by a court of competent jwisdiction that
discrimination has occurred, this Asreemmt ~ tenninates wi1bout any further
action on the part of any party, Mcdi"e the dIte of1he court order. The parties agree to
comply with all Federal and Florida statWes, and III local ordinances, as applicable,
relating to nondiscrimination. 1bese include but are not limited to: 1) Title VII of the
Civil Rights Act of 1964 (PL Ss.3S2), which prohibit discrimiDatim in employment on
1he basis of race, color, religion, sex. and natiooaJ origin; 2) Tide IX of 1be Education
Agreement
6
February 2008
JANITORIAl SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
Amendment of 1972, as ammded (20 USC f~ 1681.1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 use I 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Disaimifl9tioo Act of 1975, as amended (42 use fi 6101-6107),
which prohibits discriminabm on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (pL 92-255). as amended, rebding to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcobol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination 011 the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, If 523 and 527 (42 USC If 69Odd-3 and 29()eo.3), as amended,
relating to confiden1iality of alcohol BOd drug abuse patent RlOOrds; 8) Tide VIII of the
Civil Rights Act of 1968 (42 use If 3601 et seq.), as amended, relating to
nondiscrimination in the sale, ren18l or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 use ii 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, mcestIy, sexual orieotatioo, gender idm1ity or expression.
familial status or age; a1d 1]) any ocher ncmdisaiminaaio provisims in any federal or
state statutes which DMIy apply to the perties to, or the subject lDItter of, 1his Agreement
12. ASSIGNMENTISUBCONTRACT
CONTRACTOR shall not assign or subcootract its obligations 1mder this agreement to
others, except in writing IBId with the prior written approval of the Board of County
Commissioners of Monroe County, whidl approval shall be suiject to such conditions
and provisions as the:: Board may deem necessary. lhis paragraph sbaU be incorporated
by reference into any usigmnent or subcootract and any assignee or sub shall comply
with all of the provisions of this agreement. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
13. COMPUANCE WITH LAW AND LICENSE DOVIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal md State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, sud1 services, including those now in effect
and hereinafter adopted. Compliance with an laws includes, but is not limited to, the
immigration laws of 1he Federal md Stale govanmeol Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement CONTRACTOR shall possess
proper licenses to perform work in acconIance with these specifications throughout the
term of this Agreement.
14. DISCLOSIJIlE AND CONI'U~ 01' ~W
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
Ag....mtnt
7
February 2008
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JANITORIAL SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
any manner with the performance of servi~ required by this contract, as provided in
Sect. 112.311, et seq., Florida Statutes. COUNlY aarees that officers and employees of
the COUNfY recognize and wiD be requiJed to ~ wi1h the staMIards 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 me of certain information.
Upon execution of this contract. Ed ~eafter as changes may require, the
CONTRACTOR shalJ notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises., or requires for ooooseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided 00 a voluntary basis.
COUNlY and CONTRACTOR. wman thIt, in .espect to itself, it bas nei1hel" employed
nor retained any company or person, odIer than a bona fide employee working solely for
it, to solicit or 5eCme this Agreement and 1bat it has not paid or agreed to pay any person,
company, corporation, indiridual, or finn, odter 1han a bona fide employee working
solely for it, any fee, COfI1JMssion, percentage, gift, or other consideration contingent
upon or resulting from the award or making of tis Agreement. For the breach or
violation of the pro~ 1be CONTRACTOR. agrees that the COUNlY shall have the
right to tenninate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such. fee, commission, percentage,
gift, or consideration.
15. NO PLEDGE 01' CRRDIT
CONTRACfOR shall not pledge 1be COUNIY'S credit 01' make it a guarantor of
payment or swety fOl' amy contract, debt. obIiplim, jl~7 lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness 1hat would impair its ability to fulfill the terms of this contract.
16. NOnCE UOIJIRJ:MI':NT
Any notice required or permitted under tis agreement shaD be in writing and band
delivered or mailed, postage prepeid, to the other pa1y by certified mail, retwned receipt
requested, to the following:
fOR COUN1Y:
Monroe COlDlty
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
and
County Attorney
PO. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
Dependable Janitorial Building &
MainteDance
Post Office Box. 2546
Key Largo, FL 33037
~ment
8
February 2008
JANITORIAL SERVICES - KEY lARGO liBRARY
MONROE COUNTY, FLORIDA
17. TAXES
COUNlY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of die COUNTY'S exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding. related to services rendered UDder this agreement
18. TERMINATION
a. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
b. The COUNTY or CONTRACTOR may terminate this Agreement for
cause with seven (7) days notice to CONTRACTOR Cause shall constitute a breach of
the obligatioos of ei1her pmy to perform die obligations enumerated mder this
Agreement.
Co Either of the parties h&nto may cancel this agreement without cause by
giving the 01her party sixty (60) days written notK:e of its intention to do so with neither
party having any further obligation under the term s of the cootract upon termination.
19. GOVERNJNG LAW. VEPfUL IN''R....rr.&. DON. COSTS.. AND FEES
This Agreement shall be governed by and coostrued in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNlY and CONlRACTOR
agree that venue will lie in the appropria&e court or before the appropriate administrative
body in Monroe Co\Dy. Florida.
20. MEDTATION
The COUNlY and CONTRACTOR agree that, in the event of cooflicting interpretations
of the tenns or a term of 1bis Aareement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediatioo ~ ini1i8ted aod conducted pwsurmt to this Agreement
shall be in accordance widl1be Florida Rules of Civil Procedure md usual md C1BtoIDaIy
procedures required by the circuit court of Monroe COlIlty.
21. SEVERABII~ITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circurmtaDce or person) sbaIl be declared invalid or lDenforceable to any
extent by a court of CODllletent jurisdictim, the Je...ming terms, covemants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining tenn,
covenant, condition and provision of this Agreemeot shall be valid and shall be
enforceable to the fullest extent permitted by law mless the eoforc:ement of the remaining
AuI'Mment
9
February 2008
JANITORIAl.. SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishmtnt of the original intent of this Agroemeot The COUNlY and
CONTRACTOR agree to reform the Agreemmt to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
22. A TrODErS FEIi'_~ AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative prrv-ting is initiated or defended by any party relative to the
enforcement or interpletaticn of this Agreement. the prevailing party sbaIl be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system
23. ADJUDICA nON OF DISPU1'I.S OR DlSACIlJ:~MJ:Nn
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet .... confer sessicns betwea1 :representatives of
COUNTY and CONTRACTOR If no resolution can be agreed upon within 30 days
after the first meet and confer sessi~ the issue or issues shall be discussed at a public
meeting of the Boerd of County Commissioners. [f the issue or issues are still not
resolved to the satisfaction of COUNlY and CONTRACI'OR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the fomudion, execution. perfonnance, or breach of this Agreement.
COUNTY and CONTRACTOR agree to particip*, to the extaH required by the other
party, in all prOC'~s, hearings, ...acesses. ~. Mld other activities related to the
substance of this Agreemmt or provisia1 of the services 1mder this Agreement
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitratim proceedings related to this Agreement.
25. BINDING EFnCI'
The terms, covenants, condiuODS, and provisions of 1bis Agreemmt shall bind and inure
to the benefit of COUNIY Imd CONTRACTOR md 1beir respective legal
representatives, successors, and assigns.
16. AUTHORITY
Each party represents and wamI1tS to the other that the executioo, delivery and
performance of this Agreement have been duly authorized by aU necessary COUNTY
and corporate action. as required by law.
Ag....ment
10
February 2008
"
JANITORIAl SERVICES - KEY lARGO LIBRARY
MONROE COUNTY, FLORIDA
27. CLAIMS FOR FEDERAL O'R STATE AID
CONTRACTOR and COUNlY agree that each shall be, and is, empowered to apply for,
seek, and obtain fedeJal and state foods to further the purpose of tis Agreement
provided that all applications, requests, grant proposals, and Muting solicitations shall be
approved by each party prior to submission,
28. PRIVD.EGES AND IMMtJNI1U:S
All of the privileges and il1lllUmities from liabili1;y, exemptioos from laws, ordinances,
and rules and pensions and relief, disability, wOlters' compensaIion, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when perfonning 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 fooctions and duties of such officers, agents,
volunteers, or employees outside the tenitoriallimi1s of1be COUNTY,
29. LEGAL OBLIGA nONS AND RIi'-~PONSlBlLmES
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 perfOllDllllCe thereof by any psrticipating eoti1;y. in which case
the performance may be offered in satisfactiOll of 1he obligation or responsibility.
Further, this Agreement is not intended to, DOl'" shall it be coosuued as, authorizing the
delegation of the constitutional or stalutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
30. NON-REI.IANCE BY NO'N-pAIt'IU'..S
No person or eoti1;y shall be entitled to rely upon 1be terms, or any of them, of this
Agreement to enfORe or ~ to eafon:e Sf 1biJd..p&rIy claim or entitlement to or
benefit of any service or program cmtemplated berew1der, and the COUNTY and the
CONTRACTOR agree Ibat neither the COUNlY nor the CONTRACTOR or any agent,
officer, or employee of eidter shall have the authority to inform, co\l1Sel, or otherwise
indicate that any particular individual or group of individUBIs, enti1;y or entities, have
entitlements or benefits mder 1bis A8reement sep8I1Ite and apert. inferior to, or superior
to the cornmuni1;y in general or for the purposes contemplated in this Agreement.
31. ATTESTA nO'NS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug. Free
Workplace Statement
32. NO PJ:R"QlN.lL ...A....rrv
No covenant or agreement contained herein shall be deemed to be a covenant Of
agreement of any member, officer, agent or employee of Monroe County in his or her
Agreement
11
February 2008
'"
JANITORIAL SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
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 1he executioo of 1bis Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any nwnber of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrwnent
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be med in the interpretal:ioo of any provision of this Agreement.
35. PUBlJC ENTITY CIUMI: INI'ORMAnON STATEMENT
A person or affiliate who has been placed on the convicted vEIldor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases ofrea1 property to a public entity, may not be awarded or perform wod: as
a Construction Manager, supplier, subcootractor. or coosuJtart under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amolDlt 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. "
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Coo.tractor and die Comty therefore, this
agreement is not to be construed a,sainst ei1ba' party 011 the basis of auIhorship.
37. INCORPORAT{ON OF BID DOCUMENTS
The terms and conditions of the bid documen1s are incorporated by reference in this
contract agreement
38.. ANNUAL APPROPRIA,TlON
The Comty's performance and obligation to pay lUlder this agreement is contingent upon
an annual appropriation by the BoanI of County Commissionem. In the event that the
COlttl'ty fimds on which this Agreement is dependmt are withdrawn, this Agreement is
tenninated and the Comty has DO fm1ber obligation mder the 1erms of 1his Agreement to
the Contractor beyond that already incurred by the terJmnabm date.
",,""merit
12
February 2008
JANITORIAl SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, each of
which shall, wi1hout proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL)
:~RK
Deputy erk
MAY 2 1 2008
BOARD OF COUN1Y COMMISSIONERS
OF MONROE UNTY, FLOIDA
Date:
"McCoy
Date: MAY 2 1 Z008
Witnesses for CONTRACTOR:
DEPENDABLE JANITORIAL &
BUll G ANCE, INC.
~
Signature
~J'ICJ;
l/!!!/f
Jf/okf:/or
Si of persoo authorized to
legally bind C~~
Date: 4j ~~CJE-
/Y'ae,41 ~k'?
Print N~
:af1:t~~7
Tel N1BJ1ber .3~-c:Xw--ogo1."-
Date
AgrMment
13
FebruaIy 2008
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division:
Public Works
Bulk Item: Yes ~
No
Department: Facilities Maintenance
Staff Contact PersonlPhone #:JoOO W. King/292-4531
AGENDA ITEM WORDING: Approval to enter into a one-year's residential lease agreement with a
Sheriff's Deputy for Location B to commence April 1, 2010 and terminate March 31, 2011.
ITEM BACKGROUND: In 2008, this deputy agreed to move from Location A (with a lower rent) to
Location B (at the same rent as Location A) to accommodate the County to use Location A as the
temporary Big Pine fIre station during construction of the new fIre station. However, there was the
understanding the deputy would have the option to return to Location A at construction completion. At
the November 18, 2009, The Boys and Girls Club was granted a lease at Location A, thereby taking
away the option for the deputy to return to Location A at the lesser rent, as was the original intent.
Location B has a higher rent of$I,672. Since the deputy has no other option at this time and he is not
able to pay the full rent, he has agreed to an incremental increase in monthly rent of$300, from $671 to
$971, with another increase next year ifhe remains at Location B. This current lease at Location B will
terminate on March 31, 2010. The Monroe County Sheriff's offIce has recommended that this deputy
remain in Location B for another year.
PREVIOUS RELEVANT BOCC ACTION: At the January 16, 2008 BOCC meeting, a residential
lease with this deputy was terminated at Location A, and approved for Location B because Monroe
County needed Location A for another purpose. At the February 18, 2009 meeting, the BOCC
approved a residential lease with this deputy at Location B.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
-0- INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -1; No AMOUNT PER MONTH_ Year $11.652.00
APPROVED BY: County Attyff ~/PurchaSing _ Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
DATE:
February 22,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - April 21, 2010 BOCC Meeting
Lease Agreement - Monroe County Sheriff's Deputy
At the January 16, 2008 BOCC meeting, a residential lease with this deputy was terminated at
Location A, and approved for Location B because Monroe County needed Location A for another
purpose. The deputy agreed to move to another location to accommodate the County, with the
option to return to Location A. This lease at Location B with the deputy will terminate on March
31,2010.
At the November 18, 2009, The Boys and Girls Club was granted a lease at Location A, thereby
taking away the option for the deputy to return to Location A at the lesser rent, as was the original
intent. Location B has a higher rent of $1,672. Since the deputy has no other option at this time
and he is not able to pay the full rent, he has agreed to an incremental increase in monthly rent of
$300, from $671 to $971, with another increase next year if he remains at Location B. This
current lease at Location B will terminate on March 31, 2010. The Monroe County Sheriff's
office has recommended that this deputy remain in Location B for another year.
I hereby request approval of this one-year's residential lease agreement for Location B with the
Sheriff's Deputy to commence April 1, 2010 and terminate March 31, 2011.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MC Sheriffs Deputy Contract #_
Effective Date: April 1, 2010
Expiration Date: March 31, 2011
Contract Purpose/Description:
Residential lease with Law Enforcement Officer
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/10 Agenda Deadline: 04/06/1 0
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ 11,652.00
Budgeted? Yes X No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 5,826.00
-
--
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~ahel:n Needed
Division Director 5 ... 0 Y esD No~
Risk Management~;)f;, (D Y esD N~
O(~B./P~hasing ,~/l> YeSONo;J"
~~ YesDNo.B
Date Out
OMB Form Revised 2/27/01 MCP #2
RESIDENTIAL LEASE
WITH LAW ENFORCEMENT OFFICER
This Agreement is made and entered into by the parties, MONROE COUNTY, a political
subdivision of the State of Flor~oo Simonton Street, Key West,
Florida 33040, ("County"), and..--,. a Law Enforcement Officer(s)
of the Monroe County Sheriffs Office, ("Officer").
WITNESSETH:
WHEREAS, the County owns a residential premises ("premises") situated at
_ commonly known as House locate
_Key, Monroe County, Florida and;
WHEREAS, the County believes the presence of a law enforcement officer
residing at the premises described in this agreement would deter vandalism and theft at
the premises, and;
WHEREAS, the Officer desires to provide the law enforcement protection
required under this agreement and further desires to reside on the premises, and;
WHEREAS, the County has decided that at the present time it is in the County's
best interest to enter into a lease with the Officer( s) to provide the deterrence described;
Now, therefore, the parties agree as follows:
1. PROPERTY.
known as
County, Florida.
County leases to the Officer the remises which is commonly
, located at , Monroe
2. TERM. The term of this agreement is one year commencing on April 1, 2010
and running through March 31,2011. There is no automatic renewal of this agreement.
In the event that the Officer does not vacate the premises and surrender them to the
County upon termination of the Agreement, Officer will be liable for rent at a rate of
$20.00 (Twenty Dollars) per square foot per month prorated for the time he/she continues
to occupy the property, as well as County's expenses and reasonable attorney fees in
obtaining possession of the property.
3. USE. The premises and shall be used solely for the purpose of a residential
premise. If the premises are used for any other purpose, the County shall have the option
of immediately terminating this agreement. The Officer shall not permit any use of the
premises in any manner that would obstruct or interfere with any County function our
duties.
The Officer will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. The Officer shall not cause, or allowed to be
caused, any nuisance or objectionable activity of any nature on the premises. The Officer
will not use or occupy said pre'mises for any unlawful purpose and will, at the Officer's
sole cost and expense, conform to and obey any present or future ordinances and/or rules,
regulations, requirements and orders of governmental authorities or agencies respecting
the use and occupation of said premises. The Officer acknowledges that if he or she
ceases to be employed as a law enforcement Officer during the term of the lease, for any
reason whatsoever, the lease is terminated.
Officer covenants and agrees that he will during the term of the Lease keep the
premises in a good state of repair and in the current condition, and that upon the
expiration of the lease he or she will return the premises to the same good state of repair
as when he or she moved into the premises.
The Officer agrees that only his or her immediate family or an approved non-law
enforcement roommate shall occupy the premises.
The Officer agrees to clean the premises at the end of the lease and to return it to
the same condition that it was in when the Officer accepted the house. The Officer
agrees to pay any fees that the County incurs to clean the premises if necessary after the
officer vacates the premises.
4. RENT AND SECURITY DEPOSIT. For the use of the premises, the Officer
shall pay the County Nine Hundred Seventy-One Dollars ($971.00) per month, said
payment due on the first day of the month. The Officer shall pay a security deposit in the
amount equal to one months rent to the County prior to occupancy. The monthly payment
shall be remitted to the Monroe County Clerk of Courts, Finance Department, 500
Whitehead Street, Key West, FL 33040.
5. UTILITIES. The Officer shall pay for the utilities including water, sewer/septic,
electricity and solid waste collection. The cost of connections for the above described
utilities shall be at the expense of the County.
The Officer shall arrange for and provide residential electric service, telephone
service, and cable television service, at his or her own expense. The cost of connections
for residential telephone service and cable television service shall be paid for by the
Officer.
6. CONDITIONS. The Officer further agrees that, during the term of this
agreement, the Officer is and will remain:
a) Certified as a regular, fulltime law enforcement Officer by the Florida
Criminal Justice Standards and Training Commission;
b) a Deputy employed by the Monroe County Sheriff's office and empowered
to make arrests under the laws of the State of Florida;
c) he or she will not sub-lease the premises nor assign any obligation, benefit
or duty created under this Agreement, without written consent of the
County.
d) he/she shall have a letter of permission from hislher Agency Head
permitting Officer to execute Agreement which shall be attached to this Agreement as
Exhibit "A".
7. DUTIES AND REPORTING. The Officer shall, at least twice each 24 hour
period, conduct an inspection and walk through of the property, and shall check for any
signs of theft, vandalism, and shall question, and if necessary remove, any unauthorized
or suspicious persons found on site.
The Officer shall also note in writing any damage, safety hazards, civil or
criminal activity observed during his or her inspection and shall inform the Division
Director of the County's Public Works Department of any such hazards in writing within
2 days or immediately if the inspection reveals a criminal act, or possible danger to a
member of the public.
In addition to the above, a regular report on the inspections shall be forwarded to
the Officer's superior and to the Division Director of Monroe County Public Works on
the last day of each month or within 5 days thereof. The report shall contain the date and
time of the inspection, what the inspection found, whether a citation or arrest report, or
Notice to Appear or any other instrument was issued, a copy of any document issued
shall be attached to the report, a notation as to the action taken by the Officer, and when
remedied a notation of what was done.
8. TERMINATION BY COUNTY. This Agreement may be terminated before
the expiration of a one year term, with or without cause and in the sole discretion the
County, upon
a) 60 days written notice by the County to the Officer,
b) 30 days written notice by the County to the Officer when;
i) The Officer has left the employee of the Monroe County Sheriffs
Office;
ii) The Officer is no longer certified as required by this agreement;
iii) The Officer fails to timely pay the County the amount described in
this Agreement or fails to obtain or to keep telephone service as
required under this Agreement;
iv) The Officer fails to conduct the walk around inspections required
by this Agreement or fails to inform Monroe County Public Works
of any observed safety hazards as required under this Agreement;
v) The Officer leases the premises ~assigns any interest without the
required consent under this agreement;
c) IS days notice by the County to the Officer in an emergency situation.
9. TERMINATION BY OFFICER. The Officer may terminate this Agreement
upon 30 days written notice to the County if he or she transferred to a substation whose
location would make it impractic$lJ to continue to reside at the residence or if the Officer
leaves the employ of the sh1Plofthe Monroe County Sheriffs Office; or upon 15 days
notice by the Officer to the County in an emergency situation.
10. INSURANCE AND HOLD HARMLESS. The Officer agrees to carry $10,000
(Ten Thousand Dollars) in personal liability coverage on the premises and shall provide
evidence thereof by Certificate of Insurance. Officer will notify County upon receipt of
any notice of reduction or termination of such insurance, and shall immediately obtain
replacement insurance.
The Officer agrees to indemnify and hold harmless the Monroe County Board of
County Commissioners from any and all claims for bodily injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, or in connection with or by
reason of the Officer utilizing property governed by this Agreement, except for such
claims as may occur due to the Officer's performance of duties under section 7 of this
Agreement.
11. DAMAGE TO ANIMALS OR PLANTS BY PET(S). The Officer shall have
sole responsibility for any damage, harm, nuisance, claim or other liability which arises
as result of the Officer(s) keeping pets are other animals on the premises, including the
parking area upon which the rental premises is situated. This provision especially applies
to the taking of endangered or threatened species of animals as a result of the action of
the Officer's pet(s). Officer shall maintain proper restraint safeguards to ensure against
takings and shall be solely liable for takings which occur; regardless of the degree of care
the Officer has exercised to prevent any takings. Any repairs shall be paid for by the
deputy within thirty (30) days of being given notice by the County of the cost of the
damages.
12. ALTERATIONS AND/OR MODIFICATIONS. If Officer wishes to make
any modifications or alterations to the premises he/she must first make the request in
writing to the County, and receive written permission from the Division Director of
Monroe County Public Works prior to making any alterations and/or modifications.
13. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent
by certified mail to the following:
For the County:
Dent Pierce
Division Director
Public Works
1100 Simonton Street
Key West, FL
Telephone: 305-292-4560
For the
Signature of Officer
- -
Print Name
Address
City, State Zip
Telephone
14. ATTACHMENTS. The following documents are required to be attached to this
Agreement:
a) EXHIBIT A: Letter from Officer's Agency Head permitting Officer to
execute Agreement.
b) EXHIBIT B: Certificate of Liability Insurance
c) EXHIBIT C: Copy of Officer's ClATC Certificate
This Agreement shall not be effective until signing by all parties and by attaching all
fully completed Exhibits to the Agreement.
15. OFFICER NOT AN AGENT OR EMPLOYEE OF THE BOARD: It is
specifically agreed that the Officer is not an agent or employee of the Board of County
Commissioners; that the Officer agrees that he/she is not entitled to worker's
compensation coverage, unemployment compensation, health or life insurance,
retirement benefits, or social security benefits because of this Agreement; and that any
acts performed under this Agreement by the Officer are strictly in hislher capacity and
under hislher authority as a law enforcement Officer. This provision is not meant to limit
the Officer's authority to make arrests, investigate alleged or actual crimes, or to enforce
the state laws, and County Ordinances.
16. WHOLE CONTRACT AND WAIVER. This Agreement is the whole
Agreement between the parties, and no prior or contemporaneous oral or written
communications are part of the Agreement. If the County waives any breach of the
contract, that waiver shall not waive the covenant or conditions breached nor any later
breach of any or part of the contract.
17. MODIFICATIONS. If the Officer wishes to make any modifications or
alterations to the premises, he/she must first make the request in writing to the County,
and receive permission from the Division Director of Public Works prior to making any
alterations.
18. GOVERNING LA WSIVENUE. This Agreement shall be governed 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. The County and Officer specifically agree
that neither the provisions of Chapter 733, Florida Statutes (Mobile Home Park Lot
Tenancies) nor the provisions of Chapter 513, Mobile Home and Recreational Vehicle
Parks) are to be applied as governing this Agreement or use as constructing provisions of
this Agreement.
19. MEDIATION. The parties agree to mediate any disputes under this agreement,
and further agree that they will not arbitrate any disputes.
20. SEVERABILITY. If any term or provision of this Agreement shall to any
extent be held invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each remaining term and provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
IN WIlNESS WHEREOF, the parties hereto have been executed this Agreement as of
the date first written above.
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By:
Deputy/Clerk
By:
Mayor Sylvia 1. Murphy
WIlNESS for DEPUTY:
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January 14,2010
Monroe County Public Facilities Maintenance
Attention: Jo Walters. Contract Monitor
Gato Building
1100 Simonton Street - Suite 2-284
Key West. Florida 33040
Dear Ms. Walters.
I recommend renewing the lease for Dep
, Monroe County house loCated at
The house is commonly known as the home at
I appreciate your assistance and please feel free to contact me if you
have any further Questions at 745-3184.
Sincerely,
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Lieutenant Gene Thorn n
Station Commander. strict One
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2010
Division:
Public Works
Bulk Item: Yes x No
Department: Facilities Maintenance
Staff Contact Person/Phone #:John W. King/292-4531
AGENDA ITEM WORDING: Approval of Agreement with Sheriff Robert Peryam to provide office
space to the Monroe County Sheriffs Office at the Murray E. Nelson Government and Cultural
Center in Key Largo, FL
ITEM BACKGROUND: In 2009 the Sheriff requested use of County office space at the Murray E.
Nelson Government and Cultural Center. Due to County personnel downsizing office space was
available. The Sheriff is a Constitutional Officer servicing the entire County community. The Sheriff
has requested continued use of the office space.
PREVIOUS RELEVANT BOCC ACTION: At the March 18, 2009 BOCC meeting, the BOCC
approved a one-year agreement with the Monroe County Sheriff s Department for office space.
CONTRACT/AGREEMENT CHANGES: New Agreement
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: maintenance/utility costs INDIRECT COST: N/A BUDGETED: Yes ..JLNo
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year $
APPROVED BY: County A~( O~Urchasing _ Risk Management_
" ,~<'
l
DOCUMENTATION: Included X NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
DATE:
February 22,2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - April 21, 2010 BOCC Meeting
Agreement - Monroe County Sheriff's Department
In 2009 the Sheriff requested use of County office space at the Murray E. Nelson Government and
Cultural Center. Due to County personnel downsizing office space was available. At the March
18, 2009 BOCC meeting, the BOCC approved a one-year agreement with the Monroe County
Sheriff's Department for office space.
The Sheriff is a Constitutional Officer servicing the entire County community and has requested
continued use of the office space.
I hereby request approval of this one-year agreement with the Sheriff's Department to commence
March 19,2010 and terminate March 18,2011.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Monroe County
Sheriff s Department
Contract #_
Effective Date:
Expiration Date:
March 19,2010
March 18,2011
Contract Purpose/Description:
A reement with Sheriff Robert Pe am to rovide office s ace to the Monroe
Coun Sheriff's office at the Murra E. Nelson Government and Cultural Center in Ke
Lar 0, FI
Contract Manager: Jo B. Walters
(Name)
4549
(Ext. )
Facilities Maint/Sto #1
(Department/Stop #)
for BOCC meetin on
04/21/10
A enda Deadline: 04/06/10
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ -0-
Budgeted? Yes X No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ -0-
-
--
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
}DateIn Needed._,,//~() ,- Re.viewer
Division Director 3 rV] lL 0 YesO NoL::::J . ~
Risk Management ~-(D YesO NoEl" -
{J,,'1J- ~ ~
O.M.B./Purchasing..3 .. /6 YesO NoW
f ..
County Attor,r"J G YesD NoliO
Comments: 1I /
Date Out
-(J
OMB Form Revised 2/27/01 MCP #2
AGREEMENT
THIS AGREEMENT, made this 17th day of March, 20 I 0 by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as
BOCC), whose address is 1100 Simonton St., Key West, FI. 33040 and the Monroe
County Sheriffs Office, (hereinafter referred to as MCSO), whose address is 5525
College Rd., Key West, FI. 33040.
WHEREAS, the BOCC leases premises to other governmental agencies servicing
the County community; and
WHEREAS, MCSO has requested use of County office space; and
WHEREAS, the BOCC has determined that it is in the best interests of Monroe
County to provide approximately 462 square feet of office space at the Murray E. Nelson
Government and Cultural Center, located at 102050 Overseas Highway in Key Largo,
Florida;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Contract Term. This agreement is for the period commencing on March
17, 2010 and terminating on March 16, 20 II.
2. BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the MCSO as can be provided without requiring
an increase in personnel or any purchase or lease of real property.
3. Relationship of Parties. The MCSO is, and shall be, in the performance of
all works, services, and activities under this Agreement, an independent
agency, and not an employee, agent or servant of the BOCC. The MCSO
shall exercise control, direction, and supervision over the means, manner
personnel and volunteers through which it performs its duties. Although
this Agreement is a cooperative agreement, similar in many respects (but
not all) to a partnership, the MCSO shall have no authority whatsoever to
act on behalf and/or as agent for the BOCC in any promise, agreement or
representation other than specifically provided for in this agreement. The
BOCC shall at no time be legally responsible for any negligence on the
part of the MCSO, its employees, agents or volunteers resulting in either
bodily or personal injury or property damage to any individual, property or
corporation.
4. Modification. Additions to, modification to, or deletions from the
provisions of this contract may be made only in writing and executed by
the BOCC. No modification shall become effective without prior written
approval of both parties.
5. Breach and Penalties. The parties agree to full performance of the
covenants contained in this contract. Both parties reserve the right, at the
discretion of each, to terminate the services in this contract for any
misfeasance, malfeasance or nonperformance of the contract terms or
negligent performance of the contract terms by the other party. Any
waiver of any breach of covenants herein contained shall not be deemed to
be a continuing waiver and shall not operate to bar either party from
declaring a forfeiture for any succeeding breach either of the same
conditions or covenants or otherwise.
6. Indemnification and Hold Harmless.
a) To the extent permitted by law, and as limited by section 768.28,
Florida Statutes, the BOCC shall defend, indemnify and hold
harmless MCSO and its officers, employees, or agents from any
and all liability, losses or damages, including attorneys' fees and
2
costs of defense, which MCSO or its officers, employees, or agents
may incur as a result of any claim, demand, suit, or cause of action
or proceeding of any kind or nature arising out of, relating to, or
resulting from the negligent performance of this contract by the
BOCC, its employees, officers and agents. MCSO shall promptly
notify the BOCC of each claim, cooperate with the BOCC in
defense and resolution of each claim, and not settle or otherwise
dispose of the claim without the BOCC's participation.
b) To the extent permitted by law, and as limited by section 768.28,
Florida Statutes, MCSO shall defend, indemnify and hold harmless
the BOCC and its officers, employees, or agents from any and all
liability, losses or damages, including attorneys' fees and costs of
defense, which the BOCC or its officers, employees, or agents may
incur as a result of any claim, demand, suit, or cause of action or
proceeding of any kind or nature arising out of, relating to, or
resulting from the negligent performance of this contract by the
MCSO, its employees, officers and agents. The BOCC shall
promptly notify MCSO of each claim, cooperate with MCSO in
the defense and resolution of each claim, and not settle or
otherwise dispose of the claim without MCSO's participation.
c) The indemnification provisions of this contract shall survive
termination of this contract for any claims that may be filed after
the termination date of the contract provided the claims are based
upon actions that occurred during the performance of this contract.
7. Laws and Regulations.
a) This Agreement shall be construed by and governed under the laws
of the State of Florida unless in an area of law pre-empted by
federal law. The parties agree that venue for any dispute shall lie
in Monroe County, Florida.
3
b) The MCSO shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work thereof,
and shall not discriminate on the grounds of race, color, religion,
sex, age or national origin in the performance of work under this
Agreement.
c) Any violation of said statutes, ordinances, rules, regulations and
executive orders shall constitute a material breach of this
Agreement and shall entitle the BOCC to terminate this Agreement
immediately upon delivery of written notice to the MCSO.
8. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
9. Finance Charges. The BOCC will not be responsible for any finance
charges.
10. Severability. If any provision of this contract shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of
this contract, or the application of such provision other than those as to
which it is invalid or unenforceable, shall not be affected thereby; and
each provision of this contract shall be valid and enforceable to the fullest
extent permitted by law.
II. Assignment. The MCSO shall not assIgn, transfer, sublease, pledge,
hypothecate, surrender, or otherwise encumber or dispose of this contract
or any estate created by this contract or any interest in any portion of the
same, or permit any other person or persons, company or corporation to
perform services under this contract without first obtaining the written
4
consent of the BOCC. In the event of such consent, this agreement shall
be binding upon MCSO's successors and assigns.
12. Disclosure. The MCSO shall be required to list any or all potential
conflicts of interest, as defined by Florida Statues Chapter 112, Part III
and the Monroe County Ethics Ordinance. The MCSO shall disclose to
the BOCC all actual or proposed conflicts of interest, financial or
otherwise, direct or indirect, involving any client's interest which may
constitute a conflict under said laws.
13. Care of Property. The MCSO shall be responsible to the BOCC for the
safekeeping and proper use of the property entrusted to MCSO's care, and
to process all documents necessary to continue, without interruptions, any
maintenance or service contracts relating to such equipment for its service
life.
14. Ethics Clause. MCSO warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any
BOCC 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 contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former county officer or BOCC officer or
employee.
15. Termination. Termination of this Agreement shall occur at the Natural
ending date, or earlier should either party determine that there has
occurred any material breach of any covenants herein contained, or either
party otherwise deems it in their best interest to terminate. Termination
5
may be with or without cause, and shall require written notice to be given
to the other party as follows:
a) In the event either party terminates for breach of contract,
termination shall be effective at such time as the terminating party
shall declare in its notice to terminate for cause, with a minimum
of fourteen days notice in writing required prior to effective
termination.
b) In the event either party terminates without cause, the termination
shall not take effect until at least sixty days subsequent to written
notice to the other party, and the effective date of termination shall
be specified in said notice.
16. Full Agreement. This Agreement constitutes the entire and full
understanding between the parties hereto and neither party shall be bound
by any representation, statement, promises or agreements not expressly set
forth herein and in duly executed amendments under paragraph 4 hereof.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
6
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor Sylvia Murphy
(SEAL)
Attest:
MONROE COUNTY SHERlFFS OFFICE
By
Title
Mark L Willis-General Counsel
Monroe County Sheriff's Offlce
5525 College Rd.
Key Weat, FL 33040
MONROE COUNTY SHERIFF'SDFFICE
APPROVED AS TO FORM:
c..--C~ _L-1>2--//t---C'.-L-t.~~
MARK L. WILLIS
GEN RAL CO NSEL
7 DM~ 20/0
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2010
Bulk Item: Yes ~ No
Division:
Public Works
Department: Facilities Maintenance
Staff Contact Person/Phone #:John W. King/292-4531
AGENDA ITEM WORDING: Approval to add a recycling provision to the Policy for Public
Facilities, Roads, Bridges and County Meeting Rooms for Use in Monroe County, Florida at the current
fee schedule.
ITEM BACKGROUND: Originally the Policy for County Meeting Rooms and Use of County of
County Property Rules and Regulations were two distinct documents. On May 19, 2004, the BOCC
approved a revision for the Use of County Property and the use of Government meeting rooms to
consolidate the policy to include the Airports, Libraries, meeting rooms, County facilities, and parks and
beaches. The Media Room at the Marathon Government Center, the Big Pine Key Park Community
Center, and the Murray E. Nelson Government and Cultural Center meeting rooms and theatre were
recently added to the Policy.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved to modifY the fee structure for the
use of Government meeting rooms on July 26, 2000, September 19, 2001, and October 15, 2003. On
May 19, 2004, the BOCC approved a revision for the Use of County Property and the use of
Government meeting rooms to consolidate the policy to include the Airports, Libraries, meeting rooms,
County facilities, and parks and beaches. On October 19, 2005, September 20, 2006, September 19,
2007, September 17,2008, and August 19,2009, the BOCC approved the annual modification to the fee
structure. On December 16, 2009, the BOCC approved the addition of the Marathon media room, the
Big Pine Key Community Center, and the Murray E. Nelson Government and Cultural Center meeting
rooms and theatre to the policy for use of County facilities.
CONTRACT/AGREEMENT CHANGES: Addition of recycling provision to the Policy for Public
Facilities, Roads, Bridges and County Meeting Rooms for Use in Monroe County, Florida.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: $ -0-
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
Year L-
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH
APPROVED BY: County Atty _
OMB/Purchasing _
Risk Management
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
POLICY FOR USE OF PUBLIC FACILITIES, ROADS, BRIDGES
COUNTY MEETING ROOMS AND THEATER
MONROE COUNTY, FLORIDA
GENERAL RULES AND REGULATIONS:
Any individual or organization requesting the use of a County facility, building, park, beach, road,
bridge, airport, meeting room or theater MUST complete the "REQUEST FOR USE OF
COUNTY PROPERTY" form and return to the responsible County Department. The ORIGINAL
REQUEST FOR USE OF COUNTY PROPERTY FORM shall be submitted to the appropriate
department no later than five working days prior to the desired date. If a public assembly permit
and/or extensive coordination with other County Departments, the Sheriffs office, or State
Department of Transportation is needed, the ORIGINAL REQUEST FOR USE OF COUNTY
PROPERTY FORM must be submitted no later than ten working days prior to the desired date.
1. FEES: Fees apply to all agencies excluding divisions or departments of any local, state, or
federal Government Agency. Fees are mandatory regardless of an organization's non-
profit status, with the exception of Monroe County School sponsored functions and sports
leagues, and the use of Library facilities. The County Administrator or his designee is the
only individual authorized to waive any applicable fee.
A. Fees for the use of county property are stated on pages 5 and 6. If there are regular
County admission fees to the facility, those fees will be charged in addition to the
group user fees.
B. If the organization, group, etc., proposes to charge an admission fee greater than
$10.00 per person, then the admission charges must be approved by County
Administrator.
C. Any organization that impacts normal services to the facility will be charged the cost
above normal expenses for using the facility, in addition to the fees assessed per the
schedule. The charges will be assessed by the Public Works Director or his designee.
D. Groups whose only purpose for the use of the facility or property is for improvements
(ex. planting shade trees), shall not be required to pay user fees, however, they will be
responsible for clean up and dump fees. If part of the purpose is for facility or property
improvements (ex. planting shade trees and holding a tree selling event), the Director
of Public Works or his designee shall determine a prorated fee.
2. INSURANCE: Groups/organizations/sponsors/individuals shall be required to execute an
original Hold Harmless/Indemnity Agreement and furnish original insnrance certificates
naming Monroe County BOCC as an additional insnred (except for Worker's
Compensation), unless these provisions are waived by the Monroe County Risk
Management Department, or the County Administrator. Groups utilizing a meeting room
do not need to furnish insnrance documentation, however they are required to execute the
Hold Harmless/Indemnity Agreement.
Risk Management will determine if coverage may be needed as follows:
. Worker's Compensation
. General Liability
. Vehicle Liability
. Aircraft/Watercraft Liability
. Liquor Liability (if applicable and necessary)
Policy for Use of Public Facilities
April 2010
3. 250 + PARTICIPANTS: All functions expecting 250 or more participants/spectators for
more than one day events are required to contact the Monroe County Planning Department
as well as the Monroe County Facilities Maintenance Department to obtain a Public
Assembly Permit. (Ordinance No. 030-1996)
4. ALCOHOLIC BEVERAGES: The use or sale of alcoholic beverages shall be prohibited
unless prior approval is obtained by the County Administrator or his designee. The
sponsor will be responsible for concurrence with applicable state permits and additional
insnrance as may be required by the Monroe County Risk Manager. In accordance with
Monroe County Resolution No. 156-2001. adopted on 3/21/01. the followilll! fees must
be collected from the non-charitable on!:anizations or social event sponsor before the
County Administrator may accept an application for the per event sale of alcoholic
bevera2es on County-owned property:
Number of persons expected to attend the event:
1-20
21 - 50
51 - 100
101 or more
Fee:
$10.00
$20.00
$40.00
$50.00
All organizations must comply with the insurance requirements provided by Monroe
County Risk Management.
5. TRAFFIC CONTROL: Events, projects, etc., affecting or occurring on any road or
bridge must be pre-approved by the Monroe County Engineering Department. The use of
off duty police may likewise be required. Coordination with off duty police is the user's
responsibility and shall be coordinated directly with the police agency. In addition to the
direct costs for a deputy, the Monroe County Sheriffs Department is required to charge
overhead costs. Proof of coordination is needed.
6. BBQ GRILLS: Groups/Organizations/Sponsors/individuals wishing to utilize a personal
BBQ grill other than the grills supplied by the Monroe County Facilities Maintenance
Department, which are permanently placed at the beaches or parks, will require approval
from the County Administrator or his designee prior to event. Groups are responsible for
disposal of personal grills and charcoal.
7. RECYCLING REOUIREMENTS. Any and all events from any group and/or
organization, profit or non-profit, requesting use of a County facility, property, building,
theatre, park, beach, road, bridge, airport, or meeting room must comply with Monroe
County's recycling efforts. Any and all garbage/waste/debris generated by the
organization using County property as defined above must be managed properly with all
recycle materials separated and placed in marked "recycle" collection bins. Plastic, cans,
etc. must be disposed of in the appropriate containers provided by Monroe County.
In the event there will be a large quantity of recycle materials generated or for any function
expecting 250 or more attendees/participants, the requesting group shall be responsible to
provide extra trash and recycle collection bins, i.e. if additional trash receptacles are
needed a recycle bin must accompany each additional trash receptacle, and ensnre that they
are placed in the appropriate area for pick-up by the waste management contractor. Within
thirty (30) days after the event, the responsible person shall submit a report to the Monroe
County Solid Waste Department, 1100 Simonton Street, Room 2-231, Key West, FL
33040 providing the total amount of recycled material, measnred in pounds, gallons, tons;
and the name and address of the recycling facility within the County.
Policy for Use of Public Facilities
2
April 2010
8. MEETING ROOMS (EXCLUDING LIBRARIES): Organizations requesting use of
meeting rooms are subject to all the above rules and regulations. Monroe County meeting
rooms will be available primarily for use by the County and other local, state and federal
goverument agencies. Use of meeting rooms will also be available for organizations that
represent the interests of the public. In the event of conflicting dates, use by the Board of
County Commissioners and other County entities will take priority.
A. Meeting rooms and/or theatre may not be used before 8:00 a.m. or after 11 :00 p.m.
B. County personnel will ensnre the room is opened in the evening and locked at the
conclusion of the meeting.
C. Most of the equipment in the meeting rooms and/or theatre will not be available for
general public use. County staff will make available lighting, air conditioning, and
a public address system, if necessary.
D. All requests for equipment shall be made at the time the room is reserved. Special
requests for equipment after reservation or during a meeting may be denied.
E. Facilities shall not be used for personal or private profit, aggrandizement, or
advertising.
F. Smoking and alcoholic beverages are prohibited.
9. COUNTY LIBRARIES: Use of Conference and Multi-Purpose Room and Audio-Visual
Equipment:
A. LIMITATIONS: Use of Library facilities is open to programs sponsored or co-
sponsored by the Library, to Monroe County, State and Federal goverumental
agencies, and to public meetings held by groups headquartered in Monroe County
which are civic, cultnral, educational, intellectual, or charitable in natnre. Such use
does not imply Library endorsement of the aims, policies, or activities of any
group. Application for the use of any meeting room will be made with the
respective Branch concerued. However, final authority for use of space will rest
with the Senior Library Administrator.
B. REGULATIONS: The following regulations apply to all programs scheduled in
Library facilities:
1. All programs must be free of charge and open to the public as space
permits. No collections may be taken or sales made. Library facilities
shall not be used for personal or private profit, aggrandizement, or
advertising.
2. In case of exhibits, the Library shall not be held responsible for loss or
damage, and any insurance arrangements will be THE RESPONSIBILITY
OF THE EXHIBITOR. Exhibitors will be required to sign waiver forms
and follow Display Policy.
3. Sponsors may be required to execute a "hold-harmless" agreement and/or
furuish appropriate insurance naming Monroe County as additional insured
for certain types of programs, in compliance with the "Use of County
Property" policy and procedures.
4. Monroe County goverumental agencies take preference over outside
groups when scheduling the use of meeting rooms. Once an outside group
has booked the room, however, every effort shall be made to avoid a
forced cancellation in favor of the County agency.
Policy for Use of Public Facilities
3
April 2010
5. Refreshments may be served only by permission and special arrangement.
Smoking and alcoholic beverages are prohibited.
6. The Library reserves the right to cancel or reschedule any program or
exhibit when necessary.
7. A key is available for meeting room use outside of regular Library hours;
Library staff will explain the procedures for such use to interested
applicants. A registered designee of the group must be present at any such
meeting, to be responsible for the key and adherence to the procedures.
8. Maintenance employees are not available to organizations at any time.
Organizations using the meeting room are responsible for any needed
arrangement of furniture before their meeting as well as rearranging and
cleaning of the meeting room at the conclusion of the meeting. Mouroe
County governmental agencies are responsible for making their own
arrangement with the Public Works Department for such duties and are
required to restore the meeting room to its original condition within a
reasonable amount of time following the meeting.
9. Rooms may be booked up to one year in advance; booking is done on a
first come/first served basis, with public agencies having priority.
10. The audio-visual equipment owned by the Mouroe County Public Library
may be used within the library facilities, with a signed designee of the
group to accept responsibility, but may not be loaned to leave the facilities.
10. MEETING ROOM LOCATIONS:
The Gato Building
1100 Simonton Street
Key West, FL 33040
(305) 292-4443
Key West Library
700 Fleming Street
Key West, FL 33040
Contact: Reference (305) 292-3595
Marathon Library
3251 Overseas Highway
Marathon, FL 33050
(305) 289-6098
Key Largo Library
101485 Overseas Highway
Tradewinds Shopping Plaza
Key Largo, FL 33037
(305) 852-7164
The Harvey Government Center (2)
1200 Trnman Avenue
Key West, FL 33040
(305) 292-4201
* Marathon Government Center (2)
2798 Overseas Highway
Marathon, FL 33050
(305) 289-6036
Islamorada Library
81550 Overseas Highway
Islamorada, FL 33036
(305) 852-7163
Big Pine Key Library
213 Key Deer Blvd
Winn Dixie Shopping Plaza
Big Pine Key, FL 33043
(305) 872-0992
MEETING ROOM AND THEATER LOCATION:
Murray E. Nelson Government & Cultural Center
102050 Overseas Highway, MM 102.5
Key Largo, FL 33070
(305) 852-7161
Policy for Use of Public Facilities
4
April 2010
11.
12.
13.
14.
*
Groups of 15 people or less will not be allowed to schedule the meeting room located at
the Marathon Government Center. The Monroe County Public Safety Division,
Department of Emergency Management has precedence for the use of the Marathon
Government Center meeting room.
Permission to use County property shall not constitute a waiver of any local, state or
federal laws.
Damage done to any County owned equipment or property during the time the County
property is utilized by the organization will be the responsibility of the organization.
Approval of REQUEST FOR USE OF COUNTY PROPERTY is based on availability.
Monroe County reserves the right to deny any request based on the availability of property
being reserved for use and the availability to properly staff any event or non-government
function. In the event of emergencies or the necessary scheduling of special BOCC
meetings, events may need to be rescheduled.
INDEMNIFICATION AND HOLD HARMLESS: The Organization/Individual covenants
and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of the Organization/Individual utilizing the property governed by this
lease/rental agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insnrance
requirements contained elsewhere within this agreement.
15. FEES ARE NON-REFUNDABLE. CHECKS OR MONEY ORDERS ARE TO BE
MADE PAYABLE TO MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS.
16. For information on requesting the use of County Property for PARKS, BEACHES,
ROADS AND BRIDGES, AND THEATER BY AREA, please contact the following:
LOWER KEYS:
Monroe County Public Works
Facilities Maintenance Department
Parks and Beaches
3583 South Roosevelt Boulevard
Key West, Florida 33040
ATTENTION: PARKS & RECREATION COORDINATOR
PHONE: 1-888-227-8136 (Toll Free throughout the Keys) or 305295-4385
MIDDLE KEYS:
Monroe County Public Works
1 0600 Aviation Boulevard
Marathon, Florida 33050
ATTENTION: PARKS & RECREATION COORDINATOR
PHONE: (305) 289-6036
UPPER KEYS:
Monroe County Public Works
88770 Overseas Highway
Plantation Key, Florida 33070
Policy for Use of Public Facilities
5
April 2010
ATTENTION: PARKS & RECREATION COORDINATOR
PHONE: (305) 852-7161
17. For information on requesting the use of County Property for AIRPORTS, please contact
the following:
KEY WEST INTERNATIONAL AIRPORT
3491 South Roosevelt Boulevard
Key West, FL 33040
Phone: (305) 809-5200
MARATHON AIRPORT
9400 Overseas Highway
Marathon, FL 33050
Phone: (305) 289-6060
Policy for Use of Public Facilities
6
April 2010
FEE SCHEDULE
MEETING ROOMS AND THEATER
$44.19 per hour Monday - Friday 8:00 a.m. through 5:00 p.m. excluding Holidays.
$61.68 per hour Evenings, Weekends, and Holidays.
$20.00 per hour for the use of a small meeting room for 10 people or less (business hours only).
Charges cover costs to have an employee on site, and related expenses (i.e., electricity).
Fees will be charged for use of the premises when such use requires the expenditures of County
funds which would not be expended except for the act of making the room available for such use.
This charge shall compensate the government for the provided service only.
Fees will be adjusted annually to reflect current costs.
FEES ARE NON-REFUNDABLE
CHECKS OR MONEY ORDERS TO BE MADE PAYABLE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CHANNEL 76 RATES:
Television coverage is available only for pre-approved County activities. Any other governmental
agency must obtain prior approval from the County Administrator. One hour prior to the meeting
is needed for the setting up of equipment, and one hour after the meeting is needed for the
breakdown of equipment. Hours will be charged at the rates below, assuming Channel 76 staff is
available at the time of the activity.
$22.57 per hour Monday - Friday 8:00 a.m. through 5:00 p.m. excluding Holidays.
$33.85 per hour Evenings, Weekends, and Holidays.
$135.46 per hour for equipment costs.
Costs include a T.V camera, technician, and T.V. equipment. Costs do not include tape duplicates
or special post-production costs.
Policy for Use of Public Facilities
7
April 2010
FEE SCHEDULE
BUILDINGS, PARKS, BEACHES, ROADS, BRIDGES, & AIRPORTS
All fees will be payable in advance to the Monroe County Board of County Commissioners and
submitted to the Public Works Facilities Maintenance Department. Admission fees that exist will
also be charged. The Public Works Sr. Director of the Lower Keys Facilities, Director of Middle
Keys and Director of Upper Keys, or their designee(s), may require security fees and other fees
related to the natnre of the event. The Monroe County Administrator reserves the right to waive
fee payments.
. County Buildilll!S and Airport Terminals:
Mondav through Fridav:
8:00 a.m. - 5:00 p.m.
Honrly Rate Before 5:00 p.m.
Honrly Rate After 5:00 p.m.
Weekends and Holidavs:
8:00 a.m. - 5:00 p.m.
Honrly Rate
$100.00 per day
$15.00 per honr
$20.00 per honr
$150.00 per day
$20.00 per honr
. Roads & Brid2es and Airport Grounds:
Monday through Friday
Weekends and Holidays
$100.00 per day
$150.00 per day
. Parks & Beaches:
Groups requesting to reserve a portion of any park or beach will be charged $2.00 per person,
along with clean up fees stated below. Children 12 years of age and under will not be charged
and are exempt from paying the fee.
. Clean UP and dump fees: Clean up and dump fees will be assessed based on the size of the
group:
01 - 50 Person(s)
51 - 100 Persons
101-200 Persons
Over 201 Persons
$50.00
$75.00
$100.00
To be determined by the BOCC
Roman Gastesi, County Administrator
(12/16/09)
Policy for Use of Public Facilities
8
April 2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: _Public Works
Bulk Item: Yes -X- No
Department: Engineering
Staff Contact PersonlPhone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval to execute fuurth amendment to the Agreement with Clear
Channel Outdoor, Inc. for constructing and maintaining bus shelters on County and DOT rights of way
for the purpose of selling and placing advertising within shelters for the period of one year.
ITEM BACKGROUND: The original contract was executed in January 1990 and has been renewed
for consecutive 5 year terms through May 2010. Clear Channel Outdoor constructs and maintains bus
shehers at locations specified by Monroe County and pays Monroe County a monthly fee to place
advertisements on the bus shelters. There are currently 19 shelters.
PREVIOUS RELEVANT BOCC ACTION: The BOCC executed the original contract with Flutie
Enterprises in January 1990; BOCC executed an amendment to increase the fee and extend the contract
for five years in April 1994; the BOCC executed a second amendment and Consent to Assignment with
Eller Media Company to increase the fee and extend the contract by five years in May 2000; BOCC
executed a Consent to Assignment and amendment with Clear Channel Outdoor to increase the monthly
fee and extend the contract for a five year period until May 2010 in September 2005.
BOCC instructed staff to negotiate one year contract renewal at the March 2010 meeting.
CONTRACT/AGREEMENT CHANGES: Monthly fee renegotiated. New shelters will be added
upon written agreement by both parties.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: none
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable
COST TO COUNTY: none
SOURCE OF FUNDS: nla
REVENUE PRODUCING: Yes-X- No_ AMOUNTPERMONTH $1.345.83 Year
$16.150 ~ tJ .
APPROVED BY: County Atty ~ ~basing _ Risk Management"~ ;,.-
DOCUMENTATION: Included X Not Required_
DISPosmON:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Clear Channel Outdoor
Contract #_
Effective Date:
Expiration Date:
May 17,2010
May 17, 2011
Contract Manager. Judy Clarke
(Name)
4329
(Ext.)
A enda Deadline: A rit 6. 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ $16,720
Budgeted? Yes[8] No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 4,180.00
- - - -
-----
- - - -
-----
- - - -
-----
~ - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (ej(. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director ~~
Risk ManarIenl c{/JjO
r.)iv ~\\)
O.M.B./Pu asing ~
County Attorney c;;jJ 0
Date Out
Comments:
OMB Fonn Revised 2/27/01 MCP #2
FOURTH AMENDMENT TO THE AGREEMENT FOR CONSTRUCTING AND
MAINTAINING BUS SHELTERS IN MONROE COUNTY FOR THE PURPOSE
OF SELLING AND PLACING ADVERTISING ON SHELTERS
TillS CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe County,
whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter
the "County", and Clear Channel Outdoor, Inc., a Delaware corporation, registered in Florida as
CC Outdoor, Inc., and doing business in Florida as Clear Channel Outdoor, a Florida corpomtion,
hereinafter referred to as "Clear Channel Outdoor" whose address is 5800 NW.77 Court, Miami,
Florida 33166,
Amendment to 2. Clear Channel Outdoor shall pay to the COUllty the sum of Eight Hundred
and Eighty Dollars and Zero Cents ($880.00) per shelter per annual teml, with advertising on
both panels, Payment will be mad!il in advance on a monthly basis, For any additional shelters
il1.$taJled in excess of the 19 currently installed as depicted and described in E.-d1ibit A, the
payment to the County will be prorated. The number of shelterslbenches may be increased by
written agreement of the parties hereto.
Amendment to 3. The term of this Amended Agreement shall conunence May 17,2010 and
extend for one year. The term of this Agreement may be extended by the Monroe County Board
of County Commissioners.
Amendment to 13. In the event either party shall fail to perform any of its obligations und~r this
Agreement, the performing party shall give notice pursuant to paragraph twelve (12) to the non-
performing party. which notice shall state the nature of the violation. The non-performing party
shall have thirty (30) days from the receipt of notice to cure such violation. In the event the non-
performing party shall fail to cure its violation of Ihis Agreement within the thirty (30) day
period, the performing party shaIJ have the op!ion of terminating this Agreement by giving notice
of termination to the non-performing party effective upon deUvery of the notice. In the event the
County shall terminate this Agreement pursuant to this paragraph, the County may order Clear
Channel Outdoor to remove its shelterslbenches within thirty (30) days oftennination at no cost
to the County. Removal of the bus shelterslbenches shall be mutually agreed upon
between Clear Channel Outdoor and the County.
Force and Effect. In aU other respects the Original Agreement dated January 24, 1990
and Amendments dated April 21, 1994, May 17,2000 and September 28,2005 remain in
full force and effect.
In WITNESS WHEREOF each party hereto has caused this contract to be executed by its
duly authorized representative.
(SEAL)
Attest: DANNY L, KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By:
Mayor/Chail'lnan
CLEAR CHANNEL OUTDOOR, IN .
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CONSENT TO ASSIGNMENT AND AMENDMENT
OF NON-EXCLUSIVE AGREEMENT
THIS CONSENT TO ASSIGNMENT AND AMENDMENT OF NON~~~LUSIVE
r (lt1e "Amended Agreemenr). is made and entered into lt1is ~ day of
, 2005, between Monroe County, a political subdivision of the State of
Flo da, hereinafter referred to as the "County", and Clear Channel Outdoor, Inc., formerly
known as Eller Media Company, a Delaware corporation, registered in Florida as CC Outdoor,
Inc., and doing business in Florida as Clear Channel Outdoor, a Florida corporation, hereinafter
referred to as MClear Channel Outdoor".
WITNESSETH:
and
WHEREAS, on January 24, 1990, County entered an Agreement with Flutie Enterprises;
WHEREAS, on April 21, 1994, the parties amended said Agreement; and
WHEREAS, on May 17, 2000, said Agreement was amended and assigned to Eller
Media Company; and
WHEREAS, Monroe County desires to consent to the assignment of the May 17, 2000
Agreement to Clear Channel Outdoor formerly known as Eller Media Company;
WHEREAS, the May 17, 2000 Agreement has an option to extend the contract for
additional five (5) year terms if agreed to by both parties; and
WHEREAS, both parties have renegotiated the fee amount as reflected in of this
Amended Agreement,
NOW THEREFORE, in consideration of the foregoing it is stipulated and agreed as
follows:
1. Monroe County hereby consents to the assignment of the May 17, 2000
Agreement to Clear Channel Outdoor formerly known as Eller Media Company. The revised
terms of the assigned agreement follow.
2. Clear Channel Outdoor shall pay in advance on a monthly basis to the County
the sum of Seven Hundred-Ninety Dollars ($790.00) for the first year per shelter. with advertising
on both panels, for the second year Clear Channel Outdoor shall pay in advance on a monthly
basis to the County the sum of Eight Hundred-Ten Dollars ($810.00) per shelter, for the third
year Clear Channel Outdoor shall pay in advance on a monthly basis to the County the sum of
Eight Hundred-Thirty Dollars ($830.00) per shelter, for the fourth year Clear Channel Outdoor
shall pay in advance on a monthly basis to the County the sum of Eight Hundred-Fifty Dollars
($850.00) per shelter, for the fifth year Clear Channel Outdoor shall pay in advance on a monthly
basis to the County the sum of Eight Hundred-Seventy Dollars ($870.00) per shelter under this
Amended Agreement. For any additional shelters installed in excess of the 19 currently installed
as depicted and described in Exhibit A, the payment to the County will be prorated.
Bus Shelter Ads Assmt August 2005
Page1of7
3. The term of this Amended Agreement shall commence May 17, 2005 and extend
for five (5) years.
4. If the Amended Agreement is further extended, then the fee for each bus shelter
and bus bench shall be renegotiated.
5. Clear Channel Outdoor shall own and erect bus shelters, substantially as
described and depicted on attached on attached Exhibit A, sites located on the public right-ot-
way within the County. Said sites shall be selected by both parties, and shall be located only at
official bus stops. At all times during the term of this Agreement, the bus shelterlbench
structures shall remain the property of Clear Channel Outdoor and the land upon which the bus
shelterslbenches are erected, shall remain as a publiC right-ot-way. This Agreement shall not be
construed to impose any obligation on Clear Channel Outdoor to maintain such land other than
as necessary in erecting and maintaining the bus shelters.
6. Clear Channel Outdoor may sell and place advertising in the bus stop shelters.
All advertising revenues shall be payable solely to Clear Channel Outdoor. If the County
reasonably objects to any advertisement, such advertisement shall be removed on written
request by the County.
7. Clear Channel Outdoor shall erect, install, light, clean, maintain, repair or replace
in compliance with all applicable COdes, these shelterslbenches at no cost to the County.
General maintenance shall be performed bi-weekly and damage to the shelter shall be repaired
within torty-eight (48) hours ot the time said damage is reported to Clear Channel Outdoor.
8. During the term hereof, Clear Channel Outdoor agrees to indemnify and hold
harmless Monroe County, its officers, agents, employees, against any and all claims, losses,
liabilities or expenditures of any kind, including, but not limited to, court costs, expenses,
attorney's fees and sales tax, if any, accruing or resulting from any and all suits, claims,
demands, or damages ot any character or persons, or corporations, or property, by virtue of the
design, construction, maintenance, of the bus stop shelters/benches.
9. Clear Channel Outdoor shall provide, at its cost, a One Million Dollar
($1,000,000.00) liability policy of insurance wherein the County is named as co-insured with
licensed carriers acceptable to the County. Said policy shall state that it is not cancelable by the
insurer or Clear Channel Outdoor without written notice to the County thirty (30) days prior to the
effective date of said cancellation. Said insurance is a condition precedent to the erection or
placement of any bus stop shelterslbenches. If the insurance protection mentioned herein
lapses, this agreement shall immediately be void and have no further force and effect except for
the continuing duty of Clear Channel Outdoor to comply with the provisions of paragraph 7
regarding indemnification. Clear Channel Outdoor shall also, in the event the insurance
protection lapses, immediately remove all shelterslbenches from the public right-of-way without
notice from the County or at any cost to the County.
10. Clear Channel Outdoor shall coordinate and integrate the bus stop shelters with
the School Board, County and Florida Department of Transportation.
11. Upon a space available basis, the County shall allow County-approved public
service announcements to be advertised within the shelters. Any such public service
announcements shall be removed by Clear Channel Outdoor, in the eVent Clear Channel
Outdoor rents such advertising space, upon five (5) days notice by Clear Channel Outdoor to the
County. The cost of preparation and installation of such public service announcements shall be
paid by the County.
Bus Shelter Ads Assmt August 2005
Page 2 ot 7
12. All notices and other communications under this Agreement shall be in writing
and shall be delivered either personally, by telecopier or by certified mail, return receipt
requested, postage prepaid, to the parties at the following address:
To the County:
County Attorney
Post Office Box 1066
Key West, Florida 33041
To Clear Channel Outdoor: Jasper Johnson, PresidentfGM
5800 NW 77 Court
Miami, FL 33166
All notices shall be deemed delivered at the time of hand delivery In the event of
personal delivery, upon receipt of telecopier copy, or upon receipt or rejection of certified mail, in
the event delivery is made by certified mail. Either party may change its address for the
purposes of receMng notices pursuant to this paragraph, providing such change Is in writing,
which shall not be effective until actually received by the recipient party.
13. In the event either party shall fail to perform any of its obligations under this
Agreement, the performing party shall give notice pursuant to paragraph twelve (12) to the non-
performing party, which notice shall state the nature of the violation. The non-performing party
shall have thirty (30) days from the receipt of notice to cure such violation. In the event the non-
performing party shall fail to cure its violation of this Agreement within the thirty (30) day period,
the performing party shall have the option of terminating this Agreement by giving notice of
termination to the non-performing party effective upon delivery of the notice. In the event the
County shall terminate this Agreement pursuant to this paragraph, the County may order Clear
Channel Outdoor to remove its shelters/benches within thirty (30) days of termination at no cost
to the County. In the event Clear Channel Outdoor shall terminate this Agreement, Crear
Channel Outdoor may remove its shelterslbenches within sixty (60) days of termination, and the
cost of maintaining or removing any shelterslbenches remaining subsequent to the sixty (60) day
period shall be the sole responsibility of the County.
14. This Agreement in no way is to be interpreted to mean that Clear Channel
Outdoor has an exclusive agreement with the County to provide bus stop shelters/benches.
15. The bus stop shelterslbenches will be located only in Florida Department of
Transportation rights-of-way within unincorporated Monroe County. Florida. In addition, the
Monroe County Department Public Works will coordinate each site and sign each permit to be
filed with the Florida Department of Transportation for the individual sites.
16. Miscellaneous:
a) Clear Channel Outdoor 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 (4)
years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Clear Channel Outdoor pursuant to this Agreement were spent
for purposes not authorized by this Agreement, Clear Channel Outdoor shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to Clear Channel Outdoor.
Bus Shelter Ads Assmt August 2005
Page 3 of 7
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be govemed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be perfonned 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 Clear Channel
Outdoor agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
The County and Clear Channel Outdoor agree that, in the event of
conflicting interpretations of the tenns or a tenn 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.
c) Severability. If any tenn, 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
tenn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless ~e 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 Clear Channel Outdoor agree to refann 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 Clear Channel Outdoor
agree that in the event any cause of action or administrative proceeding is initiated or defended
by any party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefrt of the County and Clear Channel Outdoor and their
respective legal representatives, successors, and assigns,
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
g) Claims for Federal or State Aid. Clear Channel Outdoor 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 Clear Channel
Outdoor agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are
Bus Shelter Ada Assml August 2005
Page 4 of 7
still not resolved to the satisfaction of the parties. then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law.
i) Cooperation. In the event any administrative or fegal proceeding is
instituted against either party relating to the foonation, execution, performance, or breach of this
Agreement, County and Clear Channel Outdoor 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
Clear Channel Outdoor specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Clear Channel Outdoor agree that there
will be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, effective
the date of the court order. County or Clear Channel Outdoor agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (Pl 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC 55. 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 1912,55.523 and 527 (42 USC ss. 69Odd-3 and 29Oee-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 use s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. County and Clear Channel Outdoor covenant
that neither presently has any interest, and shall not acquire any interest, which would conflict in
any manner or degree with its performance under this Agreement, and that only interest of each
is to perform and receive benefits as recited in this Agreement
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
m) No Solicitation/Payment The County and Clear Channel Outdoor
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
Bus Shelter Ads Assmt. August 2005
Page 5 of 7
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, Clear Channel Outdoor agrees that the County shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
n) Public Access. The County and Clear Channel Outdoor 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, ROOda Statutes,
and made or received by the County and Clear Channel Outdoor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement upon
violation of this provision by Clear Channel Outdoor.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and Clear Channel Outdoor in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of immunity to
the extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
p) 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.
q) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and Clear Channel Outdoor agree that neither the County nor Clear Channel Outdoor 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.
r) Attestations. Clear Channel Outdoor 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.
s) 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.
t) 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.
Bus Shelter Ads Assml August 2005
Page 6 of 7
u} 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 THEREOF, the parties have hereunto set their hands and seal, the day
and year first written above.
(Seal)
.\\ .....,'
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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CONSENT TO ASSIGNMENT AND SECOND AMENDMENT
OF NON-EXCLUSIVE AGREEMENT
THIS CONSENT TO ASSIGNMENT AND AMENDMENT OF NON-EX~USIVE
AGREE~NT (the .. Amen~reemenr), is made and entered into this ..1..Z!!!.... day of
IY\ " between Monroe County, a municipal corporation
organized under the laws of the State of Florida, hereinafter referred to as the "County",
and Eller Media Company, a Florida corporation, In order to amend that Non-Exclusive
Agreement between the parties dated January 24, 1990, as modified in the Addendum
to Non-exclusive Agreement dated April 21, 1994, hereafter collectively referred to as
"Original Agreemenr.
WITNESSETH:
WHEREAS, Monroe County desires to consent to the assignment of the Original
Agreement to Eller Media Company;
WHEREAS, the Original Agreement has an option to extend the contract for
additional five (5) year teons if agreed to by both parties;
WHEREAS, the Original Agreement as modified in the Addendum. increased the
shelter fee amount to Five Hundred Dollars ($500,00) per shelter; and
WHEREAS, both parties have renegotfated the fee amount as reflected in of this
Amended Agreement,
NOW THEREFORE, in consideration of the foregoing it is stipulated and agreed
as follows:
1. Monroe County hereby consents to the assignment of the Original
Agreement to Eller Media Company. Except as modified in
Paragraphs 2-6 of this Amended Agreement. Eller Media Company
agrees to be bound by all the terms and conditions in the Original
Agreement.
2. Eller Media Company shan pay In advance to the County the sum
of Six HUndred-Ninety Dollars ($690.00) for the first year, per
Q - shelter with advertising on both panels, for the second year the
~ I "" ~ Company shall pay in advance to the County the sum of Seven
~ . 6 ~. ':~Undred-Ten Dollars ($710.00) , for the third year the Company
a:: Ii ~fa" pay in advance to the County the sum of Seven Hundred.
~ 'CI ~~ Irty Dollars ($730.00) , for the fourth year the Company shall pay
;;;; ~ ;:::a:t.c.i advance to the County the sum of Seven Hundred-Fifty Dolfars
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($750.00) , for the fifth year the Company shall pay in advance to
the County the sum of Seven Hundred-Seventy Dollars ($770.00)
under this Amended Agreement. For any additional shelters
installed In excess of those currently Installed, the payment to the
County wff' be prorated.
3. The term of this Amended Agreement shall be for five (5) years
from the date the County signs this Amended Agreement.
4. The Amended Agreement may be further extended for additional
five (5) year terms if agreed to by both parties herein.
5. If the Amended Agreement is further extended, then the fee for
each bus shelter and bus bench shall be renegotiated.
6. This Amended Agreement shall not apply to any shelter located
within a municipality. Upon, and pursuant to the written request of
the District School Board of Monroe County, the Company shall
promptly r~cate any designated Structure to another designated
location or remove it.
7. In all other aspects, the Original Agreement remains in full force
and effect.
IN WITNESS THEREOF, the parties have hereunto set their hands and seal, the
r first written above.
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Attest: DANNY l. KOlHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
Witness
Page 2 of 2
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"ELLER...
SOUTH R.ORICM OMSION
5800 N. W. 77th Court
MIamI. F10tIta 33188
T~ 305/592-8250
lJIowM:1 rw 964/527;5777
FIIIt 305/47UJ743
....."., l7IfIdI&com
May 18, 2000
VIA FEDERAL EXPRESS
Mr. Jim Hendrick
County Attorney
Monroe County
502 Whitehead Street
Courthouse Annex 3nt Floor
Key West, FL 33040
Re: Consent to Assignment and Second Amendment
Dear Mr. Hendrick:
Enclosed please find an original Consent to Assignment of Agreement between Monroe
County and Eller Media Company. This document is executed by Jolm Jacobs, President
of South Florida Division, Eller Media Company. Upon fully executing the enclosed
Assignment and Second Amendment, a copy for our files would greatly be appreciated.
All of us at Eller appreciate the opportunity to continue our partnership with Monroe
County and we look forward to many years of continued service.
If I may be of further assistance to you or your staff, please do not hesitate to contact me
directly at 305-592-6250.
Best regards,
Steven J. Alexander
Director of Government and Community Relations
-- · ~""EDlACOMW4NY A" -.......,
ADDENDUM TO NON-EXCLUSIVE AGREEMENT
THIS ADDENDUM TO AGRE~EN:r is made and entered into this
:l1.3t day of , 1994, between Monroe
County, a municipal corpora ion organized under the laws of the
state of Florida, hereinafter referred to as t~ "cou2t,y" :t.and
Flutie Enterprises of the Florida Keys, In~,: a Flo~da
corporation, hereinafter referred to as ItCompan~~~' -in ~de~ to
amend that certain agreement between the parties"" ~dated~anqary
24, 1990, as follows: , -:::
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WHEREAS, the aforementioned agreement has an opGon:-;::'to
extend the contract for an additional five (5) years if agreed to
by both parties; and
WHEREAS, the aforementioned agreement increases the shelter
fee amount to Five Hundred Dollars ($500.00) per shelter and
Fifty Dollars ($50.00) per bench during ~he extended term; and
WHEREAS, both parties have agreed to renegotiate the fee
amount during the extended term.
NOW THEREFORE, in consideration of the foregoing it is
stipulated and agreed as follows:
1. The Company shall pay to the County the sum of Six
Hundred-Fifty Dollars ($650,00) per year, per shelter
and One Hundred Dollars ($100.00) per year, per bench
for the first three years of the Extended Agreement.
On the fourth and fifth years of the Agreement the
contract amount shall be adjusted annually 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.
2. The term of this extended contract agreement shall be
for five (5) years from the date the County signs the
contract.
3. The contract may be further extended for an additional
five (5) years if agreed to by both parties herein.
4. If the contract Is further extended then the fee for
each bus shelter and bus bench shall be renegotiated.
Page Two
Addendum to Non-Exclusive Agreement
Flutie Enterprises of the Florida Keys, Inc.
5. In all other respects, the agreement between the
parties dated January 24, 1990, remains in full force
and effect.
IN WITNESS THEREOF, the parties have hereunto set their
hands and seal, the day and year first written above.
BY:
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BY: tk~ e. ~,~
Deputy Clerk ,
FLUTIE ENTERPRISES OF THE
FLORIDA KEYS INC.
fltrtlc:=:s 6: K ~6;
'f'.e ~ bc:-rJf
~~~~. BY:
Witness FLORENCE CARMICHAEL
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Wi tness Crl..,;:.""; . - 17(.r..
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NON-EXCLUSIVE AGREEMENT
THIS AGREEMENT, made and entered into this ~~t day of
~e~ I 1990, by and between Monroe County, a
iiiU n 1 c 1 pal 0 r po rat ion 0 r 9 ani zed un de r the law S 0 f the S tat e 0 f
Florida, hereinafter referred to as the .County. and Flutie
Enterprises of the Florida Keys, Ioc" a Florida corporation,
hereinafter referred to as the .Company..
WITNESSETB:
WHEREAS, the Company, is a corporat ion organ i zed under the
laws of the State of Florida and licensed to do business in the
State of Florida; and
WHEREAS, the Company is in the business of erecting and
maintaining bus stop shelters/benches for use by the general
public for the purpose of selling and placing advertising within
certain of said bus stop shelters/benches; and
WHEREAS, Monroe County desires to supply residents with
shelter from inclement weather at bus stops and proposes to
supply said need at no cost to the County.
NOW THEREFORE, in consideration of the foregOing it is
stipulated and agreed as follows:
1. The Company shall own and erect bus shelters/benches,
substantially as described and depicted on attached Exhibit MAM,
sites located on the public right-ot-way within the County. Said
sites shall be selected by both parties, and shall be located
only at official Bus stops. At all times during the term of this
Agreement, the bus Shelter/bench structures shall remain the
property of the Company and the land upon which the bus
shelters/benches are erected. shall remain as a public right of_
way. This Agreement shall not be construed to impose any
obligation on the Company to maintain such land other than as
necessary in erecting and maintaining the ~us Shelters/benches.
2. The Company may sell and place advertising in the bus
stop shelters/benches. All advertising revenues shall be payable
solely to the Company. If the County reasonably objects to any
advertisement, such advertisement shall be removed on written
request of the County.
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3. The Company shall erect, install, light, clean,
maintain, repair or replace in compliance with all applicable
codes, these shelters/benches at no cost to the County. General
maintenance shall be performed bi-weekly and damage to the
shelter/bench shall be repaired within forty-eight (48) hours of
the time said damage is reported to the Company.
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4. During the term hereof, the Company agrees to indemn~J.Y
and hold harmless Monroe County, its officers, agents, employees,
against any and all claims, losses, liabilities or expenditures
of any kind, including but not limited to Court costs, expenses,
attorney's fees and sales tax, if any, accruing or resulting from
any and all suits, claims, demands, or damages of any character
or persons, or corporations, or property, by virture of the
design, construction, maintenance, of the bus stop
shelters/benches.
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5. The Company shall provide, at its cost, a One Million
(Sl,OOO,OOO.OO) Dollar liability policy of insurance wherein the
County is named as co-insured with licensed carriers acceptable
to the County. Said policy shall state that it is not cancelable
by the insurer or the Company without written notice to the
County thirty (30) days prior to the effective date of said
cancellation. Said insurance is a condition precedent to the
erection or placement of any bus stop shelters/benches. If the
insurance protection mentioned herein lapses, this agreement
shall immediately be void and have no further force and effect
except for the continuing duty of the Company to comply with tbe
provisions of paragraph 3 regarding indemnification. Company
shall also, in the event the insurance protection lapses,
immediately remove all shelters/benches from the public right of
way without notice from the County or at any cost to the County.
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6. The Company shall coordinate and integrate the bus stop
shelters/benches with the School Board, County and Florida
Department of Transportation.
7. The Company shall pay to the County the sum of Three
Hundred Dollars ($300.00) per year, per shelter and Thirty
Dollars ($30.00) per year, per bench for every complete year and
prorated for partial years. Should this agreement be extended as
provided in paragraph 9 herein, the Comp-any shall pay to the
County the sum of Five Hundred DOllaps ($500.00) per shelter and
Fifty Dollars ($50.00) per bench during the extended term.
8. The number of shel ters/benches may be increased by
written agreement of the parties hereto.
9. The term of this contract shall be for five (5) years
from the date the County signs the contract. The contract may be
extended for an additional five (5) years if agreed to by both
parties herein.
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10. Upon a space available basis, the County shall allow
County-approved public service announcements to be advertised
within the shelters. Any such public service announcements shall
be removed by the Company, in the event the Company rents such
advertisin9 space, upon five (5) days notice by the Company to
the County. The cost of preparation and installation of such
public service announcements shall be paid by the County.
11 . A 11 not ice san dot her com m u n i cat ion sun d e r t h"j s
Agreement shall be in writing and shall be delivered either
personally, by telecopier or by certified mail, return receipt
requested, postage prepaid, to the parties at the following
addresses:
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To the County: County Attorney's Office
310 Fleming Street
Key West. Florida 33040
To the Company: Flutie Enterprises
300 S. Pine Island Rd.. Suite 105
Plantation. Florida 33324
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All notices shall be deemed delivered at the time of hand
delivery in the event of personal delivery, upon receipt of
telecopier copy, or upon receipt or rejection of certified mail,
in the event delivery is made by certified mail. Either party
may change its address for the purposes of receiving notices
pursuant to this paragraph, providing such change is in writing,
which shall not be effective until actually received by the
recipient party.
12. In the event that either party has recourse to court
action in order to enforce this Agreement, the prevailing party
shall recover court costs, including attorney's fees on the trial
or appellate level, from the non-prevailing party.
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13. In the event either party shall fail to perform any of
its obligations under this Agreement, the performing party shall
give notice pursuant to paragraph el~ven (11) to the non-
performing party, which notice shall state the nature of the
violation. The non-performing party shall have thirty (30) days
from the receipt of notice to cure such violation. In the event
the non-performing party shall fail to cure its violation of this
Agreement within the thirty (30) day period, the performing party
shall have-the option of terminating this Agreement by giving
notice of termination to the non-gerforming party effective upon
delivery of the notice. In the event the County shall terminate
this Agreement pursuant to this paragraph, the County may order
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the Company to remove its shelters/benches within thirty (30)
days of termination at no cost to the County. In the event the
Company shall terminate this Agreement, the Company may remove
its shelters/benches within sixty (60) days of termination, and
the cost of maintaining or removing any shelters/benches
remaining subsequent to the sixty (60) day period shall be the
sole responsibility of the County.
14. Flutie Enterprises hereby acknowledges and agrees t~at
this Agreement in no way is to be interpreted to mean that Flutie
Enterprises has an exclusive agreement with the County to provide
bus stop shelters/benches.
15. The bus stop shelters/benches will be located only in
Florida Department of Transportation eights of way within Monroe
Coun ty, Flor ida. In add i t ion, the Monroe County Depar tment of
Public Works will coordinate each site and sign each permit to be
filed with the Florida Department of Transportation for the
individual sites.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the date and year indicated below each of
its names.
Siqned, Sealed and Delivered
in the Presence of:
Datel
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-7
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HORROS COUNTY
ok~
BYI Mayor
DANNY L. KOLHAGE, Clerk
APMOVED AS'" fa :::ORM
AND LEGAL SUFFICIEr.CY.
r.y .
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Public Works
Bulk Item: Yes -X- No
Department: Engineering Services
Staff Contact Person/Phone #: Judy Clarke X4329_
AGENDA ITEM WORDING: Approval to execute Traffic Signal Maintenance and Compensation
Agreement with Florida Department of Transportation (FDOT) effective July 1, 2010.
ITEM BACKGROUND: Monroe County is the maintaining agency for traffic signals on US 1 that
regulate the intersection of US 1 and a County road. FDOT provides compensation to Monroe County
for maintenance of the signals.
PREVIOUS RELEVANT BOCC ACTION: Previous Agreement was approved by the BOCC in
June 2004.
CONTRACT/AGREEMENT CHANGES: Exhibit B of the Agreement has been updated to show
reimbursement rates for fiscal years 07-08 through 2012-2013. Agreement also includes compensation
for Intersection Control Beacons in addition to Traffic Signals.
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST:
n/a
INDIRECT COST: _n/a
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: _n/a
COST TO COUNTY:
SOURCE OF FUNDS: FDOT
REVENUE PRODUCING: Yes No ~rOUNTPERMONTH Year
APPROVED BY: County Atty ~~chasing _ Risk Management ~/ -
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
FDOT
CONTRACT SUMMARY
Contract #_
Effective Date:
Expiration Date:
APP06
July 1, 2010
renewed annuall y
Contract PurposelDescription:
Traffic Si alMaintenance and Com ensation A reement with Florida De artment
of Trans ortation.
Contract Manager: Judy Clarke
(Name)
4329
(Ext. )
A enda Deadline: A ril 6, 2010
Total Dollar Value of Contract: $ 10,514.22
Budgeted? Yes[g] No D Account Codes:
Grant: $ 10,514.22
County Match: $
CONTRACT COSTS
Current Year Portion: $
- - - -
-----
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $-----.Jyr For: utilities/maintenance
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,)
Aa~ }n
Division Director ~-t-.flJD
"/}o
Risk Manag~ent ~
\\~ 1Jo~
O.M.B.lPurCHas~g Y -i>-tO
County Attorney t.f):;/; 0
Comments:
OMB Form Revised 2/27/01 Mep #2
CONTRACT REVIEW
Changes
Needed ~ ,12 M-eviewer
YesD NOLj D
YeSDNo[Z(~ ,'jJ~~
YeSDNO'~ p~~
YeSDNo~ ~ ~
Date Out
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
750-010-22
TRAFFIC OPERATIONS
07/09
Page 1 ot6
CONTRACT NO,
FINANCIAL PROJECT NO.
FEI.D. NO,
A-PP06
405576-1-88-03
VF596-000-749-099
THIS AGREEMENT, made and entered into this day of , _' by and between the Florida
Department of Transportation, an agency of the State of Florida, herein called the "Department", and Monroe County
Florida, herein called the "Maintaining Agency".
WITNESSED:
WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and
operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044
and 335,055, Florida Statutes, to enter into this Agreement, and;
WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the
respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties
mutually agree and covenant as follows:
1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal
systems (central computer, cameras, message signs, modems, and communications interconnect), flashing school zone traffic control
devices, intersection control beacons, warning beacons, illuminated street name signs, and the payment of electricity and electrical
charges incurred in connection with operation of such traffic signals and signal systems upon completion oftheir installation. The
Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the
maintenance and continuous operation of full traffic signal locations and intersection control beacons as identified in Exhibit A. Warning
beacons, emergency signals, and flashing school zone signals are not included, Payments will be made in accordance with Exhibit B.
Should the Maintaining Agency withdraw from the compensation portion of this Agreement; the Maintaining Agency will still be
responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining
Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic
signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems
upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall
have the opportunity to inspect and request modifications/corrections to the installation(s) and Department agrees to undertake those
prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the
Department and Maintaining Agency, Repair or replacement and other responsibilities of the installation contractor and the
Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction.
2. The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and
efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal
Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. The
Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection,
service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage).
The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log.
3. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same
functions, The Department shall not make any modifications and/or equipment replacements without prior written notice to and
consultation with the Maintaining Agency.
4. The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications, or special provisions. The Maintaining Agency shall obtain prior written approval
from the Department for any modification in phasing of signals, Signal Systems timings (cycle length, split, offsets) are considered
operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic, The Maintaining
Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional
Engineer registered in the State of Florida, The Maintaining Agency shall make available a copy of the timings to the Department upon
request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the
Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of
such modifications shall be coordinated with, or made by, the Maintaining Agency.
5. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any
approval documentation in a file.
75Q.{)10-22
TRAFFIC OPERATIONS
07109
Page 2 of 6
6. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this
Agreement as though fully set forth herein. Exhibit A shall contain all existing traffic signals and intersection control beacons on the
State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and
those that are maintained but not included for compensation, No changes or modifications will be made to Exhibit A during the year for
compensation. New signals and intersection control beacons added by the Department during the fiscal year shall be maintained and
operated by the Maintaining Agency upon final acceptance as stated in paragraph 1. The Maintaining Agency and the Department,
preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department signals and intersection
control beacons added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving
compensation for new Department's signals and intersection control beacons in the next fiscal year. In the event that no change has
been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum
payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions
as detailed in Exhibit B, attached and made a part hereof.
a) Payment shall be made only after receipt and approval of service.
b) Payment shall be made in accordance with Section 215.422, Florida Statutes.
c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit
and post-audit thereof.
d) Record of costs incurred under 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 (3) years after final payment for the work
pursuant to this Agreement is made, Copies of these documents and records shall be furnished to the Department upon
request. Record of costs incurred include the Maintaining Agency's general accounting records, together with supporting
documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the
Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs.
7. Maintaining Agency providing goods and services to the Department should be aware of the following time frames, Upon
receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies
otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services.
The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
8. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of
less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices retumed to a Maintaining
Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do
not start until a property completed invoice is provided to the Department.
9, A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this individual include
acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency.
The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792.
10. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity.
11. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for
CATEGORY TWO for a periOd of thirty-six (36) months from the date of being placed on the convicted vendor list.
12. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the
Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
13. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by
the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions
of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
750-010-22
TRAFFIC OPERATIONS
07/09
Page 3 of 6
(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may
be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds
are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained
shall prevent the making of contracts for periods exceeding 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 $25,000 and which have
a term for a period of more than one year.
14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such
findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking,
Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the
locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a
requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient traffic signal(s)
or intersection control beacon(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate
by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms
and conditions of this Agreement.
15. The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including,
but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal
systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this
Agreement. The Maintaining Agency shall fumish a copy of such agreements to the Department.
16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the
Department.
17. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of
Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the
Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the
Department.
18. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. The invalidity or
unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or
election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the
Department to enforce its remedies hereunder or at law or in equity.
19. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement
equipment installed with the mutual consent of the parties hereto.
20. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between
the parties.
21. This Agreement contains all the terms and conditions agreed upon by the parties.
IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written.
Monroe County , Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(Maintaining Agency)
By:
By:
(Authorized Signature)
(Authorized Signature)
PrintlType Name: Gus Pego, P.E.
Title: District Secretary
Attest:
PrintlType Name:
Title:
Attest:
(Seal if Applicable)
ReView:: _ --A:// * i/WrJ
~~ '1~e
750-010-22
TRAFFIC OPERATIONS
07109
Page 4 of 6 - Exhibit A
EXHIBIT A
TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERA TED FOR FY 10-11
Effective Date: To:
Maintaining Agency: Monroe County
Traffic
Signal (TS)
or FDOT
Intersection FY Unit Percent of
Control Rate State Total Amount
Compensation Beacon (refer to (Ex. 25, 33, (Unit Rate x
Intersection Locations (Yes or No) (ICB) Exhibit B) 50 75 or 100) Percent)
Cross Street Stock Island / US 1 Yes TS $2 622 0.67 $1,756.74
MacDonald Avenue / US 1 Yes TS $2 622 0.67 $1.756.74
Kev Deer Boulevard / US 1 Yes TS $2 622 0.50 $1311.00
Ocean Drive. Tavernier / US 1 Yes TS $2 622 0.50 $1311.00
Atlantic Boulevard / US 1 Yes TS $2 622 0.50 $1,311.00
Tradewinds Taroon Basin Drive / US 1 Yes TS $2,622 0.50 $1.311.00
Crane Boulevard / US 1 Yes TS $2 622 0.67 $1.756.74
750-010-22
TRAFFIC OPERA nONS
07/09
Page 5 of 6
I Total Lump Sum
$10,514.22 I
I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal
Maintenance and Compensation Agreement.
For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining
Agency a Total Lump Sum of$10.514.22.
Maintaining Agency
Date
District Traffic Operations Engineer
Date
COUNTY ATTORNEY
APPROVED AS TO M:
~A.HUTON
/1 /'.. TJ~"EY
II 51ft
750-010-22
TRAFFIC OPERATIONS
07/09
Page 6 of 6
EXHIBIT B
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services
described in this Agreement and in Exhibit A and Method by which payments will be made.
2.0 COMPENSATION
For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the
Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will
receive one lump sum payment at the end of each fiscal year for satisfactory completion of service.
Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts.
The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road
Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic
signal.
Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50%) being state
roads, the intersection amount for FY 10-11 will be: $2,622 x (2/4) = $1,311
Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads,
the intersection amount for FY 11-12 will be $675 x (2/3) = $450
Unit Rates per 100% State Intersections
Traffic Signals:
FY 07-08 $2,400
08-09 $2,4 72
09-10 $2,546
10-11 $2,622
11-12 $2,701
12-13 $2,782
Intersection Control Beacons:
$0
$0
$0
0.25 x $2,622 = $656
0.25 x $2,701 = $675
0.25 x $2,782 = $696
Beginning with FY 07-08, the Unit Rate for each fiscal year is 3% more than the Unit Rate for the
previous fiscal year, unless otherwise specified in an amendment to this Agreement.
3.0 PAYMENT PROCESSING
The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April2L 2010
Division: Public Works
Bulk Item: Y es ~ No
Department: Engineerinf;!
Staff Contact PersonlPhone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of a First Amendment to construction contract with
Charley Toppino and Sons, Inc., for the Palm Drive (Baypoint) Bridge Repair Project, to comply with
FOOT requirements.
ITEM BACKGROUND: This Amendment does not change the contract price. The Amendment
includes FDOT requirements to previously approved contracts to adhere to revised guidelines.
Construction contract includes federal requirements in accordance with the American Recovery and
Reinvestment Act of2009 guidelines
PREVIOUS RELEVANT BOCC ACTION: At the November 2,2009 BOCC meeting the Board
approved execution of a Contract with Charley Toppino and Sons, Inc., as the low bidder, for the Palm
Drive (Baypoint) Bridge Repair Project.
CONTRACT/AGREEMENT CHANGES: Amend Agreement to remove any statements that
reference the amending of FHW A Form 1273. Amend Agreement to include the Davis Bacon Act
Wage Determination General Decision FL35 as Attachment E.
STAFF RECOMMENDATIONS: Approval to Amend the Agreement as stated above.
TOTAL COST:
n/a
INDIRECT COST:
BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No \AMOUNTPERMONTH Year
APPROVED BY: County Atty ~~~Sing _ Risk Management
DOCUMENTATION:
Included -X-..
Not Required_
DISPOSITION:
revised 7/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Charley Toppino and Sons Effective Date: 4-21-10
Inc.
Expiration Date:
Contract Purpose/Description: Amendment to satisfy FDOT requirements - NO change in
Budget
Contract Manager: Judy Clarke
(Name)
for BOCC meeting on 4/21/10
4529
(Ext.)
Engineering
(Department)
Agenda Deadline: 4/06/10
CONTRACT COSTS
Total Dollar Value of Contract: $~ Current Year Portion: n/a
(approx. )
Budgeted? Yes X No
Grant:
County Match: $0
Account Codes:
_ !~ ,r.. ;,
_ - -XXXXXX
ADDITIONAL COSTS
Date In
Changes
Needed
YesD NoD
CONTRACT REVIEW
/1:' /~.: .>>>:_) ~~-
" / . ieWer------
,- ,./
. / /
~ .,r-r-
Dat~ Out
'r Ie lie
Division Director
R,iS;~ Man~~e~,,~~t
o~ r~. B./purcha%ing
" "_f
YesD NoEl
.,o' ~
I,
County Attorney
"'UfO
YesD NoD -\....- ~ -~
YesD NO[ff/ ~:2~~~u,j{> /i:ss-..//
/
'i-/' -It,
Comments:
OMB Form Revised 9/11/95 MCP #2
Revised 2/95
FIRST AMENDMENT TO CONTRACT
FOR THE PALM DRIVE (BAYPOINn BRIDGE REPAIR PROJECT
TIDS FIRST AMENDMENT to the Contract for the Palm Drive (Baypoint)
Bridge Repair Project ("AGREEMENT") entered into between MONROE COUNTY
("COUNTY') and Charley Toppino and Sons, Inc. ("CONTRACTOR") is made and
entered into this 21!ll day of April 2010. in order to amend the AGREEMENT, as follows:
WITNESSETH
WHEREAS, on the 21st day of October, 2009, the parties entered into the AGREEMENT
for the Palm Drive (Baypoint) Bridge Repair Project; and
WHEREAS, in order to close out the project and to comply with the Florida Department
of Transportation directives, Article 7.11 of the AGREEMENT is hereby amended as set
forth below; and
WHEREAS, Florida Department of Transportation requires that the applicable Wage
Rate General Decision for Federally funded construction projects be attached to the
Contract;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree as follows:
1. Article 7.11 of the AGREEMENT shall be amended to delete portions ofthe present
wording and to read only as follows:
FHWA Form 1273: Form 1273 is attached hereto as Attachment C and made a
part of this contract. The Contractor will adhere to all provisions in FHW A Form
1273.
2. The AGREEMENT shall be amended to include the Davis Bacon Act Wage
Determination General Decision FL35, as attached hereto and made a partofthe
Agreement, as Attachment E.
3. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in
full force and effect.
REMAINDER OF PAGE 1 LEFT INTENTIONALLY BLANK
SIGNATURE PAGE ONLY TO FOLLOW
Page 1 of2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
stated above.
Attest: DANNY L. KOLHAGE, CLERK
By:
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
Deputy Clerk
Date:
By:
/J
-..j!! . /i'. /
~W/e?;:(.')) l//Jr.,{/"
/
, <;- /;-/[)
CONTRACTOR
By: ij~\':r;- )~"H)
. -- I
Print Name: VA. & L-'7'.:IZe;7 /;../ ()
Title: ,/fS:;;::-r- 6' v_'<,_
Date: c../ - G ~ ,--kJ D
f
Page 2 of2
Davis Bacon Act Wage Determination General Decision FL35
ATTACHMENT E
GENERAL DECISION: FL20080035 07/24/2009 FL35
Date: July 24, 2009
General Decision Number: FL20080035 07/24/20
Superseded General Decision Number: FL200700
State: Florida
Construction Type: Highway
Counties: Charlotte, De Soto, Glades, Hardee
Highlands, Monroe and Okeechobee Counties in
HIGHWAY CONSTRUCTION PROJECTS (excluding tun:
structures in rest area projectsl railroad c
bascule, suspension and sprandrel arch bridg
commercial navigation; bridges involving mar
construction; .
other major bridges)
Modification Number
o
1
Publication Date
02/08/2008
07/24/2009
* SUFL1993-002 08/01/1993
Rates
Bricklayer /Brickmason. . . . . . . . . . . . $ 9.50
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 12.00
Concrete Finisher................. 9.34
ELECTRICIAN......................$ 11.85
FENCE ERECTOR.................... $ 7.45
FOl:1ll Setter....................... 8.61
Ironworkers:
Reinforcing.............. ...$ 13.83
PAINTE:R. . . . . . . . . . . , . . . . . . . . . . . . . . ~
Power equipment operators:
Asphalt Distributor.........$
Asphalt Paving Machine... ...$
Asphalt Screed............ ..$
Backhoe. . . . . . . . . . . . . . . . . . . . . $
Boom-Auger. . . . . . . . . . . . . . . . . . $
Bulldozer. . . . , . . . . . . . . . . . . . . $
Crane, Derrick, Dragline....$
Earthmover. . . . . . . . . . . . . . . . . . $
Forklift. . . . . . . . . . . . . . . . . . . . $
Front End Loaders:
1 cu. yard and under.......$
over 1 cu. yard..... .......$
Gradall. . . . . . . . . . . . . . . . . . . . . $
Grademan. . . . . . . . . . . . . . . . . . . . $
Guardrail Erector..... ......$
Guardrail Post Driver.... ...$
Mechanic. . . . . . . . . . . . . . . . . . . . $
Milling Machine Grade
Checker. . . . . . . . . . . . . . . . . . . . . $
Milling Machine. ...... ... ...$
Motor Grader.... ......... ...$
Mulching Machine............$
Oiler, Greaseman......... ...$
Pavement Striping Machine...$
Paving Striping Machine
Nozzleman.................. .$
Pile Driver................. $
Piledriverman..... ..... .....$
Power Subgrade Mixer.. ......$
Rollers:
Finish. . . . . . . . . . . . . . . . . . . . . $
Rough. . . . . . . . . . . . . . . . . . . . . . $
Self-Prop. Rubber Tire.....$
Scraper I Pan. . . . . . . . . . . . . . . . . $
Small Tool Operator... ......$
Tractor, Light... ...........$
Trenching Machina...........$
Widening Spreader Machine. ..$
SIGN ERECTOR. . . . . . . . . . . . . .. . . . . . . $
Traffic Controller
TRAFFIC CONTROL SPECIALIST..$
TRAFFIC SIGNALIZATION
INSTALLER. . . . . . . . . . . . . . . . . . . $
TRAFFIC SIGNALIZATION
MECHANIC. . . . . . . . . . . . . . . . . . . . $
Truck drivers:
Lowboy. . . . . . . . . . . . . . . . . . . . . . $
Multi-Rear Axle.. ...........$
Single-Rear Axle...... . . . . . . $
7. !:l~
8.01
9.28
8.48
8.92
7.95
10.30
12.56
7.75
7.50
7.91
7.94
9.00
7.25
7.25
7.50
10.14
7.25
9.00
10.56
7.25
7.73
8.26
7.25
10.50
10.00
7.94
8.41
8.01
8.16
8.11
7.25
7.52
8.12
8.00
7.63
7.50
9.79
13.16
8.11
8.06
7.80
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included
within
the scope of the classifications listed may be added after
award only as prOVided in the labor standards contract
clauses
(29CFR 5.5 (a) (1) (ii)}.
In the listing above, the "SO" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other
designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DmTERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This
can
be:
*
an eKisting"published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position
*
"
on
a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was
conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this
initial
contact is not satisfactory, then the process described in
2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.B and 29 CFR Part 7). write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by ~ tul1 otatcment ot
the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable,
an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board'. Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are
final.
==~~~=-=~=~~==~~==========_====~~===~;==~~x;~~============~
END OF GENERAL DECISION
Palm Drive Brid~e Repair Proiect
Section 00500
Standard Form 0f Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Twenty First day of October in the year of Two Thousand and Nine.
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 1100 Simonton Street
Key West, Florida 33040
and the Contractor: Charley Toppino and Sons, Inc.
MM 8.5 U.S. Highway 1 Rockland Key, FL 33040
For the following Project: Palm DrIve (Baypolnt) Bridge RepaIr Project
Saddle Buneh Keyll, Monroe County, Florida
FOOT FM.421682-1
Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by
the drawings and specifications, which are a part oflhis bid package.
Oversight for Owner is:
Monroe County Public Works Division
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Engineer is:
TKW Consulting Engineers, Inc.
5621 Banner Drive
Fort Myers, Florida 33912
The Owner and Contractor agree as sel forth below.
~ SfANDARDroRMCF AGRfaIFNT BElWEENOWNERANDa:lNlRACfCR (revaJ)
00'i00- 1
Palm Drive Brid2e Reoair Proiect
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings. Specifications, Insurance Requirements and Documents. Milestone Schedule. Bid
Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement. other documents listed in
Ihis Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations. representations or
agreements, either written or oral.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents. except to the extent specifically
indicated in the Contract Documents to be the responsibil ity of others, or as follows:
Scope of Work is as specified in the Project Manual for this project. Section 00300. The contract
constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Palm
Drive (Bay point) Bridge Repair Project.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the dale from which the Contract Time of Paragraph 3.2 is measured. and
shall be the date of this Agreement, as first wriUen above. unless a different date is staled below or provision is made
for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350. Milestone Schedule.
Unless the date of commencement is established by a notice to proceed issued by the Owner. the Contractor shall
notify the Owner. through the Construction Manager. in writing not less than five days before commencing the
Work. The dale of eOmJDenc:ement shall be the dale speclJled In the Notlee to proceed, Issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) Days after
the Date of Commencement, subject to adjustment.!l of the Contract Time as provided by the Contract Document.
UQlllDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Dale for all work, modified by all approved
extension in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial
Completion. The liquidated damages table below shall be utilized to detennine the amount of liquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-$99,999.00
$100,000.00-499.999.00
$500,000.0 and Up
FIRST
15 DAYS
$50.00IDA Y
I OO.ooIDA Y
2oo.oolDA Y
5oo.00IDA Y
SECOND
15 DAYS
Sloo.OOIDAY
200.OOIDA Y
500.00IDA Y
I,OOO.OOIDA Y
31ST DAY &
THEREAFTER
$250.00IDA Y
750.OOIDA Y
2,OOO.001DA Y
3.500.ooIDA Y
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of
time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract, for the Palm Drive (Baypolnt, Bridge Repair Project the sum of ONE HUNDRED THIRTY
THOUSAND FIVE HUNDRED FORTY THREE AND 501100 DOLLARS, ($130,543.50), subject to additions
and deductions as provided in the Contract Document.!l.
~ STANDARDfCRM<F AGREEMENTBEIWEENOWNERAND~ (revCB)
<ml).2
Palm Drive Bridl!e Reoair Proiect
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner; None
4,3 Unit prices, if any, are as follows; as specified in Bid Proposal (Section 00110-5) and amended as
follows: Bid Item No.7. Bridge Railing Replacement $275,29 /
Lf and Bid item No, 8 - Metal Guardrail Replacement $125.00 1 LF
as stated in email dated09/25I09fromTOPPKW@uol.com
ARTICLE 5
Progress Payments
5, I Based upon Applications for Payment submilled by the Contractor to the Owner, and upon Project
Applications and Certificates for Payment issued by tlte Owner, the Owner shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of
the month, or as follows:
5.3 County shall pay pursuant to lhe Aorida Local Government Prompt Payment Act Chapter 218 Aorida
Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submilled by the Contractor in
accordance with the Contract Documents. The Schedule of Yalues shall allocate the entire Contract Sum among the
various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as
the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the
Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents. the amount of each progress payment shall be
computed as follows:
5,6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of lhe Work by the share of lite total Contract Sum
allocated to that portion of the Work in the Schedule of Values,less retainage ofIm.Percenl (10%).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner
for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construclion Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase. if any. with respect to that change.
5,6.2 Add that portion oflhe Contract Sum properly allocable 10 materials and equipment delivered and
suitably stored at the sile for subsequent incorporation in the completed conslruction (or. if approved in
advance by the Owner. suitably stored off the site at a location agreed upon in writing), less retainage of
Ten percent (10%):
5.6,3 Subtract the aggregate of previous payments made by the Owner; and
5,6.4 Subtract amounts, if any. for which the Construction Manager or Architect has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of lhe General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under
the following circumstances;
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Palm Drive Bridge Repair Proiect
5.7.1 Add. upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety percent (90%) of the Contract Sum, Jess such amOUnlS as the Construction Manager recommends
and the Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add. if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation of retainage, if any. shall be as follows: None
5.9 The County will withhold progress payments from the Contractor for failure to comply with the
requirements of 7-1.1.1 Compliance with American Recovery and Reinvestment Act of 2009
which is attached to this contract as Attachment A and the FOOT Local Agency Program (LAP)
requirements.
ARTICLE Ii
Final Payment
Final payment. constituting the entire unpaid balance of the Contract Sum. shall be made by the Owner to the
Contractor when (I) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any. which necessarily survive final payment: and (2) a final Project Certificate for
Payment has been issued by the Owner and 3) the contractor has met all provisions of the reporting requirements
under the American Recovery and Reinvestment Act of 2009; such final payment shall be made by the Owner not
more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt
Payment Act 218.735.
7.3 Temporary facilities and services:
None for this project.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 PubJfc: Entitles Crimes By signing this Agreement, Contractor represents lhat the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid hereto. and may
result in debarment from County's competitive procurement activities.
In addition to the foregoing. Contractor further represents Ihat there has been no determination, based on an
audit, that it or any subcontractor has committed an act defined by Section 287.133. Florida Statutes, as a
"public entity crime" and that it has not been formally charged with commilling an act defined as a "public
entity crime" regardless of the amount of money involved or whether Contractor has been placed on the
convicted vendor list.
Conlractor will promptly notify the County if it or any subcontractor is formally charged with an act
defined as a "public entity crime" or has been placed on the convicted vendor list.
A perS()n or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity. may not
~ srANDARD~CF AGRa:MENfBEIWFFNOWNERANDCONIRACfCR (rev(ll)
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Palm Drive Bridl!e Repair Proiect
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work. may not submit bids on leases of real property to public entity, may not be awarded or perfonn work
as contractor. supplier. subcontractor, or consultant under a conlfact wilh any public enlity, 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.
76 The following items are part of this conlfac!:
a) Maintenance of Recordl Contractor shall maintain all books, records, and documenlS direclly
pertinent to performance under this Agreement in accordance with generally accepted accounting principles
consistenlly 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 five years following the termination of this Agreement If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not
authorized by this Agreement. the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03; FS, ruMing from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with tlte laws of the Stale of Florida applicable to contracts made and to be perfonned
entirely in tlte State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, Ihe County and Contractor agree thai venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
c) Severability: If any term, covenant, condition or provision of this Agreement (or the application
tltereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a coun of
competent jurisdiction. the remaining terms, covenanlS, 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 permilted by law unless the enforcement of Ihe remaining terms, covenanlS,
conditions and provisions of this Agreement would prevent the accomplisltment of tlte original intent of this
Agreement. The County and Contractor agree to reform tlte Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of 1l1e stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relati ve to tlte enforcement or inlerpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs in appellale proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
e) BhKlfng Effect: The terms, covenants. conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
t) Authority; Each party represents and warrants to the other rhat the execution, delivery and
performance of litis Agreement have been duly authorized by all necessary County and corpora Ie action, as required
by law.
g) Claims for Fedel'lll or State Aid: Contractor and County agree that each shall be, and is.
empowered to apply for, seek. and obtain federal and stale funds to further the purpose of this Agreement; provided
lhat all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Nondiscrimination: County and Contractor agree that there will be no discrimination against
any person, and it is expressly understood rhat upon a determination by a coun of competent jurisdiction that
discrimination has occurred, Ihis Agreement automatically terminates without any furtlter action on tlte part of any
party. effective the dale of the court order. County or Contractor agree to comply with all Federal and Florida
.\talUtes, 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
00(lS(P SfAl'IDARD f"aW: CF AGREEMFNTBEI'WEEN OWNERANDa::MRACJm (re'IIal)
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Palm Drive Bridge Repair Proiect
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 sell.; 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
lPL 9 I -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. 69Odd-3 and 29Oee-3), as amended. relating to
confidentiality of alcohol and drug abuse patent re\:ords; 8) Title VlU of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended. relating to nondiscrimination in the sale. rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13. Article VI, which prohibits discrimination on the
basis of race. color, sell.. religion. national origin. ancestry. sell.ual orientation. gender identity or ell.pression, familial
status or age; II) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to. or the subject matter of. this Agreement.
i) Covenant of No Interest: County and Contractor covenant that neither presently has any
interest, and shalloot acquire any interest. which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.
j) Code of Ethla: County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public offICers and employees as delineated in Section 112.313,
Florida Statutes, regarding. but not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
k) No SoUcltalionlPayment: The County and Contractor warrant that, in respect to itself. it has
neither employed nor retained any company or person. other than a bona tide 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 tide employee working solely for it. any fee, commission, percentage, gift. or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision. the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover. the full amount of such fee.
commission, percentage, gift, or consideration.
I) Publk Access: The County and Contractor shall allow and permit reasonable access to. and
inspection of. all documents. papers. letters or other materials in its possession or under ils control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with
this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) Non-Waiver or Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage. or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be
required to contain any provision for waiver.
n) Privileles and Immunities: All of the privileges and immunities from liability, ell.emptions 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 tbe County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of such officers, agents. volunteers. or
employees outside the territorial limits of the County.
0) Legal Obllgalions 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 ell.tent 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
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the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution. state
statute, and case law.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or auemptto enforce any third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer. or employee of either shall have the aulllority to inform. counsel. or
otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart. inferior to. or superior to the community in general or for the
purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to eltecute such documents as the County may reasonably require,
to include a Public Entity Crime Statement. an Ethics Statement. and a Drug-Free Workplace Statement.
r) No Personal Llabillty: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member. officer. agent or employee of Monroe County in his or her individual
capacity. and no member, officer. agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
s) Executloo 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 conslitute one and lite same
instrument and any of the parties hereto may eltecute this Agreement by signing any such counterpart.
t) Seellon Headlnp: 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 interpretalion of any provision of this Agreement.
u) specr.. Conditions, if any are detailed in Section 01000 of the Project Manual for this
Project.
v) Hold H.rm/ess: The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including deallt), personal
injury, and property damage (including property owned by Monroe County) and other losses, damages, and
expenses (including attorney's fees) which arise oul of. in conneclion with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by lite negligence, errors. or ollter wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees. or agents.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of the
Contractor's failure to purchase or maintain lite required insurance, the Contractor shall indemnify the County from
any and all increased expenses resulling from such delay.
The first len dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) Adjunction or Disputes or Disagreements: The Owner and Contractor agree that all disputes
and disagreement shall be allempted to be resolved by meet and confer sessions between representatives of each of
the panies. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida Jaw. This provision does not negate or waive the provisions of Paragraph
X concerning cancellation.
x) CallCeJ/alion: In the event that the Contractor shall be found to be negligent in any aspect of
installation. stocking. maintenance. repair, or service, the County shall have the righlto terminate this agreement
after five days written notification to the Contractor.
y) Cooperalion: In the event any administrative or legal proceeding is instituted against either party
relating to the (ormalion. execution. performance. or breach of lhis Agreement, County and Contractor agree to
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Palm Drive Bridge Repair Proiect
panicipate. 10 Ihe extent required by the orher pany, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to Ihis Agreement shall be required 10 enter into any arbitration
proceedings related to this Agreement
7.7 Ownership 01 the Project Documents: The documents prepared by the Contractor for this Project belong
10 the County and may be reproduced and copied without acknowledgement or permission of the
Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County Commissioners for
Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and
legal representatives 10 the other and to the successors, assigns and legal representatives of such other
party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or
otherwise, with or any rights in favor of, any tbird party.
7.10 DisadvanlJlged Business Enterprise (DBE) Polley and Obligation: The Contractor agrees to comply
with the provisions of FOOT's Disadvantaged Business Enterprise Program as outlined in the Certification
contained in Section 00110 Bid Proposal. The Contractor will complete and execute mOT lonn 275-
030-118, DDE AlIIr1ruItlve Action Plan, which is included as Attachment B 10 this Agreement.
7.11 mw A Form 1273: Fonn 1273 is attached herelo as Attachment C and made a part of this contract. The
Contractor will adhere 10 all provisions in FHW A Form 1273.
,.iection V. Statements and Payrolls on Page 5 01 FHW A Form 1273 is amended as lollows:
!he statement, "except for projects located on roadways classified as local roads or rural colleclors. which
are: exempt", is deleted.
:t. Payrolls and Payroll Records Part d ( I) is revised to read: that the payroll for the payroll period contail15
the: information required 10 be maintained under paragraph 2b of Ihis Section V, with the exception 01 the
employees' S9!;~ecurlty _number and address, which should not he Included on payroUs submitted.
-and that such information is correct and complete; -----.
yayroll statements shall include an individually identifying numher for each employee.
7.12 Buy America: The Contractor agrees that it will comply wilh the requirements of 49 U.S.C Section 5323
0) (I). Section 165 (a) of the Surface Transponation Assislance Act of 1982, as amended, but it may qualify
for an exception 10 Ihe: requirements pursuant to Section 165 (b) (2) or (b) (4) of the Surface Transportation
Assistance Act of 1982 and regulation in 49 CPR 661.7.
7. 13 Foreign Contractor and SuppUer Restriction: The Contractor shall not knowingly enter into any
subcontract under this contract:
( I) With a subcontractor of a foreign country included on the I ist of counlries that discriminate against
U.S. firms published by Ihe United States Trade Representative (USTR) or
(2) For the supply of any product for use on the Federal Public Works project under Ihis contract that is
produced or manufactured in a foreign country included on the list of countries that discriminate against
U.S. firms published by USTR (Includes "Buy American" provisions).
7.14 Public Agency Subcontracting to PrIvate Sector Entity Contract Provision: in accordance with the
provisions of 23 CPR 635.112(e). No public agency shall be permitted to bid in competition or to enter into
subcontracts with private conlractors. A breach of any of the stipulations 23 CPR 635.1 J 2(e) shall be
sufficient grounds for termination of the Contract.
C805.Q} STANDARDroRMCF A.GREEMENrBEIWaNOWNFRANDcx:JNIRACI"(R (~~
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Palm Drive Bridge Repair Proiect
7.15 Contractor Purchased Equipment Cor Local Ownership: in accordance with the provisions of 23 CFR
140 and 49 CFR Section 18.3 the Contractor will not purchase equipment for County ownership.
7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay
standard equipment rental rates for the local area where the Work is being conducted for rented equipment,
as needed during the project.
7.17 Local Hirinll PreCerence: the County will not include a Local Hiring Preference for this contract.
7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned
equipment will not be allowed to compete with privately owned equipment under this agreement.
7.19 State Prelerence: No requirement will be imposed:
(a) To require the use of or provide a price differential in favor of articles or materials produced within the
State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from
or prepared, made or produced in any State, territory or possession of the United States; or
(b) To prohibit. restrict or otherwise discriminate against the use of articles or materials of foreign origin to
any greater extent than is permissible under policies of the Department of Transportation as evidenced by
requirements and procedures prescribed by the FHW A Administrator to carry out such policies.
7.20 American R<<overy and Reinvestment Act 012009: Special provision SPOO7011lES is allached hereto
as Attachment A and made a part of this contract. The Contractor will adhere to all provisions of the
Special Provision.
7.2 I Salvage Credits: The Contractor will not receive credits for salvageable materials.
7.22 Equal Employment Opportunity (EEO) Requirements: the Contractor will adhere to Ihe DOT EEO
requirements in accordance with Executive Order I 1246 and as outlined in the Equal Employment
Opportunity Certification in Specification Section 00110. Prior to the start of construction the Contractor
will complete FOOT Fonn 275-021-13 Notlllcatloa to FOOT of EEO Omcer and Fonn 275-021-05,
R<<ord of Supervisory and Ollke Personnel EEO Meeting or Individual Orientation. which are
included as Attachment D to this Agreement.
7.23 DavIs-Bacon Act: In accordance with the Davis-Bacon Act. the Contractor and their subcontractors shall
pay workers employed directly upon the site of Ihe work no less than the locally prevailing wages and
fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at:
www.access.goo.l!ov/davisbacon/f1.htmlunder Monroe County. Wage Rate D<<IsloD FL-35 applies to
thIs projed.
ARTICLE 8
Termination or Suspension
8.1 The Conlract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
ARTICLE 9
Enumeration 01 Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement. are
enumerated as follows:
9.1. I The Agreement is Ihis executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
~ SfANDARDR:mifCF AGRFEMENT BEIWEENOWNERAND<:XNIRACI'CR (revOJ)
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Palm Drive Bridl!e ReDair Proiect
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
AUl!ust 2009 and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section ??oo1 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9. J.3. and are as
follows:
As listed in Table of Contents. Section ??oo1 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
As listed in Table of Contents, Section ??oo1 of the Project Manual for this project.
9.1.6 The Addenda, if any, are as follows: Addenda 1#1 issued August 20, 2009
Addenda #2 issued September 2, 2009
Addenda 1#3 issued September 3, 2009
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any. forming part of the contract Documents are as follows: Monroe County Bid
Form and all Certifications and Forms contained in Section 00 110.
This Agreement is entered into as of the day and year first written above and is executed in at least four original
copies of which one is to be deli vered to the Contractor, one each to the Construction Manager and Architect for use
in the adminlstra.tion of the Contracl, and the remainder 10 the Owner.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
iJo..kJ c. ~
Depuly Clerk
By
b"..L4 'oJ~,e.<r
Mayor
Dale
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(SEAL)
AlIe!t:
CONTRACTOR
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END OF SECTION 00500
MONROE COUN1Y ATTORNE'(
~F!R;j{D AS TO FORM:
IiUl 0 ItJlj-&-t/f A1J II
CHRISTINE M. L1MBERT.BARROWS
ASSISTANT COUNTY ATTORNEY
'J3'S q/~(jJIJ9
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C8OSQ} SfANDARDRJRM(F AGRID.1ENI'BElWEE'JOWNERANDaMRACTCR (rev(lJ)
OOSOO-IO
,
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Employee Services
Bulk Item: Y es ~
No
Department: Benefits Office
Staff Contact PersonlPhone#:Maria Gonzalez X4448
AGENDA ITEM WORDING: Approval of a Resolution to establish a supplemental voluntary plan
that provides benefits to employees in the case of an accident or illness with the American Family Life
Assurance Company, Inc. (AFLAC).
ITEM BACKGROUND: The Health Benefits Team was established this year to brain storm,
evaluate and recommend health care strategies. The Team as well as employees who are under the
direction of the County Administrator have expressed their desire to have AFLAC available for all
employees who wish to enroll.
PREVIOUS REVELANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0
INDIRECT COST:
BUDGETED: Yes ~No
COST TO COUNTY: $0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X A~OUNT PER MONTH
-~ - 1'--\ -
APPROVED BY: County Atty -::J ~ing _ Risk Management vnd
DOCUMENTATION: Included ~To Follow_ Not Required _
Year
DISPOSITION:
AGENDA ITEM #
Revised 2/27/01
RESOLUTION NO.
- 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE A PAYROLL ACCOUNT
ACKNOWLEDGMENT IN ORDER TO ESTABLISH PAYROLL
DEDUCTIONS FOR EMPLOYEES WISHING TO ENROLL IN
SUPPLMENT AL VOLUNTARY PLANS OFFERED BY AFLAC.
WHEREAS, the Health Benefits Volunteer Review and Recommendation Team
along with several employees have expressed their desire to obtain supplemental voluntary
plans (Plans) that provide benefits in the case of an accident or illness from the American
Family Life Assurance Company, Inc. (AFLAC); and
WHEREAS, the acknowledgement allows AFLAC to establish a group for AFLAC
Plans at a group rate for all employees that voluntarily enroll; and
WHEREAS, the Plans are solely optional and will be paid by direct employee
payroll deduction; and
WHEREAS, the opportunity will be provided to pay for the plans on a pre-tax basis
under Section 125 of the Internal Revenue Service Code; and
WHEREAS, Monroe County's responsibility will be to deduct the premium from the
employees' paycheck and pay the bill for the premiums that were deducted; the entire cost
of the supplemental voluntary plan including any administrative costs will be borne by the
plan participants.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
The Board of County Commissioners hereby authorizes the County Administrator to sign
the aforementioned acknowledgement to effectuate the program.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of
2008.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Mario Di Genarro
(SEAL)
Attest: DANNY L. KOHLAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~ARY
Meeting Date: April 21, 20 I 0
Division: Employee Services
Bulk Item: Y es ~
No
Department: Risk Management
Staff Contact PersonlPhone#:Maria L. Slavik X3178
AGENDA ITEM WORDING: Approval to pay $274,470 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance Policy.
ITEM BACKGROUND: The County's property policy has a $1,000,000 per location windstorm
deductible. This policy covers the deductible amount.
PREVIOUS REVELANT BOCC ACTION: Accepted property insurance proposal with per
location deductible. This policy was approved by the board on 4/15/09.
CONTRACT/AGREE:MENT CHANGES: There is increase of$16,747in premium. The new
renewal dates are 5/29/10-5/29/2011.
STAFF RECOMMENDATIONS: Approval to renew the policy as submitted by Citizens Property
Insurance Corporation.
TOT AL COST: $274.470 INDIRECT COST:
BUDGETED: Yes ~ No
COST TO COUNTY: $274.470
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ NO~MOUNTPERMONTH_ Year
( , \ ~ .
APPROVED BY: County Atty JY . fPur't'!;ing _ Risk Management ~
DOCU:MENT A TION:
Included -..LTo Follow_
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Citizens Property Contract #_
Effective Date: 5/29/2010
Expiration Date: 5/29/2011
Contract Purpose/Description:
Windstorm Insurance Renewal
Contract Manager: Maria Slavik 3178 Risk Management #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 04- 21-10 Agenda Deadline: 04/06/2010
CONTRACT COSTS
Total Dollar Value of Contract: $ $27 4,4 70 Current Year Portion: $
Budgeted? Yes[:J No D Account Codes: 503-08502-530-450-_
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
5{;,~ Needed,.,,/
~U YesD NOIJ:j ,
Date Out
Risk Management 3~3-u) YesD NoB
o.~./Purchasing ~-23-IO YesD Nod
r
County Attorney 3 --/q ~ ;).../10 YesD NO~
]-1 -;)0111
Comments:
OMB Form Revised 2/27/0 I Mep #2
OK~~,rY ~9"~.~E
(305) 2944641
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
OfficI' of the Eml.loy..e Services Division Diredor
The IIistori(, (;ato G!!:ar Factory
1100 Simonton Street, Suite 268
Key West, FL :l:IOiO
(a05) 292-U58 - Phone
(:105) 292-1..')64 - Fax
? 00(,.
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TO:
Board of County Commissioners
Teresa E. Aguiar, fPW' \ .
Employee Services Directo
March 18,2010
FROM:
DATE:
SUBJ:
Approval to renew Citizens Windstorm Policy
This item requests approval to pay $274,470 renewal premium to Citizens Property Insurance Corporation
for the County's windstorm policy. The policy offers various deductibles by location and insures the
County's building and contents scheduled on the policy for damages resulting from wind.
It is recommended that the BOCC approve the policy for the period of 5/29/1 0 - 5/29111. If you have any
questions, please do not hesitate to contact me at 292-4458.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010 (KW)
Division: Employee Services (Risk Mgmt.)
Bulk Item: Yes ~
No
Staff Contact PersonJPhone #: Maria Slavik x 3178
AGENDA ITEM WORDING:
Approval to rescind the Board's approval of agreement with Marshall & Stevens Inc. for appraisal
services on buildings and contents for all County-owned property.
ITEM BACKGROUND:
On February 17, 2010, the BOCC approved an agreement with Marshall & Stevens Inc. ("M&S)
whereby M&S would perform an updated appraisal on the buildings and contents of County-owned
property, which is required for property insurance renewals. Subsequent to the February 17, 2010
meeting, a disagreement arose between the parties as to the scope of the appraisal to be performed. In
light of the relatively small dollar value of the contract and the need for clarity, the parties have
mutually agreed to rescind the 2-17-2010 agreement subject to approval of the BOCC and to mutually
release all claims against each other. Separately, staff will be issuing an RFP and will bring forward a
different contract to the Board for approval after receipt of proposals.
PREVIOUS RELEVANT BOCC ACTION:
February 17, 2010, BOCC approval for Marshall & Stevens to perform appraisal on County-owned
property.
CONTRACT/AGREEMENT CHANGES:
Rescission of prior agreement.
ST AFF RECOMMENDATIONS:
ApprovaL
TOTAL COST: ~ INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
$0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County AllY ~ ~urchasing _ Risk Management ~
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised l/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Employee Services
Bulk Item: Yes ~
No
Department: Risk Management
Staff Contact PersonlPhone#:Maria L. Slavik X3l78
AGENDA ITEM WORDING: Approval to extend the current General and Professional Liability
Insurance with Lantana Insurance Ltd. for Bayshore Manor and waiver of policy requiring going out for
RFP.
ITEM BACKGROUND: Coverage is for General Liability and Wrongful Acts/Vicarious Liability for
abuse as require to maintain our State of Florida Assisted Living Facility License. Also covers claims
alleging sexual and/or physical abuse. The County purchases Professional Liability Insurance from
Lantana Insurance, LTD. with limits of $1 mil with no deductible. The current premium is $15,327.
PREVIOUS RELEVANT BOCC ACTION: In years past, attempts to locate alternative insurance at
a reasonable price have proved unsuccessful. As part of Interisk's services provided to the County, the
availability and pricing of insurance is perpetually monitored (including the insurance required by
Bayshore). Lantana has been the only company willing to offer the protection need for a cost that is
acceptable to the County. When proposals for alternative coverage have been received, the premiums
have been as much as twice the amount being charged by Lantana.
CONTRACT/AGREEMENT CHANGES: Renew the General and Professional Liability Insurance
with Lantana Insurance, Ltd., for the period beginning 4/30/1 0 in the amount of $15,116.99 which
represents a decrease of $210.01.
ST AFF RECOMMENDATIONS: It is recommended that the BOCC waive the bid process and
renew the policy in the amount of$15,116.99.
TOTAL COST:$15,1 16.99 INDIRECT COST:
BUDGETED: Yes X No
COST TO COUNTY:$15,1 16.99 SOURCE OF FUNDS: Ad valorum
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
APPROVED BY: County AtlyW rrChasing _ Risk Management_
DOCUMENTATION:
Included X-
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Arthur J. Gallagher & Co Contract #
Effective Date: 4/30/1 0
Expiration Date: 4/30/2011
Contract Purpose/Description:
Bayshore Manor Renewal
Contract Manager: Maria Slavik 3178 Risk Management #7
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on April 21, 2010 Agenda Deadline: 4/6/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ $15,116.99 Current Year Portion: $
Budgeted? YesC8J No D Account Codes: 503-08502-530-450-_
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Di vision Director l..L.kJ. 0
Risk Management ~
f J{;., ~
O.M.B./Purchasing i.iJ -;0
County Attorney 4-~6- JG{u
Changes
Needed J
YesD N obLJ
Date Out
YesD No0
YesD Nod
YesD NoB'
l{.~<lO
4-&-(0
Comments:
OMB Form Revised 2/27/01 Mep #2
O,\J,~,;Y ~o~~~E
(305) 2944641
(,,,,---
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
-.. ".~
~&
Ofliee of the Eml,loyee Servie(';o) Oh-ision Oir(>etor
The Histori<, (;ato Cigar Fadory
1100 Simonton Street, Suite 268
Key West, FL :1:IOW
(305) 292-14.')8 - I'hone
(:I05) 292-1564 - Fax
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-'.' ,.
TO:
FROM:
Board of County Commissioners
Teresa E. Aguiar, B;tQ(\)
Employee Services Direl~~
April 6, 2010 ~
DATE:
SUBJ:
General and Professional Liability Insurance
Renewal for Bayshore Manor
This item requests approval to waive purchasing policy and renew Bayshore Manor's General and
Professional Liability Insurance with Lantana Insurance, LTD. The current policy expires on April 30,
2010.
The availability of insurance for Assisted Living facilities is extremely limited and the current policy has
provided stable and quality insurance protection for the County since 2004. Based on the limited number
of insurers with the resources and desire to provide the necessary coverage along with the costs associated
with advertising, consultant fees and staff time, it is believed that obtaining competitive bid proposals at
this time is not justified and would not produce favorable results. It is understood that Lantana insurance,
L TO has inspected Bayshore Manor and believes it is a well run facility.
It is therefore the recommendation that the Board approve the request to waive the bidding process and
renew the policy in the amount of $15, 116.99.
I NTERISK
CORPORA TION
Consultants
Risk Management
Employee Benefits
1111 North Westshore Boulevard
Suite 208
Tampa, FL 33607-4711
Phone (813) 287-1040
Facsimile (813) 287-1041
April 7, 2010
Ms. Maria Slavik
Risk Manager
Monroe County
1100 Simonton Street
Suite 2-268
Key West, Florida 33040
Subject: Renewal of Bayshore Manor's General and Wrongful ActsNicarious Liability Insurance
Dear Maria:
Bayshore's General and Wrongful ActsNicarious Liability insurance expires on April 30, 2010. As you
are aware, this coverages is required for Bayshore to maintain its State of Florida's Assisted Living Facility
license. Unfortunately, there are a limited number of insurance companies that have the capability and
desire to provide the coverages Bayshore requires. With Bayshore's limited capacity (16 beds), the number
of insurers available to the County is further reduced.
Several years ago Lantana Insurance, Ltd. began providing Bayshore's coverages for what was believed to
be a reasonable premium. Lantana is a well recognized insurer and enjoys a favorable rating from the A.M.
Best and Company, the leading evaluator of insurance company operations. The County paid premiums of
$15,327.80 for its 2009/10 policy.
Arthur J. Gallagher (the County's insurance agent for this policy) has negotiated a favorable renewal with
Lantana for the 20 10/ II policy term. Lantana has agreed to renew the County's policy with terms and
conditions that are consistent with the expiring policy for an annual premium of$15,116.99. It is
believed that Gallagher has done a credible job in negotiating a renewal for Bayshore's insurance for
effectively the same price that the County paid last year, recognizing the limited number of insurers that
offer the required insurance. It is therefore recommended that Monroe County renew its General and
Wrongful ActsNicarious Liability insurance with Lantana Insurance Ltd. as proposed by Arthur J.
Gallagher for the 20 I 0/11 policy term.
As always, please do not hesitate to call if you have any questions.
Cordially,
INTERISK CORPORA nON
4-lJ DJLJ
Sidney G. Webber
CPCU, ARM
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMS~RY
Meeting Date: April 21. 2010
Division: Employee Services
Bulk Item: Yes ~
No
Department: Risk Management
Staff Contact PersonlPhone#:Maria L. Slavik X3178
AGENDA ITEM WORDING: Approval to renew current property insurance policy with Marsh USA the
County's insurance broker, for Property Insurance package through quality rated insurance companies not to
exceed $608,765. It is also being requested that authority be granted to Risk Management to accept an
alternative proposal from Marsh if it is believed to provide equal or superior coverage for a lower premium.
ITEM BACKGROUND: Provides replacement cost property insurance coverage for county buildings,
contents, communication towers and contractors equipment with a current value of $177,744,361.
PREVIOUS REVELANT BOCC ACTION: Staff has been working with Marsh for several months in
an effort to develop a favorable renewal proposal for the County's Property insurance. To date, Lexington and
Landmark (the incumbent insurers) has offered the most competitive pricing while maintaining terms and
conditions consistent with the expiring program. Marsh is continuing their efforts and it is believed that
more favorable pricing will be obtained.
CONTRACT/AGREEMENT CHANGES: The projected premium for insurance, as expiring is
$608,765 which is an increase $79,404 or 15% from last year. The increase is being attributable to
hardening market conditions.
STAFF RECOMMENDATIONS: Approval to renew the policy as submitted by Marsh for the period
of 5/1/10 -5/1/11. This would represent the third annual renewal and plans are to obtain competitive
proposals through the County's RFP process next year.
v c,ft 'f( t!e d
TOT AL COST: $ 608,675 INDIRECT COST: BUDGETED: Yes ~No
\'U 0 f t 0 fit- cte d
COST TO COUNTY: $608,675 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No~ AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ ~urchasing _ Risk Management.lli'r
DOCUMENT ATION:
Included ~ To Follow_
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Marsh USA, Inc. Contract #_
Effective Date: 5/1/10
Expiration Date: 5/1/11
Contract Purpose/Description:
Property Insurance Renewal
Contract Manager: Maria Slavik 3178 Employee Services #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 4- 21-10 Agenda Deadline: 4/6/10
CONTRACT COSTS
Total Dollar Value of Contract: $ not to
exceed
$608,765
Budgeted? Yes~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
503-08502- 530-450-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Date In
If.:.H 0
lliU
Date Out
Risk Management
.f JL<-
O.M.B./Purchasing L( -~ -/0
Lt.?,/D
-7-rJ
County Attorney ffr JD/D YesD Nom-
'1./fdP
Lf
+-e;-Ci%
Comments:
OMB Fonn Revised 2/27/01 MCP #2
O,~~,T,Y ~o~r!~E
(305) 294-4641
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
Offiee of the Employee Serviees Division Diredor
The Historic {;ato Ggar Factory
1100 Simonton Street, Suite 268
Key West, FL 330W
(305) 292-t-ct.'>8 - Phone
(30.'>) 292.t5M - Fax
~'
i..n"" '\
.'~. .(
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..... . ..:q. 'jI. .
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+'.r-:~....-~..
TO:
FROM:
Board of County Commissioners
Teresa E. Aguiar, lQ r
Employee Services Direct~
C
April 6, 2010
DATE:
SUBJ:
Approval to renew Property Policy
This item requests approval to renew the Property policy with Marsh USA, the County's insurance broker,
through quality rated insurance companies at a projected premium not to exceed $608,675. The coverage
is for the County's buildings, content, contractor's equipment, electronic data processing equipment and
the communication towers.
This is the third renewal of this insurance policy and it is scheduled to be bid next year.
It is recommended that the BOCC approve the property renewal coverage, with the same terms and
conditions, for the period of 5/1/1 0 - 5/1/11 for an amount not to exceed $608,675.
If you have any questions, please do not hesitate to contact me at 292-4458.
I NTERISK
CORPORA TION
Consultants
1111 North Westshore Boulevard
Suite 208
Tampa, FL 33607-4711
Phone (813) 287-1040
Facsimile (813) 287-1041
Risk Management
Employee Benefits
April 6, 20 to
Ms. Maria Slavik
Risk Manager
Momoe County
1100 Simonton Street
Suite 2-268
Key West, Florida 33040
Subject: Property Renewal
Dear Maria:
I have received and reviewed Marsh's proposal for the renewal of the County's Property Insurance program
that expires on May 1,2010. Currently, the County's Property Insurance is provided by Lexington
Insurance Company and Landmark American Insurance Company. Both companies enjoy a favorable
rating from the A.M. Best and Company, the leading evaluator of insurance company operations. The
current program has combined limits of $180,834,221 and combined premiums of $529,361.
When the renewal process began, Marsh indicated that they expected to obtain renewal premiums that were
equal to, or less than the premiums paid for the 2009/ I 0 program. In addition, one of the primary
objectives for this year's renewal was to increase the County's Wind limits from its current level of $5
million.
Marsh has obtained a renewal proposals from Lexington and Landmark with terms and conditions
comparable to the County's current program for an annual premium of $608,765. This premium anticipates
reducing the County's insurable values to $177,744,361 since several structures have been removed from
the County's Property schedule. Marsh has also advised that they have been unable to obtain additional
Wind limits at a reasonable cost. Lexington (the lead insurer on the County's program) advised Marsh that
the additional premium is attributable to a different approach they have taken in evaluating the loss
exposure to the County's communication equipment. Attempts to develop a better understanding of this
different approach was unsuccessful. Marsh has indicated that their efforts will continue and anticipates
obtaining the County's insurance for some amount less than the $608,765 currently being proposed.
Marsh is unable to provide an estimate of this reduced premium at this time.
While Marsh were unable to achieve the objectives that were established when the renewal process began,
the insurance that is being offered is well structured and the companies that are offering the coverages are
financially sound. It is believed that the County has no option but to renew its Property Insurance with
Lexington Insurance Company and Landmark American Insurance Company as proposed by Marsh USA
for the policy period May I, 20 10 to May I, 20 II. It is also recommended that the County continue its
efforts with Marsh in an effort to develop lower premiums and improved coverages.
As always, please do not hesitate to cal1 if you have any questions.
Cordial1y,
INTERISK CORPORA nON
4LJ DJlJ
Sidney G. Webber
CPCU, ARM